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HomeMy WebLinkAboutCOM 0722.000 2002-2004Harry Kim Mayor' Dixie Kaetsu Managing Director tdu I ri Uli 19 2 Peter L. Hendricks Deputy Managing Director COUNTY OF HA JI, 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740 (808) 329-5226 • Fax (808) 326-5663 July 29, 2004 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawai i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 04-003) Applicant: West Hawaii Business Park, LLC Request: Open to MCX-20 and MG -la Tax Map Key: 7-4-8:por 13 and 30 As required by Chapter 4, Sec. 6-43(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced request. Sincerely, '{1'I' `ay-' G✓Harry Kim o Mayor L071604 Enclosures cc: Planning Department 8,11 301 Hawa0i County is an Equal Opportunity Employer and Provider 1 IL -L, No.�Ref. To: p Ref. Date Al1G 5 Anne Harry Kim may., July 29, 2004 County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax (808) 961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 04-003) Applicant: West Hawaii Business Park, LLC Request: Open to MCX-20 and MG -la Tax Map Key: 7-4-8:por 13 and 30 The Planning Commission at its duly held public hearing on July 16, 2004, considered the Change of Zone application filed by West Hawaii Business Park, LLC for approximately 196.634 acres of land from an Open (0) to an Industrial — Commercial Mixed - 20,000 square foot (MCX-20) district and for approximately 85.733 acres from an Open (0) to a General Industrial 1 -acre (MG -1 a) district. The property is located along the east (mauka) side of Queen Kaahumanu Highway (Highway 19), adjacent to and south of the Kaloko Industrial Subdivision, Honokohau I'd and 2"d, North Kona, Hawaii. At the meeting, the Planning Commission took a vote on the motion to send the application to the County Council with a favorable recommendation as recommended by the Planning Director (attached), along with additional changes to the conditions proposed by the Director as suggested by the applicant. The vote on the motion to send a favorable recommendation was four ayes and three noes. The four to three vote constitutes a "no action" by the Planning Commission because of the lack of the five affirmative votes required by Hawaii County Charter, Section 134(I). Under Section 25-2-42(d)(3) and Planning Commission Rules 11-3(b)(2), the Planning Commission's non -action constitutes an unfavorable recommendation. The application will be forwarded to the County Council with this unfavorable recommendation. Hawaii County is an Equal Opportunity Employer and Provider Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 Accordingly, we are hereby transmitting this letter which explains the unfavorable recommendation of the Planning Commission along with the favorable recommendation of the Planning Director, along with the proposed bill and the Planning Department's Background Report and Recommendation. The hearing transcript will be forthcoming shortly. Should you have any questions, please feel free to contact Norman Hayashi of the Planning Department at 961-8288. Sincere l Fred aldones, Chairman Planning Commission Enclosures cc: Mr. William Moore Department of Public Works Department of Water Supply Planning Department — Kona Rodney Haraga, Director -DOT, Highways, Honolulu Department of Land and Natural Resources/HPD-Kona CWT 1 B PRF.Zcj y. d oc-7/ 16/04 WEST HAWAII BUSINESS PARK, LLC CHANGE OF ZONE APPLICATION (REZ 04-003) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order (Docket No. A00-730) dated September 26, 2003. C. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety days from the effective date of this ordinance. D. The subject area shall be zoned in multiple increments: 1. The first increment shall consist of Parcel 2 (MG zoned area) and Parcel 3 (9.9 -acre MCX zoned area) whose zoning shall be effective upon adoption of this ordinance. 2. Zoning increments within Parcel 1 (186.7 -acre MCX zoned area) shall be identified by the applicant as part of future subdivision applications. The effective date of these future zoning increments shall be upon completion of construction or acceptance of financial assurance thereof, by bond or other means, meeting with the approval of the Planning Director, whichever occurs first, for the portion of road improvements as shown on the approved circulation plan within each increment. The incremental zoning boundaries shall be identified on the subdivision maps and shall be along the portions of the roads proposed to be improved and shall not include large lots, as described in Section 23-28, Chapter 23, Hawaii County Code, or any remainder lot that is designated by the applicant on its subdivision plans. E. Prior to construction on the proposed lots, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). F. An updated Traffic Impact Analysis Report (TIAR) certified by a licensed engineer shall be submitted for review and approval to the Planning Director and Department of Public Works, prior to receipt of Final Subdivision Approval. The TIAR shall be updated to include the increase in the MCX-zoned area and the inclusion of interior intersections along the South Access Road and Honokohau Street. The revised TIAR shall also evaluate impacts to the Kamanu Street and Kealakehe Parkway intersection. The improvements shall be provided in an appropriate design year or phased with the needed right-of-way provided. All additional mitigation measures called for in the revised TIAR shall be implemented. G. All access and intersection improvements along Queen Kaahumanu Highway shall be constructed, meeting with all the requirements and approval of the State Department of Transportation. Access shall be limited to the North Access Road, and after construction of the National Park Service/Lanihau signalized intersection, to the National Park Service/Lanihau intersection and to the North Access Road, under such terms and conditions required by the Department of Transportation. H. Prior to the granting of Tentative Subdivision Approval for any lot within the subject area, the applicant shall prepare an overall Roadway Circulation Plan showing the major road corridors within the project area for review and approval by the Planning Department, in consultation with the Department of Public Works and the State Department of Transportation. -2- L Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions I, J and K below, either Queen Kaahumanu Highway shall be widened to four lanes fronting the project area or Kamanu Street Extension shall be constructed and available for use across the entire project area, whichever occurs first. Should Kamanu Street Extension be constructed by the applicant to satisfy this requirement, the applicant shall construct Kamanu Street extending from the north property boundary to the south property boundary, meeting with the approval of the Department of Public Works. At its sole discretion, the applicant may construct Kamanu Street Extension in stages, the first of which shall consist of preliminary vehicular access (hereinafter defined as road improvements constructed to non-dedicable standards) meeting with the safety and design requirements of the Department of Public Works, suitable for through -vehicular travel. Construction of the first stage shall be completed prior to the issuance of the County's issuance of a Certificate of Occupancy for any portion of the subject property, except as provided herein. The second stage shall consist of upgrading the preliminary vehicular access to dedicable standards including paved swales, meeting with the approval of the Department of Public Works, which shall be constructed in conjunction with Final Subdivision Approval for any lands along the roadway improvements constructed in the first stage, excluding large lots or remainder lots. In the event that Kamanu Street is constructed with County or other government funding or financing, the applicant shall dedicate the Kamanu Street right-of-way to the County at no cost, and the Kamanu Street improvements shall be improved to County dedicable standards, including curb, gutter and sidewalks, prior to the issuance of a Certificate of Occupancy within the subject property, except as provided in Conditions I, J and K herein. In this event, prior to the granting of Final Subdivision approval for lots fronting Kamanu Street, other than bulk or remainder lots, the applicant shall reimburse or otherwise contribute to the appropriate agency for the cost of construction. Provided that reimbursement shall occur within five years of completion of construction, or if reimbursement is by way of the applicant taking over bond payments, such repayment shall begin within four years of completion of construction. Reimbursement of the cost of construction of Kamanu Street shall not include any costs in excess of those necessary for a County-dedicable road serving the project area only. J. Prior to the issuance of a Certificate of Occupancy for improvements within an approximately 10 -acre portion of Parcel 1 along Kanalani Street Extension between the north property boundary and North Access Road, Kanalani Street Extension from the north property boundary to the North Access Road and the construction of improvements within the North Access Road/Queen Kaahumanu Highway intersection and North Access Road, as provided in the TIAR, shall be completed to County dedicable standards. K. Prior to the issuance of a Certificate of Occupancy for improvements within Parcel 2 other than for uses or improvements permitted or allowed as part of the on-going quarry and related activities, either Queen Kaahumanu Highway shall be widened to four lanes fronting the project area or Kamanu Street Extension shall be constructed and available for use across the entire project area, whichever occurs first, as provided in Condition H above. L. Prior to the issuance of a Certificate of Occupancy within Parcel 3, the applicant shall improve the north side of Honokohau Street, meeting with the approval of the Department of Public Works. M. Street lights, traffic signals and applicable traffic control devices shall be installed, as required by the Department of Public Works. N. In order to address and mitigate potential impacts from non -point source pollutants, the applicant shall participate with the County of Hawaii in a pilot storm drainage program for roadways within the Kaloko-Honokohaii region. This pilot program may potentially include other developments with the County and apply to all other government and private developments. The applicant shall participate by constructing all roadways within the proposed industrial - commercial park to County dedicable standards with paved swales. The drainage system with the road rights-of-way shall, if required by the County of Hawaii, -4- include storm drain filtration devices which meet with the approval of the Department of Public Works, in consultation with the National Park Service, and the applicable permitting requirements of the Underground Injection Control (UIC) of the Federal Safe Drinking Water Action and the National Pollutant Discharge Elimination System of the Federal Clean Water Act. The roadway and related improvements covered herein shall be considered eligible for dedication to the County of Hawaii. O. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval, prior to the issuance of a Certificate of Occupancy. P. An Archaeological Preservation and Burial Treatment Plan shall be submitted for the review and approval of the Planning Director, in consultation with the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD). Proposed mitigation treatment for the burial sites within the subject property shall be approved by the SHPD's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Preservation and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to submitting plans for Final Plan Approval, Final Subdivision review or prior to the issuance of any land alteration permit, whichever comes first. Q. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources -Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it is found that sufficient mitigation measures have been taken. R. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii Count Code, relating to Affordable Housing Policy. -5- S. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. T. Comply with all other applicable laws, rules, regulations and requirements of other affected agencies. U. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the enact of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Director acknowledges that further reports are not required. V. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). W. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -6- WEST HAWAII BUSINESS PARK, LLC CHANGE OF ZONE APPLICATION (REZ 04-003) CONDITIONS OF APPROVAL All access and intersection improvements along Queen Kaahumanu Highway shall be constructed, meeting with all the requirements and approval of the State Department of Transportation. Access to Parcel 1 from Queen Kaanumanu Highway shall be limited to the "North Access Road" and, after construction of the National Park Service/[Eanihati] South Access Road (Quarry Road) signalized intersection, to the National Park Service/[Ranihan] South Access Road (Quarry Road) intersection and to the North Access Road, under such terms and conditions required by the Department of Transportation. c'd at% �mtg by Mst'd _Reed w._ FILE COPY WEST HAWAII BUSINESS PARK, LLC CHANGE OF ZONE APPLICATION (REZ 04-003) CONDITIONS OF APPROVAL L. Street lights, traffic signals and applicable traffic control devices shall be installed, as required by the Department of Public Works as warranted pursuant to the Manual on Uniform Traffic Control Devices. 'd ata mtg Dised _ Read FILE COPY R WHBPREZ.doc-7/12/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WEST HAWAII BUSINESS PARK, LLC CHANGE OF ZONE APPLICATION (REZ 04-003) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for a change of zone be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based on additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from Open (0) to the Industrial -Commercial Mixed 20,000 square foot (MCX-20) district for 196.634 acres, and Open (0) to the General Industrial 1 -acre (MG -1a) district for approximately 85.733 acres to allow the development of Phase I of Lanihau Properties, LLC's West Hawaii Business Park. The proposed MCX area will contain uses similar to those in Kaloko Industrial Park and the Kailua Industrial area, plus additional commercial uses consistent with the County's revised list of MCX zoning uses. Quarry operations and related uses such as concrete pre- casting and concrete batching operations, which are within the proposed MG zoned area, will continue on the site. The initial phase of the West Hawaii Business Park is proposed to consist of lots ranging in size from % to 5+ acres within the MCX zoned area, and from I to 25 acres within the proposed MG zoned area. The final number of lots and configuration will depend on market conditions and demand at the time of subdivision approval. Most of the site will be mass graded,with all necessary infrastructure. Rezoning and development of future phases will be undertaken as market conditions warrant. The project is scheduled to commence in late 2004, with completion anticipated in 2012 or thereafter. However, the actual development schedule will depend on various market conditions. The estimated cost of the project is approximately $7,500,000 for design and infrastructure improvements. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The change of zone request will conform to, among others, the Land Use and Economic elements of the General Plan. This proposed development is consistent with the Land Use and Economic elements of the General Plan in that the proposed development will provide additional and expanded employment opportunities for the residents of the area as well as the entire island. The employment opportunities from the proposed development as a result of this zoning request will generate both short-term (construction) and long-term (operational) employment. The proposed project would provide opportunities to increase the activity of secondary industries, thereby increasing job opportunities for the island's residents. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The project area is designated Industrial and Urban Expansion Area. The Industrial designation allows for uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The Urban Expansion Area designation allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The proposed change of zone will be -2- consistent with the General Plan land use pattern for this area of Kona and the applicable goals, policies and standards of the General Plan. The project will allow a mix of industrial -type uses in an area already established with industrial uses. Thus, this request would conform to the Courses of Action (Land Use - Industrial) for the North Kona district which states, "Industrial development should be in harmony with surrounding uses and the environment." The Land Use element of the General Plan also states that urban - type uses shall be developed in areas adequately served by essential services and other infrastructure. These services and infrastructure are vitally important to areas being developed for urban uses. Essential services and infrastructure, which include electricity, sewer, water, and roads, are or can be made available to the area. From the comments received from agencies, various improvements would be required for the development of this project. Therefore, conditions will be included to assure that these services and infrastructure are provided in a timely manner to accommodate the proposed uses. With the requirement that the applicant provide these essential services and infrastructure, the granting of this change of zone would not unreasonably burden the public agencies to provide roads and streets, sewer, water, drainage improvements and police and fire protection to accommodate the development of this project. The adjacent properties to the north are zoned Limited Industrial I -acre (ML-Ia) and Industrial -Commercial Mixed 1 -acre (MCX-1a), site of the Kaloko Industrial Park. Properties to the east (mauka) are zoned Agricultural 5 -acre (A - 5a) and intermittently used for cattle grazing, and properties to the south are zoned Limited Industrial 3 -acre (ML -3a) and Limited Industrial 20,000 -square foot (ML -20), site of the Honokohau Business Park, Taylor/Isemoto/Kona Trans Industrial Development and the Pau Hana residential development. The Kaloko- Honokohau National Historical Park is located directly across or makai of the Queen Kaahumanu Highway to the west. A favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of North Kona. -3- The property is currently not used for any agricultural activities. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500 - year flood plain. The project site is gently sloping, with the exception of a bulge in the central/northerly area and a dip in the southerly portion. The site extends in elevation between approximately 40 feet above sea level at the Queen Kaahumanu Highway to approximately 320 feet at the mauka border. Soils within the property and surrounding area are classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such intensive agricultural activities from being conducted. Access to the site is proposed from three intersections off the Queen Kaahumanu Highway. These intersections include the existing road to the quarry and related uses (North Access Road), a proposed new access road to be constructed opposite the access to the Kaloko-Honokohau National Historical Park entry (South Access Road), and the existing Honokohau Street which will provide access to the 9.9 -acre area along the southern boundary of the project site. Lateral access from adjacent commercial/industrial areas will be provided through the proposed extension of the existing Kamanu and Kanalani Streets between Hina Lani Street and the Kealakehe Parkway. As part of the EIS process, the applicant undertook a Traffic Impact Analysis Report (TIAR) to identify project impacts to existing and future roadway systems. According to the applicant, the following improvements were identified in the TIAR as being required to support the initial phase of development: a. Westbound South Access Road would be provided with three lanes at its intersection with Queen Kaahumanu Highway. b. The right -turn deceleration and acceleration lanes on northbound Queen Kaahumanu Highway at the North Access Road would be lengthened. C. Kanalani Street would be extended from the northern boundary of the site to intersect with the North and South Access Roads. -4- Kamanu Street would be extended from the northern boundary of the site to intersect with the North and South Access Roads. The TIAR concluded that the peak hour increase in vehicles generated by the initial phase of development of the proposed project is expected to impact traffic on existing roadways in the area. The identified traffic improvements are expected to mitigate the traffic resulting from this project. The State Department of Transportation announced that in August of 2004, work would commence on widening the Queen Kaahumanu Highway to a four -lane divided highway between Henry Street and the Kona International Airport. The first phase of the project will extend between Henry Street and Kealakehe Parkway and will take approximately 18 months to complete. According to the Department of Transportation, construction of the second phase from Kealakehe Parkway to the Kona International Airport would continue as the first phase is completed. As part of the design for these improvements, the applicant has agreed to relocate the main access for the Kaloko-Honokohau Business Park on Queen Kaahumanu Highway approximately 700 feet to the south (South Access Road) directly across from the existing access to the Kaloko- Honokohau National Historical Park. The Department of Transportation is responsible for improving this intersection with traffic signals and turning lanes as part of this agreement. In their memo dated July 7, 2004, the Department of Public Works has stated that: • the TIAR should be updated to determine traffic impacts from the proposed development and impose proper mitigating improvements. • the TIAR does not address the interior subdivision roads and intersections. The Department of Public Works is concerned about internal traffic circulation at the extension of Kanalani Street which may be as close as 400 feet from the Queen Kaahumanu Highway on the proposal to develop around a new mauka-makai collector (South Access Road) from a proposed new signalized intersection on Queen Kaahumanu Highway. If the Department of Transportation is already committed to a signalized intersection at Queen -5- Kaahumanu Highway, the intersections at Kanalani Street and Kamanu Street must also be evaluated for signal warrant. The proposal combines access to the MCX-20 commercial area and the quarry so quarry truck traffic will be sharing the South Access Road with passenger vehicles. The applicant should anticipate right-of-way width for multiple lanes, signalized intersections, and restricted access to abutting properties on the South Access Road collector. • the long term plans for Queen Kaahumanu Highway do not include this intersection with the South Access Road; the internal roadway system should be designed for a future condition without the intersection. The applicant should be required to plan the development with no direct access to Queen Kaahumanu Highway and anticipate any necessary improvements and connections to the secondary arterials and collectors, Midlevel Road, Kealakehe Parkway, and Hina Lani Street. • prior to submittal of plans for subdivision review, the applicant shall prepare a Traffic Circulation and Roadway improvement Plan for roads and intersections within and in the general vicinity of the subject property, meeting with the approval of the Planning Director in consultation with the Department of Public Works and Department of Transportation. • all right-of-way widths, roadways and intersection design shall be provided within Phase 1 accounting for future regional growth identified in the TIAR to the year 2020. Kamanu Street extension should be 80 feet wide minimum in conformance with the K to K plan or provide data to support a lesser width. Although the 80 -foot wide collector has neither been provided through the adjacent Kaloko and Honokohau Industrial Parks to the north and south rather as a narrower 60 -foot wide (two-lane) street, auxiliary turn lanes and traffic control devices shall be provided as warranted. • South Access Road, Kanalani Street and Kamanu Street extension will serve as collectors. Access should be controlled to the extent that locations of driveway approaches should be approved by the Department of Public Works. Direct access to individual lots should not be allowed from South Access Road between Queen Kaahumanu Highway and Kamanu Street unless El physically restricted to right -in and right -out only by a median barrier. Since the initial filing of the application, there are growing concerns about the ability of Queen Kaahumanu Highway to handle the increased traffic from developments along this corridor as well as the timing of construction of the proposed second phase of the improvements which will widen the highway to four lanes from Kealakehe Parkway to the Kona International Airport. One of the key factors in potential impacts on the highway corridor is the lack of an alternative north/south route connecting Hina Lani Street and Kealakehe Parkway. This lack of interconnections requires all of the traffic to and from Kealakehe High School and the Department of Hawaiian Home Lands residential project to travel on Queen Kaahumanu Highway for at least a portion of every trip, adding to the overall highway congestion. The applicant recognizes that the construction of Kamanu Street across the property will provide the necessary interconnection between Hina Lani Street and Kealakehe Parkway. The proposed Kamanu Street extension will contribute to the improvement of the overall circulation pattern in the region. It will also provide alternative routes to the expanding commercial/industrial activities in the Kaloko Industrial area anchored by Costco and Home Depot. Conditions of approval will be included to address the roadway and traffic concerns. The request for a change of zone will not result in a substantial adverse impact upon the surrounding area, community or region. The project site is located approximately halfway between the Kona International Airport and Kailua-Kona, between the Kaloko Industrial park and the existing Honokohau industrial developments. The project site consists of approximately 282.36 acres. There are existing quarry operations and related uses covering approximately 100 acres of the West Hawaii Business Park. The quarry and related uses were approved by Conservation District Use Permit HA -66/6/12-35, which allows for eventual expansion of quarry -related uses over 261.723 acres, including approximately 232 acres within the West Hawaii Business Park. According to the applicant, quarrying uses have been in existence in this area since 1967 and will continue for approximately 20 more years. Appropriate -7- buffers will be provided between existing quarry uses and the proposed and existing industrial and commercial mixed uses. Excavated areas no longer yielding aggregate materials will be converted to industrial use. The mauka or easternmost portion of the site has been used for cattle grazing on an intermittent basis. The southern portion of the site is fallow and supports no other current land uses. All essential utilities are available to the site. According to the Department of Water Supply, Parcel 13 is allotted 50 water units and Parcel 30 is allotted 14 water units. Each of these units is equal to a maximum daily use of 600 gallons for a total of 38,400 gallons per day. In addition, Parcel 13 has an existing two-inch water meter that the Department of Water Supply will continue to support to supply the quarry and related uses. Should the quarry use be terminated or an alternative water source developed, water from the two-inch water meter may be reallocated to other industrial or industrial/commercial lots/uses. There are currently no sewer lines serving the site, and most businesses in the adjacent Kaloko Industrial Park are on cesspool sewage systems. The Department of Health Wastewater Branch supports the requirements to connect to or expand the County wastewater system to accommodate the proposed project. Until the sewer lines are extended to connect to the Kealakehe Wastewater Treatment Plant, a wastewater disposal will be in accordance with Chapter 62, Hawaii Administrative Rules, which requires use of individual wastewater treatment systems in unsewered areas, including septic tanks or aerobic units with disposal systems. Tenants will utilize individual wastewater systems with an enhanced treatment system. According to the applicant, a maximum of 40 lots can be improved and occupied before connection to the County's wastewater treatment plant. In preparation for the eventual connection to the Kealakehe sewage treatment plant, sewerlines will be constructed as part of the subdivision infrastructure. Solid waste will be disposed of at the County's Puuanahulu landfill, approximately 18 miles north of the site. Electrical, telephone and cable services are available to the site. Police and fire protection will be provided from the Kailua-Kona station on the corner of Palani Road and Queen Kaahumanu -8- Highway. Police and fire protection services area available approximately 1.5 miles to the south in Kealakehe and three miles to the southeast in Kailua-Kona. A variety of parks are available in the vicinity. The Kona Hospital is located in Kealakekua, approximately ten miles from the site. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The project site is located mauka of the Queen Kaahumanu Highway approximately 3,000 feet from the shoreline, and is not in the Special Management Area. Thus, the site will not be affected by coastal hazard and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the project area. An archaeological inventory survey of the site and the surrounding area was conducted by Cultural Surveys in April 1993 and March 1998. The survey was approved by the State Department of Land and Natural Resources Historic Preservation Division on August 28, 2001. The inventory of the site identified 73 sites. The primarily traditional Hawaiian sites consisted of dryland agricultural complexes, simple agricultural features, temporary, recurrent and permanent habitation sites, a refuge cave, human burials (7 sites), animal containment features, an ahupua'a wall and various boundary walls, two petroglyphs, trail segments, and ahu (shrines or markers). Sites associated with historic -era activities such as cattle ranching were also identified within the area. Of the 73 recorded sites, 50 are located in several concentrations between the Queen Kaahumanu Highway and 175 feet above sea level. The remaining 23 are located between the 225 -foot elevation and the mauka end of the site. Of the 73 sites, 8 are significant for preservation, 31 are significant for their information content and recommended for data recovery, and 34 are recommended for no further work, as sufficient information has already been obtained, and these sites are deemed no longer significant. The eight sites recommended for preservation contain examples of permanent habitation sites and lava tube complexes, burial sites, a refuge cave, petroglyphs, and partial preservation of two traditional/historic trails. Portions of one mauka-makai trail and the Mamalahoa 0 Trail are recommended for preservation. All of the burial sites are recommended for preservation. According to the applicant, based on historical research and oral interviews, there are few valued cultural, natural or historical resources in the project area. Those present include various archaeological sites and human burials important for preservation in place. The treatment of the seven known burials all associated with lava tubes, will be in accordance with procedures approved by the Hawaii Island Burial Council and the Department of Land and Natural Resources Historic Preservation Division. The site has not been used for traditional cultural practices in the recent memory of any of the interviewees consulted as part of the oral history research. Based upon the limited range of resources and the proposed mitigation for impacts to all affected resources, the exercise of native Hawaiian rights related to gathering, access or other customary activities will not be affected, and there will be no adverse impacts on cultural practices. According to the applicant, mitigation will occur through preservation of each of the burials and the eight archaeological sites that were recommended for preservation, and data recovery for the 31 sites recommended for data recovery. A Preservation Plan, a Data Recovery Plan and a Burial Treatment Plan will be prepared in consultation with the State Historic Preservation Division, the Hawaii Island Burial Council, Kaloko-Honokohau National Historical Park, the Hawaii State Na Ala Hele Trails Advisory Group, as well as other organizations. As a condition of approval, the applicant will be required to work with the Department of Land and Natural Resources Historic Preservation Division (SHPD) to prepare a Preservation Plan of the sites recommended for preservation. Adherence to this plan should adequately protect the resources and effectively mitigate any potential impacts. According to the applicant, as a result of its location in the lowlands and its history of use for ranching, industrial purposes and roadways, the current flora and fauna of the site is composed almost entire of alien species, including quarry scrub vegetation and koa haole shrubland. Species in the area include 'ohi'a, wiliwili, 'ohe, kolomona, alahe'e, naio, fountain grass, kiawe, jacaranda and ®i Christmas berry. No rare, threatened or endangered species occur on the site. To the northeast of the site is an area of valuable native species and habitat on the Kaloko lava flow, which includes a rare variety of ko'oko'olau plants. Although this area is not within the area requested for rezoning, the applicant will preserve a protective buffer zone within the property setback of lots created in the northeast corner of the project site. The Final Environmental Impact Statement (FEIS) dated April 2003 stated that the proposed development is not expected to have a significant negative impact on the botanical resources since the site is dominated by introduced or alien species. The FEIS states that an ornithological and mammalian survey of the area was conducted in December, 1999. The fauna in the area is dominated by alien species including the mongoose. Skeletons of feral goats, cattle and donkeys were discovered on the site. The endangered Hawaiian hoary bat has been recorded from the general area in past faunal surveys and may occasionally forage above the site. None were detected during the survey conducted in December, 1999. Fifteen avian species, including the House Finch, Zebra Dove and Japanese White eye, were detected during station counts. No endangered or threatened avian species were detected. Small numbers of endangered endemic Hawaiian subspecies of Dark-Rumped Petrel may overfly the site between May and October. However, the distribution of the species has lately been reduced to a limited number of breeding colonies high on Mauna Loa and possibly Hualalai. The project site is not considered to be an essential habitat for any native terrestrial vertebrate species, and there is no federally designated critical habitat for birds in or near the site. The FEIS states that no direct adverse impacts to native or otherwise important fauna would occur, as the area is almost entirely composed of alien species. To minimize the potential for disorientation and subsequent injury or death of Dark-Rumped Petrels that fly over the site, it is recommended that all street lighting within the area be shielded to eliminate upward -directed light. The project will, when developed, generate additional traffic on the Queen Kaahumanu Highway, primarily from the Kailua-Kona area and points south, -11- because the bulk of the Kona population is in that direction. Conditions of approval have been proposed to deal with potential impacts from the development. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: The applicant presented the following information from which the Planning Commission and County Council can determine the valued cultural, historical, and natural resources within the area sought for rezoning: • An Archaeological Inventory Survey of an Approximately 803 -acre Subject Parcel in the Ahupuaa of Honokohau I and 11, North Kona District, Island of Hawaii, TMK• 7-4-8: Por. 5, 13, 30 and 36 by Cultural Surveys Hawaii, April 1993 and March 1998 • Final Environmental Impact Statement, Kaloko-Honokohau Business Park, by Geometrician Associates, April 2003, accepted by the Land Use Commission on April 25, 2004 The valuable cultural, historical, and natural resources found in the rezoning area: The Final Environmental Impact Statement (FEIS) dated April 2003 stated that the proposed development is not expected to have a significant negative impact on the botanical resources since the site is dominated by introduced or alien species. The FEIS states that an ornithological and mammalian survey of the area was conducted in December, 1999. The fauna in the area is dominated by alien species. The site is not considered to be an essential habitat for any native terres a] vertebrate species, and there is no federally designated critical habitat foi birds in or near the site. The FEIS states that no direct adverse impacts to native or otherwise important fauna would occur, as the area is almost entirely composed of alien species. 12- Possible adverse effect or impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The development of the project will result in alterations of the land that may compromise some of the archaeological sites. The project has been planned in close coordination with archaeological and cultural inventory to ensure that all known burials and all sites important for preservation or data recovery will be preserved in place. Feasible actions to protect native Hawaiian rights: Conditions of approval will be included to require the applicant to notify the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD) should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR-HPD. There is no evidence of any traditional and customary Native Hawaiian rights currently being practiced on the site. Thus, it is believed that the project will have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. The FEIS states, "no cultural practices or beliefs will be adversely impacted by the project, and no valuable natural, cultural or historical resources will be substantially affected, given implementation of mitigation measures to prevent adverse impacts to culturally important viewplanes and water quality of the culturally important ponds and marine waters downslope of the project. Proper treatment of historic sites with cultural values will prevent adverse cumulative impact." The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -13- CW HBPREZgy.doc-7/12/04 WEST HAWAII BUSINESS PARK, LLC CHANGE OF ZONE APPLICATION (REZ 04-003) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order (Docket No. A00-730) dated September 26, 2003. C. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety days from the effective date of this ordinance. D. The subject area shall be zoned in multiple increments: The first increment shall consist of Parcel 2 (MG zoned area) and Parcel 3 (9.9 -acre MCX zoned area) whose zoning shall be effective upon adoption of this ordinance. 2. Zoning increments within Parcel 1 (186.7 -acre MCX zoned area) shall be identified by the applicant as part of future subdivision applications. The effective date of these future zoning increments shall be upon completion of construction or acceptance of financial assurance thereof, by bond or other means, meeting with the approval of the Planning Director, whichever occurs first, for the portion of road improvements as shown on the approved circulation plan within each increment. The incremental zoning boundaries shall be identified on the subdivision maps and shall be along the portions of the roads proposed to be improved and shall not include large lots, as described in Section 23-28, Chapter 23, Hawaii County Code, or any remainder lot that is designated by the applicant on its subdivision plans. E. Prior to construction on the proposed lots, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). F. All access and intersection improvements along Queen Kaahumanu Highway shall be constructed, meeting with all the requirements and approval of the State Department of Transportation. Access shall be limited to the "North Access Road" and, after construction of the National Park Service/Lanihau signalized intersection, to the National Park Service/Lanihau intersection and to the North Access Road, under such terms and conditions required by the Department of Transportation. G. Prior to the granting of Tentative Subdivision Approval for any lot within the subject area, the applicant shall prepare an overall Roadway Circulation Plan showing the major road corridors within the project area for review and approval by the Planning Department, in consultation with the Department of Public Works and the State Department of Transportation. H. Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions I, J and K below, either Queen Kaahumanu Highway shall be widened to four lanes fronting the project area or Kamanu Street Extension shall be constructed and available for use across the entire project area, whichever occurs first. Should Kamanu Street Extension be constructed by the applicant to satisfy this requirement, the applicant shall construct Kamanu Street extending from the north property boundary to the south property boundary, meeting with the approval of the Department of Public Works. At its sole discretion, the applicant may construct Kamanu Street Extension in stages, the first of which shall consist of preliminary vehicular access (hereinafter -2- defined as road improvements constructed to non-dedicable standards) meeting with the safety and design requirements of the Department of Public Works, suitable for through -vehicular travel. Construction of the first stage shall be completed prior to the issuance of the County's issuance of a Certificate of Occupancy for any portion of the subject property, except as provided herein. The second stage shall consist of upgrading the preliminary vehicular access to dedicable standards including paved swales, meeting with the approval of the Department of Public Works, which shall be constructed in conjunction with Final Subdivision Approval for any lands along the roadway improvements constructed in the first stage, excluding large lots or remainder lots. In the event that Kamanu Street is constructed with County or other government funding or financing, the applicant shall dedicate the Kamanu Street right-of-way to the County at no cost, and the Kamanu Street improvements shall be improved to County dedicable standards, including paved swales, prior to the issuance of a Certificate of Occupancy within the subject property, except as provided in Conditions I, J and K herein. In this event, prior to the granting of Final Subdivision approval for lots fronting Kamanu Street, other than bulk or remainder lots, the applicant shall reimburse or otherwise contribute to the appropriate agency for the cost of construction. Provided that reimbursement shall occur within five years of completion of construction, or if reimbursement is by way of the applicant taking over bond payments, such repayment shall begin within four years of completion of construction. Reimbursement of the cost of construction of Kamanu Street shall not include any costs in excess of those necessary for a County-dedicable road serving the project area only. I. Prior to the issuance of a Certificate of Occupancy for improvements within an approximately 10 -acre portion of Parcel 1 along Kanalani Street Extension between the north property boundary and North Access Road, Kanalani Street Extension from the north property boundary to the North Access Road and the construction of improvements within the North Access Road/Queen Kaahumanu Highway intersection and North Access Road, as provided in the TIAR, shall be -3- completed to County dedicable standards. J. Prior to the issuance of a Certificate of Occupancy for improvements within Parcel 2 other than for uses or improvements permitted or allowed as part of the on-going quarry and related activities, either Queen Kaahumanu Highway shall be widened to four lanes fronting the project area or Kamanu Street Extension shall be constructed and available for use across the entire project area, whichever occurs first, as provided in Condition H above. K. Prior to the issuance of a Certificate of Occupancy within Parcel 3, the applicant shall improve the north side of Honokohau Road, meeting with the approval of the Department of Public Works, including paved swales and on -street parking. L. Street lights, traffic signals and applicable traffic control devices shall be installed, as required by the Department of Public Works. M. In order to address and mitigate potential impacts from non -point source pollutants, the applicant shall participate with the County of Hawaii in a pilot storm drainage program for roadways within the Kaloko-Honokohau region. This pilot program may potentially include other developments with the County and apply to all other government and private developments. The applicant shall participate by constructing all roadways within the proposed industrial - commercial park to County dedicable standards with paved swales. The drainage system with the road rights-of-way shall, if required by the County of Hawaii, include storm drain filtration devices which meet with the approval of the Department of Public Works, in consultation with the National Park Service, and the applicable permitting requirements of the Underground Injection Control (UIC) of the Federal Safe Drinking Water Action and the National Pollutant Discharge Elimination System of the Federal Clean Water Act. The roadway and related improvements covered herein shall be considered eligible for dedication to the County of Hawaii. N. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval, prior to the issuance of a Certificate of Occupancy. O. An Archaeological Preservation and Burial Treatment Plan shall be submitted for -4- the review and approval of the Planning Director, in consultation with the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD). Proposed mitigation treatment for the burial sites within the subject property shall be approved by the SHPD's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Preservation and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to submitting plans for Final Plan Approval, Final Subdivision review or prior to the issuance of any land alteration permit, whichever comes first. P. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources -Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it is found that sufficient mitigation measures have been taken. Q. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii Count Code, relating to Affordable Housing Policy. R. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. S. Comply with all other applicable laws, rules, regulations and requirements of other affected agencies. -5- T. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Director acknowledges that further reports are not required. U. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances. 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). V. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. 1.1 ORDINANCE NO. STATE OF HA AN BILL NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO INDUSTRIAL - COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL (MG -la) AT HONOKOHAU 11T AND 2ND NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-8:PORTION 13 & 30. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Honokohau 1 s` and 2nd, North Kona, Hawaii, shall be Industrial -Commercial Mixed (MCX-20): PARCEL "I" Beginning at the Northwest corner of this parcel of land, the coordinates of said point of beginning referred to Hawaiian Plane Coordinate Grid System Zone I being 310,073.83 feet North and 320,034.85 feet East and thence running by azimuths measured clockwise from true South: 2590 01' 40" 2,361.73 feet along Lots 57 and 17 of Kaloko Light Industrial Subdivision Unit 1 (File Plan 1806), Kanalani Street, Lots A, being a portion of R.P. 8214, L.C. Aw. 7715, Ap. I 1 to Lota Kamehameha, Lots 53 and 52 of Kaloko Light Industrial Subdivision Unit 1 (File Plan 1806), Lot 50-A, being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, Lots A and F, being portions of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha; 2. 3490 01' 40" 596.91 feet; 3. 3480 15' 1,852.52 feet; 4. 2580 15' 410.00 feet; 5. 2600 10' 226.89 feet; 6. 3500 10' 888.31 feet; 7. 780 15' 10" 1,522.85 feet along Lots 8, 7, 6 and 5, Road G and Lot 3, being portions of R.P. 6855, L.C. Aw. 9971, Ap. 9 to William Pitt Leleiohoku; 8. 780 15' 30" 1,000.00 feet along Lot 8-A, being a portion of R.P. 6855, L.C. Aw. 9971, Ap. 9 to William Pitt Leleiohoku; Lot 8-13, being all of Grant 5- 15098 to Lanihau Corporation, et al.; and Lot 8-C, being a portion of R.P. 6855, L.C. Aw. 9971, Ap. 9 to William Pitt Leleiohoku; 9. 1480 10' 213.70 feet along the East side of Queen Kaahumanu Highway (Project Number BD - 65 -352); 10. Thence along the East side of Queen Kaahumanu Highway (Project Number BD - 65 -352), on a curve to the right with a radius of 5,904.00 feet, the chord azimuth and distance being: 1580 04' 45" 2,032.68 feet; 11. 1670 59' 30" 1,175.19 feet along the East side of Queen Kaahumanu Highway (Project Number BD - 65 -352), to the point of beginning and containing an area of 186.733 Acres. The district classification of the following area situated at Honokohau I" and 2nd, North Kona, Hawaii, shall be General Industrial (MG -la): -2- PARCEL "2" Beginning at the Northwest corner of this parcel of land, the coordinates of said point of beginning referred to Hawaiian Plane Coordinate Grid System Zone 1 being 310,523.35 feet North and 322,353.41 feet East and thence running by azimuths measured clockwise from true South: 1. 2590 01' 40" 322.18 feet along Lot F, being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha; 2. 2600 55' 29" 914.00 feet along Lot F, being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha; 3. 3320 45' 710.32 feet; 4. 3370 00' 1,798.39 feet; 5. 800 10' 1,374.70 feet; 6. 780 15' 410.00 feet; 7. 1680 15' 1,852.52 feet; 8. 1690 01' 40" 596.91 feet to the point of beginning and containing an area of 85.733 Acres. The district classification of the following area situated at Honokohau 1" and 2nd, North Kona, Hawaii, shall be Industrial -Commercial Mixed (MCX-20): PARCEL "3" Beginning at the Southwest corner of this parcel of land, the coordinates of said point of beginning referred to Hawaiian Plane Coordinate Grid System Zone 1 being 306,466.91 feet North and 321,393.14 feet East and thence running by azimuths measured clockwise from true South: 1. 1480 10' 459.24 feet along the East side of Queen Kaahumanu Highway (Project Number BD - 65 -352); -3- 2. 2580 15' 30" 1,000.00 feet along Lot A, being a portion of R.P. 7587, L.C. Aw. 11216, Ap. 36 to M. Kekauonohi (Certificate of Boundaries No. 138); 3. 3280 10' 459.24 feet along Lot 3, being a portion of R.P. 6855, L.C. Aw. 9971, Ap. 9 to William Pitt Leleiohoku; 4. 780 15' 30" 1,000.00 feet along Lots IX -A, IX -B and IX -C, being portions of R.P. 6855, L.C. Aw. 9971, Ap. 9 to William Pitt Leleiohoku to the point of beginning and containing an area of 9.901 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment .of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -4- SECTION 4. This ordinance shall take effect upon its approval. Hawai `i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -5- EXHIBIT "A" (West Hawaii Business Park, LLC 1127) W5 - RS - 7.5 "RS -7.5-__--____-__ I _ - I i A -5a �_______- � �' A- a R 10.. 5 RS -10 RM -3 OPEN Mahaw e•a I a - ?St. A -la - -- 1 A -5a-,-_. A -5a 15a W S A -5a d A -5a d7, A -5a a PA CEL 2 OP (0) TO- ea NERAL USTRIAL MG-1A�a ' 85.733 ACS. FE 3 A-52 RS -7.5 - -pPEN �� _\ OPEN / A -5a 10,52 .3 N %- 1322,33. E '%'"� OPENJ =OPEN p PARCEL3 HA All PLANE COORDINATE % % .. _ a- OMEN (0) 0 GRI S STEMZONE1" „ - INDUSTRIAL•C ME CIAL A — MCX-1a ; MIXED C -20 9.901 C — — ML -la --- Y OPEN pJ PEN Mbla m MCX-1a Mbla_ ML -1a �t tt 4• t I� p�eeOKaa OPEN ! t Q OPEN m -0 Mbla fi ML -1a - a'�IVI��f1�) Ie„t F OPEN - umaa 306,466.91 N OPEN % 321,393.14E QJeaaKaah "HAWAII PLANE C ORD TE j GRID SYSTEM ZO E 1 ” 310,073.63 N OPEN ° 320.034.8 OPEN "HC ORDINATE OPEN I S SRS 10 O E 1" Ho Bayhau �-" RS -10 ARCELI OPEN 'RM -3 OPEN OPEN (0) TO OPENo -- RS -10 v-125 INDUSTRIAL -COMMERCIAL I IXEQIMCX-201 "eM-3 cv-10 186.733 ACS. 2,500 1,250 0 2,500 5,000 7,500 10,000 12,500 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO INDUSTRIAL -COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL (MG -1a) AT HONOKOHAU 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-4-8: Por. 13 & 30 Date June 7, 2004 EXHIBIT "A" (West Hawaii Business Park, LLC 1127) BWHBPRE7.dm-7/12ttW COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WEST HAWAII BUSINESS PARK, LLC CHANGE OF ZONE APPLICATION (REZ 04-003) WEST HAWAII BUSINESS PARK, LLC has submitted an application for a Change of Zone from Open (0) to Industrial -Commercial Mixed 20.000 square foot (MCX-20) for approximately 196.634 acres, and Open (0) to General Industrial 1 -acre (MG -I a) for approximately 85.733 acres to allow the development of Phase I of Lanihau Properties. LLC's West Hawaii Business Park. The property is located along the east (mauka) side of Queen Kaahumanu Highway (State Highway 19), Honokohau 1" and 2"d, North Kona, Hawaii. TMK: 7- 4-8: Por. 13 and 30. REQUEST The applicant is requesting a change of zone from Open (0) to Industrial -Commercial Mixed 20,000 square foot (MCX-20) for approximately 196.634 acres, and Open (0) to the General Industrial 1 -acre (MG -1 a) for approximately 85.7 1.3 acres to allow the development of Phase I of Lanihau Properties, LLC's West Hawaii Business Park. The proposed MCX area will contain uses similar to those in Kaloko Industrial Park and the Kailua Industrial area, plus additional commercial uses consistent with the County's revised list of MCX zoning uses. Quarry operations and related uses such as concrete pre -casting and concrete batching operations, which are within the proposed MG zoned area, will continue on the site. The initial phase of the West Hawaii Business Park is proposed to consist of lots ranging in size from '/2 to 5+ acres within the MCX zoned area. and from 1 to 25 acres within the proposed MG zoned area. The final number of lots and configuration will depend on market conditions and demand at the time of subdivision approval. Most of the site will be mass graded with all necessary, infrastructure. Rezoning and development of future phases will be undertaken as market conditions warrant. The project is scheduled to commence in late 2004, with completion anticipated in 2012 or thereafter. However. the actual development schedule will depend on various market conditions. The estimated cost of the project is approximately $7,500.000 for design and infrastructure improvements only. Lanihau Properties. LLC is the landowner of the pronerties. (See Exhibit 1 - Change of Zone application, including Final Environmental Impact Statement Kaloko-Honokohau Business Park dated April, 2003 and Docket No. A00-730 dated September 26, 2003) STATE AND COUNTY PLANS 2. State Land Use Designation: Urban. On September 18. 2003. the State Land Use Commission approved Docket No. A00-730 to reclassify 336.984 acres from Conservation to Urban. (A copy of the Findings of Fact. Conclusions of Law and Decision and Order is included as Exhibit B within the application) 3. General Plan LUPAG Map: Industrial along the northwestem portion of the property and Urban Expansion for the remaining area. 4. County Zoning: Open (0). 5. Keahole 10 Kailua Development Plan: Limited Industrial. 6. Chapter 343, HRS: Compliance with Chapter 343. HRS. was required to reclassify the project site from the Conservation to the Urban district. On April 25, 2004, the State Land Use Commission accepted the Final Environmental Impact Statement. 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources. historic resources, public access to the shoreline. scenic and open space resources, coastal ecosystems. marine resources, economic uses, coastal hazards, managing development. public participation. and beach protection. 8. Special Management Area: The project site is located approximately 3.000 feet from the shoreline and is not located in the County's Special Management Area (SMA). The SMA is a part of the Coastal Zone Management Program regulated by the County. -2- DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 9. Subject Properties: The project site is located approximately halfway between the Kona International Airport at Keahole and Kailua-Kona. between the Kaloko Industrial park and the existing Honokohau industrial developments. The entire site consists of 336.984acres. There are existing quarry operations and related uses covering approximately 100 acres of the West Hawaii Business Park. The quarry and related uses were approved by Conservation District Use Permit HA -66/6/12-35, which allows for eventual expansion of quarry -related uses over 261.723 acres. including approximately 232 acres within the West Hawaii Business Park. According to the applicant, quarrying uses have been in existence in this area since 1967 and will continue for approximately 20 more years. Appropriate buffers will be provided between existing quarry uses and the proposed and existing industrial and commercial mixed uses. Excavated areas no longer yielding aggregate materials will be converted to industrial use. The mauka or easternmost portion of the site has been used for cattle grazing on an intermittent basis. The southern portion of the site is fallow and supports no other current land uses. 10. Surrounding Zoning and Land Uses: The adjacent properties to the north are zoned Limited Industrial ]-acre (ML -la) and Industrial -Commercial Mixed 1 -acre (MCX-1a), site of the Kaloko Industrial Park. Properties to the east (mauka) are zoned Agricultural 5 -acre (A -5a) and intermittently used for cattle grazing. and properties to the south are zoned Limited Industrial 3 -acre (ML -3a) and Limited Industrial 20.000 square foot (ML - 20), site of the Honokohau Business Park, Taylor/] semoto/K ona Trans Industrial Development and the Pau Hana residential development. The Kaloko-Honokohau National Historical Park is located directly across or makai of the Queen Kaahumanu Highway to the west. 11. U.S.D.A. Soil Type: A'a (rLV) and Pahoehoe (rLW). These lava flows typically have no soil covering and are bare of vegetation except for mosses. lichens. ferns and a few small ohia trees. 12. Land Study Bureau's Productivity Rating: "E" or "Very Poor". 13. Flora/Fauna: According to the applicant, as a result of its location in the lowlands and -3- its history of use for ranching. industrial purposes and roadways. the current flora and fauna of the site is composed almost entire of alien species. including quarry scrub vegetation and koa haole shrubland. Species in the area include'ohi'a. wiliwili. 'ohe. kolomona, alahe'e. naio. fountain grass, kiawe. jacaranda and Christmas berry. No rare. threatened or endangered species occur on the site. To the northeast of the site is an area of valuable native species and habitat on the Kaloko lava flow. which includes a rare variety of ko'oko'olau plants. Although this area is not within the area requested for rezoning, the applicant will preserve a protective buffer zone within the properr setback of lots created in the northeast comer of the project site. The Final Environmental Impact Statement (FEIS) dated April 2003 stated that the proposed development is not expected to have a significant negative impact on the botanical resources since the site is dominated by introduced or alien species. The FEIS states that an ornithological and mammalian survey of the area was conducted in December. 1999. The fauna in the area is dominated by alien species including the mongoose. Skeletons of feral goats. cattle and donkeys were discovered on the site. The endangered Hawaiian hoary bat has been recorded from the general area in past fauna] surveys and may occasionally forage above the site. None were detected during the survey conducted in December, 1999. Fifieen avian species. including the House Finch, Zebra Dove and Japanese White eve. were detected during station counts. No endangered or threatened avian species were detected. Small numbers of endangered endemic Hawaiian subspecies of Dark-Rumped Petrel may overfly the site between May and October. However. the distribution of the species has latcly been reduced to a limited number of breeding colonies high on Mauna Loa and possibly Hualalai. The site is not considered to be an essential habitat for any native terrestrial vertebrate species, and there is no federally designated critical habitat for birds in or near the site. The FEIS states that no direct adverse impacts to native or otherwise important fauna would occur, as the area is almost entirely composed of alien species. To minimize the potential for disorientation and subsequent injury or death of Dark-Rumped Petrels that fly over the site, it is recommended that all street lighting within the area be shielded -4- to eliminate upward -directed light. 14. Archaeological and Cultural Resources: An archaeological inventory survey of the site and the surrounding area was conducted by Cultural Surveys in April 1993 and March 1998. The survey was approved by the State Department of Land and Natural Resources Historic Preservation Division on August 28, 2001. The inventory of the site identified 73 sites. The primarily traditional Hawaiian sites consisted of drvland agricultural complexes, simple agricultural features, temporary, recurrent and permanent habitation sites, a refuge cave. human burials (7 sites), animal containment features. an ahupua'a wall and various boundary walls, two petroglyphs. trail segments. and ahu (shrines or markers). Sites associated with historic -era activities such as cattle ranching were also identified within the area. Of the 73 recorded sites. 50 are located in several concentrations between the Queen Kaahumanu Highway and 175 feet above sea level. The remaining 23 are located between the 225 -foot elevation and the mauka end of the site. Of the 73 sites. 8 are significant for preservation. 31 are significant for their information content and recommended for data recovery. and 34 are recommended for no further work, as sufficient information has already been obtained. and these sites are deemed no longer significant. The eight sites recommended for preservation contain examples of permanent habitation sites and lava tube complexes. burial sites, a refuge cave, petroglyphs, and partial preservation of two tradhiona"istoric trails. Portions of one mauka-makai trail and the Mamalahoa Trail are recommended for preservation. All of the burial sites are recommended for preservation. According to the applicant, based on historical research and oral interviews. there are few valued cultural, natural or historical resources in the project area. Those present include various archaeological sites and human burials important for preservation in place. The treatment of the seven known burials all associated with lava tubes. will be in accordance with procedures approved by the Hawaii Island Burial Council and the Department of Land and Natural Resources Historic Preservation Division. The site has not been used for traditional cultural practices in the recent memory of any of the interviewees consulted as part of the oral history research. Based upon the limited range -5- of resources and the proposed mitigation for impacts to all affected resources, the exercise of native Hawaiian rights related to gathering. access or other customary activities will not be affected. and there will be no adverse impacts on cultural practices. According to the applicant, mitigation will occur through preservation of each of the burials and the eight archaeological sites that were recommended for preservation, and data recovery for the 31 sites recommended for data recovery. A Preservation Plan. a Data Recovery Plan and a Burial Treatment Plan will be prepared in consultation with the State Historic Preservation Division, the Hawaii Island Burial Council, Kaloko- Honokohau National Historical Park, the Hawaii State Na Ala Hele Trails Advisory Group, as well as other organizations. 15. Air Quality: Air pollution emissions from commercial/industrial facilities that might locate at the proposed business park could potentially result in direct impacts on air quality. None of the permitted uses within the mixed-use commercial/light industrial area have the potential to emit significant amount of air pollution. Within the quant' area, permitted industries with potential to emit air pollution will likely be limited to primarily to concrete or asphalt batching and mixing plants or yards. Such facilities typically emit particulate matter, sulfur dioxide, carbon monoxide and nitrogen oxides. Without specific information, air quality impacts from potential industrial facilities to be located on the site cannot be quantitatively estimate. 16. Visual Impacts: The topography of the site is such that the scenic view of the summit and upper slopes of Hualalai from the coastal area of Honokohau extending mauka will not be obstructed by the proposed development. The development of the site will alter the existing open lava landscape. Thus, in order to minimize the visual impact from the National Park and the Queen Kaahumanu Highway. several mitigation measures including setbacks, landscaping, and design elements will be included in the project. A minimum 50 -Toot setback, including a buffer landscape area, will be provided along the Queen Kaahumanu Highway frontage in accordance with the requirements of the State Land Use Commission's Docket No. A00-730. Consultation with the National Park will be undertaken to develop landscaping themes and other visual design elements. 0 17. FIRM: Zone "Y'. an area outside of the 500 -year flood plain. 18. Coastal Hazards: The subject property is located approximately 3.000 feet from the shoreline, is not an oceanfront parcel, and will not affect. or be affected by shoreline processes. 19. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 20. Traffic: As part of the EIS process, the applicant undertook a Traffic Impact Analysis Report (TIAR) to identify project impacts to existing and future roadway systems. According to the applicant. the following improvements were identified in the TIAR as being required to support the initial phase of development: a. Westbound South Access Road would be provided with three lanes at its intersection with Queen Kaahumanu Highway. b. The right -turn deceleration and acceleration lanes on northbound Queen Kaahumanu Highway at the North Access Road would be lengthened. C. Kanalani Street would be extended from the northern boundary of the site to intersect with the North and South Access Roads. d. Kamanu Street would be extended from the northern boundary of the site to intersect with the North and South Access Roads. The TIAR concluded that the peak hour increase in vehicles generated by the initial phase of development of the proposed prgject is expected to impact traffic on existing roadways in the area. The identified traffic improvements are expected to mitigate the traffic resulting from this project. The applicant will comply with the recommendations of the TZAR. The State Department of Transportation announced that in August of 2004, work would commence on widening the Queen Kaahumanu Highway to a four -lane divided highway between Henry Street and the Kona International Airport. The first phase of the project will extend between Henry Street and Kealakehe Parkway and will take approximately 18 months to complete. According to the Department of Transportation, construction of the second phase from Kealakehe Parkway to the Kona International 7- Airport would continue as the first phase is completed. As pan of the design for these improvements. the applicant has agreed to relocate the main access for the Kaloko- Honokohau Business Park on Queen Kaahumanu Highway approximately 700 feet to the south (South Access Road) directly across from the existing access to the Kaloko- Honokohau National Historical Park. The Department of Transportation is responsible for improving this intersection with traffic signals and turning lanes as part of this agreement. The applicant recognizes that the construction of Kamanu Street across the property will provide the necessary interconnection between Hina Lani Street and Kealakehe Parkway. The proposed Kamanu Street extension will contribute to the improvement of the overall circulation pattern in the region. It \will also provide alternative routes to the expanding commercial/industrial activities in the Kaloko Industrial area anchored by Costco and Home Depot. In their memo dated July 7. 2004. the Department of Public Works has stated that: • the TZAR should be updated to determine traffic impacts from the proposed development and impose proper mitigating improvements. • the TIAR does not address the interior subdivision roads and intersections. The Department of Public Works is concerned about internal traffic circulation at the extension of Kanalani Street which may be as close as 400 feet from the Queen Kaahumanu Highway on the proposal to develop around a neve mauka-makai collector (South Access Road) from a proposed neve signalized intersection on Queen Kaahumanu Highway. if the Department of Transportation is already committed to a signalized intersection at Queen Kaahumanu High\A ay. the intersections at Kanalani Street and Kamanu Street must also be evaluated for signal warrant. The proposal combines access to the MCX-20 commercial area and the quam so quarry truck traffic will be sharing the South Access Road with passenger vehicles. The applicant should anticipate right-of-way width for multiple lanes. signalized intersections, and restricted access to abutting properties on the South Access Road collector. • the long term plans for Queen Kaahumanu Highway do not include this intersection -8- with the South Access Road: the internal roadway system should be designed for a future condition without the intersection. The applicant should be required to plan the development with no direct access to Queen Kaahumanu Highway and anticipate any necessary improvements and connections to the secondary arterials and collectors, Midlevel Road. Kealakehe Parkway. and Hina Lani Street. • prior to submittal of plans for subdivision review, the applicant shall prepare a Traffic Circulation and Roadway improvement Plan for roads and intersections within and in the general vicinity of the subject propem'. meeting with the approval of the Planning Director in consultation with the Department of Public Works and Department of Transportation. • all right-of-way widths, roadways and intersection design shall be provided within Phase I accounting for future regional growth identified in the TIAR to the year 2020. Kamanu Street extension should be 80 feet wide minimum in conformance with the K to K plan or provide data to support a lesser ,,width. Although the 80 -foot wide collector has neither been provided through the adiacent Kaloko and Honokohau Industrial Parks to the north and south rather as a narrower 60 -foot wide (two-lane) street, auxiliary tum lanes and traffic control devices shall be provided as warranted. • South Access Road. Kanalani Street and Kamanu Street extension will serve as collectors. Access should be controlled to the extent that locations of driveway approaches should be approved by the Department of Public Works. Direct access to individual lots should not be allowed from South Access Road between Queen Kaahumanu Highway and Kamanu Street unless physically restricted to right -in and right -out only by a median barrier. 21. Public Access: There is no record of a public access to the mountains or shoreline areas that traverses the site. PUBLIC UTILITIES AND SERVICES 22. Access: Access to the project site will be from three intersections off the Queen Kaahumanu Highway. These intersections include the existing road to the quarry and Ma related uses (North Access Road), a proposed new access road to be constructed opposite the access to the Kaloko-Honokohau National Historical Park entry (South Access Road), and the existing Honokohau Street which will provide access to the 9.9 -acre area along the southern boundary of the project site. Lateral access from adjacent commercial/industrial areas will be provided through the proposed extension of the existing Kamanu and Kanalani Streets between Hina Lani Street and the Kealakehe Parkway. 23. Water: According to the Department of Water Supply, 'Parcel 13 is allotted 50 water units and Parcel 30 is allotted 14 water units with this request. Each of these units is equal to a maximum daily use of 600 gallons a day for a total of 18. 400 gallons per day. In addition, Parcel has an existing 2 -inch .rater meter that the Department of Neater Supply will continue to support to supply the quam and related uses. Should the quam uses be terminated or an alternative water source developed. Nyater from the 2 -inch eater meter may be reallocated to other industrial or industrial commercial lots/uses. The number of reallocated equivalent units will be based on the actual average daily demand for the highest 12 consecutive month period within the last 5 \ ears prior to termination of the use of water from the 2 -inch meter for the quam• uses. Am credits for facilities charges from the existing 2 -inch meter will be determined at a later date." 24. Wastewater: There are currently no sewer lines serving the site. and most businesses in the adjacent Kaloko Industrial Park are on cesspool sewage systems. The Department of Health requires new developments to utilize either septic systems or a sev`age treatment plant. Until the sewer lines are extended to connect to the Kealakehe Wastewater Treatment Plant. a wastewater disposal will be in accordance with Chapter 62. Hawaii Administrative Rules, which requires use of individual v,astewater treatment systems in unsewered areas, including septic tanks or aerobic units \\ith disposal systems. Tenants will utilize individual wastewater systems with an enhanced treatment system. According to the applicant, a maximum of 40 lots can be improved and occupied before connection to the County's wastewater treatment plant. In preparation for the eventual connection to the Kealakehe sewage treatment plant, sewerlines will be constructed as pan of the -to- subdivision infrastructure. 25. Solid Waste: Solid waste will be disposed of at the County's Puuanahulu landfill. approximately 18 miles north of the site. 26. Essential Utilities and Services: Electricity and telephone services are available to the site. The Kealakehe Police Station is located about 1.5 miles south of the project site. and fire protection is provided by the Kailua-Kona Fire Station located approximately three miles south of the property, The Kona Hospital is located in Kealakekua. approximately ten miles from the site. 27. Schools: Kealakehe Elementary, Intermediate, and High School is located in Kealakehe. approximately two miles to the south of the site. 28. Recreational Facilities: The Kaloko-Honokohau National Historical Park is located immediately makai of the site. There are no public or private parks or other recreational areas in the area or any immediately surrounding properties. Honokohau Harbor. Kekaha Kai State park. the Old Kona Airport State Park and the County Park are located within ten miles of the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 29. Department of Public Works: Exhibit 2 - July 7, 2004 Memo 30. Department of Environmental Management: Exhibit 3 - June 10, 2004 Memo 31. Department of Water Supply: Exhibit 4 - June 28, 2004 Memo 32. Police Department: Exhibit 5 - June 18, 2004 Memo 33. Fire Department: Exhibit 6 - June 22, 2004 Memo 34. Office of Housing and Community Development: Exhibit 7 - March 5, 2004 Memo 35. Department of Land and Natural Resources Land Division: Exhibit 8 - March 24, 2004 Letter and comments from Land Planning and Development and Commission on Water Resource Management; June 29, 2004 Letter and comments from Engineering Division 36. Land Use Commission: Exhibit 9 - June 21, 2004 Letter 37. Department of Health: Exhibit 10 - July 6, 2004 Memo 38. Kona Traffic Safety Committee: Exhibit 11 - March 24, 2004 Letter AGENCIES - NO COMMENTS 39. Civil Defense Agency AGENCIES - NO RESPONSE 40. Department of Land and Natural Resources Historic Preservation Division, Department of Transportation, Natural Resources Conservation Service, HELCO PUBLIC COMMENTS 41. The Planning Department has not received any written comments or objections from the general public or adjacent landowners on the request. 12- 6-9 REVISED u o APPLICATION FOR CHANGE OF ZONE WEST HAWAII BUSINESS PARK Tax Map Key: (3) 7-4-008:013 (por.) & 030 Honokohau, North Kona District, Island, County & State of Hawaii Applicant: Lanihau Properties, LLC 3465 Waialae Avenue, Suite 260 Honolulu, HI 96816 Agent: William L. Moore Planning 159 Halai Street Hilo, HI 96720 May 2004 EXHIBIT lb West Hawai'i Business Park Application Jor Change o) Lone CONTENTS Application for Change of Zone: Change of Zone Application Departmental Questionnaire Project Summary Exhibit A: Final Environmental Impact Statement; Kaloko-Honokohau Business Park, Geometrician Associates (April 2003). Exhibit B: Findings of Fact, Conclusions of Law and Decision and Order For a State Boundary Amendment (L UC Docket No. A00-730). 11 0 West Hawai 'i Business Park Application for Change of Zone REVISED APPLICATION FOR CHANGE OF ZONE Change of Zone Application Form May 2004 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: APPLICANT'S SIGNATURE: ADDRESS: 3465 Waialae Avenue. Suite 260 Honolulu, HI 96816 NoN LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: James S. Greenwell. President, PHONE:(Bus.) (808) 732-2622 (Res.) N/A (Fax) (808) 732-2788 LANDOWNER(S): LANDOWNER SIGNATURE( LANDOWNER(S) ADDRESS: letter) DATE: Honolulu, HI 96816 REQUEST: Oen TO MCX-20 & MG -la (Existing zoning) (Proposed Zoning) TAX MAP KEY: STREET ADDRESS OF PROPERTY: Not applicable SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: approx. 282.364 acres AGENT: William L. Moore William L. Moore Planning ADDRESS: 159 Halai Street Hilo, HI 96720 TELEPHONE: (Bus.) (808) 93 5-031 ] (Res.) N/A (Fax) (808) 934-0162 rPlease indicate to whom original correspondence and copies should be sent. ORIGINAL: Lanihau Properties LLC COPIES: WLM Planning_ (See Instructions on Reverse Side) "vnS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING: A L A filing fee of five hundred dollars (S500) plus twenty-five dollars (S25) per lot or unit proposed by the amendment. (Checks shall be made payable to the County Director of Finance) An original and twenty (20) copies of this completed application and the appropriate Departmental Zoning Questionnaire. An original and twenty (20) copies of a Background and County Environmental Report to include information as listed on the attached form. Note: A County Environmental Report shall not be required for an application where an Environmental Impact Statement or Environmental Assessment has been completed and filed with the Office of Environmental Quality Control in compliance with HRS, Chapter 343, Environmental Impact Statements. 4. An original and twenty (20) copies of a location map. 5. An original and twenty (20) copies of a scale -drawn plot plan of the property showing property lines and measurements; all existing and proposed structures, uses and improvements; proposed subdivision; and reference points such as roadways, shoreline, etc. 6. One copy of a full-size (2' x Y) scale -drawn plot plan of Item 5 for presentation purposes. 7. A legal description of the property in map and written form by metes and bounds as certified by a surveyor shall be submitted with this application. This application shall not be considered complete unless the metes and bounds description in map and written form have been received. 8. A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. 9. A certificate of clearance from the Director of Finance that the real property taxes and all other fees relating to the subject parcel(s) have been paid; and there are no outstanding delinquencies. 10. One of the following regarding archaeological resources: 1. An archaeological inventory report containing significance assessments, effect determinations, and proposed mitigation commitments. The report should be completed pursuant to State Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD) rules. 2. A "no effect" letter from the State DLNR Historic Preservation Division. A copy of a letter written by the applicant to the State DLNR Historic Preservation Division requesting a "no effect" letter, including supporting documentation, to which SHPD has not responded after 30 days (SHPD's time limit under their rules). 11. Any other plans or additional information relevant to this application may be requested by the Planning Director to facilitate processing of this request. rWest Hawai'i Business Park Application for Change of Zone REVISED APPLICATION FOR CHANGE OF ZONE Departmental Zoning Questionnaire 0 b May 2004 k. ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? While the applicant intends to proceed with subdivision of the property, other development options have not been foreclosed. If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? YES Approximately 186.73 acres in MCX zoned area. A large lot subdivision will be undertaken within the MG zoned district to accommodate existing uses. b. Into what lot sizes? 1/ to 25+ acres C. If your request is approved, apprcximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Within 1 year If you intend to subdivide, please submit a preliminary schematic subdivisicn plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has fjrm plans? May 25, 2004 0 b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. other (Please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please also, include in your answer approximately how soon after approval of your rezcning do you expect to transfer the subject land to another party. 3. What specific building plans do vcu have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financina arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The West Hah ai'i Business Park is proposed to consist of lots ranging in size from '/2 to 5+ acres within the MCX area, and from 1 to 25 acres within the proposed MG zoned. The final lot count and development configuration Nvill depend on market conditions and demand at the time of subdivision approval. Most of the site would be mass graded with all necessary infrastructure provided, including roadways, water, sewer (dry line), drainage, electrical and communication lines. The development of the Project area, which is the subject of this change of zone request, is anticipated to start in late 2004, with completion anticipated in 20121--. However, the actual development schedule will depend on market conditions and may vary according to the economy, market demand and financing. The estimated cost stands at approximately $7.5000,000 for design and infrastructure improvements only. _ 4. Have you performed demonstrate a need and/or develcpment any study which would _ for your proposed buildinc E Yes May 25. 2004 If so, please elaborate on your findings in the space provided below. A market study was conducted as part of the EIS process. This study concluded that the Petition Area enjoys an appropriate and exceptionally competitive location between two existing industrial/business park with frontage location on the emerging Kailua-Kona to Keahole industrial/commercial corridor highway. It is a natural in -fill site that has already demonstrated the ability to support a quarry/heavy industrial operation, and it will complement existing and proposed industrial/business uses nearby at Honokohau, Kohanaiki and Kealakehe. By every market perspective, the project Area is a favorable location for the proposed use. The project would provide considerable benefit to consumers through widening competition, and no adverse market impacts are expected. _. have you performed env study which discusses environmental impacts your request would have on surrounding area and/or County? Yes If so, please elaborate on your findings in the space provided below. An Environmental Impact Statement, in conformance with the requirements of Chapter 343, HRS was prepared and approved by the State Land Use Commission. A copy of the Final EIS is attached to the Change of Zone application. c. Fre there any buildings on the subject area? Yes If so, what kind? There are existing structures related to the quarry and related uses permitted pursuant to Conservation District Use Permit No. HA -66/6/12-35. What do you intend to do with those bu_ t -ng if your request is approved? These buildings and uses are consistent with the proposed IVIG la zoning and are proposed to be retained for the foreseeable future. Depending on the final development configuration, some of the existing buildings may be removed and/or replaced at a later date. I the subiect land currently being used fcr' any agricultural activity? No _' sc, please list the kinds of products crown �. and on now manv scuare feet or acres df land per product. 3 May 25. 2004 S. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? Yes Is so, what kind? See discussion below Is the road adequate for the proposed volume or load? See discussion below 10. What sort of government assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x C. Sewer x d. Drainage x e. Police Protection x f. Fire Protection x g. Recreational Facilities x h. Public utilities x i. Other x For those checked "yes," please elaborate w:nLt type or kinds of improvements and/or assistance are needed. 10 1 4 May zs. 2004 Roads The State Department of Transportation (HDOT) announced that in August 2004 work would commence on widening Queen Ka'ahumanu Highway to a four -lane divided highway between Henry Street and Kona International Airport. The first phase of the project will extend between Henry Street and Kealakehe Parkway and will take approximately 18 months to complete. According to DOT comments, construction of the second phase from Kealakehe Parkway to Kona International Airport would continue as the first phase is completed. As part of the design for these improvements, Lanihau has agreed to relocate the main access for the Kaloko- Honokohau Business Park on Queen Ka'ahumanu Highway approximately 700 feet to the south, (the South Access Road) directly across from the existing access to the Kaloko-Honokohau National Historical Park. HDOT is responsible for full} improving this intersection with traffic signals and turning lanes as part of this agreement. In addition, the Petitioner conducted a Traffic Impact Assessment Analysis as part of its Environmental Impact Statement. The applicant will comply with the recommendations of the TZAR. Since the initial filing of the chance of zone application in February of this year, there has been a growing concern about the ability of Queen Kaahumanu Highway to handle the increased traffic from developments along this corridor as well as the �► timing of construction of the second phase of the proposed improvements which will widen the Highway to four -lanes from Kealakehe Parkway to Keahole Airport. One of the kev factors in potential impacts on the Oueen Kaahumanu Highwav corridor is the lack of alternative north/south routes connecting Hina Lani Street and Kealakehe Parkway. This lack of interconnections requires all of the traffic to and from the Kealakehe Hieh School and the Department of Hawaiian Home Lands residential project to travel on Queen Kaahumanu High -way for at least a portion of every trio adding to the overall highwaveongestion. In order to help mitigate this problem the applicant recognizes that the construction of Kamanu Street across the subiect property will provide this necessary interconnection between Hina Lani Street and Kealakehe Parkway. Accordinal it has revised the requested area to be rezoned to allow for the construction of Kamanu Street extension in conjunction with the initial phase of development of the West Hawaii Business Park. The construction of Kamanu Street will contribute to the improvement of the overall circulation pattern in this region. it will also provide alternative routes to the expanding commercial/industrial activities within the Kaloko Industrial Area anchored by Costco and Home Depot. Sewer F 61 There are currently no sewer lines serving the Project Area.. The State Department of Health requires new development to utilize either septic systems of a sewage treatment plant. As a condition of its State Land Use Boundary Amendment, 5 May 25, 2004 0 r Lanihau can develop up to 40 commercial/industrial lots before it must connect to the County's Kealakehe Wastewater Treatment Plant. The Hawaii County of Hawaii has requested that the Department of Environmental Management initiate a study for the extension of the Kealakehe Waste Water Treatment Plan (A AITP) to provide service to the Kaloko-Honokohau National Historic Site and the adjacent industrial developments, including the Project Area. In preparation for eventual connection to the Kealakehe STP, Lanihau will build sewer lines within its subdivision infrastructure and is committed to working with the County to extend the sewer system to the Petition area, including participating on a fair and equitable basis in an improvement district. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also submit a copy of the study together with this change of zone supplement. An Archaeological Inventory Survey was conducted for the Project Area. This study was approved by the State Historic Preservation Division of the Department of Land and Natural Resources. Archaeologists identified 73 sites within the Petition Area The proposed project has been planned in close coordination with archaeological and cultural inventory to ensure that all known burials and all sites important for preservation or data recovery would be preserved in place. In order to ensure proper treatment, a Preservation Plan, a Data Recovery Plan, and a Burial Treatment Plan are being prepared in consultation with the State Historic Preservation Division, the Hawaii Island Burial Council, Kaloko-Honokohau National Historical Park, the Hawaii State Na Ala Hele Trials Advisory Group, and other organizations. Signature: t/ l Address: 3465 W'aialae Ave.. Suite 260 Honolulu, HI 96816 Telephone: (808)732-2622 Date: May 25, 20D4 L West Hawai'i Business Park Application for Change of Zone REVISED APPLICATION FOR CHANGE OF ZONE Project Summary May 2004 0 C West Hawai'i Business Park Application for Change of Zone Project Summary 1. Introduction The Applicant, Lanihau Properties, LLC, requests a change of zone for 196.631 acres from the Open ("0") zoning District to the Mixed Use Industrial/Commercial Area -20,000 square foot ("MCX-20") zoning District and 85.733 acres to the General Industrial -1 acre zoning District ("MG -1 a") to allow the development of a portion of the proposed West Hawaii Business Park ("WHBP") and related uses. WHBP would allow for mixed industrial and commercial uses similar to those found in the neighboring Kaloko Industrial Park, as well as the existing Honokohau industrial developments and the Kailua Industrial Area. The proposed development is an in -fill between the abovementioned industrianusiness parks. A Petition for State Land Use District Boundary Amendment from the Conservation District to the Urban district was approved by the State Land Use Commission ("LUC") on September 18, 2003 for 336.984 -acres. A Final Environmental Impact Statement, Kaloko-Honokohau Business Park (April 2003) was prepared in conjunction with the Petition for State Land Use District Boundary Amendment and is included as Exhibit A. A copy of the Findings of Fact, Conclusions of law and Decision and Order of Docket No. A00-730 is attached as Exhibit B. There are existing quarrying operations and related uses covering approximately 100 acres of the WHBP. The quarry and related uses were approved by Conservation District Use Permit ("CDUP") HA -66/6/12-35, which allows for eventual expansion of quarry -related activities over 261.723 acres, including approximately 232 acres within the WHBP. Quarrying uses have been ongoing in this area since 1967, including surface quarrying over much of the a'a flows along the northern half of the WHBP. The easternmost (mauka) portions of the area have been used for cattle grazing on an intermittent basis. The southern portion of the WHBP is fallow and supports no other current land uses. In conjunction with the State Land Use District Boundary Amendment process, supplemental scientific and technical studies were conducted to address issues raised with regard to groundwater, native culture and traditional and customary practices, and traffic. The findings and conclusions are provided in the Final EIS and summarized here. This project summary is intended to provide an overview of the proposed project, change of zone request, findings of the scientific and technical studies conducted. and conformance to State and County plans, policies and controls. More detailed information on the proposed project and TMK: (3) 7-4-008:013 & 030 Page No.l CWest Hawai'i Business Park Application for Change of Zone anticipated project impacts and associated mitigation measures are included in the Final Environmental Impact Statement ("FEIS") (Exhibit A) and the LUC's Findings of Fact, Conclusions of Law and Decision and Order of Docket No. A00-730 (Exhibit B). 2. Project Location The WHBP is strategically located along the Queen Ka'ahumanu Highway halfway between the Kona International Airport at Keahole and Kailua-Kona. It is an in -fill property between the Kaloko Industrial Park and the existing Honokohau industrial developments. A location Map is attached as Figure 1. The site consists of 336.984 acres and is more specifically identified as TMK: (3) 7-4-008:013 and 030. The site is located approximately 3,000 feet from the coastline and is not situated in the Special Management Area. The site lies at elevations that range from 40 feet above mean sea level near the highway, to about 320 feet above mean sea level at the mauka boundary. Currently, access to the site is via an existing quarry road, dubbed North Access Road to distinguish it from a future South Access Road. 3. Description of Proposed Development The proposed WHBP is strategically located along Queen Ka'ahumanu Highway halfway between the Kona International Airport at Keahole and Kailua-Kona. It is an in -fill property between the Kaloko Industrial Park and the existing Honokohau industrial developments. The type of land use that will be enabled by the reclassification would continue an existing use, complement and enhance adjacent activities, and interconnect the developing infrastructure grid in the area. The proposed reclassification is a logical use of a prime highway frontage site within an emerging urban corridor The WHBP enjoys an appropriate and exceptionally competitive location between two existing industrial/business parks. It is centrally sited within the emerging Kailua-Kona to Keahole industrial/commercial corridor, an area that has demonstrated strong appeal among regional businesses. The property enjoys direct access to and extensive frontage along West Hawai'i's main thoroughfare, Queen Ka'ahumanu Highway. It is a natural in -fill site that has already demonstrated the ability to support a quarry/heavy industrial operation. The initial development phase (hereinafter referred to as the "Project Site"), which is the subject of this change of zone request, includes approximately 282.364 acres, of which 85.733 are proposed to be rezoned from Open to MG -la and 195.631 acres from Open to MCX-20. The request generally conforms to the Phase I development area described in the FEIS. The Project Site map showing the initial development phase is attached as Figure No. 2. TMK:(3) 7-4-008:013 & 030 Page No.2 t West Hawai'i Business Park Application for Change of Zone Witbm the proposed MCX zoned area, the typical uses are described in Table 1. The proposed Mixed Use Industrial/Commercial Area ("MCX") will contain uses similar to those in Kaloko Industrial Park and the Kailua Industrial Area, plus additional commercial uses consistent with the County's revised list of MCX zoning uses. Table 1 Examples of Permitted Uses within the Proposed (MCX) Zoned District sales and rentals service stations Business services Data processing facilities Financial institutions Food manufacturing and processing Home improvement centers Manufacturing, processing and packaging establishments, light Medical clinics Meeting facilities Offices Source: Code Repair establishments, minor Restaurants Retail establishments Sales and service of machinery used in agricultural production Schools, business Self -storage facilities Utility substations Veterinary establishments in sound -attenuated buildings Warehousing Wholesaline and distribution According to the Hawaii County Zoning Code, the intent of the industrial -commercial mixed use zoned district is to accommodate diversified business and employment opportunities by permitting a broad range of uses, without exposing non -industrial uses to unsafe or unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. Quarry operations and related uses such as concrete pre -casting and concrete batching operations, which are within the proposed MG zoned area, would continue for approximately 20 more years. These and other compatible industrial uses are proposed to be expanded as quarry material is depleted. Appropriate buffers will be provided between existing quarry uses (and related activities) and the proposed and existing industrial and commercial mixed uses. Excavated areas no longer yielding aggregate materials will be converted to industrial use. The initial phase of the West Hawaii Business Park is proposed to consist of lots ranging in size from % to 5+ acres within the MCX area, and from 1 to 25 acres within the proposed MG zoned. The final lot count and development configuration will depend on market conditions and demand at the time of subdivision approval. Most of the site would be mass graded with all necessary infrastructure provided, including roadways, water, sewer (dry line), drainage, electrical and TMK: (3) 7-4-008:013 & 030 Page No.3 I West Hawaii Business Park Application for Change of Zone communication lines. The development of the Project Site, which is the subject of this change of zone request, is anticipated to start in late 2004, with completion anticipated in 2012±. However, the actual development schedule will depend on market conditions and may vary according to the economy, market demand and financing. The estimated cost stands at approximately $7.500.000 for design and infrastructure improvements only. Rezoning and development of future phases will be undertaken as market conditions warrant. 4. Scientific and Technical Studies The following is a summary of the findings of the scientific and technical studies conducted for the FEIS and the supplemental studies conducted in conjunction with the Petition for State Land Use Boundary Amendment. 4.1 Water Resources Water quality is the leading issue cited by most people consulted on the project. The Project Site itself lacks surface water, but there is concern that project -related alterations to the flow and nutrient load of the groundwater, as well as contamination with toxic substances, could potentially affect the anchialine ponds and nearshore waters of nearby Kaloko-Honokohau National Historical Park and environs. These coastal waters have value for maintaining a healthy aquatic biota, for historic preservation, for use and appreciation by visitors, and for the ongoing practice of Hawaiian culture. Appropriate mitigation measures were identified to address these concerns were identified in consultation with State and County Agencies and the National Park Service. The mitigation measures were then incorporated as conditions of approval in the LUC's Findings of Fact, Conclusions of Law and Decision and Order, dated September 18, 2003, which is contained in Exhibit B. These mitigation measures included: o Requirement to use Individual Wastewater Systems ("IWS") with enhanced treatment. o Limitation of TW S to a maximum of 40 lots before connection to the County sewer system is mandated; o Development of Conditions, Covenants, and Restrictions ("CC&Rs") for the WHBP to contain spills and prevent materials associated with light industrial uses attributable to the operations of property, including petroleum products, TMK: (3) 7-4-008:013 & 030 Page No.4 West Hawai'i Business Park Application for Change of Zone chemicals, or other pollutants from leaching or draining into the ground or subsurface storm drain collection areas, to the extent practicable. o Development of a Pollution Prevention Plan in consultation with the National Park Service to address permissible uses in the WHBP, by specifically designating Best Management Practices (`BMPs") tailored to each specific use. 4.2 Wastewater There are currently no sewer lines serving the Project Site, and most businesses in the adjacent Kaloko Industrial Park are on cesspool sewage systems. The State Department of Health ("DOH") requires new developments to utilize either septic systems or a sewage treatment plant ("STP"). The nearby Kealakehe Wastewater Treatment Plant currently has 5.3 million gallons per day ("MGD") of treatment capacity and is operating at approximately 20 percent of this capacity. The Hawaii County Department of Public Works has initiated planning for the extension of the sewer collection system north to provide service to the Kaloko-Honokohau National Historical Park and developments to the north, including the Project Site and the Kaloko Industrial Park, although there is no fine implementation plan or schedule. Until the sewer lines are extended to connect to the Kealakehe WWTP, wastewater disposal will ' be in accordance with Chapter 62, Hawaii Administrative Rules ("HAR"), which requires use of individual wastewater treatment systems (IWS) in unsewered areas, including septic tanks or aerobic units with disposal systems. To minimize potential impacts, Lanihau has committed to require tenants to utilize an Individual Wastewater System ("IWS") with an enhanced treatment system, where the IWS and absorption field are designed to remove no less than 92 percent of the Total Nitrogen as well as offering additional phosphorus removal. A maximum of 40 lots can be built on and occupied before connection to the County's WWTP. In preparation for eventual connection to the Kealakehe STP, Lanihau will build sewer lines as part of the subdivision infrastructure and is committed to working with the County to extend the sewer system to the WHBP, including participating on a fair and equitable basis in an improvement district. 4.3 Solid Waste Solid waste is disposed of at the County of Hawai'i's Pu'u Anahulu landfill, about 18 miles north of the Project Site. In 1993, the initial 30 -acre increment of the 300 -acre landfill was opened with a projected capacity of six to 11 years. Additional 30 -acre increments are expected to be required every five years thereafter. The former Kailua (Kealakehe) Landfill is presently used as a transfer station where refuse collected from residential areas is compacted for transport TMK: (3) 7-4-008:013 & 030 Page No.S West Hawai'i Business Park Application for Change of Zone to the Pu'u Anahulu landfill. In addition, there is a green waste facility within the study area that currently accepts vegetation matter generated in the West Hawaii region. It is anticipated that this green waste operation will continue during the foreseeable future. No substantial impact to the municipal solid waste collection and disposal system are anticipated during construction and operation of the proposed development. It is anticipated that refuse from the WHBP would be collected by private services that would transport the waste to the landfill and green waste sites. The landfill at Pu'u Anahulu is expected to have the capacity to handle municipal solid waste from West Hawaii for the foreseeable future. Waste management strategies are evolving rapidly, and it is expected that less land -intensive, locally based solutions will emerge within the next two decades to help solve the solid waste problem in Hawaii. 4.4 Flora and Fauna As a result of its location in the lowlands and its history of use for ranching, industrial purposes, and roadways, the current flora and fauna of the Project Site is composed almost entirely of alien species. No rare, threatened or endangered species occur on the site. To the northeast of the Project Site is an area of valuable native species and habitat on the Kaloko lava flow, which includes a rare variety of ko'oko'olau plants. In order to protect the valuable native plants in this area, the developer will preserve a protective buffer zone within the property setback of lots created in the northeast corner of the Project Site. 4.5 Archaeological and Historic Resources Archaeologists identified 73 sites within the Project Site, including traditional Hawaiian sites consisting of dryland agricultural complexes, simple agricultural features, temporary, recurrent and permanent habitation sites, a refuge cave, seven human burials, animal containment features, an ahupua'a wall and various boundary walls, two petroglyphs, a network of trails, and ahu (shrines or markers). Historic -era cattle ranching sites were also found. The proposed project has been planned in close coordination with archaeological and cultural inventory to ensure that all known burials and all sites important for preservation or data recovery would be preserved in place. Mitigation will occur through preservation of each of the burials and the eight archaeological sites that were recommended for in-place preservation, and data recovery for the 31 sites that were recommended for Data Recovery (34 sites were recommended for no further work). In order to ensure proper treatment, a Preservation Plan, a Data Recovery Plan, and a Burial Treatment Plan will be prepared in consultation with the State Historic Preservation Division, the Hawaii Island Burial Council, Kaloko-Honokohau National Historical Park, the Hawaii State Na Ala Hele Trials Advisory Group, and other organizations. TMK: (3) 7-4-008:013 & 030 Page No.6 1 J I West Hawai'i Business Park Application for Change of Zone 4.6 Cultural Impacts Historical research, oral interviews, and review of natural and historical resources determined that few valued cultural, natural or historical resources exist within the WHBP itself. The proposed Project Site has not been used for traditional cultural purposes in the recent memory of any of the extensive list of interviewees consulted as part of the oral history research. The only important resources appear to be certain archaeological sites and human burials important for preservation in place. With proper mitigation through preservation, as well as access to and interpretation of certain archaeological sites, there will be minimal adverse effect to cultural values. It is reasonable to conclude that based upon the limited range of resources and the proposed mitigation for impacts to all affected resources, the exercise of native Hawaiian rights related to gathering, access or other customary activities will not be affected, and there will be no adverse effect upon cultural practices or beliefs. In addition to resources within the WHBP itself, Native Hawaiians consulted for the project cited water quality and the traditional visual character of the ahupua'a as valued cultural, natural or historical resources that had the potential to be indirectly impacted. They were particularly concerned about the cumulative effect of the sum of projects in existence or proposed for development in the ahupua'a of Kaloko and Honokohau and adjacent areas. 4.7 Visual Character Coastal areas of Honokohau and the National Park have expansive views of the forested slopes and summit of Hualalai. The topography of the area is such that the scenic views of the summit and upper slopes of Hualalai from the coastline of Honokohau will not be obstructed in any way by the proposed development. A "built" landscape of existing utility poles and lines and graded and paved areas surrounding Queen Ka'ahumanu Highway intrudes into views from the mauka end of the National Park and the highway. Nevertheless, in order to minimize the potential for a disharmonious visual element for viewers from the National Park and motorists on Queen Ka'ahumanu Highway, several mitigative approaches have been employed. These include setbacks, landscaping, and design elements for the project. A minimum 50 foot lot -line setback, incliudng a buffer landscape area will be provided along the Queen Kaahumanu Highway frontage in accordance with the LUC requirements. Consultation with the National Park will undertaken to develop landscaping themes and other visual design elements that render a harmonious connection between the two properties. 4.8 Roads and Traffic Access to the WHBP will be from three intersections off the Queen Ka'ahumanu Highway. TMK: (3) 7-4-008:013 & 030 Page No.7 West Hawaii Business Park Application for Change of Zone These intersections include the existing road to the quarry and related uses (North Access Road), a proposed new access road to be built opposite the access to the Kaloko-Honokohau National Historical Park ("KAHO") entry (South Access Road), and the existing Honokohau Street which will provide access to the 9.9 acre area along the southern boundary of the WHBP. Lateral access from adjacent commercial/industrial areas would be provided through the proposed extension of the existing Kamanu and Kanalani Streets between Hina Lani Street and the Kealakehe Parkway (See Figure B). The State Department of Transportation ("HDOT") announced that in August 2004 work would commence on widening Queen Ka'ahumanu Highway to a four -lane divided highway between Henry Street and Kona International Airport. The first phase of the project will extend between Henry Street and Kealakehe Parkway and will take approximately 18 months to complete. According to DOT comments, construction of the second phase from Kealakehe Parkway to Kona International Airport would continue from south to north as the first phase is completed. As part of the design for these improvements, Lanihau has agreed to relocate the main access for the Kaloko-Honokohau Business Park on Queen Ka'ahumanu Highway approximately 700 feet to the south, (the South Access Road) directly across from the existing access to the Kaloko- Honokohau National Historical Park. HDOT is responsible for fully improving this intersection with traffic signals and turning lanes as part of this agreement. As part of the EIS process, Lanihau undertook a Traffic Impact Analysis Report ("TIAR") to identify project impacts of the project to existing and future roadway systems. The methodology and findings of the TIAR are provided in Section 4.3.5 of the FEIS. The TIAR estimated traffic impacts for two time periods, 2010 and 2020. The first set of estimates was based on the initial phase of development of the WHBP and is applicable to the subject change of zone application petition. The 2020 estimates provide an assessment of the traffic impact at full build out of the project and include traffic estimates from the future development phases which will be the subjects of further change of zone applications. With respect the Project Site, the traffic analysis considered the combined traffic from the general "background" increase between now and 2010, traffic generated from the proposed project and the Kaloko Industrial Park Phases III and IV, and traffic generated from other developments operating on the expected road network for various key intersections (Table 2). TMK: (3) 7-4-008:013 & 030 ragc 1NV.0 West Hawai'i Business Park Application for Change of Zone Table 2 Traffic Conditions at Year 2010, With and Without Project Intersection Without Project AM PM AM With Project PM ueen Ka'ahumanu Highway at Hina Lam St. B C B C North Access C D B B South Access (KHNHP Access) B A B C Kealakehe Parkway N/A M/A N/A NUA Hina Lani Street at Kanalani St. _C _F _E D_ Kamanu St. _F F_ _F F_ Mamalahoa Hw F F_ C D Kealakehe Parkway at Kamanu St. N/A N/A NiA N/A Source: TIAR for the proposed Kaloko-Honokohau Business Park (WHBP). Note: A - Intersection LOS (Signalized Condition) A - Critical Movement LOS (Unsignalized Condition) N/a - Not applicable (not included in the analysis) The following improvements have been identified in the TZAR as being required to support the initial phase of development: I. Westbound South Access Road would be provided with three lanes at its intersection with Queen Ka'ahumanu Highway. 2. The right -turn deceleration and acceleration lanes on northbound Queen Ka'ahumanu Highway at the North Access Road would be lengthened. 3. Kanalani Street would be extended from the northern boundary of the Project Site to intersect with the North and South Access Roads. 4. Kamanu Street would be extended from the northern boundary of the Project Site to intersect with the North and South Access Roads. These improvements are consistent with the County's draft regional roadway network and will enhance the overall regional circulation patterns. The TIAR concluded that the peak hour increase in vehicles generated by the initial phase of development of the proposed WHBP is expected to impact traffic on existing roadways in the area. The identified traffic improvements, TMK: (3) 74-008:013 & 030 Page No.9 West Hawai 'i Business Park Application for Change of Zone in addition to those associated with other projects, are expected to mitigate the traffic impacts resulting from this project. Since the initial filing of the change of zone application in February of this year, there has been a growing concern about the ability of Queen Kaahumanu Highwav to handle the increased traffic from developments along this corridor as well as the timing of construction of the proposed second phase of the improvements which will widen the Highwav to four -lanes from Kealakehe Parkway to Keahole Airport. One of the kev factors in potential impacts on the Queen Kaahumanu Highway corridor is the lack of alternative north/south routes connecting Hina Lani Street and Kealakehe Parkway. This lack of interconnections requires all of the traffic to and from Kealakehe High School and the Department of Hawaiian Home Lands residential project to travel on Oueen Kaahumanu Highwav for at least a portion of every trip. adding to the overall highway congestion. In order to help mitigate this problem the applicant recognizes that the construction of Kamanu Street across the subject property will provide this necessary interconnection between Hina Lani Street and Kealakehe Parkway. Accordingly. it has revised the requested area to be rezoned to allow for the construction of Kamanu Street extension in coniunction with the initial phase of development of the West Hawaii Business Park. The ► construction of Kamanu Street extension will contribute to the improvement of the overall circulation pattern in the region It will also provide alternative routes to the expanding commercial/industrial activities in the Kaloko Industrial area anchored by Costco and Home Depot. 5. Conformance to State and County of Hawaii Plans, Policies and Controls The proposed Project will generally conform with the various State and County of Hawai'i land use plans, policies and regulatory controls, including, but not limited to, the Hawaii Coastal Zone Management Program, County of Hawaii General Plan, Keahole to Kailua Development Plan and Hawaii County Zoning Code (see FEIS, Chapter 5). 5.1 State Land Use District The Project Site is designated within the State Land Use Urban District. A Petition for State Land Use Boundary Amendment from the Conservation District to the Urban District was recently approved by the State Land Use Commission on September 18, 2003 for 336.984 acres (Docket No. A00-730). A copy of the Findings of Fact, Conclusions of Law and Decision and Order of Docket No. A00-730, is attached as Exhibit B. TMK: (3) 7-4-008:013 & 030 Page No.10 West Hawai'i Business Park Application for Change of Zone 5.2 Hawaii Coastal Zone Management Program The purpose of Chapter 205A, HRS, is to preserve, protect, develop and where possible enhance the resources of the coastal zone, which is defined to include the entire State. The objectives of the Hawaii Coastal Zone Management Program ("CZM") are the following: Recreational Resources: Provide coastal recreational opportunities accessible to the public; Historic Resources: Protect, preserve, and where desirable, restore those natural and man- made historic and prehistoric resources in the CZM that are significant in Hawaiian and American history and culture; Scenic and Open Space Resources: Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources; Coastal Ecosystems: Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems; ' Economic Uses: Provide public or private facilities and improvements important to the State's economy in suitable locations; Coastal Hazards: Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence; and Managing Development: Improve the development review process, communication, and public participation in the management of coastal resources and hazards. Discussion: The proposed reclassification has implications for a number of CZM objectives. Historic resources of significance would be protected and preserved under a plan approved by the Hawaii State Historic Preservation Division. Although coastal open space is not in any way impacted by the project, any development in the area has the potential to impact views of and from the coastline. The proposed project includes design elements that ensure minimal interference with such views. Coastal ecosystems in the area are dependent upon the preservation of water quality in groundwater, anchialine ponds, and marine waters. Hydrological modeling indicates that water quality alterations would not TMK: (3) 7-4-008:013 & 030 Page No. 11 r� West Hawai'i Business Park Application for Change of Zone adversely impact the biota if mitigation measures are implemented and properly enforced. Coastal economic uses and coastal hazards would not be affected. Managing development is accomplished through the review procedures that accompany a Petition to Amend a Land Use District Boundary, including this EIS. Given the substantial commitment to mitigation measures, the proposed reclassification would not substantially impact these coastal zone resources and appears to be consistent with the objectives of the program. 5.3 County of Hawaii General Plan The General Plan for the County of Hawaii is a policy document expressing the broad goals and policies for the long-range development of the Island of Hawaii. The plan was adopted by ordinance in 1989. The County of Hawaii is currently undertaking a mandatory review of the General Plan. A draft of the County ofHawai'i General Plan Revision Program was released in January 2001, and the plan is in review. Any proposed revisions to the General Plan must be adopted by Ordinance, which would require public hearings and action by the Hawaii County Planning Commission and the Hawaii County Council. The currently adopted General Plan is organized into thirteen elements, with policies, objectives, C standards, and principles for each. There are also discussions of the specific applicability of each element to the nine judicial districts comprising the County of Hawai i. Section 4 of the General Plan includes a discussion of general goals. In Section 5 courses of action for individual districts are proposed. The elements of the General Plan most applicable to the project are the following: Economic Element Goals o The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies o The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Environmental Quality Element TMK: (3) 7-4-008:013 & 030 Page No.12 I L • West Hawai'i Business Park Application for Change of Zone Goals o Maintain and, if feasible, improve the existing environmental quality of the island. Flood Control and Drainage Element Goals o Protect human life. o Prevent damage to man-made improvements. o Control pollution. o Reduce surface water and sediment runoff. Policies o All development -generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. Historic Sites Element Goals o Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. Policies o The County of Hawaii shall require both public and private developers of land to provide a historical survey prior to the clearing or development of land when there are indications that the land under consideration has historical significance. Natural Beauty Element Goals Protect scenic vistas and view planes from becoming obstructed. Policies o The County shall consider structural setback from major thoroughfares and highways and shall establish development and design guidelines to protect important viewplanes. Public Utilities Element TMK: (3) 7-4-008:013 & 030 Page No. 13 West Hawaii Business Park Application for Change of Zone Goals o Ensure that adequate, efficient and dependable public utility services will be available to users. Policies o The County shall seek State and Federal funds to assist in financing the construction of proposed sewer systems. Transportation Element Goals Provide a transportation system whereby people and goods can move efficiently, safely, comfortably and economically. Land Use Element (Industrial Uses) Goals o Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. Policies o The County shall support the creation of industrial parks in appropriate locations as an alternative to strip development. Through its zoning powers, the County shall locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. The County shall attempt to improve the aesthetic quality of industrial sites and protect amenities of adjacent areas by requiring landscaping, open spaces, buffer zones, and design guidelines. Discussion: The proposed reclassification is highly consistent with the goals, objectives and policies of the Hawai'i County General Plan. As an in -fill Project, the development of the Project Site is essential to completing a regional infrastructure grid of roads and utilities designed to accommodate the future needs of the major Kaloko-Honokohau industrial complex TNM: (3) 7-4-008:013 & C Page No. 14 . West Hawai'f Business Park Application for Change of Zone envisioned by the Keahole to Kailua Development Plan and the Hawaii County General Plan. In addition, the Project Site is well served by existing infrastructure and is strategically located along a major thoroughfare. The proposed industrial and commercial activities would support the stability of existing economic sectors such as tourism and also provide a good location and setting for support businesses for burgeoning sectors such as telecommunications and ocean -related technology. The improved economic opportunities would be compatible with the County's natural and social environment and would help diversify the County's economy by strengthening existing industries and attracting new endeavors. In terms of the goals, objectives and policies related to protecting the environment, pollution prevention, and scenic and historic resources, it should be emphasized that the limited supply of suitable land in Hawaii results in virtually all new development being constrained to occur in environmentally sensitive areas. In Kona, native biota, historic sites, valuable viewplanes, and sensitive coastal waters are unavoidable. Water quality effects can be limited to levels that do not cause adverse impacts through implementation of Best Management Practices and eventual connection to the Kealakehe Wastewater Treatment Plan or other facilities that provide advanced wastewater treatment. Given this, direct and indirect effects to biological resources would be negligible. Historic resources would be protected through following the recommendation of the archaeological inventory survey, and ensuring that known burials, and all historic sites that have been determined to be significant for preservation, would be preserved. Given this context, the proposed reclassification is consistent with the Hawaii County General Plan's goals of preserving and protecting these resources. The area is mauka of Queen Ka'ahumanu Highway, with the Kaloko-Honokobau National Historical Park providing an open -space buffer between the highway and the sea. The area is between two other commercial -industrial areas, and does not represent an intrusion of developed area into a pristine landscape, because the area has a long history of quarrying and related industrial activity. It takes advantage of existing and proposed road, water and sewage facilities. Proposed design and landscaping would provide an attractive roadway frontage with a landscaped buffer that mitigates the "industrial" look and does not conflict with views from the National Park to the scenic summit and upper slopes of Hualalai. The proposed reclassification is consistent with the regional plans for the area, which call for development of this area in mixed industrial and commercial uses. TMK: (3) 7-4-008:013 & 030 Page No. 15 West Hawaii Business Park Application for Change of Zone 5.4 Keahole to Kallua Development Plan The Keahole to Kailua Development Plan, adopted by the County Council by Resolution No. 296-91, is intended to carry out the General Plan goals and policies related to the development of the portion of North Kona between Keahole Point and Kailua-Kona between Mamalahoa Highway and the shoreline. The stated goals of the Land Use Plan are to: Provide a framework for the future growth and development of the Keahole-to- Kailua area; Provide a framework for infrastructure plans and cost estimates for the rational and cost-effective development of the area; Provide a basis for coordinated public-private implementation of major infrastructure projects; and Provide a framework for State and County action on designating lands for urban development. The Land Use Plan (see FEIS, Figure 2-3) designates the Project Site for Limited Industrial uses. The Plan further describes these areas as follows: "There are two existing light industrial parks within the project area: the older leasehold industrial park adjacent to Kailua Village and the fee simple industrial park at Kaloko, just mauka of Queen Ka'ahumanu Highway. The Land Use Plan does not recommend the expansion of the leasehold industrial park. Instead, the Plan shows the expansion of the Kaloko industrial park at Kaloko and Honokohau mauka" (emphasis added). The proposed uses within the WHBP are consistent with the Land Use Plan of the Keahole to Kailua Development Plan (see FEIS, Fig. 2-3). This plan specifically calls for the expansion of the industrial uses in the general area to include the Honokohau Lands. 5.5 West Hawaii Regional Plan This plan (Hawai'i OSP 1989) represents an attempt to coordinate planning efforts among State agencies that have programs, facilities and other interests in the region. The basic purposes are to respond more effectively to emerging needs and critical problems, to coordinate capital improvements within a regional planning framework, and to provide guidance in State land use decision-making processes. The plan recognizes the need to develop industrial and commercial facilities in this portion of Kona. It also seeks to steer urban development away from areas in TMK: (3) 7-4-008:013 & 030 C Page No. 16 West Hawai'i Business Park Application for Change of Zone which critical natural resources such as native forest, valuable agricultural lands, and sensitive coastal waters would be adversely impacted. The proposed project is highly consistent with the West Hawaii Regional Plan. 5.6 County of Hawaii Zoning The Project Site is currently zoned Open District. A zone change is being requested of the County of Hawaii to amend the zoning designation of the Project Site from Open District to a mix of MCX and MG zoning. The purpose of the MCX, Industrial -Commercial Mixed District is as follows: "to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses." The height limit in the MCX Industrial -Commercial District is 45 feet. The MG, General Industrial District applies to areas for uses that are generally considered to be offensive or have some element of danger. The Applicant has elected to prohibit the following uses in the WHBP to further mitigate possible industrial contamination: 1. Heliports 2. Bulk storage of flammable and/or explosive materials (tank farms) 3. Landfills for dumping or disposal of refuse or waste matter (except for green waste/composting facilities) 4. Fertilizer manufacturing plants 5. Junkyards 6. Public dumps 7. Saw mills 8. Refining of petroleum products 9. Slaughterhouses 10. Commercial pesticide and/or extermination facilities 11. Power plants The height limit in the MG, General Industrial District is 50 feet. TMK: (3) 7-4-008:013 & 030 Page No. 17 r- l West Hawaii Business Park 5.7 County of Hawaii Special Management Area Application for Change of Zone The Project Site is located outside the boundaries of the County of Hawai'i's Special Management Area ("SMA') and is therefore not subject to the SMA Use Permit. TMK:(3) 74-008:013 & 030 Page No. 18 r A r L MCX ®INTERNAL ROADS TO BE BUILT AS REQUIRED TO SUBDIVIDE LOTS. NOT AS ZONING CONDITION ROAD CIRCULATION PLAN PREPARED FOR: LANIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. MCX MCX m.doppo, 800' / :11 .1/ SCALE: 1" = 800' WEST HAWAII BUSINESS PARK NORTH KONA, HAWAII TMK:(3) 74.8:13 & 30 FIGURE # B PAGE NO. ?i Y O" i. :i .I i i FUTURE C " DEVELOPMENT ' AREA MG II L O I = I MCX ®INTERNAL ROADS TO BE BUILT AS REQUIRED TO SUBDIVIDE LOTS. NOT AS ZONING CONDITION ROAD CIRCULATION PLAN PREPARED FOR: LANIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. MCX MCX m.doppo, 800' / :11 .1/ SCALE: 1" = 800' WEST HAWAII BUSINESS PARK NORTH KONA, HAWAII TMK:(3) 74.8:13 & 30 FIGURE # B PAGE NO. Jul 0: 114 ;19::::2a Pui31 ir: Works 808-327-3533 P.1 _)EPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE' July 7,'205T l'O Christopher J. Yuen, Planning Director Plannirg Department FR010 Galen Krba, Division Chief Engineering Division fiIJB,ICc1. T Revi'se¢I Change of Zone Application (REZ 04-003) Appl.umi:: West Hawaii Business Park I-ccatic.i: Honokohau, N. Kona TMK: ; r 7-4-008:013, 030 Via ha'de .rEv ewed the, subject revised dated May 2004 application and our comments are as follows: Lf2Al:V " L, All c eveloprnent gencirated runoff shall be disposed of on-site and shall not be di-eted torerard any-djacent properties. 2 The apF liumt shall De informed that if they include drywells in the subject clevlalopment, an Unaerground Injection Control (UIC) permit may be required from to .3epartrnent of t•11_:alth, State of Hawaii. 3. A dr.:irnzge study shall be prepared, and the recommended drainage system shall be cons:ruc:ted meeting with the approval of DPW. EAR i -.11'17,;R M; All earthwork and galling shall conform to Chapter 10, Erosion and Sediment C:on:ro , of the Hawaii County Code. 'fhe app icant shall amply with chapter 11-55, Water Pollution Control, Hawaii Acrninislrative RLIe::,, Department of Health, which requires an NPDES permit for cartr:;in construction a ;tivity. NPDES R1_AGVV<,YSAND TRAFF;C The applicants TOR c oes not reflect in Phase 1 the near doubling of the area to be H:zcned MCX. Thu: TIAR should be updated if it is to serve as a legitimate rvf=r --n:a; to determ:ino traffic impacts from the proposed development and impose propar'IT _itigating mpII:wements. The Kaloko Industrial Park TIAR also does not rtfi eu,f ih.s increase in their Year 2010 traffic projections for which they will be EXHIBIT 055527 Jul OE, 04 Ci9 32a Pual is Works 808-327-3533 p.2 f4i'mrrrrdum vPD Pape :2 of dasigniig their Phs:sa IV improvements. 2. The. TIER does nol: ;address the interior subdivision roads and intersections. The p-ocosal to develoa around a new mauka-makai collector (South Access Road) frau e, procosed neav signalized intersection on Queen Kaahumanu Highway has is r;once:rned at -out .nterrral traffic circulation especially at the extension of Karial2anl Street wh cn may be as close as 400 feet from Queen Kaahumanu iig iway. If the DC'f is already committed to a signalized intersection at Queen ,Kae hun>.anu Hignway, the intersections at Kanalani Street and Kamanu Streets mu:;t also be evoluatad for a signal warrant. The proposal combines access to the MCA -try commercia.l area and the quarry so quarry truck traffic will be sharing the Soy th P.c;cess road with passenger vehicles. The applicant should anticipate right- of-,vay width for mut: pie lanes, signalized intersections, and restricted access to abutcinc properti,:s on the South Access Road collector. .rhe long tern plants 1 or Queen Kaahumanu Highway do not include this inter section with the: South Access Road, the internal roadway system should be cies gred for a future condition without it. The applicant should be required to plan the de mlopment for having no direct access to Queen Kaahumanu Highway and ar ti-ip.a.e any nece s:;ary improvements and connections to the secondary arterials and cc:ILct.rs, Midlevel Road, Kealakehe Parkway, and Hina Lani Street. 4 Prig, to submittal of p9ans for subdivision review, the applicant shall prepare a Traffic C irculation an({ Roadway Improvement Plan for roads and intersections within and in the general vicinity of the subject property meeting with the approval of the Planning Cirector in consultation with the DPW (and DOT) prior to Subrmission of any subdivision application. The plan shall identify necessary improvements requir: d by DOT as well as the County. The Traffic Circulation and Roadway Plan with supporting data shall be provided for road system including traffic cx ntrol sys'.erne: which will provide a minimum level of service C or better for all irtersection moverrients. The peak hour volume projections shall be amended Eased -i the current -onfiguration (without the North Access Road, with Kamanu "treat a:htension). All rich: -:;f -way width_, roadways and intersection design shall be provided within P hel:;e 1 accounting for future regional growth identified in the TIAR to the year 2020. Kaimanu Strew: extension should be 80 feet wide minimum in conformance whl— trier 4: to K plan c -i provide data to support a lesser width. Although the 80 -foot mVide ccdledor has neFher been provided through the adjacent Kaloko and F1creokoli,au Industriail Parks to the north and south rather as a narrower 60 -foot wide: (2-13ne:) stremt. Auxiliary turn lanes and traffic control devices shall be provided as warmnta:;. Souti f4c:c;ess Raid, h analani Street and Kamanu Street extension will serve as colle:tc.rs. Access s. r : uld be controlled to the extent that locations of driveway app om.tees should bi- approved by DPW prior to Plan Approval with consideration given tc-:ffrcient t�afic flow and minimal turning conflicts. Direct access to Jul OF: (I4 09::32a t1lamorandunt'u PD July',' 2D)4 Facie :3 of 2. Pul31 is Works 808-327-3533 p.3 ir-AiVidcal lots shook not be allowed from the South Access Road between Queen Kaahunanu Highway and Kamanu Street unless physically restricted to right -in anc right-crut only ty a median barrier. We will look to avoid through intersections :l:r local streets at col:ector streets to minimize turning conflicts. r r.vienr of the Traff.c Circulation and Roadway Improvement Plan for Kaloko rclustri31 Park, we Eii e expecting a preliminary design for intersection nlprovume:nts tc Kar anu Street and Hina Lani Street by the design consultant. Unt l it is completed and reviewed we will not, as in these development applications, presurrl3 that the intersection of Kamanu Street with Hina Lani Street can bt! :rnproved to 1i.mction as a major signalized intersection with double left turn lanes by design year ._010. As it reliienal impra�t:ment, the applicant should be required to participate in an imp"overnent district :)r other implementation strategy for construction of the Mid eve Road arteri:a.l of the K to K Plan. 9. The applicant should be required to construct all subdivision roadways to County ded cable standards r,vith curb, gutter and sidewalk and dedicate them to the Counh, jpon requea>t. 19. lrt tte interests o`bic?,clist safety, bike lanes should be considered throughout this vrgjoct. 1.1. All roadways within the proposed development shall follow the guidelines incorporated in the Hawaii Statewide Unfforrn Design Manual for Streets and HigFways orAA::HTJ Policy on Geometric Design of Highways and Streets. 12. Steeetlights, traffi, signals and other traffic control devices shall be installed as regJired by the Department of Public Works. The developer shall be responsible 1»r•:he dssign, parcn.ase and installation of all such devices. 'Ir ould tiere be any cuestions concerning this matter, please feel free to contact Kiran '=Tt er of our Kona Engineering Division office at 327-3530. KI_ a EKG-1-11.01KONA P Lhl S -K JNA Post -it' Fax Note 7671 ora 7 6 o ¢ P �► / / 7o /I'oy- fir, /-7cy1 �i.' "' Co./Deep1. Co. Phone N phone # Fax* n-1- 8.74z Fax# Aavrai' Counc/ is an Equal Opportunity Provider and Employer L. Barbara Bell Direaor i �D1I2it�117f ptlfllatl DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210. Hilo, Hawaii 967204252 (808) 961-8083 . Fax (808) 961-8086 MEMORANDUM Date . June 10, 2004 To : CHRISTOPHER YUEN, Planning Director From : BARBARA BELL, Director///)t!� SUBJECT: Revised Change of Zone Application (REZ 04-003) Applicant: West Hawaii Business Park, LLC Request: Open to MCX-20 and MG -la TMK: 7-4-8:por 13 and 30 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER DIVISION:`CL ( b -f No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: SOLID WASTE DIVISION:'r ( ) No comments ( ) Commercial operations may not use transfer stations for disposal. () Aggregates and any other construction/demolition waste should be reused to its fullest extent. ( A) Ample room should be provided for recycling. (A,) Greenwaste may be disposed of at the drop sites located at the Kailua and Hilo transfer stations. ) Other: cc: SWD, WWD Hawai 'i County as an equal opportunity provider and employer. 5824 EXHIBIT 3 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 345 KEKOANAO'A STREET, SUITE 20 HILO, HAWAI'l 96720 TELEPHONE (808)961-8050 June 28, 2004 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager FAX (808) 961.8657 u•I ,TNI 29 P� 1 14 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-003) REQUEST: OPEN TO MCX-20 AND MG -IA APPLICANT — WEST HAWAII BUSINESS PARK, LLC TAX MAP KEY 7-4-008:PORTION OF 013 AND 030 We have reviewed the subject application for the proposed Change of Zone Application and have the following comments. Under the current water availability conditions, the Department can be supportive of this application for the following allocations. The water allocation for the two subject parcels are as follows, Parcel 13, is allotted 50 water units; and Parcel 30, is allotted 14 water units with this Change of Zone Application. Each of these units is equal to a maximum daily use of 600 gallons for a total of 38,400 gallons per day. In addition, Parcel 13 has an existing 2 -inch water meter that the Department will continue to support to supply the quarry and related uses. Should the quarry use be terminated or an alternative water source developed, water from the 2 -inch water meter may be reallocated to other industrial or industrial/commercial lots/uses. The number of reallocated equivalent units will be based on the actual average daily demand for the highest 12 -consecutive month period within the last 5 years prior to termination of the use of water from the 2 -inch meter for the quarry uses. Any credits for facilities charges from the existing 2 -inch meter will be determined at a later date. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sinceply yours, Milt . Pavao, P.E. P Ma age SHK:sco copy - Mr. James S. Greenwell and Mr. Norman Horn, Lanihau Properties, LLC Mr. William L. Moore, William L. Moore Planning Water brinyj rrocgresj... Q5N"o EXHIBIT � The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, O6ic t of Civil ___... ........__ .... __, n..•..,,• cur nc or»cn_onin nrr•au nmt 72n.ecea mr,;c.. .,n mrn Harry Kim Mayor L June 18, 2004 h'1 l i �') `SCounty of Hawaii POLICE DEPARTMENT + 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808)935-3311 • Fn(808)961-2389 TO CHRI PHVU. , PL//ANNING DIRECTOR FROM THOMAS J. HI CO ; Harry Kim Mayer -('`' 2y9vEdUntp of'airoail r .FlTf DEPARTMENT .,' 25 Aupuoi'Sf��t a Suite 103 • Hilo, Hawa1`i 96720 -A) 9614297 • Fax (808) 961-8296 June 22, 2004 TO : CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM : DARRYL J. OLIVEIRA, FIRE CHIEF SUBJECT: REVISED CHANGE OF ZONE APPLICATION (REZ 04-003) APPLICANT: WEST HAWAII BUSINESS PARK, LLC REQUEST: OPEN TO MCX-20 AND MG -1A TAX MAP KEY: 7-4-8:POR 13 AND 30 Our concerns are the same as our response on March 1, 2004. Darryl J. Oliveira Fire Chief Desmond K. Wery Deputy Fire Chief Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Hawai'i County is mi Equal Opportunity Prmider and Employer. Christopher J. Yuen, Planning Director Page 2 June 22, 2004 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire -fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) Christopher J. Yuen, Planning Director Page 3 June 22, 2004 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC 10.301: 'When any portion of a building being protected is in excess of 150 feet from a water supply on a public street, on-site fire hydrants shall be provided. On-site fire hydrants and mains shall be capable of supplying the required fire flow. Fire extinguisher shall be in accordance with UFC Standard 10-1. JAR&JYc;.OLIVEIRA eief NAY/jdk Harry Kim Mayor i'ii:�q S PRj 1 March 5, 2004 MEMORANDUM Count? of J�abnaff Q5 OFFICE OF HOUSING AND -COMMUNITY DEVELOPMENT 50 wa0oka brive . Hb, VA"N 96720-2484 VRT (808) 961-8379. FAX (808) 961-8685 TO: Christopher J. Yuen, Director Planning Department��JJ FROM: Edwin S. Taira <- � Housing Administrator SUBJECT: Change of Zone Application (REZ 04-003) West Hawaii Business Park, LLC Request: Open to MCX-20 and MG -la Tax Map: 7-4-8:por 13 and 30 Edwin S. Taira Housing Administrator Housing conditions, pursuant to the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing Policy, are applicable to this application. 4795dmko Thank you for the opportunity to comment. Please call us at ext. 8379 if you have any questions or need additional information. EXHIBIT 7 �� odde "1.�; V•. r,„� q RN EQUAL HOUSING OPPORTUNITY 'AN EQUAL OPPORTUNITY EMPLOYER' LINDA LINGLE GOVERNOR OF MWNI L• �5 STATE OF HAWAII C.- DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION "r' POST OFFICE BOX 621 HONOLULU, HAWAII 96809 March 29, 2009 REZ 09-003.RCM Honorable Christopher J. Yuen Planning Director County of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-9252 Dear Mr. Yuen: Subject: Change of Zone Application Applicant: West Hawaii Business Park, LLC Request: Open to MCX-20 and MG -la I. D. No.: REZ 09-003 Authority: County of Hawaii Planning Department TMK: 3rd/ 7-9-008: Portion of 013 and 030 PETER T. YOUNG CNAIRPERSON BOARDOF IANDAND RRESOlRCES COw.pSSION ON WATER RESOESO{OCE NANAGEwENT DAN DAVIDSON OERYIY WRECTOR..LAND ERNEST Y.W. LAU DERRr DIPECTOR -WATER AOWTK RESOURLlS eOATING ,NO OCEAN RECREATON BUREAUOF CONVEYANCES COw,nSSONONWATETER RESOLwuuGEUEM CONSEMATIOII AND COASTAL IANDi CONSERVATIOx AND RESOU1tCE5 EtiORCEMEM FORE ENGWEERW KSTOR Rr AND RVAT E WE I RK PRESERVE RA11001AWE LiANp RESERVE COwN1E5gN AnD STATE PARKS Thank you for the opportunity to review and comment on the subject matter. LD -NAV A copy of the document pertaining to the subject matter was distributed or made available to the following Department of Land and Natural Resources, Divisions for their review and comment: - Division of Aquatic Resources - Division of Forestry and Wildlife - Division of State Parks - Office of Conservation and Coastal Lands - Engineering Division - Land -Hawaii District Land office - Land Planning and Development Enclosed please find a copy of the Commission on Water Resource Management and Land Planning and Development comment. The Department of Land and Natural Resources has no other comment to offer on the subject matter at this time. Should you have any questions, please feel free to contact Nicholas A. Vaccaro of the Land Division Support Services Branch at 1-808-587-0389. Very truly yours, DIERDRE S. MAMIYA Administrator EXHIBIT LINDA LINGLE GOVERNOR OF MWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 MEMORANDUM To: Dierdre S. Mamiya, Adminstrator From: Keith Chun, Planning and Development Manager �- Date: March 18, 2004 Re: Comments to Change of Zone Application (REZ 04-003) Applicant: West Hawaii Business Park, LLC Request: Open to MCX-20 and MB -1a Tax Map Key: 7-4-8:por 13 and 30 PETER T. YOUNG OURPERSON SOARO GF IAHD AM NATO REsoUR S COMWMM ON WATER RESOURCE AIANAGEMW, DAN DAVIDSON OEPVfY DIRECTOR - IAND ERNEST Y.W. LAU DEPUTY DIRECTOR - WATER AOWM RESOURCES SOATRIG AHD OCEAN RECREA EUREAU OF CO YANCEs COARAISSION ON WATER RESOURCE AAANAGEMENT CONSERVATONANDCOASTALU S CONSERVATIONANDRESOURCESENFpTCEMENT ENGINEERING FORESITYAND WIU I HISTORIC PRESERVATON KAHOMAWE IsIAW RESERVE COMMISSION IAM STATE PARRS The following comments are intended to inform the County of Hawaii Planning Department of the State Department of Land and Natural Resources' ("DLNR") plans to develop certain State-owned lands located near the above -referenced project The State is the owner of approximately 350 acres of land in Kealakehe, North Kona, on the Island of Hawaii. The property is located adjacent to the Honokohau Small Boat Harbor and is identified as all, or portions of, Tax Map Key Numbers: (3) 7-4-08: 3, 40, 41, 42, 46, 50 and 71. Due to the location of the property and its proximity to the State's Honokohau Small Boat Harbor, DLNR is seeking to develop a master -planned mixed-use project on the property that will include much needed boat slips and marina facilities, as well as other land uses and facilities yet to be determined. DLNR intends to develop the property under a development agreement and master lease arrangement with a private developer. On April 25, 2003, the Board of Land and Natural Resources authorized the issuance of a Request for Proposals ("RFP") to seek and select a developer/lessee for the proposed master -planned project. On July 30, 2003, DLNR held a public meeting at the Kealakehe High School cafeteria to explain the proposed development project and solicit public input. The RFP was subsequently issued on January 23, 2004 and DLNR is currently awaiting submittal of the qualifications of potential developers. DLNR expects to select a developer/lessee later this year and enter into exclusive negotiations of the development agreement and master lease, which agreements will require among other things, that the developer prepare and process the necessary EA/EIS and land use entitlement applications. LINDA LINGLE cI'VED !01q Z004 MAR I I A 12 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 821 HONOLULU. HAWAII M09 March 15, 2004 PETER T. YOUNG cw.oemx MEREDITH J. CHING CLAYTON W. DELA CRUZ JAMES A. FRAZIER CHIYOME L. FUKINO. M.D. STEPHANIE A. W HALEN ERNEST V.W. LAU AMYglCTq TO: Ms, Dede Mamiya, Administrator Land Division FROM: l .( Ernest Y.W. Lau, Deputy Director Commission on Water Resource Management (CWRM) SUBJECT: Change of Zone Application - West Hawaii Business Park FILE NO.: REZ 04-003.CMT Thank you for the opportunity to review the subject document. Our comments related to water resources are marked below. In general, the CWRM strongly promotes the efficient use of our water resources through conservation measures and use of alternative non -potable water resources whenever available, feasible, and there are no harmful effects to the ecosystem. Also, the CWRM encourages the protection of water recharge areas, which are important for the maintenance of streams and the replenishment of aquifers. [ x ] We recommend coordination with the county government to incorporate this project into the county's Water Use and Development Plan. [ ] We recommend. coordination with the Land Division of the State Department of Land and Natural Resources to incorporate this project into the State Water Projects Plan. [ I We are concemed about the potential for ground or surface water degradation/contamination and recommend that approvals for this project be conditioned upon a review by the State Department of Health and the developers acceptance of any resulting requirements related to water quality. [ x ] A Well Construction Permit and/or a Pump Installation Permit from the Commission would be required before ground water is developed as a source of supply for the project. [ ] The proposed water supply source for the project is located in a designated water management area, and a Water Use Permit from the Commission would be required prior to use of this source. [ ] Groundwater withdrawals from this project may affect streamflows, which may require an instream Flow standard amendment. [ ] We are concerned about the potential for degradation of instream uses from development on highly erodible slopes adjacent to streams within or near the project. We recommend that approvals for this project be conditioned upon a review by the corresponding county's Building Department and the developer's acceptance of any resulting requirements related to erosion control. [ ] If the proposed project includes construction of a stream diversion, the project may require a stream diversion works permit and amend the instream flow standard for the affected streams s). [ ] If the proposed project alters the bed and banks of a stream channel, the project may require a stream channel alteration permit. [ ] OTHER: If there are any questions, please contact Ryan Imata at 587-OZ55. LINDA LNGLE GOVERNORIN HAW" ,111.1 �0 pm j. 21 STATE OF HAWAII ' DEPARTMENT dB LAND AND NATURAL RESOURCES : . , ,. LAND DIVISION REZ 04-003.RCM2 Honorable Christopher J. Yuen Planning Director County of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: POST OFFICE BOX 621 HONOLULU. HAWAII 96809 June 29, 2004 PETER T. YOUNG OM REON EOM M LAND AND KATL WSOMM COLIAI1590N ON WAY" REEOMM MANAGEMENT DAN DAVIDSON DEPUTY ONECTOII. LAND YVONNE Y. D:U DEPUTY DNECTOR- WATIIR AOWTIC RESOWCES EDATWGA IX14!RECREATR»I EWEAU OF CONVEYANCES CpA.S3510N ON WATER RESOWCE MAGEIEM AN CONSERVATWMI ANI) COASTAL LANCLS CO RVATgNAIp RESOLMCFSENFORCEA4NT ENONEERNG FOWSTFWA VVILDLFE NWORICMENWATION NAN004WE IMAM RESERVE COAEIISSpN wp STATE PARAS Subject: Change of Zone Application Applicant: West Hawaii Business Park, LLC Request: Open to MCX-20 and MG -la I. D. No.: REZ 04-003 Authority: County of Hawaii Planning Department TMK: 3rd/ 7-4-008: Portion of 013 and 030 Thank you for the opportunity to review and comment on the subject matter. LD -NAV A copy of the document pertaining to the subject matter was distributed or made available to the following Department of Land and Natural Resources' Divisions for their review and comment: - Division of Forestry and Wildlife - Engineering Division - Commission on Water Resource Management - Land -Hawaii District Land office Enclosed please find a copy of the Engineering Division comment. Based on the attached responses, the Department of Land and Natural Resources has no other comment to offer on the subject matter. Should you have any questions, please feel free to contact Nicholas A. Vaccaro of the Land Division Support Services Branch at 1-808-587-0384. Very truly yours, DIERDRE S. MAMIYA Administrator C: HDLO DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LAINAV Rett A"' ft•CI T COMMENTS () We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone _. Please take note t the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zane' t . () please note that the correct Flood Zone Designation for the project site according to the Flood insurance Rate Map (FIRM) is _. () Please note that the project mid comply with the Hiles and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Robert Sumimoto at (808) 5234254 or Mr. Mario Siu Li at (808) 5234247 of the City and County of Honolulu, Department of Phun ing and Permitting. () Mr. Kelly Gomes at (808) 961-8327 (Hilo) or Mr. Kiran Emler at (808) 327-3530 (Kona) of the County of Hawaii, Department of Public Works. () Mr. Francis Cerizo at (808) 270-7771 of the County of Maui, Department of Planning. () Mr. Mario Antonio at (808) 241-6620 of the County of Kauai, Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system=, fust obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. O Additional Comments: () Other: Should you have any questions, please call Mr. Andrew Monden of the Planning Branch at 587-0229. Signed: �• ERIC T)MtANY, CHIEF ENGINEER Date: 3 LINDA LINGLE GOVERNOR STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT 8 TOLIAISM;11'1 LAND USE COMMISSION 2� P.O. Box 2359 - Homiulu, Hawaii 95804-2359 Tebplwne: 808-587.3822 Fax: 808.587.3527 June 21, 2004 Mr. Christopher Yuen, Director Planning Department County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Revised Change of Zone Application (REZ 04-003) Applicant: West Hawaii Business Park, LLC Request: Open to MCX-20 and MG -la Tax Map Key: 7-4-8: por.13 and 30 ANTHONY J.H. CHING EXECUTIVE OFFICER We acknowledge receipt of your June 8, 2004 memorandum regarding the above subject application. On August 7, 2003, the Land Use Commission approved with conditions the reclassification of approximately 336.984 acres of land for this project from the Conservation District to the Urban District at Honokohau, North Kona, Hawaii. Given the location, scope, and nature of the proposed activity, the State Land Use Commission defers to the judgment of the County of Hawaii in this matter. We have no further comments to offer at this time. Thank you for the opportunity to comment on the subject project. Please feel free to contact me at 587-3822 should you require clarification or any further assistance. Sincerely, I I , L ANTHONY J.Zr Executive Officer EXHIBIT LINDA LINGLE GOVERNOR t• os „• ♦� oea i a STATE OF HAWAII DEPARTMENT OF HEALTH ,- P.O. BOX 916 .. HILO, HAWAII 96721-0916 MEMORANDUM DATE: July 6, 2004 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno W\ District Environmental Health Program Chief SUBJECT: Revised Change of Zone Application (REZ 04-003) Applicant: West Hawaii Business Park, LLC Request: Open to MCX-20 and MG -la Tax Map Key: 7-4-8:por 13 and 30 CHIYOME L. FLIKINO, M.D. DIRECTOR OF HEALTn Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The Army Corps of Engineers should be contacted at (808) 438-9258 to identify whether a Federal license or permit (including a Department of Army permit) is required for this project. Pursuant to Section 401(a)(]) of the Federal Water Pollution Act (commonly known as the "Clean Water Act"), a Section 401 Water Quality Certification is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...." A National Pollutant Discharge Elimination System (NPDES) general permit coverage is required for the following activities: EXHIBIT 0SSf4,Us /0 Christopher J. Yuen Page 2 July 6, 2004 a. Storm water associated with industrial activities, as define in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi); b. Construction activities, including clearing, grading, and excavations, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. C. Discharge of treated effluent from leaking underground storage tank remedial activities; d. Discharge of once through cooling water less than one (1) million gallons per day; e. Discharge of hydrotesting water; f. Discharge of construction dewatering effluent; g. Discharge of treated effluent from petroleum bulk stations and terminals; h. Discharge of treated effluent from well drilling activities; i. Discharge of treated effluent from recycled water distribution systems; j. Discharges of storm water from a small municipal separate storm sewer system; and k. Discharge of circulation water from decorative ponds or tanks. The Clean Water Branch (CWB) requires that a Notice of Intent (NOI) to be covered by a NPDES general permit for any of the above activities be submitted at least 30 days before the commencement of the respective activities. The NOI forms may be picked up at our office or downloaded from our website at htip://www.state.hi.us/doh/eh/cwb/forms/gen]-index.html. The applicant may be required to apply for an individual NPDES permit if there is any type of activity in which wastewater is discharged from the project into State waters and/or coverage of the discharge(s) under the NPDES general permit(s) is not permissible. An application for the NPDES permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from website at btti)://www.state.bi.us/doh/eh/ewb/fonns/indiv-index:html. Hawaii Administrative Rules, Section 11-55-3 8, also requires the owner to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD) or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. Please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. If you have any questions, please contact the CWB at 586-4309. Christopher J. Yuen Page 3 July 6, 2004 Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. C. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. WORD:2REZ04-003.my ONA irRAFFIC SAFETY CCUk"ITTER 77-180 KEKAI PLACE, KAILUA-KONA, HAWAII 96740 808-331_2765 ktsc@hawaii.rr.com 9 F�, `'g ' 2 promoting a safe environment for all modes of land transportation in the districts of North and South Kona March 24, 2004 Christopher J. Yuen, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Re: West Hawaii Business Park — Change of Zone Application (REZ 04-003) Dear Mr. Yuen: We have reviewed the subject application for change of zone as requested in your February 25 memorandum. The rezoning would permit development of a West Hawaii Business Park (WHBP) on 197.068 acres mauka of Hwy 19 and south of Kaloko Industrial Park. Although the already severe traffic congestion on Hwy 19 argues strongly against this application, which would add, as stated in the January 9, 2001, TIAR accompanying the application, 2,105 vehicles per hour during the AM peak period, and 3,135 vehicles per hour during the PM peak period to Hwy 19, we acknowledge and appreciate that the applicant proposes to: extend Kanalani Street and Kamanu Street from the northern boundary to intersect with both the North and South Access Roads; widen the westbound South Access Road (Kealekehe Pkwy) to three lanes at its intersection with Hwy 19; and lengthen the right -tum deceleration lanes on northbound Hwy 19 at the North Access Road (the existing access to the quarry). The applicant indicates that the above project -related improvements would be constructed by the year 2010, consistent with Phase I of the project. The TIAR also assumes that certain project -related improvements would be completed by the year 2020, including widening northbound Hwy 19 to three lanes at the South Access Road intersection, widening southbound Hwy 190 to provide an exclusive right turn lane at Hina Lam Street, and adding a storage lane and right tum lane on Kealekehe Parkway at Road G, which is to be constructed by the applicant. These, together with the non - project -related improvements identified in the TIAR, some of which have been accomplished, should serve to mitigate many of the highway deficiencies identified in the TIAR. The TIAR, however, assumes that the non -project -related widening of Hwy 19 from Kealekehe Parkway (the South Access Road) to the airport will be completed by EXHIBIT 2 2020. But that work has not yet been funded, so the applicant's assumption is problematic. Similarly, the TIAR failed to address the already severe congestion and long afternoon delays on southbound Hwy 19 at the Palani Road intersection. Adding more than a thousand vehicles per hour to that intersection will clearly aggravate an already unacceptable level of service. Accordingly, the KTSC urges that the applicant be required to submit an updated TIAR analyzing the effect of the project on traffic if the state fails to widen Hwy 19 north of Kealekehe Parkway to the airport by 2020, and specifying project -related improvements to be undertaken in that event and for the Hwy 19/Palani Road intersection. We further urge that the Planning Department require, as a condition of approval, that project -related improvements specified in the TIAR and related to specific phases be completed before construction of each phase is begun. Thank you for your consideration of our concerns and comments. Sincerely yours, Joel E. Gimpel Chair, Public Affairs Final Environmental Impact Statement Kaloko-Honokohau Business Park Honokohau, North Kona District, Hawaii Island, State of Hawaii TMK (3rd): 7-4-8:13 (por.) and 30 Prepared for: Lanihau Properties, LLC 3465 Waialae Ave., Suite 260 Honolulu HI 96816 Prepared by: Geometrician Associates HC 2 Box 9575 Kea'au HI 96749 April 2003 This document is prepared pursuant to the Hawai' i Environmental Protection Act, Chapter 343, Hawaii Revised Statutes (HRS), and Title 11, Chapter 200, Hawaii Department of Health Administrative Rules (HAR). EXHIBIT A Final Environmental Impact Statement Kaloko-Honokohau Business Park Honokohau, North Kona District, Hawaii Island, State of Hawaii TMK (3rd): 7-4-8:13 (por.) and 30 Prepared for: Lanihau Properties, LLC 3465 Waialae Ave.; Suite 260 Honolulu HI 96816 This document and all ancillary documents were prepared under my direction and supervision. The information contained herein fully addresses the document . content requirements set forth in section 11-200-17, Hawaii Administrative Rules. Applicant: Date: April 7, 2003 ani$ u Pr p ties, LLC by aures S. eenwell, its President Note:.tiection.c nftext with .yuhstantive additions, deletions or revisions are delineated with douhle underlines. Prepared by: Geometrician Associates HC 2 Box 9575 Kea'au HI 96749 March 2003 This dOCUment is prepared pursuant to the Hawaii Envimunental Protection Act. Chapter 343, Hawal i Revised Statutes (HRS). and Title 11. Chapter 200, Hawai' i Department tit Health Administrative Rules (HAR) Final EIS: Kaloko-Honokohau Business Park TABLE OF CONTENTS SUMMARY 1 INTRODUCTION 1.1 Applicant and Accepting Authority ............................. 1-1 1.2 Location and Ownership ...................................... 1-1 1.3 Historic Perspective ......................................... 1-1 1.4 Environmental Impact Statement Process ......................... 1-5 1.5 Agencies and Organizations Sent EISPN ........................ 1-6 1.6 Agencies and Organizations Sent Draft EIS ...................... 1-7 1.7 Comments on Draft EIS ...................................... 1-9 s 2 DESCRIPTION OF PROPOSED ACTION 2.1 Project Purpose and Background ................................ 2-1 2.2 Project Description ........................................... 2-2 2.3 Project Cost and Schedule .................................... 2-4 2.4 Summary of Conformity of Proposed Action with Major Land Use Plans 2-6 2.5 List of Permits and Approvals Required .......................... 2-6 2.6 Existing and Planned Uses in the Study Area ..................... 2-10 3 ALTERNATIVES 3.1 Proposed Project ............................................ 3-1 3.2 No Action ................................................. 3-1 3.3 Other Alternatives Considered and Dismissed ..................... 3-2 4 ENVIRONMENTAL SETTING, IMPACTS AND MITIGATION MEASURES 4.1 Basic Orientation to Site ...................................... 4.2 Physical Environment ........................................ 4.2.1 Drainage and Flooding .................................. 4.2.2 Water Resources ...................................... 4.2.2.1 Environmental Setting ............................... 4.2.2.2 Potential Impacts and Mitigation .................... 4.2.2.2.1 Potential Impacts to Groundwater and Mitigation ....... 4.2.2.2.2 Potential Impacts to Surface Water & Aquatic Biota Habitat 4.2.2.2.3 Potential Impacts from Toxic Substances and Mitigation . . 4.: i 4-1 4-2 4-2 4-3 4-8 4-11 4-12 4-15 4-18 4-18 4-24 4-31 Final EIS: Kaloko-Honokohau Business Park 4.2.2.2.5 Additional Mitieation Measures ....................... 431 4.2.2.2.6 Potential Regional Cumulative Impacts and Mitigation ..... 4-39 4.2.3 Lava Flow and Earthquake Hazards ....................... 4-42 4.2.4 Soils and Agriculture .................................. 4-42 4.2.5 Flora and Fauna ....................................... 4-44 4.2.6 Visual Character ...................................... 4-51 4.2.7 Noise .............................................. 4-64 4.3 Socioeconomic and Cultural ................................... 4-70 4.3.1 Social ............................................... 4-70 4.3.2 Archaeological and Historic Site Resources ................. 4-73 4.3.3 Cultural Impact Assessment .............................. 4-79 4.3.3.1 Background ....................................... 4-79 4.3.3.2 Traditional Land Use ............................... 4-80 4.3.3.3 Valued Natural, Historical and Cultural Resources ......... 4-86 4.3.3.4 Impacts to Valued Natural, Cultural and Historical Resources and Mitigation ..................................... 4-89 4.3.4 Economic ........................................... 4-90 4.3.4.1 Market Analysis ................................... 4-93 4.3.4.2 Economic Impact Analysis ........................... 4-95 4.3.4.3 Public Cost -Benefit Assessment ....................... 4-97 4.3.4.3.1 Introduction and Methodology ....................... 4-97 4.3.4.3.2 Public Costs .................................... 4-98 4.3.4.3.3 Public Benefits ................................... 4-100 4.2.2.2.4 Cost -Benefit Analysis: Summary ..................... 4-102 4.3.5 Roads and Traffic ...................................... 4-103 4.3.6 Air Quality ........................................... 4-113 4.3.6.1 Background ....................................... 4-113 4.3.6.2 Sbort-Tenn Air Quality Impacts and Mitigation Measures ... 4-117 4.3.6.3 Long Term Air Quality Impacts ........................ 4-117 4.3.6.3.1 Roadway Traffic Air Quality Impacts ................. 4-117 4.3.6.3.2 Business Park Air Quality Impacts ................... 4-121 4.3.6.3.3 Air Quality Impacts from Electr. Generation and Solid Waste 4-122 4.4 Public Facilities and Services .................................. 4-124 4.4.1 Utilities and Energy ................................... 4-124 4.4.2 Water Supply ......................................... 4-127 4.4.3 Wastewater .......................................... 4-130 4.4.4 Solid Waste .......................................... 4-132 4.4.5 Police, Fire, Emergency, and Medical Services .............. 4-133 4.4.6 Recreational Services and Facilities ....................... 4-134 4.4.7 Educational Services and Facilities ........................ 4-135 ii Final EIS: Kaloko-Honokohau Business Park 5 CONSISTENCY WITH GOVERNMENT PLANS AND POLICIES 5.1 Hawaii State Plan ........................................... 5-1 TABLE 2-2 5.1.1 Plan ................................................ 5-1 TABLE 4 -la 5.1.2 Discussion .......................................... 5-3 5.2 Hawaii State Land Use Law .................................. 5-4 5.3 Coastal Zone Management .................................... 5-7 6.3 5.3.1 Hawaii Coastal Zone Management Objectives .............. 5-7 6.4 5.3.2 Discussion .......................................... 5-8 5.4 Hawaii County General Plan .................................. 5-8 5.4.1 General Plan Goals, Objectives, Policies & Standards and Principles 5-8 5.4.2 Discussion ........................................... 5-11 5.5 Hawaii County General Plan Land Use Pattern Allocation Guide (LUPAG) 5-12 5.6 Hawaii County Zoning ....................................... 5-12 5.7 West Hawaii Regional Plan ................................... 5-13 5.8 Keahole to Kailua Development Plan ............................ 5-13 5.9 OSP State Land Use District Boundary Review .................... 5-14 6 ENVIRONMENTAL IMPACT STATEMENT FINDINGS 6.1 Probable Unavoidable Adverse Environmental Effects ............... 6-1 TABLE 2-2 6.1.1 Unavoidable Adverse Short -Term Impacts .................. 6-1 TABLE 4 -la 6.1.2 Unavoidable Adverse Long -Term Impacts .................. 6-2 6.2 Relationship Between Short -Term Use of Man's Environment and the 4-14 TABLE 4-2 Maintenance and Enhancement of Long -Term Productivity ......... 6-2 6.3 Irreversible and Irretrievable Commitments of Resources ............ 6-2 6.4 Unresolved Issues ........................................... 6-2 7 ENVIRONMENTAL IMPACT STATEMENT PREPARERS Archaeological Site Types .................................... REFERENCES LIST OF TABLES TABLE 2 -la Examples of Permitted Uses within the Proposed (MCX) Zoned District 2-2 TABLE 2-1b Examples of Permitted Uses within the Proposed (MG) Zoned District . 2-3 TABLE 2-2 Existing and Proposed Land Uses, Keahole to Kailua Area ........... 2-11 TABLE 4 -la Baseline Groundwater Conditions .............................. 4-11 TABLE 4 -lb Estimated Nutrient Loading to Groundwater ....................... 4-14 TABLE 4-2 Migration Pathways for Representative Petroleum Hydrocarbon Constituents 4-22 TABLE 4-3 Resident Population Growth in Kona, 1970-1990 .................. 4-70 TABLE 4-4 Selected Socioeconomic Characteristics .......................... 4-72 TABLE 4-5 Archaeological Site Types .................................... 4-75 iii Final EIS: Kaloko-Honokohau Business Park TABLE 4-6 Archaeological Sites by Significance Criteria ..................... 4-77 TABLE 4-7 Archaeological Preservation Sites .............................. 4-78 TABLE 4-8 Summary of Historic and Projected Population and Economic Indicators 2-5 FIGURE 2-2 For the West Hawai'i Region, 1960 to 2020 ....................... 4-92 TABLE 4-9 Unemployment Figures, State and Hawaii County 1993 to Present .... 4-96 TABLE 4-10 Total Economic Impact, Selected Years and Overall, Years 1-34 ....... 4-97 TABLE 4-11 Planned Roadways .......................................... 4-106 TABLE 4-12 Existing Traffic Conditions ................................... 4-107 TABLE 4-13 Traffic Conditions at Year 2010, With and Without Project. ......... 4-109 TABLE 4-14 Traffic Conditions at Year 2020, With and Without Project ......... 4-111 TABLE 4-15 Summary of State of Hawaii and National Ambient Air Quality Standards 4-115 TABLE 4-16 Annual Summaries of Air Quality Measurements for Kealakekua Station 4-116 TABLE 4-17 Estimated Worst -Case I -Hour and 8 -Hour Carbon Monoxide Conc.... 4-120 TABLE 4-18 Estimated Indirect Air Pollution Emissions from Electrical Demand ... 4-123 TABLE 4-19 Estimated Water Use and Wastewater Flow ...................... 4-128 LIST OF FIGURES FIGURE 1-1 Study Area ........................................... 1-2 FIGURE 1-2 State Land Use Map ................................... 1-3 FIGURE 2-1 Land Use and Phasing Plan ............................. 2-5 FIGURE 2-2 County General Plan: Land Use Pattern Allocation Guide Map .. 2-7 FIGURE 2-3 Keahole to Kailua Development Plan Land Use Plan ......... 2-8 FIGURE 2-4 State Land Use District Boundary Review .................. 2-9 FIGURE 2-5 Planned Land Uses in Region ............................ 2-12 FIGURE 4-1 Well Locations ....................................... 4-10 FIGURE 4-2 Soils Map .......................................... 4-43 FIGURE 4-3 Land Study Bureau Map ................................ 4-45 FIGURE 4-4a Project Area Photographs, From North Access Road .......... 4-52 FIGURE 4-4b Project Area Photographs, From South Access Road .......... 4-53 FIGURE 4-4c Project Area Photographs, Along Queen Ka'ahumanu Highway . 4-54 FIGURE 4-4d Project Area Photographs, From Maliu Point ................ 4-55 FIGURE 4-4e Project Area Photographs, From Proposed Park Center Site .... 4-56 FIGURE 44f Visual Cross Section Through Study Area .................. 4-57 FIGURE 4-4g Conceptual Landscape Plan ............................. 4-59 FIGURE 44h Conceptual Landscape Plan. Section AA ................... 4-60 FIGURE 4-4i Conceptual Landscape Plan. Section BB ................... 4-61 FIGURE 4-4j Conceptual Landscape Plan. Section CC .................... 4-62 FIGURE 4-5a Noise Contours, Quarry Activities North ................... 4-67 FIGURE 4-5b Noise Contours, Quarry Activities South ................... 4-68 FIGURE 4-6 Archaeological Sites .................................. 4-74 FIGURE 4-7 Roadway System .................................... 4-105 iv Final EIS: Kaloko-Honokohau Business Park LIST OF APPENDICES APPENDIX 1 Conservation District Use Permit APPENDIX 2 Comments and Responses to EISPN APPENDIX 3 Impact on Water Resources Report APPENDIX 4 Assessment of Effects to Marine and Pond Environments APPENDIX 5 Toxic Substances/Pollution Prevention Plan APPENDIX 6 Botanical Survey APPENDIX 7 Faunal Survey APPENDIX 8 Archaeological Report APPENDIX 9 Market Study and Economic Impact Report APPENDIX 10 Cultural Impact Assessment APPENDIX 11 Traffic Impact Assessment APPENDIX 12 Air Quality Report APPENDIX 13 Comments on Draft EIS and Responses APPENDIX 14 Noise Impacts APPENDIX 15 Excerpt of TSA Corporation Findings of Fact, Conclusions of Law, and Decision and Order for a State Land Use District Boundary Amendment V Final EIS: Kaloko-Honokohau Business Park SUMMARY PROJECT NAME: Kaloko-Honokohau Business Park APPLICANT: Lanihau Properties, LLC APPROVING Hawai'i State Land Use Commission AUTHORITY: LOCATION: Honokohau I" and 2, North Kona District, County of Hawaii TAX MAP KEY: 7-4-8:13 (por.) and 30 CLASS OF ACTION: Reclassification of land in the Conservation District DETERMINATION: Environmental Impact Statement Required (State EIS) PROPOSED ACTION: Reclassify 336.984 acres to Urban PURPOSE: To allow the development of the Petition Area for mixed light industrial and commercial uses and to allow the retention and expansion of the existing quarrying and quarry -related uses. ESTIMATED COST: $9,000,000 (estimated improvement costs) STATE LAND USE Conservation DISTRICT: ZONING: Open PERMITS REQUIRED: State: State Land Use District Boundary Amendment; Underground Injection Control, State Historic Preservation Division Chapter 6E Concurrence. County: Change of Zone, Plan Approval, Subdivision Approval, Grading Permit, Building Permits. ACCEPTING AUTHORITY: State Land Use Commission S-1 Final EIS: Kaloko-Honokohau Business Park ALTERNATIVES Phase 3 area is reclassified to the Aericultural district. Under the No Action Altemative, the Petition Area would not be reclassified from the Conservation District to the Urban District. The existing quarry and related activities, which operate under a Conservation District Use Permit covering 261.723 acres, including 232 acres within the Petition Area, would continue into the foreseeable future. There would be no additional long-term impacts related to the conversion of vacant land to developed uses, nor any benefits of employment and tax base expansion. considered various land use alternatives during initial planning including residential, exclusively commercial, and combinations thereof, but rejected them for inconsistency with land use plans and lack of compatibility with surrounding land uses. SUMMARY OF IMPACTS AND MITIGATION MEASURES' Drainage and Flood Hazard. No adverse drainage impacts would occur. No flood hazard areas or floodplains as defined in the Flood Insurance Rate Maps (FIRM) are present in or near the Petition Area, and none will be affected in any direct or indirect way by the proposed project. The proportion of impervious surface will increase substantially. In order to prevent off-site runoff and flooding, engineers will calculate the maximum runoff from extremely large storms and then design roadways, gutters, drainage canals and absorption areas accordingly. Water Resources. Water quality is the leading issue cited by most people consulted on the project. The Petition Area itself lacks surface water, but there is concern that project -related alterations to the flow and nutrient load of the groundwater, as well as contamination with toxic substances, could potentially affect the anchialine ponds and nearshore waters of nearby Kaloko- Honokohau National Historical Park and environs. These coastal waters have value for 1 The adjacent property to the northeast has also been the subject of a Petition for Land Use Boundary Amendment from the Conservation District to the Urban District by TSA International, Ltd. TSA proposes to develop Phases III and IV of the Kaloko Industrial Park on this property. In February of 2002, the Land Use Commission (LUC) granted TSA's Petition, subject to a series of conditions related to wastewater treatment, stormwater disposal, pollution prevention, groundwater monitoring, regional/local transportation, financial contribution, affordable housing, archaeological and historic s_tes, landscaping, and other subjects. These conditions are set forth in=-3pendix 15 of this EIS, and are substantially similar to many of the mitiga=ion measures that have been developed as part of this EIS. Conditions addressing similar issues in the Lanihau project are expected to be developed during LUC hearing for the Lanihau Petition. S-2 Final EIS: Kaloko-Honokohau Business Park maintaining a healthy aquatic biota, for historic preservation, for use and appreciation by visitors, and for the ongoing practice of Hawaiian culture. To minimize potential impacts. Lanihau has committed to require the use of an Individual Given this, the project's direct effects (as well as the cumulative impact of all expected development in the ahupua'a of Kaloko and Honokohau makai of Mamalahoa Highway) on alterations in groundwater flow levels, salinity changes, sedimentation, and nutrients are expected to be essentially negligible and will thus have minimal if any impact on aquatic biota in Kaloko and Aimakapa Ponds. as well as nearshore waters. When the full range of projects planned in the Kaloko and Honokohau ahupua'a between Mamalahoa Highway and Queen Ka'ahumanu Highway is implemented, mitigation of the cumulative impacts will require connection to a municipal sewage system, which is expected to occur. Therefore, neither direct project nor cumulative factors are expected to result in adverse impacts related to flow, salinity. sedimentation or nutrients upon the nearshore or marine environment or any particular species, given timely connection of area projects to a wastewater treatment plant. (See Wastewater, below, for further discussion). Study of existing and proposed facilities, water quality records, and hydrogeologic modeling show that restricting potential contamination by toxic materials to very minor levels is practical through adherence to applicable laws and regulations and implementation of appropriate Best Management Practices. However, to further minimize risk. Lanihau will also develop :S7 Final EIS: Kaloko-Honokohau Business Park a second line of defense against pollution violations. Lava Flow and Earthquake Hazards. The entire region is classified as Lava Flow Hazard Zone 4, where there is minor risk of lava inundation over relatively short time scales. All of Hawaii County is rated Zone 4 Seismic Probability Rating, and is thus at risk from major earthquake damage, especially to poorly -designed or -built structures. In general, however, geologic conditions impose no constraints on the project. Although the project is located in an area exposed to geologic hazard, any development that could service the growing needs for urban uses in Kona must be located within such an area, and there are thus no reasonable alternatives. The project would not tend to steer development into areas where geologic hazard makes it imprudent to live, work or travel. No cumulative risk or adverse effect is associated with the project and other developments or actions in the study area. Soils and Agriculture. Other than very limited ongoing grazing associated with the ranching activities further mauka, no valuable soils, agricultural land or farms are present in the study area. None are present in the Petition Area. No soils or farming operations would be adversely impacted by the project. Flora and Fauna. As a result of its location in the lowlands and its history of use for ranching, industrial purposes, and roadways, the current flora and fauna of the Petition Area is composed almost entirely of alien species. No rare, threatened or endangered species occur on the site. To the northeast of the Petition Area is an area of valuable native species and habitat on the Kaloko lava flow, which includes a rare variety of ko'oko'olau plants. In order to protect the valuable native plants in this area, the developer will preserve a protective buffer zone within the property setback of lots created in the northeast comer of the Petition Area. Indirect impact to aquatic biota in the ponds and nearsbore environments makai of the Petition Area is discussed above. Visual Character. Coastal areas of Honokohau and the National Park have expansive views of the forested slopes and summit of Hualalai. The topography of the area is such that the scenic views of the summit and upper slopes of Hualalai from the coastline of Honokohau will not be P';l Final EIS: Kaloko-Honokohau Business Park obstructed in any way by the proposed development. A "built" landscape of existing utility poles and lines and graded and paved areas surrounding Queen Ka'abumanu Highway intrudes into views from the mauka end of the National Park and the highway. Nevertheless, in order to minimize the potential for a disharmonious visual element for viewers from the National Park and motorists on Queen Ka'ahumanu Highway, several mitigative approaches have been employed. These include setbacks, landscaping, design elements, and height limits in the critical "first -row" of buildings, which would result in an attractive and minimally intrusive gateway for the project. Landscaping will utilize fast-growing species to provide a buffer for the early years of the project and slow-growing trees for the mature landscaping framework. Grading plans will specify a gradual, step-by-step elevation of lots mauka from the setback line, minimizing the potential for looming lines of buildings. Topographic and/or landscaping buffering are planned around the makai edge of the quarry area. Consultation with the National Park will develop landscaping themes and other visual design elements that render a harmonious connection between the two properties. Noise. Development will entail excavation, grading, blasting, compressors, vehicle and equipment engine operation, and construction of new buildings and infrastructure. These activities will generate noise exceeding 95 decibels at times, impacting nearby areas. In cases where construction noise is expected to exceed the Department of Health's "maximum permissible property -line noise levels, contractors will obtain a permit in conformance with Title 11, Chapter 46, HAR (Community Noise Control) prior to construction. DOH will review the proposed activity, location, equipment, project purpose, and timetable in order to decide upon conditions and mitigation measures, such as restriction of equipment type, maintenance requirements, restricted hours, and portable noise barriers. Heavy equipment, rock crushers, and large drills will be the dominant source of noise generated by quarry operations. Without mitigation, the maximum permissible noise level for industrial land use of 70 dBA would be periodically exceeded in a small section of the Petition Area adjacent to the quarry that is ultimately planned for industrial uses. Similarly, the maximum permissible noise level for commercial land use of 60 dBA would be periodically exceeded in a larger section of the Petition Area adjacent to the quarry. Initial buyers of lots shall receive noise model maps that depict where noise levels are modeled to be greater than 70dBA/60 dBA, thus exceeding levels permissible for industrial/commercial activities. They will be informed that industrial/ commercial activities may not be approved in such areas by DOH without sufficient mitigation such as exterior sound barriers or interior noise absorption structures, and it must be demonstrated through a professional noise study that the appropriate maximum permissible sound level will not be exceeded before industrial/commercial uses may be approved by DOH. Social. As government plans have specified and development projects have begun to fulfill, the Keahole-to-Kailua area is growing. Direct social impacts from the proposed reclassification would be minimal, because the project is not expected to create a substantial influx of population, but instead would draw employees primarily from the existing workforce. No S-5 Final EIS: Kaloko-Honokohau Business Park relocation of residences, businesses, community facilities, farms or other activities would occur because of the project. The principal social impacts - direct, secondary, and cumulative - are in the areas of economic benefits, traffic generation, and public services and facilities, and are thus discussed below. Lanihau will comply with County Affordable Housing policies. Archaeological and Historic Resources. Archaeologists identified 73 sites within the Petition Area, including traditional Hawaiian sites consisting of dryland agricultural complexes, simple agricultural features, temporary, recurrent and permanent habitation sites, a refuge cave, seven human burials, animal containment features, an ahupua'a wall and various boundary walls, two petroglyphs, a network of trails, and ahu (shrines or markers). Historic -era cattle ranching sites were also found. Development will result in alterations of the landform that will destroy some of the sites. The proposed project has been planned in close coordination with archaeological and cultural inventory to ensure that all known burials and all sites important for preservation or data recovery would be preserved in place. Mitigation will occur through preservation of each of the burials and the eight archaeological sites that were recommended for preservation, and data recovery for the 31 sites that were recommended for Data Recovery (34 sites were recommended for no further work). In order to ensure proper treatment, a Preservation Plan, a Data Recovery Plan, and a Burial Treatment Plan will be prepared in consultation with the State Historic Preservation Division, the Hawaii Island Burial Council, Kaloko-Honokohau National Historical Park, the Hawai'i State Na Ala Hele Trials Advisory Group, and other organizations. Cultural Impacts. Historical research, oral interviews, and review of natural and historical resources determined that few valued cultural, natural or historical resources exist within the Petition Area itself. The proposed project site has not been used for traditional cultural purposes in the recent memory of any of the extensive list of interviewees consulted as part of the oral history research. The only important resources appear to be certain archaeological sites and human burials important for preservation in place. With proper mitigation through preservation, as well as access to and interpretation of certain archaeological sites, there will be minimal adverse effect to cultural values. It is reasonable to conclude that based upon the limited range of resources and the proposed mitigation for impacts to all affected resources, the exercise of native Hawaiian rights related to gathering, access or other customary activities will not be affected, and there will be no adverse effect upon cultural practices or beliefs. In addition to resources within the Petition Area itself, Native Hawaiians consulted for the project cited water quality and the traditional visual character of the ahupua'a as valued cultural, natural or historical resources elsewhere in the two ahupua'a of Honokohau and adjacent areas that had the potential to be indirectly impacted, particularly through the cumulative effect of the sum of projects in existence or proposed for development. Mitigation that would avoid or minimize impacts to these resources is discussed above. Economic. A market analysis demonstrated that the Petition Area enjoys an appropriate and exceptionally competitive location between two existing industrial business park with frontage S-6 Final EIS: Koloko-Honokohau Business Park location on the emerging Kailua-Kona to Keahole industrial/commercial corridor highway. It is a natural in -fill site that has already demonstrated the ability to support a quarry/heavy industrial operation, and it will complement existing and proposed industrial/business uses nearby at Honokohau, Kohanaiki and Kealakehe. By every market perspective, the Petition Area is a favorable location for the proposed use. The project would provide considerable benefit to consumers through widening competition, and no adverse market impacts are expected. The subdivision, infrastructure development, building improvements, and business operations of the project would create 174,683 worker years of employment during the 34 years required to build -out the project, paying total wages in excess $5.2 billion in year 2000 dollars. Thereafter, the operating business would generate 6,915 permanent jobs on site and an additional 3,357 off- site jobs, with total annual wages of $298.75 million. The project would lower unemployment in the construction trades by 15 to 25+ percent during its building process, and the permanent on- site employees would represent about five percent of the total county workforce three decades hence. The direct economic impact of the undertaking would total more than $5.2 billion during the development time -frame, with indirect impacts of more than twice this amount as the capital, wages and profits flow through West Hawai'i. The operating business would collect an estimated $839 million annually in gross revenues. The development would result in significant expenditures that would favorably impact the West Hawai'i economy on both a direct and indirect basis, increasing the level of capital investment and capital flow in the region, which would in tum create employment and widen the tax base. The economic impact is highly beneficial and requires no mitigation. As with most large scale privately -built industrial/commercial projects, the subject development has the potential to be a major net contributor to the tax base of the State and Hawaii County. The net benefit to the State at completion after 34 years would be from $50.2 to $58.2 million per year, and to the County it would be from $5.05 to $6.48 million annually. Individually, each of the three phases of the park would generate a net revenue benefit for both the County and the State, and in no single year would there be a shortfall by either governmental entity. Traffic. The Traffic Impact Analysis Report (TIAR) used figures from the Hawai'i Long Range Land Transportation Plan to estimate the base average daily traffic on Queen Ka'ahumanu Highway and Mamalahoa Highway, which was forecast to rise at an annual rate of about 3.5 percent. In order to be conservative, the TIAR then added traffic that would be generated from both the proposed project and all other developments in the Hina Lani Street area that would likely be operational by the years 2010 and 2020. The TIAR then factored in those roadway projects that are likely to be implemented (independent of the proposed project) in the next 20 years, by the State of Hawai'i, County of Hawaii, or by adjacent developers. Level of Service (LOS) was used to qualitatively evaluate traffic conditions. With the basic traffic levels and network configuration assumed, the traffic Levels of Service (LOS) - which ranges from ideal "A" to unacceptable "F" - for various intersections were calculated using a traffic model. Where project -related deficiencies appeared to exist, lane additions or adjustments were developed to arrive at satisfactory LOS. S-7 Final EIS: Kaloko-Honokohau Business Park The peak hour increase in vehicles generated by the year 2020 by the proposed Kaloko- Honokohau Business Park is expected to impact traffic on existing roadways in the area. The traffic improvements recommended in the EIS, which include extending various roadways and adding left- and rigbt-tum lanes or acceleration/deceleration lanes, would mitigate these impacts and result in overall improvement as compared to No Project. Although not all intersections would improve in LOS, and some would decline, the project would improve LOS for the major intersections of Queen Ka'abumanu Highway with Hina Lani Street and Kealakehe Parkway. Air Quality. Several mitigation measures are proposed for construction impacts. A dust control plan will be developed that involves watering, limiting disturbed area, applying chemical soil stabilizers, mulching and/or using wind screens as necessary. Open -bodied trucks will be covered when in motion if they are transporting materials that could be blown away, and road cleaning or tire washing will be done as appropriate. In addition, heavy construction equipment will be moved on-site during periods of low traffic volume Project traffic would impact regional air quality only minimally, but models indicate that air quality impacts near intersections could approach, and in some worst-case situations exceed, State (though not national) standards. This is common at intersections in urban areas. As the nature of land use in this area of Kona means that sensitive land uses or receptors are not likely to be present within or directly adjacent to the actual intersections, no adverse impacts would likely occur and no mitigation is necessary. Certain commercial and industrial operations have the potential to generate adverse air quality impacts. The analysis of such impacts and the mitigation measures used to avoid or minimize them are developed at the time specific facilities are proposed, when the activity must obtain a permit from the Hawaii Department of Health. Detailed information must be provided by the applicant concerning the type and nature of any air pollution emissions and the emission control technology that would be utilized. Depending on the magnitude of the project emissions and other factors, air quality impact analyses and/or air quality monitoring and mitigation measures may be required before the application to construct/operate is approved. Indirect air quality impacts may result from electrical power generation and solid waste disposal. The estimated indirect emissions from project electrical demand would amount to less than one percent of the present air pollution emissions occurring on the island of Hawaii, even if all power is assumed to be derived from oil. Solid waste impacts would be very minor. Considering that criteria pollutants in Kona are all within national and State standards, the project would not individually or cumulatively generate adverse air quality impacts from power generation or solid waste disposal. Utilities and Energy. GTE Hawaiian Tel currently provides telephone service for the area from the switching facilities in Kailua-Kona, with trunk cables on the 69 Kv lines along the east side of State Highway 19. No cable television service is currently present near the Petition Area. S -e Final EIS: Kaloko-Honokohau Business Park Electricity is provided by Hawaii Electric Light Company (HELCO), a privately owned utility company regulated by the State Public Utilities Commission. HELCO's Keahole generating plant, along with generating facilities in East Hawaii, provides electricity for West Hawaii. The project's peak electrical demand when fully developed would reach 6,500 kilowatts, with an average annual electrical demand of about 28 million kilowatt-hours (kWh). HELCO's current strategy for meeting the rising energy needs of the next 20 years involves 141 megawatts (MW) of new generating capacity, which will be achieved through a combination of conventional power plants (oil and coal fired), with an unknown portion of renewable energy (solar, wind, hydroelectric, geothermal, and ocean thermal energy conversion). It is likely that legislation will be passed within the next five years requiring Hawaii utilities to maintain a renewable energy portfolio in which various renewables jointly provide a set proportion of the load. The Petition Area's enhanced potential for solar energy and passive strategies for cooling and lighting are recognized. It is recommended that Lanihau prepare a detailed energy information packet for all prospective tenants and initial lot buyers. The packet would provide a basic overview of the energy issues including photovoltaic opportunities, solar water heating, passive and active energy conservation strategies, and "designing for solar" (i.e., planning buildings and parking lots to accommodate potential solar facilities and avoiding the need for future retrofits). It would also provide contact names and numbers for private sector, government, and non- governmental organizations that can provide assistance and information. This may prove especially useful to out -of -State prospective tenants who may be unaware of Hawai'i's unique climatic conditions and high energy costs. This information would allow tenants to plan buildings that account for both the challenges and opportunities of the high insolation environment, at the same time contributing to energy efficiency of the island as a whole. Water Supply. Existing water infrastructure is present near the Petition Area. For facility planning purposes, the DWS Water System Standards were applied to projected uses, resulting in an estimated demand of 1,120,000 gallons per day (GPD). This figure will be used to assist engineers in sizing storage and transmission facilities, and will be used by the County in assessing the amount of aquifer and water system capacity that the proposed project would involve. However, based on very similar land use elsewhere in Kona, along with information from the existing quarry and related operations, it is estimated that upon full development of the Petition Area, a more realistic average daily water demand would be 367,000 GPD. Additional water improvements would be required to serve the Petition Area at full build -out. These improvements would include source, transmission and storage facilities, which would be coordinated with the Hawaii County Department of Water Supply and developed in accordance to their standards and requirements. Wastewater. There are currently no sewer lines serving the Petition Area, and most businesses in the adjacent Kaloko Industrial Park are on cesspool sewage systems. The State Department of Health (DOH) requires new developments to utilize either septic systems or a sewage treatment plant (STP). The nearby Kealakehe Wastewater Treatment Plant currently has 5.3 million gallons S-9 Final EIS: Kaloko-Honokohau Business Park per day (MGD) of treatment capacity and is operating at approximately 20 percent of this capacity. The Hawai'i County Department of Public Works has initiated planning for the extension of the sewer collection system north to provide service to the Kaloko-Honokohau National Historical Park and developments to the north, including the Petition Area and the Kaloko Industrial Park, although there is no firm implementation plan or schedule. For wastewater facility planning purposes, the Hawaii County Department of Public Works Wastewater Design Standards were applied, which resulted in a flow of 896,000 gallons per day (GPD). These figures will be used to assist engineers in sizing lines, pumping facilities, etc., and will also be used by the County to determine bow much of the sewage treatment system's capacity the proposed project would utilize. However, based on analysis of existing and similar land uses in Kona, a more realistic average wastewater flow would be approximately 200,000 GPD. Until the sewer lines are extended to connect to the Kealakehe WWTP, wastewater disposal will be in accordance with Chapter 62, HAR., which requires use of individual wastewater treatment systems (]WS) in unsewered areas, including septic tanks or aerobic units In preparation for eventual connection to the Kealakehe STP, Lanihau will build sewer lines as part of the subdivision infrastructure and is committed to working with the County to extend the sewer system to the Petition area, including participating on a fair and equitable basis in an improvement district. Solid Waste. Solid waste is disposed of at the County of Hawai'i's Pu'u Anahulu landfill, about 18 miles north of the Petition Area. In 1993, the initial 30 -acre increment of the 300 -acre landfill was opened with a projected capacity of six to 11 years. Additional 30 -acre increments are expected to be required every five years thereafter. The former Kailua (Kealakehe) Landfill is presently used as a transfer station where refuse collected from residential areas is compacted for transport to the Pu'u Anahulu landfill. In addition, there is a green waste facility within the study area that currently accepts vegetation matter generated in the West Hawaii region. It is anticipated that this green waste operation will continue during the foreseeable future. No substantial impact to the municipal solid waste collection and disposal system are anticipated during construction and operation of the proposed development. It is anticipated that refuse from the Petition Area would be collected by private services that would transport the waste to the landfill and green waste sites. The landfill at Pu'u Anahulu is expected to have the capacity to handle municipal solid waste from West Hawaii for the foreseeable future. Waste management strategies are evolving rapidly, and it is expected that less land -intensive, locally based solutions will emerge within the next two decades to help solve the solid waste problem in Hawaii. Final EIS: Kaloko-Honokohau Business Park Police, Fire, Emergency, and Medical Services. Any new development brings with it demand for such services, as police must respond to traffic accidents and criminal complaints, and fire and emergency personnel must respond to fires, hazardous material situations, and medical emergencies. The economic impact analysis determined that the project would annually induce additional police services worth $188,750, fire protection services of $189,000, and emergency medical response services of $78,000. These levels of increase are not substantial, and would not burden the police, fire, emergency, and hospital systems. It is important to note that substantial real property and other taxes would enable improvement and expansion of such services. Recreation and Educational Facilities and Services. No significant impacts on recreational or educational facilities or services would occur, because the project would not create a substantial influx of population, but instead would draw employees primarily from the existing workforce. Impacts from any new residents drawn to the area by employment in the project's businesses would presumably be mitigated by the considerable State and County taxes that business sales and employment would generate, which result in a highly favorable benefit/cost ratio. No adverse impacts to the noise, air quality, or traffic, or any other aspect of the environment for nearby Kealakebe High School students, teachers, staff and parents, would occur. In particular, it should be noted that implementation of the project and its associated traffic mitigation measures would improve Level of Service at the intersection of Kealakehe Parkway and Queen Ka'ahumanu Highway, which provides access to the high school. CONSISTENCY WITH GOVERNMENT PLANS AND POLICIES Hawaii State Plan. The proposed reclassification is highly consistent with the goals, objectives and policies of the Hawaii State Plan calling for continued expansion and diversification of economic activities and opportunities. It also supports the goals, objectives and policies related to protecting the environment and scenic and historic resources by providing for proper avoidance or minimization of adverse impacts. State Land Use Law. HRS Section 205-2 requires the Land Use Commission to group contiguous land areas suitable for inclusion in one of these four major districts. It further provides that in establishing the boundaries of urban districts, those lands that are now in urban use and a sufficient reserve area for foreseeable urban growth shall be included, and that in establishing the boundaries of the districts in each county, the Land Use Commission shall give consideration to the master plan or general plan of the county. In accordance with HRS Section 205-17, in its review of any petition for reclassification of district boundaries, the Land Use Commission must specifically consider certain decision making criteria. The proposed reclassification meets all applicable criteria. Coastal Zone Management Act. The proposed reclassification has implications for a number of CZM objectives. Historic resources of significance would be protected and preserved under a plan approved by the Hawaii State Historic Preservation Division. Although coastal open space is not in any way impacted by the project, any development in the area has the potential to impact Final EIS: Kaloko-Honokohau Business Park views of and from the coastline. The proposed project includes design elements that ensure minimal interference with such views. Coastal ecosystems in the area are dependent upon the preservation of water quality in groundwater, anchialine ponds, and marine waters. Hydrological modeling indicates that water quality alterations would not adversely impact the biota if mitigation measures are implemented and properly enforced. Coastal economic uses and coastal hazards would not be affected. Managing development is accomplished through the review procedures that accompany a Petition to Amend a Land Use District Boundary, including this EIS. Given the substantial commitment to mitigation measures, the proposed reclassification would not substantially impact these coastal zone resources and appears to be consistent with the objectives of the program. Hawaii County General Plan. The proposed reclassification is highly consistent with the goals, objectives and policies of the General Plan. The Petition Area is well served by existing infrastructure and is strategically located along a major thoroughfare. The proposed industrial and commercial activities would support the stability of existing economic sectors such as tourism and also provide a good location and setting for support businesses for burgeoning sectors such as ocean -related technology. The improved economic opportunities would be compatible with the County's natural and social environment and would help diversify the County's economy by strengthening existing industries and attracting new endeavors. It would also support goals, objectives and policies related to protecting the environment, pollution prevention, and scenic and historic resources. Water quality effects can be limited to levels that do not cause adverse impacts through enhanced wastewater treatment and eventual connection to the Kealakehe Wastewater Treatment Plan, as well as implementation of Best Management Practices for non -point source runoff. Given this, direct and indirect effects to biological resources would be negligible. Historic resources would be protected through ensuring that known burials, and all historic sites that have been determined to be significant for preservation, would be preserved. The area is between two other commercial -industrial areas, and does not represent an intrusion of development into a pristine landscape, because the area has a long history of quarrying and related industrial activity. It takes advantage of existing and proposed road, water and sewage facilities. Proposed design and landscaping would provide an attractive roadway frontage with a landscaped buffer that mitigates the "industrial" look and does not conflict with views from the National Park to the scenic summit and upper slopes of Hualalai. Furthermore, the proposed reclassification is consistent with the regional plans for the area, which call for development of this area in mixed industrial and commercial uses. General Plan Land Use Pattern Allocation Guide Map. The Petition Area has been designated as "Industrial" and "Urban Expansion" by this component of the Hawaii County General Plan, and the proposed development is consistent with these land use designations. Furthermore, the project would help fulfill several general objectives broadly illustrated in the Facilities Map. S -l2 Final EIS: Kaloko-Honokohau Business Park Hawaii County Zoning. The Hawaii County General Plan is also the basis for Ordinance No. 63, the County Comprehensive Zoning Ordinance, which was adopted in 1967. Zoning for the entire Petition Area is Open. Assuming approval of the Urban reclassification by the State Land Use Commission, the required zone changes for specific urban land uses would be sought. West Hawaii Regional Plan. This 1989 plan coordinated efforts among State agencies that have programs, facilities and other interests in the region in order to respond more effectively to emerging needs and critical problems, to coordinate capital improvements within a regional planning framework, and to provide guidance in State land use decision-making processes. The plan recognizes the need to develop industrial and commercial facilities in this portion of Kona. It also seeks to steer urban development away from areas in which critical natural resources such as native forest, valuable agricultural lands, and sensitive coastal waters would be adversely impacted. The proposed project is highly consistent with the West Hawaii Regional Plan. Keahole to Kailua Development Plan. The Petition Area has been designated for "Limited Industrial' uses in this 1991 plan by the Hawaii County Planning Department. The proposed uses within the Petition Area are consistent with the Land Use Plan of the Keahole to Kailua Development Plan. This plan specifically calls for the expansion of the industrial uses in the general area to include the Honokohau Lands. State Land Use District Boundary Review. The Office of State Planning in 1992 recommended that the area be reclassified from Conservation to Urban as part of the proposed Keahole to Kailua Urban area (Recommendation No. 34). The proposed project is a fulfillment of that recommendation, which recognized the ongoing use of the area for quarrying and related uses, and also the importance of providing a sufficient supply of lands zone for industrial/ commercial uses. Since 1992, the need for such lands has become greater, and the recommendation is more valid than ever. UNRESOLVED ISSUES No unresolved issues exist. S-13 Final EIS: Kaloko-Honokohau Business Park PART 1: INTRODUCTION 1.1 Applicant and Accepting Authority LanihauPry, LLC, (hereafter referred to as Lanihau, which will also refer to legal „ccessors and assigns for the purooses of the EIS) seeks to reclassify to Urban 336.984 acres of land that are currently within the State Land Use Conservation District in North Kona (Figs. 1-1 and 1-2). This action requires compliance with the Hawaii Environmental Policy Act (HEPA, Chapter 343 Hawaii Revised Statutes) and approval from the State Land Use Commission, which is the Accepting Authority for all documents during the Environmental Impact Statement process. 1.2 Location and Ownership The subject properties that contain the area requested for reclassification are identified by TMKs 7-4-8:13 (por.) and 30 and are owned in fee by Lanihau. The portion of these properties requested for reclassification (see Fig. 1-1) has the following boundaries: • Makai (Western): Queen Ka'ahumanu Highway, at an elevation of 40-75 feet above sea level; Mauka (Eastern): Approximately 6,000 feet mauka of the highway at an elevation of 280-320 feet, abutting open land; Southern: McClean's Honokobau Business Park and the Taylor/Isemoto/Kona Trans industrial development (all of which will be collectively referred to hereafter as the existing Honokohau industrial developments); the McClean Honokohau Properties' proposed Pau Hana residential development; and open land; Northern: Kaloko Industrial Park and open land The area requested for reclassification will be referred to throughout the EIS documents as the Petition Area. 1.3 Historic Perspective The abupua`a of Honokohau Nui and Iki„ in which the Petition Area is located, are two of twenty-three ancient ahupua`a within the 'okana (ahupua'a sub -region) of Kekaha-wai- 'ole. The place name "Hono-ko-hau” may be literally translated as "Bay -of -wind -born - dew." Traditional and historic oral accounts and literature describe Honokohau as among the favored lands of Kekaha. The fresh watered shores of Honokohau, the fishponds of `Aimakapa, `Ai`opio and other ponds such as Kahinihini'ula; salt making locations and the rich ocean and near -shore fisheries; the inland agricultural field systems; and the diverse forest and mountain resources attracted native residents to the area, and sustained them on the land. 1-1 1� TRUE N" .. .... ..... A, STUDY AREA PREPARED FOR: LANIRAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. SOURCE.- U.S. GEOLOGICAL SURVEY LAIAK EME VASIEWAM TREATMENT PLAN 10Kno I PLLOPIAENT OKOHAU M BOATMAR190ft 10. Soo a loco 2000 )DOC SGLE 1. FEE, KALOKO-HONOKOHAU BUSINESS PARK HONOKORAU 1ST & 2ND NORTH KONA, HAWAII FIGURE # 1 -1 U E .1 PAGE NO. 1-2 Zj mmic Nonni � STATE LAND USE MAP PREPARED FOR: IANIFIAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD• SOURCE: IAND USE COMMISSION KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU IST & 2ND NORTH KONA, HAWAII FIGURE # 1-2 PAGE NO. I -S Final EIS: Kaloko-Honokohau Business Park Records for the Land Commission Awards (LCA) conferred at mid-century indicate that the 2,653 acres of ahupua'a of Honokohau Nui were awarded as LCA 11216 to Mikahela Kekauonohi, great-grandaughter to Kekaulike (ruler of Maui); The 480 acres in Honokohau Iki were awarded as LCA 9971 to William Pitt Leleiohoku, a son-in-law of Kamehameha. Subsequent kuleana awards, none within the Petition Area, were granted to eleven individuals. During the 19'" century, contact with Westerners began to greatly influence land use. Missionary census data document a decline in population throughout North Kona, part of the tragic depopulation of the Hawaiian Islands. Cattle, first introduced to Hawaii by Captain George Vancouver in 1793, soon became feral and abundant. Cattle hunting became necessary to reduce the depredations to gardens and orchards, and cattle hides and tallow became a new island industry. Organized cattle ranching was initiated in Hawaii about 1820. The Petition Area was in the lower and least favorable reaches of land considered suitable for ranching. H.N. Greenwell acquired a large extent of property in Kona in the late 1800s, and the story of the Honokohau ahupua'a thereafter is inextricably tied to the ranching activities of the Greenwell family. By 1929, as many as 10,000 acres were grazed, and cattle bound for Honolulu were herded to Napo'opo'o for trans -shipment. The Greenwells also leased land for dairy farming and coffee cultivation, well mauka of the Petition Area, which was little used at that time. At Honokohau on the coast, meanwhile, a village with homes, a chapel and schoolhouse persisted until about 1920. H.N. Greenwell's three oldest sons inherited much of his holdings, which had for years been operated as three separate sections of the ranch. Frank Greenwell's portion included Honokohau I, and his holdings were later expanded to include an interest in Honokohau U. In 1968, Frank Greenwell's holdings were reorganized as Lanihau Corporation, which held title to the Honokohau makai lands, and Palani Ranch Co., Inc., which continued the family's cattle operation, primarily on mauka lands. In the 1970s the Queen Ka'ahumanu Highway was built across the Honokohau lands, providing access between coastal Kona and Kohala and stimulating the visitor industry. When the right-of-way for the highway was acquired, Lanihau acquired title to that portion of the Mamalahoa Trail that crosses Honokohau in order to ensure that the highway frontage would be fully developable. The holdings of both the Lanihau Corporation and Palani Ranch were passed on to Frank's three sons, Robert, Radcliffe, and James M., who in 1986 separated their interests. The lands makai of Queen Ka'ahumanu Highway were conveyed to the Robert Greenwell branch, who sold the lands a few years later to the federal government to form the Kaloko-Honokohau National Historical Park. The James M. and Radcliffe Greenwell branches of the family formed Lanihau Partners, L.P., and retained title to the Petition Area, among other lands. Ownership of the Petition Area has remained essentially the same since 1986. 14 Final EIS: Kaloko-Honokohau Business Park Portions of the Petition Area have been used by various licensees for quarrying and related activities since 1968 under a Conservation District Use Permit. Meanwhile, the Kaloko Industrial Park and the Honokohau Industrial developments were developed flanking the Petition Area. Lanihau's planning for developing the Petition Area began in 1989 and proceeded through the 1990s, conforming to the overall vision outlined in the Hawaii County General Plan (Hawai'i County Planning Department 1989) and the Keahole to Kailua Development Plan (Hawai'i County Planning Department 1991). It became evident that in light of regional growth patterns and real estate economics, it would eventually make sense to phase out ranching activities on Lanihau's agriculturally marginal makai lands in favor of urban uses. In the interest of obtaining a clear understanding of the land resources before physical land planning, Lanihau in 1990 initiated a program of extensive archaeological inventory survey and cultural resource assessment. More recently, Lanihau has opened dialogue with Kaloko-Honokohau Irrational Historical Park in order to address issues of common interest and concern. 1.4 Environmental Impact Statement Process Scoping. The preparation of an Environmental Impact Statement (EIS) begins with the scoping process. The purpose of scoping is to notify the public of the proposed action, identify issues, assess the relative significance of these issues, determine the alternatives for study, allocate the proper resources for environmental investigation, and plan a schedule for the EIS. The scoping process for this project commenced with the publication of the availability of this EIS Preparation Notice (EISPN) document in the June 8, 2000 edition of Environmental Notice of the Hawaii State Office of Environmental Quality Control (OEQC). A key element in scoping is agency and public participation. Agencies and the public are invited to provide written comments upon reviewing the EISPN. Ideally, the comments identify concerns or issues that should be addressed in the EIS, suggest resource persons or references that could provide useful information, confirm the accuracy of information presented in the EISPN, suggest alternatives, or identify persons or organizations who should be contacted because they may be affected by the project. A list of agencies, organizations and individuals to whom the EISPN was sent is provided in Section 1.3. During the a 30 -day comment period initiated by the publication of the EISPN (which was extended to July 24, 2000), 22 comment letters were received. These letters and the responses to them are included in Appendix 2. In general, the information identified by commenters has been included in the EIS where relevant, and the important issues identified by commenters has been investigated as part of the research for the EIS. In addition to the opportunity for formal public review during the EISPN process, the applicant and/or its representatives met in person or by telephone with agencies and 1-5 Final EIS: Kaloko-Honokohau Business Park groups who have special concerns. These meetings offered an informal setting for soliciting concerns and gathering information. The following were consulted: • Hawai'i State Department of Land and Natural Resources, Historic Preservation Division • U.S. Geological Survey • Kaloko-Honokohau National Historical Park (National Park) • Hawai'i County Department of Water Supply • Hawai'i County Department of Public Works • Verizon Hawaii, Inc. • Hawai'i Electric Light Company • Kaloko-Honokohau National Historical Park Advisory Commission • Na Kokua Kaloko-Honokohau • Sierra Club, Hawaii Chapter Information provided and concerns raised at these meetings have also been included in the EIS. Draft EIS. The public had a 45 -day period to review the Draft EIS and provide comments. Informal meetings with interested groups were also conducted during this period. Final EIS. The applicant reviewed and responded to the comments received on the Draft copies of the comments and responses in Appendix 13. The accepting authority will decide whether the Final EIS meets the EIS requirements of the State of Hawai'i. 1.5 Agencies and Organizations Sent EISPN The following agencies and organizations were sent a copy of the EISPN and formally invited to be consulted as part of the EIS process: • Federal U.S. Department of Agriculture, Natural Resources Conservation Service U.S. Department of the Interior, Fish and Wildlife Service U.S. Department of the Interior, Geological Survey U.S. Department of the Interior, Kaloko-Honokohau National Historical Park • State Land Use Commission Department of Accounting and General Services Department of Agriculture Department of Business, Economic Development, and Tourism l-6 Final EIS: Kaloko-Honokohau Business Park Department of Hawaiian Home Lands Department of Health Department of Land and Natural Resources Housing and Community Development Corporation of Hawaii Office of Planning Office of Hawaiian Affairs University of Hawaii, Water Resources Research Center University of Hawaii, Environmental Center • County Civil Defense Agency County Council Department of Parks and Recreation Department of Public Works Department of Water Supply Fire Department Office of Housing and Community Development Planning Department Police Department • Organizations and Individuals Hawaii Leeward Planning Conference Kona Hawaiian Civic Club Kona Outdoor Circle Kona-Kobala Chamber of Commerce Na Kokua Kaloko-Honokohau Sierra Club, Moku Loa Group The EISPN was also made available at the Kailua-Kona, Hilo, and Waimea Public Libraries and was sent to the Hawaii Tribune Herald, West Hawaii Today and the Honolulu Advertiser. 1.6 Agencies and Organizations Sent Draft EIS The following agencies and organizations were sent a copy of the Draft EIS (*indicates a comment was received): • Federal U.S. Department of Agriculture, Natural Resources Conservation Service* U.S. Department of the Interior, Fish and Wildlife Service U.S. Department of the Interior, Geological Survey* 1-7 Final EIS: Kaloko-Honokohau Business Park U.S. Army Corps of Engineers* U.S. Dept. of the Interior, Kaloko-Honokohau Nat. Historical Park* U.S. Dept. of the Interior, Kaloko-Honokobau Nat. Historical Park Advisory Commission • State Office of Environmental Quality Control* State Land Use Commission* Hawaii State Environmental Center* Housing and Community Development Corp. of Hawaii Department of Transportation Department of Business, Economic Development and Tourism (DBEDT) DBEDT, Energy, Resources and Technology Division* DBEDT, Library DBEDT, Office of Planning* Department of Agriculture Department of Education* Department of Hawaiian Home Lands* Office of Hawaiian Affairs UH Manoa Water Research Center Department of Health Department of Health, Environmental Health Administration* Department of Defense Department of Accounting and General Services* Department of Land and Natural Resources Department of Land and Natural Resources, State Historic Preservation Division* Department of Land and Natural Resources, Comm. on Water Resource Management* • County Civil Defense Agency County Council Department of Parks & Recreation Department of Public Works* Department of Water Supply Fire Department* Office of Housing and Community Development Planning Department* Police Department* • Elected Officials Councilmember Curtis Tyler, Hawaii County Council State Senator Lorraine Inouye, State Senate District 1 State Representative Jim Rath, House District 6* 1-8 1.7 • Organizations and Individuals Kona Hawaiian Civic Club Sierra Club, Moku Loa Group Mr. Herb Lee Queen Liliuokalani Trust McClean-Honokohau Properties* S]A Partnership Verizon Hawaii Hawaii Leeward Planning Conference* West Hawaii Concrete* Final EIS: Kaloko-Honokohau Business Park Na Kokua Kaloko-Honokobau Sierra Club, Hawai'i Chapter Belt -Collins Hawai i March E. Taylor Isemoto Contracting Co., Ltd. Hawaii Electric Light Company Sun Cablevision Queen Liliuokalani Trust* • Libraries Hawaii State Library, Hawaii Documents Center University of Hawaii at Hilo, Edwin Mookini Library University of Hawaii at Manoa, Hamilton Library Legislative Reference Bureau Hilo Public Library Kaimuki Regional Library Kaneohe Regional Library Hawaii Kai Regional Library • Press Honolulu Star Bulletin Hawaii Tribune Herald Kailua-Kona Public Library Pearl City Regional Library Kahului Regional Library Lihue Regional Library Honolulu Advertiser West Hawaii Today The applicant continues to welcome assistance in identifying others who may have special information or might be impacted by the proposed project, and who should therefore be consulted in the process of preparing project plans. Comments on Draft EIS 1-9 Final EIS: Kaloko-Honokohau Business Park 1-10 Final EIS: Kaloko-Honokohau Business Park ,-Pc111rine from the nroposed project and other potential traffic sources to acceptable nem consultation with the Park. Limited ("TSA")proposes to develop Phases ill ana tv or me na,u,cu inuuaula, ra,n vn this property. Final EIS: Kaloko-Bonokohau Business Park of conditions related to wastewater treatment, stormwater disposal, pollution prevention. groundwater monitoring, regional/local transportation, financial contribution. affordable 1-12 Final EIS: Kaloko-Honokohau Business Park PART 2: DESCRIPTION OF PROPOSED ACTION 2.1 Project Purpose and Background Purpose The purpose of the reclassification and subsequent rezoning is to allow the development of the Petition Area for mixed light industrial and commercial uses and to allow the retention and expansion of the existing quarrying and quarry -related uses. Background: Existing Uses Currently, the existing quarry and related uses cover approximately 100 acres of the Petition Area. These quarry and related uses were approved by Conservation District Use Permit (CDUP) HA -66/6/12-35, which allows for eventual expansion of quarry -related activities over 261.723 acres (see App. 1), including approximately 232 acres within the Petition Area. Quarrying uses have been ongoing in this area since 1967, including surface quarrying over much of the 'a' a flows along the northern half of the Petition Area. The easternmost (mauka) portions of the Petition Area have been used for cattle grazing on an intermittent basis. The southern portion of the Petition Area supports no current land uses. Potential Demand for Project Product The Petition Area is strategically located along Queen Ka'ahumanu Highway halfway between the Kona International Airport at Keahole and Kailua-Kona. It is an in -fill property between the Kaloko Industrial Park and the existing Honokohau industrial developments. The type of land use that will be enabled by the reclassification would continue an existing use, complement and enhance adjacent activities, and interconnect the developing infrastructure grid in the area. The proposed reclassification is a logical use of a prime highway frontage site within an emerging urban corridor. Market studies conducted for the project indicate that market conditions are appropriate for mixed light industrial and commercial uses and for retention and the expansion of the existing quarry and quarry -related use of the site (see Section 4.3.4 and App. 9). After an extended period of low real estate transaction activity, the West Hawaii industrial sector is experiencing a resurgence of demand, with more than thirty subdivided lots sold or under contract in new developments since the beginning of 1999. Realtors anticipate land prices and rents to increase over the next five years. Furthermore, population and economic projections indicate that demand for industrial properties in West Hawaii will double over the next 20 years. The market study analyzed historic and prevailing market trends in the West Hawaii industrial/commercial sector, and estimated that it would take 2-1 2.2 Final EIS: Kaloko-Honokohau Business Park about 10 years marketing and exposure time to successfully absorb the 102 gross acres of industrial/mixed-use lands in the first phase and the 100 -plus acres of the quarry and heavy (general) industrial lands. The second increment, compnstng 62.6 acres of industrial/mixed-use, will require an additional nine to ten years. The final 43 acres of industrial/mixed use will be absorbed over a subsequent four to six years. The entire development will take 23 -plus years to be fully absorbed. Proiect Description Typical uses are described in Tables 2 -la and 2 -lb. The proposed Mixed Use Industrial/Commercial Area (MCX) will contain uses similar to those in Kaloko Industrial Park and the Kai]ua Industria] Area, plus additional commercial uses consistent with the County 's revised list of MCX zoning uses. According to the Hawaii County Zoning Code, the intent of the industrial -commercial mixed use zoned district is to accommodate diversified business and employment opportunities by permitt Table 2-1a Examples 01 rermittea Uses witmn the rro osea (wit -A z,oneu mistr,ct Automobile sales and rentals Repair establishments, minor Automobile service stations I Restaurants Business services Data processing facilities Financial institutions Food manufacturing and processing Home improvement centers Manufacturing, processing and packaging establishments, light Medical clinics Meeting facilities Source: Hawaii county Lomng Loae Retail establishments Sales and service of machinery used in agricultural production Schools, business Self -storage facilities Utility substations Veterinary establishments in sound -attenuated buildings Warehousing Wholesalin¢ and distribution operations ing a broad range of uses, without exposing non -industrial uses to unsafe or unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. The proposed commercial uses under consideration for the Petition Area would be well suited to an industrial/commercial mixed use area. These would include, but not be limited to, commercial uses and businesses that: (a) do not require location within a large shopping/commercial center that generates high traffic volumes; (b) cannot afford to locate in major shopping/commercial centers; (c) complement and support light industrial uses, such as business services and restaurants; or (d) are the result of an industrial start up use, which through time evolves into more of a commercial business. 2-2 Final EIS: Kaloko-Honokohau Business Park Quarry operations and related uses such as concrete pre -casting and concrete batching operations would continue for approximately 20 more years. The related activities currently occupy approximately 15 acres within the quarry area. These and other compatible industrial uses are proposed to be expanded as quarry material is depleted. Appropriate buffers will be provided between existing quarry uses (and related activities) and the proposed and existing industrial and commercial mixed uses. Excavated areas no longer yielding aggregate materials will be converted to industrial use. Lanihau is currently proposing to undertake the development of the Petition Area itself, including construction of roads and infrastructure systems and subdivision of the development lots. The finished lots will be either leased or sold, with the acquiring entity responsible for construction of buildings and other on-site improvements. Lanihau intends to finance the proposed project using a range of alternatives, including, but not necessarily limited to, equity contributions, conventional financing, joint venture partners and/or independent developers. Revenues obtained from sales/lease of the early development phases would also be available to finance subsequent phases of the proposed development. Table 2 -lb Examples of Permitted Convenience stores Automobile and truck storage facilities Automobile body and fender establishments Automobile service stations Concrete or asphalt batching and mixing plants and yards Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance Freight movers Lava rock or stone cutting or shaping facilities. Lumber yards and building material yards Source: Hawaii County Zoning Code Project Objectives Zoned Recycling centers Repair establishments, major and minor Restaurant Self storage facilities Transportation and tour terminals Truck, freight and draying terminals Utility facilities including offices or yards for equipment, material, vehicle storage, repair or maintenance, but excluding power plants Warehousing Wholesaling and distribution, including the storaee of incidental materials equipment The following objectives have been identified by the landowner for the Kaloko- Honokobau Business Park: Implement State and County plans, which identify the Petition Area for Industrial and Urban Expansion uses. Provide for expanded and conveniently located employment and business opportunities to serve the needs of existing and future Kona residents and visitors. Provide for continued use and expansion of the existing rock quarry and related uses in order to ensure a continuous supply of competitively priced building materials in Kona. Final EIS: Kaloko-Bonokohau Business Park Provide a roadway network that will interconnect the major mauka-makai arterial roads (Kealakehe Parkway and Hina Lani Street) and will supply alternative accesses for the Petition Area and neighboring areas. Provide a network of utility infrastructure, including water lines, wastewater lines, and electrical and telephone poles and lines. Engage in responsible development, by avoiding all adverse impacts when at all practical to do so, mitigating for any adverse impacts that remain, and enhancing the natural and cultural environment wherever possible. This includes developing a landscaping plan that not only minimizes visual impacts of the proposed development on the surrounding uses, including the Kaloko-Honokohau National Historical Park, but also provides an attractive gateway to the project, to the National Park, and in a wider sense, to Kailua-Kona itself. It also includes acknowledgment and careful consideration of the sensitive resources, including archaeological sites, cultural sites and practices, anchialine ponds and other coastal waters, that are present on and near the site. Furthermore, the development will provide opportunities for interpretation and preservation of historic sites. 2.3 Project Cost and Schedule The Petition Area encompasses several areas that are proposed under a preliminary Master Plan for a variety of uses according to a phased schedule. The estimated cost for the required infrastructure and improvements is approximately $9,000,000. The projected uses and schedules are depicted in the Master Plan, Figure 2-1. The proposed development will include lots ranging in size from '/2 to 5+ acres within the Mixed Commercial and Industrial area, and from 1 to 25 acres within the proposed quarry area. Preliminary development concepts envision between 30 and 50 lots to be developed in Area A (Phase 1), between 10 and 25 lots within Area B (Phase 1), between 40 and 60 lots within Area C (Phase 2) and 20 to 30 lots within Area D (Phase 3). The final lot count and lot size will depend on market conditions and demand at the time of subdivision approval. Phase 3 Development zutD* LVLVT 24 X o`O1 i®� u KALOKO INDUSTRIAL PARK STU A COSTCO KAN L N/STREET , a ij h _ 1 KALOKO-H¢NOKOHAV NATIONAL HISTORIC PARK LAND USE & PHASING PLAN PREPARED FOR: LANIHAU PROPERTIES PREPARED BY. AKINAKA & ASSOCIATES, LTD. SOURCE; LANIHAU PROPERTIES USE 0 HONOKOHAU IKI INDUSTRIAL. DEVELOPMENT PHASING SCHEDULE N<er Pluee Slee Dale A 1 2001 B 1 2001 [ 2 2010 D 1 5 2015+ KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU IST & 2ND NORTH KONA, HAWAII FIGURE # 2-1 PAGE NO. 2-5 Final EIS: Kaloko-Honokohau Business Park demand and financine. 2.4 Summary of Conformity of Proposed Action with Major Land Use Plans Land use designations contained in State and County plans are consistent with the proposed development of the Petition Area for mixed light industrial and commercial uses and for retention and expansion of the existing quarry and quarrying -related uses. The Office of State Planning's State Land Use District Boundary Review (Hawai'i Office of State Planning [OSP] 1992) recommended that the area be reclassified from Conservation to Urban as part of the proposed Keahole to Kailua Urban area (Recommendation No. 34) (Fig. 2-4). The Petition Area has been designated as "Industrial" and "Urban Expansion" by the General Plan Land Use Pattern Allocation Guide map of the Hawaii County General Plan (Hawai'i County Planning Department, 1989). (Fig. 2-2). The Petition Area has been designated for "Limited Industrial" uses by the Keahole to Kailua Development Plan (Hawai'i County Planning Department 1991) (Fig. 2-3). Chapter 5 contains a detailed discussion of individual State and County plans and designations, as well as analysis of the conformity of the proposed use with these plans and designations. 2.5 List of Permits and Approvals Required State County • State Land Use District Boundary Amendment • Underground Injection Control • State Historic Preservation Division Chapter 6E Concurrence • National Pollutant Discharge Elimination System (NPDES) • Change of Zone • Plan Approval • Subdivision Approval • Grading and Grubbing • Building Permits 2-6 0� A zz mxo 7C0� x >ccz 40 n C C� M y Z ARE RECOMMENDATIONS OF THE OFFICE OF STATE PLANNING y "'�+ :al - 71 r It •+r.r r •• k.u... 4 � r i KEATO KAILUA URBAN URBAN AREA E �A ps6p El.,f Mei � STATE LAND USE DISTRICT KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU IST & 2ND BOUNDARY REVIEW (1992) NORTH KONA, HAWAII PREPARED FOR: LANIHAU PROPERTIES FIGURE # 2-4 PREPARED BY: AKINAKA & ASSOCIATES, LTD. SOURCE: OFFICE OF STATE PLANNING PAGE NO. 2-9 Final EIS: Kaloko-Honokohau Business Park 2.6 Existing and Planned Uses in the Study Area Existing and planned uses in the general area bounded by Hualalai volcano, the shoreline, Keahole Point and Kailua-Kona (the so-called Keahole to Kailua area) form the context for both project planning and environmental impact discussion. An overview of this development is presented in Table 2-2. In very general terms, current and planned land use in this area conforms to the broad outlines envisioned in the Keahole to Kailua Development Plan (Hawai'i County Planning Dept. 1991) (Fig. 2-3). Projects actively in planning or construction in the Keahole to Kailua area are illustrated in Figure 2-5. In general, residential development is concentrated in the area surrounding Mamalahoa Highway and in subdivisions that extend makai of the highway. The Keahole to Kailua Development Plan predicted that as many as 5,774 residential units would be built within the planning area by the year 2010, an increase of 282 percent over the approximately 1,500 present in 1987. With the exception of the proposed Pau Hang development (see Fig. 2-5 , most of the planned units are located at elevations of 1,000 feet or greater, in slightly cooler and cloudier areas away from the bustle of the major highways and commercial/industrial area. A number of industrial/commercial complexes, including Kaloko Industrial Park, the existing Honokohau industrial developments, and the Honokohau Harbor area, intermittently line the Queen Ka'ahumanu Highway. Planned mauka developments will incorporate some mixed-use areas, mostly concentrating on commercial activities. Several additional industrial developments are planned, including Phases III and IV of the adjacent Kaloko Industrial Park. The major recreation/preservation use is Kaloko-Honokohau National Historical Park, which contains various significant archaeological, cultural, hydrological and biological resources on a 1,178 -acre site. Honokohau Harbor is a major facility for not only commercial but also recreational fishing, with about 450 berthing slips and also on -land boat storage. On the fringe of the Keabole to Kailua area is the Old Kona Airport State Park/County Park, which contains a number of passive uses as well as a large pavilion, a gymnasium, a swimming pool, baseball, football and soccer fields, a skateboard facility, and other active components. A number of planned communities, including the Queen Liliuokalani Trust Lands, the State of Hawaii lands, the Villages of Lai'opua, and the Y- O lands, include parks in their planned land uses. Some parks or other lands will contain small archaeological and botanical preserves. Because of low rainfall and poor soils conditions, agriculture in this area is limited, consisting mainly of fruit farming (coffee and macadamia nuts) in the moister elevations near the Mamalahoa Highway. Scattered areas of cattle grazing extend below 2-10 Final EIS: Kaloko-Honokohau Business Park Table 2-2 Existing and Proposed Lana uses, neanme IO ,tauua area Development Residential Commercial/Industrial Public Facilities family homes EXISTING The Villages of Approx. 2,000 Kaloko Industrial Park, 92 lots, industrial, Honokohau Small Boat Harbor. Existing units, including warehouse, retail, service. Kealakehe Sewage Treat. Plant. subdivisions of Existing Honokohau industrial Kona International Airport Keahole State Kona Palisades, developments, 55 acres of light 'NELHA (Natural Energy Lab) Kona Heavens, industriaUcommercial development. Kealakehe Schools Hawaii Center at West Hawai i, Kealakehe Kohanaiki Business Park, 26 light Police Station Airport Homesteads, industrial lots. Kaloko-Hono. Nat'l Park Lai'opua, etc. Honokohau Small Boat Harbor complex. Old Kona Airport Parks Mixed use commercial- residential area. Honokohau, 45 Petition Area Quarry. MAJOR PLANNED Y -O Ltd. Part- Single- and multi- Commercial. nership, 408 ac. family homes The Villages of Planned over 15-20 Neighborhood commercial. Governmental Facilities. Lai opus yrs. 4,358 -unit, 60/40 mix affor- dable/market. Keahole State Residential. Neighborhood commercial & Civic centers, employment center, lands, 2,640 ac., light industrial. golf course, parks , and U. of Hawaii Center at West Hawai i, &Keahole 526.6 m, by 2004. Airport Keahole International Airport: S 100 m , runway and terminal. McClean- 70 -unit single- Mixed use commercial- residential area. Honokohau, 45 family home and ac. active retirement. Kaloko Industrial Improved lots for light industrial and Park Phases III & industrial-cornmercial mixed uses by the IV, 100 ac. year 2010. Honokohau Conversion of existing quarry and related Industrial, 55 ac. uses to other industrial uses. Liliuokalani Residential. Retail, commercial, office. Civic, cultural, hospital, Trust(Keahuolu parks. Lands), 1,135 ac. Mamalahoa Highway. In the makai areas, Keahole Agricultural Park, located at the base of Kaiminani Street, is occupied by various nurseries, and aquaculture ventures are present at the National Energy Laboratory of Hawaii Authority (NELHA) near Keahole Point. About one-third of the land in the area is open and not planned for any immediate uses. Under the Keahole to Kailua Development Plan, these areas may be used for future urban expansion, for open space, or for other purposes. 2-11 MEIlls I Hill I / II / Unilrersi� of Hewafi Ce ler it W�st Hawaii • - —, / Urban Expansion State Lands • �/ i Hi LCO• e11bM.Cll K.M,OIa • I I • I Kau � 'Iatsmaawl MW al KeahaM WnKY Etrrpr Lahoraury a lla,rai — — --aWrodb llEUMI. _ n • Krhob Poem we"Mmile B.ra 2 u uaaeM Y.O. Ltd • i I KalokoI dustrial Park Ph. III 8 V ✓��j'�� KtlunMl P" P ' l I Kaloko • Town Cenh i /Wr{/rfe�tYWe, e Kohanaiki • Resort (Withdrawn) I I Kou � r • Macadamia Avm Existing Development • 2000 4000 8000 eWkena kealak:d Hvilaarads Queen Liliuokelani Intermediate School Trust I W4yatul Owen vicga. 1 Kealakehe 1 ' • High school I vigpe 2 u uaaeM Y.O. Ltd • i I KalokoI dustrial Park Ph. III 8 V ✓��j'�� KtlunMl P" P ' l I Kaloko • Town Cenh i /Wr{/rfe�tYWe, e Kohanaiki • Resort (Withdrawn) I I Kou � r • Macadamia Avm Existing Development • 2000 4000 8000 eWkena Scale in Feet Hvilaarads Queen Liliuokelani i Trust I W4yatul vicga. 1 Kealakehe 1 ' • High school I 1 • Pau Hana Elderty •,Kona landfill HOutinp 1 -' P Petition Buwleu Purl. olice ', • .H sl.e�l Area - • ' Kaabkehe ' WwfP \ . 1 1 ll Pan. sm,e eon wrnor I s u 1 / 1 1 Kab • `I Honokauu��, Na4mY Bay Hmic r Paow I x,ocko Pam wn.ahw.aa Pant " Willi Poid Coma Commercial/Industrial (Withdrawn) PLANNED LAND USES IN REGION PREPARED FOR: IANIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. - SOURCE: WILSON OKAMOTO & ASSOCIATES - Pacific Ocean • Proposed Development • Existing Development �Q 0 2000 4000 8000 Scale in Feet KALOKO-HONOKOHAU BUSINESS PARI HONOKOHAU IST & 2ND NORTH KONA, HAWAII FIGURE # 2-5 PAGE NO. 2-12 Final EIS: Kaloko-Bonokohau Business Park PART 3: ALTERNATIVES 3.1 Proposed Project The proposed project is described above in Sections 2.1 through 2.3 and illustrated in Figures 1-1 and 2-1. In addition to the proposed project as described in Section 2.1 through 2.3. Lanihau has Should this alternative be pursued. the Phase 3 area would be combined with the adiacent 3.2 No Action Under the No Action Alternative, the 336.984 acres in the Petition Area would not be reclassified from the Conservation District to the Urban District. The project activities specified in the Master Plan would not be implemented. The existing quarry and related activities, which are already operating under a Conservation District Use Permit that covers 261.723 acres, including the 232 acres within the Petition Area, would continue into the foreseeable future. No additional long-term impacts related to the conversion of vacant land to developed uses would occur. Similarly, none of the benefits of the expansion of employment, tax base and infrastructure networks would occur. This EIS considers the No 3-1 Final EIS: Kaloko-Honokohau•Business Park Action Alternative the baseline by which to compare environmental effects from the project. For most categories of impact, the No Action Alternative would result in no change or increase in current impacts from the existing quarry operation. Therefore, unless explicitly mentioned, discussion of impacts and mitigation will relate to the proposed project alternative only. 3.3 Other Altematives Considered and Dismissed Lanihau considered various land use alternatives for the Petition Area during the initial planning process, including residential, exclusively commercial, and combinations thereof. These uses were dismissed from further consideration based on the following: Inconsistency with Land Use Plans. The County's land use plans encourage the area to be developed for non-residential uses, with a focus on industrial and compatible uses. The Hawai 'i County General Plan LUPAG map designates the Petition Area for Industrial and Urban Expansion activities. While residential uses are allowed within the Urban Expansion designated areas, there is a potential for conflict between such uses. In addition to the General Plan, the County has prepared the Keahole to Kailua Development Plan to guide development in this region on a more detailed level. This plan also recommends the Petition Area for Limited Industrial and Urban Expansion uses. The Plan further recommends that residential uses be concentrated east (mauka) of a future Mid -Level Arterial that is located mauka (east) of the Petition Area (see Fig. 4-7 for depiction of various existing and planned roads). Consequently, residential uses would not be consistent with the adopted County land use plans for this region. Lack of Land Use Suitability. The Petition Area is not well situated for use as a major shopping/commercial center. There are existing and emerging commercial centers in Kailua-Kona Village (Lanihau Shopping Center, the Cross Roads shopping area, and the Kona Coast Shopping Center) and in the Queen Liliuokalani Trust lands at Keahuolu (Makalapua), immediately north of Kailua Village. These major shopping/commercial centers are strategically situated along the major arterial roadways, are already zoned for these uses, and are developed with basic infrastructure. Consequently, these areas have a strong competitive advantage over the Honokohau lands for regional shopping center use. Furthermore, neither residential uses nor major shopping/commercial centers would be compatible with existing and proposed future land uses in the immediate area, which include the quarry and related activities of the Petition Area, along with the Kaloko Industrial Park on the north and the existing Honokohau industrial development areas on the south. While quarry and related uses in the Petition Area will be gradually phased out in the future, in the interim they could result in conflicts with non-industrial/commercial mixed uses within the Petition Area. 3-2 Final EIS: Kaloko-Honokohau Business Park PART 4: ENVIRONMENTAL SETTING, IMPACTS AND PROPOSED MITIGATION MEASURES This chapter describes the various physical environmental and socio -cultural resources as well as existing public facilities and services, and then for each, evaluates the potential beneficial and adverse impacts of the proposed action and the mitigation measures proposed to reduce adverse impacts. Direct, secondary (indirect), and cumulative impacts are all addressed. Secondary impacts occur as a "side-effect" of a particular project, and may include impacts to air quality, water quality, noise, open space, natural vegetation, historic sites, and demands for public infrastructure. Cumulative impacts may be defined as impacts on the environment which result from the incremental impact of the action when added to other past, present and reasonably foreseeable future actions, regardless of what agency or entity undertakes the action (Council on Environmental Quality [CEQ] 1997:v). The related actions or projects in the Keahole-to-Kailua study area described in Section 2.6. 4.1 Basic Orientation to Site For purposes of the EIS documentation, the Petition Area has been defined as the actual property under consideration for reclassification, where most of the actual physical impacts will occur (see Fig. 1-1). The study area is a more flexible term, meant to provide context for resources or impacts under discussion in the Petition Area and to help evaluate impacts that potentially extend off-site (e.g., air quality and traffic). It will vary according to the resource under discussion, usually including certain portions of surrounding properties, and it may refer to a much larger area, typically the Keahole-to- Kailua area. For certain social and economic impacts, the study area will encompass as broad a region as the entire North Kona District or even all of West Hawaii. The Petition Area is a dry, rocky, sloping piece of land mauka of the Queen Ka' ahumanu Highway (see map in Fig. 1-1). It extends in elevation between about 40 feet above sea level at the highway to about 320 feet at the mauka border. The surface is pahoehoe and 'a'a lava flows erupted from Hualalai Volcano approximately 1,500 to 3,000 years ago (Wolfe and Moms 1996). The modest average annual precipitation of 15-20 inches limits soil development, and vegetation consists of an intermittent cover of mostly non- native grasses and shrubs. The Petition Area currently supports a rock quarry and related uses, including a ready mix concrete plant, an asphalt concrete plant, stockpiling, quarry and aggregate sales, and pre- cast concrete manufacturing. Under the conditions of the Conservation District Use Permit (CDUP) in force for the Petition Area, 232 acres — or almost 70 percent of the 4-1 Final EIS: Kaloko-Honokohau Business Park Petition Area — is permitted for such quarry and quarry -related uses. Much of the 'a'a flow was surface quarried over the past 30 years under the CDUP. Surrounding the Lanihau parcels are the Kaloko Industrial Park to the north and the existing Honokohau industrial developments to the south. The land mauka is used for ranching. Kaloko-Honokohau National Historical Park is directly makai of the project, extending between Queen Ka'ahumanu Highway and the shoreline, about 3,000 feet away. 4.2 Physical Environment 4.2.1 Drainage and Floodine Environmental Setting Lava flows in the drier coastal areas of Kona are not appreciably weathered or eroded and do not exhibit overland drainage systems. Precipitation rapidly percolates through cracks in the lava and descends to the level of the basal groundwater table, mixing with salt water and flowing towards the ocean as a thin lens overlying the salt water. Thus there are no intermittent or perennial streams, wetlands or special aquatic sites within the Petition Area itself. The area is classified in the National Flood Insurance Program's Flood Insurance Rate Maps as Zone X — areas identified in the community flood insurance study as having moderate or minimal hazard from the principal source of flood in the area. Impacts and Mitigation Measures The proposed project will increase the proportion of impervious surface (pavement and structures) in the Petition Area from near zero to a substantial portion of the property. Increase in impervious surface leads to increase in runoff, which, if unmitigated, has the potential to create on-site and off-site flooding. In order to prevent this, engineers will calculate the maximum amount of runoff that is likely to occur in extremely large storms, and will design roadways, gutters, drainage canals and absorption areas to accommodate these maximum flows, in conformance with Chapter 27, Flood Control, of the Hawaii County Code. Based on these drainage improvements, which will be reviewed by the Hawaii County Department of Public Works, there is little likelihood that either onsite or offsite flooding will occur. No flood hazard areas or floodplains as defined in the Flood Insurance Rate Maps (FIRM) are present in or near the Petition Area, and none will be affected in any direct or indirect way by the proposed project. 4-2 Final EIS: Kaloko-Honokohau Business Park Modified Alternative Impacts and Mitigation Measures Secondaa and Cumulative Impacts: No adverse drainage impacts would occur, and there would thus be no potential for adverse effects to accumulate with others. The project would not induce activities that would tend to cause secondary impacts to drainage on or offsite. 4,2.2 Water Resources Water quality is the issue cited as most important by many of those consulted on the project, including commenters on the EISPN. In the Petition Area itself, there is no surface water, due to its location above sea level in a dry area of highly permeable lava substrate. Over non -paved surfaces, surface runoff is rarely observed during even the most intense rainfalls. There are no wetlands located within the Petition Area. However, there is particular concern that project -related alterations to the quantity of flow and nutrient load of the groundwater, as well as contamination of groundwater with toxic substances, could adversely affect the fishponds. which are currently being restored. anchialine ponds (ponds with no open connection to the ocean) and nearshore waters of the Kaloko-Honokohau National Park ("KAHO" or "National Park") and environs, makai of the Petition Area (Fig. I-1). These coastal waters have value for maintaining a healthy aquatic biota, for historic preservation, for use and appreciation by visitors, and for the ongoing practice of Hawaiian culture. The National Parks and Recreation Act of 1978 provided for the establishment of this park to preserve the integrity of the many archaeological features and fishponds found in the area. The two principal fishponds, Kaloko and Aimakapa, are brackish bodies of water separated from the ocean by a rock wall (Kaloko) and a sand beach berm (Aimakapa). Activities associated with projects such as the proposed Business Park have at least some potential to affect groundwater, nearshore eaters and coastal ponds. Changes in the flow rate can affect salinity. If great enough changes occur, the basic ecosystems may undergo alteration. Additions of nutrients can induce eutrophication - which occurs when the lower levels of water become deprived of oxygen as a result of the decomposition of biomass (e.g. algae) produced by nutrient rich upper waters - in non -eutrophic pond waters and increase the rate of eutrophication process v<here thev already occur. Toxic 4-3 Final EIS: Kaloko-Honokohau Business Park materials such as heavy metals and synthetic organic compounds can become concentrated in the food chain of aquatic ecosystems. Accordingly, the research accomplished for this EIS focused intensively on potential effects to water quality. Investigations included the entire hydrologic cycle, from rainfall, to percolation through soil and rock to the water table, transport of groundwater to the shoreline, and finally the mixing of groundwater with pond and open ocean water. This section summarizes and integrates separate reports contained in Appendix 3 (Impacts to Water Resources, by Tom Nance Water Resource Engineering), Appendix 4 (Assessment of Effects to Marine and Pond Environments, by Marine Research Consultants), and Appendix 5 (a report on toxic substances by Masa Fujioka and Associates). These reports assessed the existing and future bio -hydrological environment in and around the study area from a perspective integrating physical, biological and engineering characteristics. The reader interested in detailed discussion of these issues is referred to these appendices. Because aquatic biology is so strongly connected to )eater quality characteristics, aquatic biota is also discussed in this section. For the Final EIS. Sections 4.2.2.2.1. 4.2.2.2.2, and to enhanced treatment for the Lanihau and TSA projects. to incorporate sample data on stormwater nutrients. and to address methodological concerns raised during the Draft EIS comment period. Given the Commission's findines in the TSA proceedine. Lanihau acknowledges the importance of disclosing the disputed nature of such analysis and conclusions. including 44 Final EIS: Kaloko-Bonokohau Business Park D&O #252 & #264). 4-5 Final EIS: Kaloko-Aonokohau Business Park Aimakapa Pond is nitrogen limited. Water bodies limited in nitrogen are at risk of i . Nutrient enrichment of coral reefs and near shore areas may affect marine -life #320). Althoueh the TSA's expert alleged that data exists to support the theory that a 4-6 Final EIS: Kaloko-Bonokohau Business Park Groundwater is N lnerable to impacts associated with industrial development and cultural resources. 4-7 Final EIS: Kaloko-Honokohau Business Park effect relationships are not fully established scientifically (See TSA D&O 165). A lack of scientific inauiry is cause for caution. in Section 4.2.2.2.5. 4.2.2.1 Environmental Setting Nearshore Waters The marine habitat near the National Park is composed of three predominant zones that run parallel to the shoreline. The shallowest zone is formed of a basaltic shoreline bench_ The coral Pocillopora meandrina is the dominant colonizer in this area of severe wave stress. Moving seaward, the flat nearshore bench terminates in a ]edge with a vertical face extending to a depth of about 25 feet, beyond which is a typical West Hawaii reef platform, with high relief. Many reef corals and other benthic fauna find this an ideal habitat. At about 50 feet in depth, the slope becomes steeper, leading to the third zone, in which the cora] is dominated by interconnected mats of finger coral (Porites compressa). Other important organisms in all zones are sea urchins, sea cucumbers, sponges, red calcareous algae, and various mollusks and crustaceans. The reef fish populations are typical of those throughout West Hawaii, and include many food fish taken by subsistence and/or recreational fishermen. Surgeon fishes, parrotfish, damselfish, and wrasses are all very common. Several species of marine animals that occur in Hawaiian waters have been declared threatened or endangered under federal law. The threatened green sea turtle (Chelonia mydas) is commonly found along the Kona Coast and the National Park is an important resting and feedine area for a large resident population of juvenile green turtles. The endangered hawksbill turtle (Eretmochelys imbricota) is also found within the National Park. Populations of the endangered humpback whale (Megaptera novaeangliae) winter in Hawaiian waters from December to April. Individuals of the endangered Hawaiian monk seal (Monachus schlouslandi), are occasionally seen in the area including in the National Park. Kaloko and Aimakapa Ponds Water in Kaloko and Aimakapa Ponds is a mixture of seaward -flowing, brackish groundwater: and landward -flowing seawater. Several smaller anchialine pools (surface 4-8 Final EIS: Kaloko-Honokohau Business Park water bodies that respond to the tides but are not directly connected to the ocean) are also present in the area. There are large differences in water quality characteristics between Aimakapa and Kaloko ponds. These are primarily the result of differences in the physical structure of the barrier between the ponds and the ocean. Kaloko Pond is separated from the ocean by a permeable rock wall, with exchange of Nvater between the ocean and pond enhanced by channels (makaha) constructed through the wall, It is near oceanic in its salinity. Aimakapa Pond; on the other hand, is separated from the ocean by a sand berm of low permeability. Its salinity is about 35 to 40 percent of the ocean's salinity. As a result, there are no sharp differences in water cbemistry between Kaloko Pond and the ocean, whereas there are substantial differences between Aimakapa Pond and the ocean. The floors of both contain sediment layers. These ponds are valuable environments with a mixture of native and non-native fish, crustacean and mollusk species, and they serve as feeding and nesting habitat for various birds. The U.S. Fish and Wildlife Service (USFWS) in a letter of July 7, 2000 (see App. 1) expressed explicit concern for avian and invertebrate inhabitants of anchialine and other ponds. In particular, they named the endangered Hawaiian Stilt, Himonoptus mexicanus knudseni, the endangered Hawaiian Duck Anas xylvilliana (which does not in fact occur in Kona, although the endangered Hawaiian Coot [Fulico alai] does), and a number of shrimp species. Metabetaeus lohena and Palaemonella burnsi are candidate endangered s e� cles, reported to be known from two anchialine ponds located within the National Park. USFWS also listed other candidate endangered shrimp species that might be present, including Antecaridino lauensis, Calliasmato pholidota, Procaris hawaiana, and Vetacris chaceorum. Such species, where present, are dependent upon maintenance of natural water quality conditions and low impact from alien competitor and predator species. In addition to these species, a number of native fish important for food and cultural practices are also found in the ponds and nearshore waters. The Orangeblack Park's anchialine Wools. Groundwater Conditions Knowledge of groundwater conditions comes primarily from wells located in the vicinity of the Petition Area (Fig. 4-1). Wells situated nearest the Petition Area include State No. 4061-01, located within the National Park, and State No. 4060-01, within the adjacent Honokohau industrial developments. Other nearby wells include State Nos. 4161-02, 4161-01, 4160-01, and 4160-02 (Fig. 4-1). All six wells draw from the basal lens and produce brackish water. State Nos. 4160-01 and 4160-02 are not currently being used. 4-9 I ' I L. I Airport I I VELHA I W3 I 1 I + � I i 14363.07 to 10 j \ L___� W-2 4462.01 Q 4461.02 W-1 Kaloko Pond 1 1 Ksloko-Horwkahau }1� National Hlstoncal / 1 Park Boundary �� 11 `1 1 Honokohau HarDi 4360.01 - 19 Kaloko lnduavial 4160-02 0.h ❑a i 4161-02 1 4061-0111 PEOTION 0' ARES 1 . , ulalie' Pond—"J 4060-01 r" 0 WWTP Disposal Pit Keelakalla VA TP 4 North 0 2000 4000 8000 Sale in Faat 17 3960.01 WELL LOCATIONS PREPARED FOR: IANIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. SOURCE: TOM NANCE WATER RESOURCE ENGINEERING 14456-01 4456.02 04356-01 4258-03 Lant Street n- Honokohau Iki Industrial Development Kashumanu Highway .04158-02 Mamalalloe Highway 04057.01 Road p3957-01 KALOKO-HONOKOHAU BUSINESS PAR.' HONOKOHAU I ST & 2ND NORTH KONA, HAWAII FIGURE # 4-1 PAGE NO.4-10 Final EIS: Kaloko-Honokohau Business Park It is important to note that the nearest wells producing potable water, State Nos. 4158-02, 4258-03, and 4358-01, are all located mauka of Mamalahoa Highway, and more than two miles inland of the Petition Area. Groundwater beneath the Petition Area and within the National Park exists as a thin, brackish, relatively slow-moving basal lens in hydraulic contact with saline water at depth. Table 4-1 a shows the baseline flow rate. nitrogen. and phosphorus values of t the National Park. Table 4 -la Raceline Groundwater Conditions Flow rate (MGD) Salinity (PPT) nitrogen (µM) NO{ Total Phosphorus (µM) PO( Total Project it Park Project t Park Project tt Park Project Park Project Sit e Park Project SIte Park F2.0 3.0 4.0 5.8 85 85 t151205.6 6.0 Source: Appendix 3, Draft EIS Further inland there is an abrupt change from the brackish basal lens to high-level ground water of exceptionally low salinity. The existence of this high-level water may be associated with a dike complex located in the vicinity of Mamalahoa Highway. number of potable water wells draw water trom tnls resource. 4.2.2.2 Potential Impacts and Mitigation The first discussion (Section 4.2.2.2.1) focuses on the potential impact of the project to the rate of flow and to the chemical composition (salinity, nitrogen, and phosphorus) of basal groundwater moving beneath the Petition Area and through the southern portion of the National Park. Section 4.2.2.2.2 then assesses the potential impact of the project on the surface water chemistry and biota of the fishponds and nearshore marine environment within the National Park. The reader is reminded that Sections 4.2.2.2.1 and 4.2.2.2.2 have been extensively rewritten for the Final EIS. Section 4.2.2.2.3 examines effects of toxic substances that could potentially migrate from the Petition Area to sensitive coastal 4 -ll Final EIS: Kaloko-Bonokohau Business Park waters. Section 4.2.2.2.4 summarizes the impacts and mitigation under the modified that are proposed. Finally. Section 4.2.2.2.6 discusses cumulative effects, considering the total impact to water resources, assuming the implementation of all current and planned development in the Kaloko and Bonokohau ahupua'a, the area that supplies the groundwater for the ]National Park. 4.2.2.2.1 Potential Impacts to Groundwater and Mitigation There are four aspects of the proposed project that have the potential to alter the existing rate of flow, salinity and nutrient levels of the groundwater: 1) Drawing potable supply from inland wells will reduce the rate of flow from the high level aquifer into the basal lens. 2) Excess landscape irrigation and external water uses will percolate downward into the basal lens. 3) The disposal of onsite wastewater during an interim period before sewer service is available will be a localized source of recharge and nutrient loading . 4) Stormwater disposed of in dry wells will enter the basal lens. Groundwater Withdrawals for Potable Use: Impacts and Mitigation The Business Park's projected use of approximately 0.367 MGD potable water would likely come from one or more of the four high level wells in the study area (Fig. 4-1). Withdrawals from any of these wells will diminish leakage of high level groundwater into the down -gradient basal lens. Based on model results from the USGS, this would reduce the flow of groundwater through the National Park by 0.055 MGD, or 2.6 percent of existing flow (see App. 3). Such a change is not considered significant, as natural variations in groundwater levels related to periodic changes in ocean levels are far greater. At the same time there will be some increase in salinity levels at both ends of the ran e. Because this quantity impact is negligible in relation to the several million gallons per day of flow, and is offset by the addition of landscape irrigation water as described below, no mitigation procedures are necessary or planned. Landscape Irrigation and Other External Water Uses: Impacts and Mitigation Most potable water that does not become wastewater would be used for landscape irrigation, dust control or other external uses. Approximately 0.029 MGD of irrigation and other water would percolate through to the groundwater system beneath the Petition Area and would then flow into the southern half of the National Park. This water would have lower salinity than the basal groundwater, and nutrient levels approximately twice 4-12 Final EIS: Kaloko-Honokohau Business Park that of the potable supply. However, because this amount of water is very small relative to the quantity of flow in the basal lense, its greater nutrient load and reduced salinity would produce almost no measurable impact. Nitrogen levels in the groundwater are calculated to increase 0.14 percent and phosphorus levels by 0.03 percent. As such, no mitigation procedures are necessary or planned. Wastewater Disposal: Impacts There may be an interim period after partial development of Phases A and B before the Petition Area is connected to the County of Hawai'i's Kealakehe Wastewater Treatment Plant (WWTP). The connection is expected to occur by about 2010 (see Section 4.4.4 for discussion of wastewater treatment plans). During this interim period, wastewater will be disposed of in individual systems approved by the Department of Health (e.g., septic tanks and ]each fields). Without enhanced treatment, there would be some potentia] during this period for nutrient -enhanced groundwater from the Petition Area to reach the ponds of the National Park. To minimize potential impacts, Lanihau has committed to require the use of an enhanced Individual Wastewater Systems (IWS), where the IWS and absorption field are designed to remove no less than 92 percent of the Total Nitrogen and to provide additional phosphorus removal. Lanihau will develop and participate in a Wastewater Treatment System Maintenance Agreement to assure appropriate operation and maintenance of the IWS. This enhanced system treats wastewater to a greater extent than required by existing laws and regulations, thereby reducing the nutrient load to the groundwater as compared to a standard septic tank and ]each field system. It is anticipated that no more than 15 percent of the ultimate total lot count would be built on and occupied before connection to the County's WWTP. Under these assumptions, about 0.055 MGD of treated wastewater would be added to the groundwater flowing beneath the project site and to the water flowing through the southern half of the National Park, carrying a relatively small load of nutrients with it. In a typical enhanced system, the septic system, ]each field, and travel through the vadose (above the water table) and groundwater zones each contribute to removal of nitrogen and phosphorus. For the purposes of calculating impacts for the proposed project (Table 4 - lb), conservative ends of removal rate ranges were used for vadose/eroundwatgr removal - - J L-- '--- L-- •L_ As Table 4-]b indicates, both nitrogen and phosphorus loading in the downgradient southern half of the National Park during the interim period (when IWS are being used) 4-13 Final EIS: Kaloko-Bonokohau'Business Park would be on the order of 0.5 percent, an essentially negligible amount well within the natural variation of the system. The County of Hawaii through its Department of Environmental Management has initiated the process to establish an improvement district to extend sewer lines into the Petition Area and surrounding lands. Lanihau is committed to participate in the improvement district on a fair and equitable basis. It is expected that County sewer lines will extend into the Petition Area by no later than 2010, and all businesses in the Petition Area will then connect to the Kealakehe WWTP. Wastewater will be conveyed to the Kealakehe WWTP, treated, and reused for irrigation. The impact of developing the Petition Area to groundwater regionally - including the Irrational Park - would be negligible following connection. Table 4 -lb Estimated Nutrient Loading to Groundwater malf of Natinnni Park_ Interim Period Point in the Process Nitrogen Phosphorus Removal Concentra(.. Loading Removal Concentrat. Loading Rate (%) (MGIL) (Lbs(Day) Rate (%) (MG/L) (Lbs/Day) Raw Wastewater to Septic Tank - - 40 18.3 - - 15 6.87 Leaving Enhanced Septic Tank 50 20 9.2 0 25 6.87 Percolating Below Leach Field 80 4.0 1.83 90 1.5 0.69 Arriving at Ponds/Pools in Park 83 0.68 0.24 94 0.09 0.025 Current Groundwater Flow - - 1.54 41.69 - - 0.22 5.85 Combined with Project Wastewater - - 1.53 41.88 • - 0.22 5.88 Percent lncreased b Pra 0.5 0.5 Stormwater Disposal: Impacts Approximately one-third to one-half of the 15-20 inches of rain that fall on the project site per year enter the groundwater system. This is equivalent to 0.15 MGD. The rest is lost to the atmosphere through evapotranspiration. Development of the site will render much of land surface impermeable to water. On the local scale, this will create surface runoff that will be collected and disposed of in dry wells and/or settling ponds, and then percolate into the basal lens. The amount of stormwater reaching the basal groundwater after development will be higher than pre -development percolation and therefore there 4-14 Final EIS: Kaloko-Honokohau Business Park design assumptions and BMP's the volume and salinity levels are not anticipated to appreciably change. Stormwater can, however, increase nutrient levels and add toxics to groundwater (see Section 4.2.2.2.3, below, for discussion of toxic materials). In order to ascertain potential nutrient loading in stormwater, research undertaken for this EIS (see App. 3) collected and analyzed stormwater from various locations in the nearby Kaloko Industrial Park. In general, the stormwater runoff samples were less saline, had less silica, less nitrogen and more phosphorus than high level or basal groundwater. Percolating runoff from stormwater is calculated to increase nitrogen and phosphorus levels in the southern half of the Irrational Park on the order of 0.1 percent, which is essentially negligible. Total Project Impacts on Groundwater Flow and Nutrients from the Proposed Kaloko- Honokohau Business Park and Mitigation No adverse effects on the quantity or quality of potable well water from any existing or proposed wells would occur as a result of the proposed project. The total reduction in groundwater flow - an estimated 2.6 percent - would occur as a result of project potable water wells withdrawing from high level aquifers. This degree of withdrawal is not considered significant, as natural variations in groundwater level related to periodic changes in ocean levels are far greater. At the same time. there will be some increase in salinity at both ends of the range. The nutrients nitrogen and phosphorus would not appreciably increase as a result of landscape irrigation (0.14 percent and 0.03 percent, respectively), wastewater disposal (0.5 percent for both, during the interim period only) and stormwater runoff (0.1 percent for both). The total increase in both nitrogen and phosphorous is less than one percent, an essentially negligible amount well within the natural variation of the system. The eventual connection to the County sewer service will largely eliminate even the small effects of the interim period, and flow rate, salinity and nitrogen and phosphorous would essentially return to the baseline levels indicated in Table 4-1 a. 4.2.2.2.2 Potential Impacts to Surface Water & Aquatic Biota Habitat Any development project has potential to impact downslope water quality. In this case, the pond and marine environments within Kaloko-Honokohau National Historical Park (National Park) are highly significant resources. Preservation, and ultimately restoration, of these ponds is an important priority for the National Historical Park and many organizations and individuals in Kona. For this reason, special attention was paid to the 4-15 Final EIS: Kaloko-Bonokohau Business Park potential for impacts from the project, as well as cumulative impacts from the sum of all projects in the area, to impact salinity, nutrients, sedimentation and toxics, as these parameters influence the biological composition and health of the ponds and nearshore waters. In order to predict the magnitude of this environmental change, baseline information on the current surface water (pond and nearshore) quality was collected, and the current contribution of groundwater to the pond and marine environments was assessed. In addition, the potential impacts of sedimentation and the release of toxic substances from construction and daily operations at the project site was examined (see next section). Salinity: Impacts and Mitigation Salinity in Aimakapa Pond is approximately 13 PPT and salinity in Kaloko Pond is approximately 33 PPT (compared to seawater, which has salinity of about 35 PPT). Thus, Aimakapa can be said to be approximately 60-65 percent groundwater, while Kaloko is about 90 percent seawater. Based on the analyses described earlier, the proposed project is not expected to have any measurable impact on the salinity of the pond or nearsbore ocean environment, and no mitigation for salinity impacts is thus necessary. Nitrogen and Phosphorus: Impacts and Mitigation Several important principles about anchialine ponds (defined as those shoreline ponds with no open connection to the ocean) are key to understanding the potential for alterations that can be brought about by changes in land use. First, anehialine ponds undergo a distinct "life history" or sequence. The initial phase of pond life history begins as depressions in lava flows below the level of the water table. At this stage, there is little or no sediment in the ponds, and water flows relatively unobstructed through the ponds. A distinct assemblage of plants and animals colonize the ponds. With time, sediments are produced in the ponds by deposited organic material (plankton and plant litter). The deposition of the sediments on the bottom of the ponds results in a series of changes. The flow of water through the ponds lessens as the spaces within the rocks that line the pond are filled. Reduced water flow reduces pond flushing, and the natural balance of the ponds is altered, changing water quality substantially. With time, infilling of the ponds can become complete, and the ponds turn into a marsh or wetland. While it appears that all ponds will proceed through such a life history, it has become evident that the process will speed up if the natural balance of the ponds is disturbed. In particular, the addition of alien species which prey on naturally occurring species in the ponds can accelerate the degradation of the ponds. 4-16 Final EIS: Kaloko-Honokohau Business Park The second major point regarding anchialine ponds concerns the concentrations of plant nutrients (primarily nitrogen and phosphorus). Because natural groundwater contains high levels of nutrients, the concentrations in anchialine ponds are normally very high compared to the ocean. A balance between the plants and animals within undisturbed ponds results in maintenance of clear water columns, even with consistently higher nutrient levels than are utilized by the plants in the ponds. The best example of this concept is the occurrence of healthy anchialine ponds in the middle of several golf courses in South Kohala. Even with the additional nutrients entering the ponds from fertilizers, the water columns are clear and the ponds are full of native pond species (particularly red shrimp, opae' ula). The key to the maintenance of these high nutrient ponds in such a healthy condition is the maintenance of the natural populations of plants and animals within the ponds. Nitrate levels are very low (<0.5 µM) in both ponds. The near absence of these inorganic nutrients in the ponds suggests substantial uptake by benthic plants and plankton within the ponds. In the nearshore marine environment, concentrations of these nutrients range between 2 µM and 6 µM, with highest levels in areas with greatest groundwater seepage, which provides a natural nutrient source. Concentrations of ammonium (NH4') generally increase moving seaward across both ponds (0.05 — 0.50 µM), and peak in the nearshore ocean (approximately 0.7 µM). The concentration of inorganic phosphorus (PO;') in all pond samples was greater than for nitrate and nitrite. Organic forms of nitrogen and phosphorus (DON and DOP) are present in substantially higher concentrations than inorganic forms in both ponds. Furthermore, levels of these nutrients are 3-6 times greater in Aimakapa pond than in Kaloko pond, which has levels similar to the nearshore marine water. There is a high rate of decomposition and insufficient organisms that can use these organic nutrients. In addition, the residence time of water in Aimakapa Pond appears to be far longer than the nutrient cycling period, resulting in the continual buildup of organic materials. project is projected to elevate the nutrient concentration (both nitrogen and phosphorus) by less than one percent in the groundwater moving under the southern half of the National Park (see Section 4.2.2.2.1, above). The very slight nutrient increases are within the natural variabiliri of the system and will not result in significant changes to the biota of the ponds or nearshore ocean. Sedimentation: Impacts and Mitigation A potential mechanism for negative impact to nearshore marine and pond systems is 4-17 Final EIS: Kaloko-Honokohau Business Park increased sedimentation from surface runoff and wind as a consequence of grading and changes in land use. Increased sedimentation in the surface water bodies makai of the proposed project is highly unlikely for two reasons. First, surface water runoff has rarely, if ever, been observed in the area due to the highly porous nature of the underlying basalt. Second, thermal convection from solar heating of the land mass produces wind that predominantly blows inland. This would transport most project -related dust away from coastal areas. It is important to note that the Petition Area is separated from the ponds and the coast by 3,000 feet of nearly flat lava fields and that stormwater runoff will be required to be contained onsite. It is thus highly unlikely that measurable amounts of sediment would reach these surface water bodies. Any small additional inputs of sediment from construction activity are not likely to affect organisms in that area, thus no mitigation measures are necessary to reduce sedimentation. Total Project Impact on Flow Rates, Salinity, Nutrients and Aquatic Biota As discussed above, based on the mitigation measures to be implemented by Lanihau the effects of alterations in flow, salinity changes, sedimentation, and nutrients are expected to be within the tolerance of the existing ecosystem. It is therefore unlikely that project - related changes in these factors would impact aquatic biota in Kaloko and Aimakapa Ponds. As for nearshore waters, mixing with ocean water will almost immediately transform the groundwater, which will have undergone relatively minor changes in salinity and nutrient levels, to a composition completely within the range of normal ocean water in Kona. There is therefore no reason to expect that project related alterations of groundwater flow, salinity, sediment or nutrient levels will lead to adverse water -related impacts upon the nearshore or marine environment or any particular species. Impacts to aquatic birds inhabiting or using the ponds of the National Park are also expected to be minimal. As birds were investigated as part of the faunal report commissioned for the Petition Area, they are discussed in Section 4.2.5, below. 4.2.2.2.3 Potential Impacts from Toxic Substances and Mitigation 4.2.2.2.3.1 Potential Impacts from Toxic Substances A variety of chemicals that have adverse impacts on the health of plants, animals, humans even at fairly dilute levels are classified as toxic substances. Toxic substances include petroleum-based hydrocarbons, synthetic organic compounds found in pesticides, heavy metals, and radioactive substances. Toxic substances are often constituents of very commonly used substances such as gasoline, household cleaning fluids, weed -killers, and batteries, and they can enter sensitive waters through improper handling and disposal. Biologists and health specialists have studied the effects of many such toxic substances 4-18 Final EIS: Kaloko-Bonokohau Business Park and determined levels below which there appears to be little risk in terms of mortality or health. The U.S. Environmental Protection Agency and the Hawai'i State Department of Health maintain lists of such standards and regularly sample drinking water wells and some ponds, streams and coastal waters to guard against these often invisible menaces to human health and natural ecosystems. Toxic substances are often removed from or neutralized in surface or groundwater or soil through treatment or natural bioremediation. in order to address potential impacts from toxic substances entering the groundwater, an engineering firm specializing in toxic substances was commissioned to prepare an evaluation of potential hazard and recommend mitigation measures to avoid or minimize such risks. The report is attached as Appendix 5, and is summarized below. The assessment focused on potential effects of industrial pollutants on the underlying groundwater and the ponds. The following were assessed: • Types and magnitudes of releases of potential contaminants. • Characteristics of the subsurface environment and effects on migration, retardation, and subsurface remediation of potential contaminants. • Characteristics of potential contaminants and effects on the likely fate of the contaminants in the subsurface environment. • Based on the above, analytical assessment, using qualitative analytical modeling, of likely environmental fate of potential contaminants with regard to subsurface migration, retardation, and remediation. • Comparison of the results of analytical assessment with available groundwater monitoring results. Potential Contaminants Based on Allowable Land Uses The most likely releases to the environment from the type of land uses planned for the proposed business park are petroleum or petroleum-based products, including gasoline and diesel fuels, motor oil, and solvents. Release would most likely occur when non - point source accumulations — such as relatively small quantities of residues on parking and maintenance areas — are washed by rainfall and percolate into the subsurface. Because such residues are exposed to air and the sun, they typically undergo significant evaporation and biodegradation during the course of accumulation. Most of the chemical pollutants that are typically mobile in the subsurface environment are therefore actually removed prior to washoff and percolation. A release from a subsurface or surface petroleum storage tank could pose a significant threat, but would be unlikely under current environmental controls and regulations. Nevertheless, this assessment includes a hypothetical "worst-case" analysis of just such an event. 4-19 Final EIS: Kaloko-Honokohau Business Park Underground storage tanks (USTs) could be found at gas stations, contractor yards, and light manufacturing facilities. A large food manufacturing facility may also store vegetable oils. There would typically be only limited use of USTs in the type of industrial/commercial development envisioned for the Kaloko-Honokohau Business Park. At the neighboring Kaloko Industrial Park, records indicate only four USTs, all used for gasoline and diesel. According to the State Department of Health (DOH) UST Section, a 1,000 -gallon tank had been leaking and was removed in 1998, and was cleaned up to DOH's satisfaction. Both underground and surface storage of petroleum are strictly regulated by federal and State laws. The requirements for monitoring of storage tanks and the requirements for spill prevention control and countermeasures (SPCC) plans make it highly unlikely that large releases would occur without containment. The worst case scenario would be the rapid release of a tank's entire petroleum volume, typically 5,000 to 10,000 gallons, followed by rapid percolation into the subsurface environment. Hydrogeologic Characteristics of the Subsurface Environment. The ground surface in the Petition Area consists of thin -to -no -soil over basaltic lava flows. As a result there is a very high rate of water percolation which results in no surface runoff even during intense rainfalls. All rainfall either evaporates or enters the subsurface regime. With the combination of high infiltration rates and a highly permeable subsurface, groundwater flow is characterized by high rates of flow and high flow velocities, generally towards the ocean. Fresh water tends to become somewhat mixed with salt water and flows towards the ocean as a thin lens overlying the salt water. The subsurface regime is highly conducive to the flow of single phase fluids such as air and water. Lava flows generally are bedded at a slope which approximates the surface slope of the parent volcano, in this case Hualalai. Clinker zones, consisting of highly porous and permeable gravel, are often found between very recent lava flows. With depth and age, the clinker zones tend to become more compressed and weathered. As the volcano gets older, lava flows become sufficiently infrequent that thin soil layers may form between lava flows. However, the frequency of Hualalai eruptions is likely sufficient to have prevented significant formation of soil between lava flows. The geologic bedding slopes downward towards the ocean and tends to preferentially direct groundwater flow seaward. The hydraulic gradient is also towards the ocean, as landward sources of groundwater, primarily inland rainfall, flow seaward. Air moves rapidly within the subsurface rock in the zone above the water table because of the high permeability of the basaltic rock and clinker zones. Air plays an important role 4-20 Final EIS: Naloko-Bonokohau Business Park in evaporating volatile organic constituents and degrading less volatile constituents. Unlike many subsurface soil regimes, where the lack of oxygen produces anaerobic conditions unsuitable for petroleum degradation, the naturally rapid flow of air in the subsurface of the Petition Area means that the availability of oxygen generally would not constrain subsurface degradation of petroleum. Subsurface movement of petroleum hydrocarbons is much more complex than the flow of groundwater or air. Petroleum is generally immiscible (does not blend) with water with the exception of the soluble constituents of petroleum hydrocarbons. When found together, petroleum and water tend to form separate phases of flow. The flow down to the groundwater table is an example of a multi -phase flow consisting of simultaneous petroleum, air and water flow. Upon reaching the groundwater table, petroleum tends to Dow laterally on top of the groundwater. Because air is always present near the top of the groundwater surface, the flow remains a multi -phase flow of air, water and petroleum. Petroleum flow is inhibited in this subsurface regime for a number of reasons: (i) Water has preferential wetting characteristics over petroleum, and petroleum therefore tends to flow more slowly than water; i.e. the petroleum has a greater tendency to adsorb to the rock and gravel it is moving through than does water. The presence of air near the groundwater/air/petroleum interface tends to inhibit the flow of both water and petroleum at and near the interface. The permeability of a porous medium for a particular fluid is generally lowered in the presence of air. (iii) The high tidal reaction of the groundwater regime tends to move the floating petroleum hydrocarbons up and down resulting in a relatively large "smear" zone at the groundwater surface. More petroleum is left adsorbed to the rocks and gravel within the smear zone. This also further exposes the petroleum to air and promotes volatilization and degradation. (iv) The downward bedding which facilitates groundwater flow actually inhibits petroleum flow. Bedding planes intersect the groundwater table and petroleum, which generally can only flow laterally along the water table and cannot flow downward along the bedding plane, has a tendency to become trapped in pockets where relatively solid basalt intersects the water table. Typically, an 'a'a basalt formation consists of 25-50% solid basalt, with some fracturing, interlayered with clinker zones. 4-21 Final EIS: Kaloko-Honokohau Business Park Contaminant Migration Characteristics Petroleum products are complex mixtures of hydrocarbons. Each constituent in a petroleum mixture has different physical and chemical characteristics that control its behavior in a soil system. Fleischer et. al. (1986) studied 13 specific compounds chosen because of their presence in petroleum products, their tendency to be released to the subsurface environment, and their potential toxicity, using the computer simulation model SESOIL (Seasonal Soil Compartment Model) (Table 4-2). Modeling results indicated that the petroleum hydrocarbon constituents could be grouped into four categories based on their environmental fate tendencies, as shown in Table 4-2. Table 4-2 Migration Pathways for Representative Petroleum Hydrocarbon Constituents ) Adsorb to Soil Partic eq 2) Volatilize 3) Solubilize in 4) Multiple Groundwater Pathwav% (a) Pyrene frenz (n) Hexene Phenol Benzene nthrene (n) Heptane Ethylbenzene (a) Anthracene (n) Pentane Napthalene 1-Pentene (o Xvlene Source: Fleischer et al. 1986. Results of Analytical Assessment of Potential Petroleum Hydrocarbon Release In order to determine the effects of a hypothetical "worst-case" spill, the release of up to 10,000 gallons of petroleum hydrocarbon in a single event was assessed, based on the specific subsurface hydrogeology and petroleum hydrocarbon characteristics (See App. 5 for details). The spilled material would undergo a convoluted migration towards the water table, during which there would be lateral spreading of the hydrocarbons on top of hard basaltic rock layers, combined with relatively direct vertical movements through fractures and interlayered clinkers. The relatively high ground surface elevations would enable the unsaturated zone to absorb the bulk of a potential hydrocarbon release. Accounting for the elevation of the site and various factors related to the underlying geology, it was calculated that even minimal lateral spreading would result in essentially the entire amount of 10,000 gallon release being adsorbed by the 80 feet of rock and gravel above the water table, most likely in the upper zones of the 80 -foot column. Upon adsorption to rock and gravel surfaces, the hydrocarbon would be subject to natural remediation due to volatilization and biological degradation. The high permeability of the basaltic formations would enable ready access to air and moisture which would promote volatilization and biological activity. 4-22 Final EIS: Kaloko-Honokohau Business Park Adsorption and Degradation of Hydrocarbon in the Capillary Fringe The analysis presented in the above section indicates that a "worst case" release of 10,000 gallons of gasoline would likely be essentially entirely contained within the unsaturated zone, where it would be subject to volatilization and biological degradation. In this section, the possibility that some of the hydrocarbons migrates to the water table is examined (See App. 5 for details). Considering the adsorption, volatilization and degradation processes discussed above, a worst-case value of 10% of the total release (1,000 gallons) reaching the water table is assumed. The width of the hydrocarbon plume floating on the water table would widen as it migrated towards the shoreline, at approximately the same rate as the migration distance. Considering the geological and hydrological setting, the area required to enable complete adsorption of the gasoline within the smear zone formed by the tidal fluctuations can be calculated. The tidal fluctuations measured in wells in the area range from approximately 0.5 to l .0 feet, in response to a tidal range of approximately 2.5 feet measured at Honokohau Harbor (App. 3). For a smear zone ranging from 0.5 to 1.0 feet, 1,000 gallons of gasoline would be contained within a lateral migration distance of under 400 feet, which would contain the hydrocarbons within the subsurface beneath the Petition Area itself or within a few hundred feet makai of the Queen Ka'ahumanu Highway. The ponds of the National Park, which are located 2,000 feet from the highway, would very likely not be affected. Furthermore, the hydrocarbons contained within the smear zone would be subject to extremely rapid degradation due to the presence of air and groundwater, which would promote high rates of biological activity. Comparison of Analytical Assessment with Groundwater Monitoring Data The above analytical assessment primarily applies to Categories 1, 2, and 4 of the petroleum hydrocarbon constituents listed in Table 4-2, i.e., petroleum constituents which tend to adsorb to soil, volatilize in air, or those with multiple pathways. The third category of constituent, those that solubilize in groundwater, i.e., phenol, would migrate relatively rapidly with groundwater. A study was conducted by the USGS (Oki, et al., 1999) in cooperation with the National Park Service, which included groundwater monitoring of three wells downgradient of the existing Phases I and II of the Kaloko Industrial Park. One of the purposes of the study was to describe the concentrations of trace metals and organic contaminants from three wells in the National Park (see Fig. 4- 1). A large number of chemical constituents were tested for, including trace metals, 4-23 Final EIS: Kaloko-Bonokohau.Business Park volatile organic compounds, semi -volatile organic compounds, and organochlorine and organophosphate pesticides. The full results are presented in Table 4 of Appendix 5. In summary, testing of three downgradient wells and one upgradient well did not detect any of the petroleum constituents with the exception of trace levels of phenol. It is important to note that phenol was detected at levels approximately 20,000 times lower than EPA standards for cleanup of drinking water, also much lower than State of Hawaii water quality standards. The effects of phenol on anchialine ponds and coastal resources have not been assessed. The testing did not indicate the presence of any other organic constituents, although approximately 130 organic constituents were tested for. Two trace metals were detected, but as these were also found in an upgradient well, they are believed to be derived from the natural decomposition of volcanic materials. The presence of phenol indicates that at least some petroleum hydrocarbons have been released during the approximate 15 -year history of the Kaloko Industrial Park. Although phenol can be found in many industrial products, the use and storage of petroleum based fuels, oils, solvents, or pesticides is the most likely source of a phenol release from the existing industrial park. The presence of phenol and the absence of other petroleum hydrocarbon constituents would appear to be a validation of the analytical assessment of the environmental fate of released petroleum hydrocarbons described in Appendix 5. The presence of phenol - and no other organic constituent - indicates that some petroleum hydrocarbon has likely been released to the environment, but all but the most soluble constituent, phenol, has been retained and likely naturally remediated within the subsurface environment in the vicinity of the existing Industrial Park. The very low levels of phenol are also indicative of the very active subsurface environment which promotes the degradation of such organic compounds. 4.2.2.2.3.2 Mitigation for Potential Impacts from Toxic Substances The proposed development will be limited to light industrial and industrial -commercial activities, limiting potential sources of contaminants. Also, today's strict environmental controls and regulations effectively limit the likelihood of contaminant releases. Of primary importance in limiting potential contamination are adherence to applicable laws and regulations and implementation of appropriate Best Management Practices (BMPs). The following summarizes laws, regulations and BMPs (App. 5 has extended discussion). 4-z4 Final EIS: Kaloko-Honokohau Business Park Petroleum Products Laws, Regulations and BMPs Storage of petroleum in underground or aboveground tanks is strictly regulated by the State Department of Health (DOH) and the federal Environmental Protection Agency (EPA). DOH has adopted new State Underground Storage Tanks (UST) rules (Hawaii Administrative Rules [HAR] §11-281). A permit is required for installation of a UST in Hawaii. Once the UST is installed, a completed Certificate of Underground Storage Tank installation must be submitted to DOH's Underground Storage Tank Section. Management practices for the control of petroleum releases from USTs are included in the UST regulations. The rules contain requirements for performance standards for USTs, installation of USTs, notifications and permits, spill and overflow control, release detection, release reporting, investigation and confirmation, release response action, and closure. These required management actions have been made part of the rules to protect the environment from releases from USTs. The Business Park's Conditions, Covenants and Restrictions (CC&Rs; see Additional Mitigation Measures below for discussion of CC&Rs) will specify that prior to installation of any USTs, owners and lessees shall consult applicable State and Federal regulations and comply with requirements. The following management practices are examples from applicable State and Federal regulations: Each UST and any piping that routinely contain regulated substances must be properly designed, constructed and installed, and any portion under- ground that routinely contains product must be protected from corrosion. All USTs/piping must meet strict, specific construction requirements, and owners/operators must maintain records that document and demonstrate compliance with the requirements for the life of the USTs/piping. Spill and overfill protection equipment is also required for USTs, such as spill catchment basins, automatic shutoffs, operator alerts and alarms, secondary containment features, external liners, flow restrictors, and release detectors. In addition, tanks and piping must be monitored at least every thirty days for releases by gauging, vapor monitoring, or other approved methods. Piping that conveys regulated substances under pressure must be equipped with automatic line leak detectors, which must be tested every 12 months. Owners/operators of USTs or tank systems must keep and maintain records demonstrating compliance with all applicable release detection 4-25 Final EIS: Kaloko-Honokohau Business Park requirements. Owners/operators of USTs or tank systems must notify the DOH within 24 hours if there is evidence of release, unusual operating conditions that might indicate a release, or if monitoring indicates a release may have occurred. Upon confirmation of a release, or after a release from the UST or tank system is identified in any other manner, owners and operators must report the release to DOH, and then, within 24 hours, identify and mitigate any safety hazards (such as fire, explosion, and vapor hazards), take necessary actions to prevent any further release, and take necessary action to minimize the spread of contamination. The owner/operator of USTs or tank systems is also obliged to perform a variety of cleanup and monitoring actions afterwards. • The regulations provide guidance for closure of tanks that are not in ser- vice, to prevent releases from such tanks. Owners and operators of USTs or tank systems must perform a site assessment in permanently closing or changing the service of an UST or tank system. Before permanent closure or a change -in-service is completed, owners and operators must measure for the presence of a release of regulated substance where contamination is most likely to be present at the UST or tank system site. • Spill Prevention Control and Countermeasures Plan (SPCC) plans may also be required by the EPA of facilities that store petroleum, under Clean Water Act regulations. The Best Management Practice for prevention of discharge of oil to navigable waters and adjacent shorelines is the preparation and implementation of an SPCC plan, as described in Code of Federal Regulations (CFR) Title 40, Part 112. These required management actions have been made part of the federal regulations to protect the environment from releases from certain facilities. The plans may include detailed specifications for containment and/or diversionary structures or equipment to prevent discharged oil from reaching a navigable water course, sorbent materials, facility drainage, tank specifications, testing, loading and unloading protocol, inspections, security, and many other elements of the facility. The Business Park's CC&Rs (see Additional Mitigation Measures below for discussion of CC&Rs) will specify that prior to installation of above -ground or under -ground storage tanks, owners and lessees shall consult applicable State and Federal regulations related to SPCC plans and comply with requirements. Stormwater Runoff/Underground Injection Wells Laws, Regulations and BMPs Under State and County laws, any stormwater must be disposed of onsite. A system of collecting surfaces and channels will funnel drainage into storm water injection wells that will dispose of this collected runoff. 4-26 Final EIS: Kaloko-Honokohau Business Park Injection wells are regulated under the Safe Drinking Water Act, and in Hawaii are administered by the State's Safe Drinking Water Branch (SDWB) under HAR §11-23, "Underground Injection Control". Injection wells are categorized by the State by the type of fluids injected into the well and the aquifer characteristics. According to DOH's UIC Map for Keahole Point quadrant, the site is located below the UIC line and, therefore, the underlying aquifer is "exempt". Injection wells at the site would, therefore, be classified as Subclass AB (injection wells which inject only into exempted aquifers), category B (industrial disposal wells). The Best Management Practices for prevention of contamination for injection wells consist of certain practices for construction and operation of the injection well. These practices have been made part of the regulations to protect groundwater from contaminated injection well effluent. Prior to the installation of injection wells, the parry proposing the well shall consult applicable State and Federal regulations and comply with requirements. The following management practices were extracted from applicable State regulations: An injection well shall be designed for its intended use, in accordance with good engineering practices. If a large void, such as a lava tube or solution cavity, is encountered during drilling, measures shall be taken to prevent unacceptable migration of the injected fluids. For the nronosed vroiect The operator of injection wells, as specified in HAR 11-28, must keep detailed records of the operation of the well, which, depending on the type of fluids discharged, may include the type and quantity of injected fluids, and the method and rate of injection for each well. Government officials may require an abandoned well to be plugged in a manner that will prevent detrimental movement of fluids between formations. The DOH may order an injection well to be plugged and abandoned when it no longer performs its intended purpose, or when it is determined to be a threat to the ground water resource. Permits are required to construct, operate, modify or abandon an injection well. 4-27 Final EIS: Kaloko-Honokohau Business Park In addition, it is recognized that laws and regulations related to non -point source polluted runoff are changing. The State of Hawaii, through its Coastal Zone Manaeement (CZMl that they violate state Hater ouanry stanaaras. Hazardous Waste Due to the nature of permitted uses in MG and MCX districts, hazardous waste issues are anticipated to be minimal and hazardous waste releases would be unlikely to migrate to groundwater and impact the ponds. However, some waste oil or other petroleum product may be regulated as a hazardous waste, so the applicable regulations are discussed below. Generators and transporters of hazardous waste are regulated under the federal Resource Conservation and Recovery Act (RCRA). Light manufacturing and processing facilities may generate hazardous waste. As an example, one facility at the current Kaloko Industrial Park, Costco Wholesale, is listed as a RCRA large quantity generator. According to a Costco manager, Costco conducts silver recovery as part of their one-hour photo processing, and the silver is removed from the site as waste in compliance with RCRA. All wastes defined as "hazardous" are regulated under HAR §11-260 to §11-279. Hazardous waste is defined to include all solid wastes or combination of solid wastes or combination of solid wastes which may: (1) cause or significantly contribute to an increase in mortality or an increase in a serious or irreversible or incapacitating reversible illness; or (2) pose a substantial existing or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. HAR § 11-261 further identifies the characteristics of hazardous waste. The rules establish standards applicable to generators, transporters, treatment, storage or disposal facilities, and persons who deal with hazardous waste fuel. These standards are, in effect, Best Management Practices for hazardous waste facilities. The standards include operating practices, record keeping requirements, corrective action plans and other standards. In the event of a hazardous waste release from a facility that handles 4-28 Final EIS: Kaloko-Bonokohau Business Park hazardous wastes, the facility may be required to take response actions, including corrective measures which are necessary to protect human health or the environment. Due to the nature of the MG and MCX land uses, it is not anticipated that hazardous waste treatment, storage, or disposal facilities will be located in the proposed business park. The Business Park's CC&Rs (see Additional Mitigation Measures below for discussion of CC&Rs) will specify that owners and lessees shall consult the applicable State and Federal regulations in regard to hazardous waste activities and comply with all applicable requirements. Hazardous wastes management regulations and practices concentrate on tracking, containerizing, and monitoring. The following discussion of practices was extracted from applicable State and federal regulations for generators of hazardous wastes. An owner/operator must not generate, transport, or offer for transportation, hazardous waste without having received an EPA identification number, using EPA form 8700-12 "Notification of Regulated Waste Activity". The regulations also contain a number of limits for accumulation times and quantities. Facilities that exceed the limits may be considered storage or treatment facilities, triggering a number of additional requirements. A number of other regulations regarding transportation and manifesting requirements for generators of hazardous waste are described in HAR § 11- 262. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must package, label, and mark the waste according to applicable Department of Transportation (DOT) regulations. Under some circumstances, the generator must have available at least one employee either on premises or on call, with the responsibility for coordinating all emergency response measures. The generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies. The emergency coordinator or designee must respond to any emergencies that arise. In the event of a fire, the fire department must be called and an attempt made to extinguish the fire using a fire extinguisher. In the event of a spill, the flow of hazardous waste must be contained to the extent possible; as soon as is practicable, the hazardous waste and any contaminated 4-29 Final EIS: Kaloko-Honokohau Business Park materials or soil must be cleaned up. In the event of a fire, explosion, or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator must immediately notify the federal National Response Center and the Hawaii Department of Health's Hazard Evaluation and Emergency Response Office, providing them with detailed information. Transportation of hazardous materials is regulated under HAR §11-263 (Hazardous Waste Management; Standards Applicable to Transporters of Hazardous Waste) and federal Department of Transportation Regulations: 49 CFR, Subchapter C - Hazardous Materials Regulations (Parts 171-177). The regulations describe the reporting, packaging, marking, labeling, and transport requirements for hazardous materials. Pesticides Laws, Regulations and BMPs Pesticides may be used at the site and may also be stored by plant nurseries or other authorized handlers. Pesticides are regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The licensing, sale and use of pesticides in Hawaii are governed by the Hawai'i Pesticides Law. Although FIFRA places ultimate supervisory responsibility for uniform control of pesticides with the EPA, the State may regulate the sale or use of pesticide used intra -state and may regulate the sale or use of pesticides which are not prohibited by FIFRA. The Hawaii Department of Agriculture (DOA) is responsible for the administration of the Pesticide Law, under HAR §4-66, "Pesticides". Pesticides that are received, used, sold, offered for sale or distributed within Hawaii must be licensed by the Board of Agriculture (Board). The application for the license must contain a description of the pesticide, a copy of the labeling, claims made for the pesticide including directions for use and information about the license. Any pesticide which is sold, distributed or transported in violation of the Pesticides Law or rules may be seized. Best Management Practices for pesticides consist of using and applying them in a manner consistent with their labeling, or at a concentration, frequency or dosage less than that specified on the labeling. Pesticide containers must be stored, transported and discarded in a manner which does not have unreasonable adverse effects on the environment. The Business Park's CC&Rs (see Additional Mitigation Measures below for discussion of CC&Rs) will specify that owners and lessees shall consult applicable State and Federal regulations concerning pesticides and comply with requirements. Summary oflmpacts and Mitigation for Toxic Substances Limiting potential contamination can be accomplished by adherence to applicable laws and regulations and implementation of appropriate Best Management Practices (BMPs). 4-30 Final EIS: Kaloko-Honokohau Business Park Handling and storage of petroleum products, hazardous waste, and pesticides are all strictly controlled under State and federal laws. Businesses that deal with these substances are required under law to implement BMPs and are subject to oversight by federal and State agencies. Heavy fines and criminal prosecution can occur if these practices are neglected or not implemented correctly_ The Business Park's Conditions Considering the structure of regulated practices set up to prevent contamination, the natural hydrogeologic setting which encourages rapid remediation of most substances that are spilled, and the excellent record of water quality as measured by monitored wells downslope from the existing Kaloko Industrial Park, there appears to be minimal risk of toxic substance contaminating ponds and nearsbore waters, given standard mitigation measures as prescribed by law and regulation. 4.2.2.2.4 Modified Alternative Impacts and Mitigation as wastewater or irrigation and other external uses. StOrm\yater from 12 percent of the levels or contaminant levels. 4.2.2.2.5 Additional Mitigation Measures 4-31 Final EIS: Kaloko-Honokohau Business Park have agreed to the following revisions to conditions of the TSA D&O related to Wastewater 1 a. The Petition Area shall be developed with dry sewer lines for eventual connection to the Kealakehe Wastewater Treatment Plant (WWTP). lb. The Petition Area shall be required to connect to the WWTP, when such connection is available. The Petitioner, its successors, and assigns, shall collaborate with the County of Hawaii to include the Petition Area within an improvement district, if one is developed to fund the connection to the WWTP. The Petitioner or individual lot owners within the Petition Area shall pay for their fair share of the cost to fund such connection to the WWTP, whether or not an improvement district is established. lc. Except for the existing Quarry operations and the construction of the roads and utilities as provided for below, the fThcj Petitioner and/or any future owner(s) of the Petition Area shall refrain from constructing upon or occupying any portion of the Petition Area until such time as the portion (e.g., lot) to be constructed upon or occupied is connected to the WWTP, unless in the interim, the portion to be constructed upon or occupied has installed a septic tank system or other [ zr.,] Individual Wastewater System (1WS) designed to remove no less than 60% Total Nitrogen from the treatment system (e.g., septic tank with FAST, Biofilter, Recirculation Filters, Sequential Batch Reactor, or comparable technology) and an absorption field of import material which is constructed in a manner [designed) to achieve no less than 80% reduction of nitrogen and 90% reduction in phosphorous; featuring adequate percolation rate. The existing Quarry operation shall have in place an IV1'S as described above within one vear of the date of issuance of the boundary reclassification. Installation is subject to conditions of approval dictated by the Director of the Hawaii State Department of Health and Hawaii Administrative Rules (HAR) Title 11 Chapter 62. When connection to the WWTP becomes available, all portions of the Petition Area, including all individual lots therein, shall connect to the WWTP, whether or not an interim wastewater treatment system has been installed. H1014 Final EIS: Kaloko-Honokohau Business Park Id. Utilization of the IWS described above in Condition I i.., septic tank W M1110% ]shall be limited to no more than [45% ,_a, �] 40 lots to be developed in the Petition Area. te� r�ua, le. The owner of the IWS shall certify with the Hawaii State Department of Health that the IWS shall be operated and maintained in accordance with all of the provisions of the operation and maintenance manual developed pursuant to HAR 11-62. The certification shall include that upon the sale or transfer of ownership of the IWS, the sale or transfer will include the appropriate transfer documents and provisions binding the new owner to the operation and maintenance manual. 1f. Petitioner and/or each individual lot owner(s), shall develop and participate in a Wastewater Treatment System Maintenance Agreement, before constructing upon or occupying any portion of the Petition Area, that shall provide for safe and effective operation and maintenance of the treatment unit(s), whether shared or individual, and/or the temporary sewage line. This Maintenance Agreement shall require a contract with a wastewater professional to regularly inspect, _maintain and certify that the IWS unit(s) installed in the Petition Area are operating correctly. N'ecessary repairs shall be performed promptly and record of repairs shall be kept. This requirement shall be included in the conditions of sale of any lot and/or parcel in the Petition Area. lg. Should the National Park Service elect to pursue installation of a temporary sewage line to the WWTP for the Kaloko-Honokohau National Historic Park Visitor Center construction project, the Petitioner may elect, subject to prior authorization by the National Park Service, to dispose of wastewater from not more than 20 [ one -acre ] lots in the Petition Area, via such temporary line to the WWTP. In no event shall the temporary sewage connection be in place and utilized for longer than five (5) years from the date of completion of construction of such temporary line except at the sole discretion of the National Park Service. The Petitioner shall pay its fair share cost to fund such temporary connection to the WWTP, as determined by the National Park Service, the Petitioner and the County of Hawaii. When connection to the WWTP becomes available through permanent sewer lines, all portions of the Petition Area, including all individual lots that may have been connected to the above described temporary sewage line, shall connect to the WWTP through permanent lines, whether or not one or more lots were connected via the temporary sewage line. Connection of not more than twenty (20) [ one-amrc ] lots to the WWTP via such temporary sewage line does 4-33 Final EIS: Kaloko-Honokohau Business Park not release any other individual lots within the Petition Area from compliance with any other condition(s) of this decision and order. Storm and Surface Water Runoff 2a. To the extent possible, all storm and surface water runoff shall be captured on the premises. To the extent possible, all runoff entering the ground shall be first treated to remove all industrial waste so that no industrial pollutants will reach the Kaloko-Honokohau National Park or enter the water table. Petitioner shall be subject to and prepare covenants, conditions, and restrictions for the Petition Area to contain spills and prevent materials associated with [light] industrial uses attributable to the operations of property, including petroleum products, chemicals, or other pollutants from leaching or draining into the ground or subsurface storm drain collection areas. Said covenants shall be subject to the approval of the Hawaii State Department of Health, upon consultation with the National Park Service, and the County of Hawaii. The Petitioner and/or tenant shall obtain all required permits and construct required improvements for storm water discharge on and from the property. These conditions shall include the following: 2b. Except for uses permitted under the existing quarry permit, prior [Prior] to the occupancy of any part of the Petition Area, the Petitioner shall engineer, construct (or require to be constructed) and maintain surface water/stone water containment systems that ensure no State water quality standards will be violated. 2c. No injection well shall be constructed as an element of a surface water/storm water containment system in the Petition Area unless, prior to the start of any construction, appropriate requirements of HAR Chapter 11-23 are satisfied and the Hawaii State Department of Health issues an UIC (Underground Injection Control) permit. Contaminants shall be monitored and removed with best efforts prior to entering injection wells. Monitoring protocols for injection wells shall be established in the Pollution Prevention Plan pursuant to Condition 3b. All monitoring records shall be maintained and made available to the State Department of Health the County and the National Park Service, upon request. 2d. If a large void, such as a lava tube or solution cavity, is encountered during drilling, where the drill rod drops more than three feet, measures shall be taken to prevent migration of the injected fluids to the Kaloko-Honokohau National Park to the satisfaction of the Hawaii State Department of Health as described in HAR § 11-23-09(f). 4-34 Final EIS: Kaloko-Honokohau Business Park 2e. All injection wells established in the Petition Area shall be operated in such a manner that they do not violate any of the Hawaii State Department of Health's administrative rules under title 11 HAR, regulating various aspects of water quality and pollution, and chapters 342-B, 342-D, 342-F, 342-H, 342-J, 342-L, and 342-N, Hawaii Revised Statutes (HRS). Relevant HAR include but, are not limited to: i, Chapter 11-20, "Rules Relating to Potable Water Systems"; ii. Chapter 11-62, "Wastewater Systems"; and iii. Chapter 11-55, "Water Pollution Control". 2f. The operator of any injection well or wells in the Petition Area shall keep detailed records of the operation of the well or wells, including, but not limited to, the type and quantity of injected fluids, and the method and rate of injection for each well. Such records will be available for inspection or review by the Hawaii State Department of Health as specified under appropriate sections of HAR Chapter 11- 28. 2g. Any person who violates any of these conditions shall be subject to penalties as prescribed in appropriate chapters of HRS and HAR as they relate to (but are not limited to): Potable Water Systems; Wastewater Systems; Water Pollution Control; Safe Drinking Water; and Underground Injection Control. 2h. The Petitioner, successors and/or individual lot owners in the Petition Area shall ensure that all drainage injection wells or subsurface drainage structures be designed with an appropriate size [a] debris catch basin to allow the detention and periodic removal of rubbish and sediments deposited by runoff. Storm water runoff shall first enter the debris catch basin before flowing into the drainage well. Tim deb, is catch basin's % vittim sho r [iately The debris catch basin shall be periodically inspected and cleaned accordingly. Oil/water separators shall be utilized where petroleum products are used. 2i. The Petitioner shall establish an owners' association with the power to oversee and report violations as a second line of defense against pollution violations. Pollution Prevention 3a. [Any] Petitioner currently operates a auarry in a portion of the Petition Area. Any further public or private industrial development within the Petition 4-35 Final EIS: Kaloko-Honokohau Business Park Area which could be considered a new source of pollution or an increased source of pollution shall, in its initial project design and subsequent construction, provide the highest and best degree of waste treatment practicable under existing technology. 3b. [Beforc] Except for the existing guarry operation and the construction of roads and utilities, before constructing upon or occupying any portion of the Petition Area, a Pollution Prevent Plan (PPP), after consultation with the National Park Service, shall be developed that addresses each of the types of uses permissible in the [light] industrial park, by specifically designating Best Management Practices (BMPs) tailored to each specific use. Emphasis shall be given to structural BMPs to prevent any and all pollutants that may be associated with such industries from being released into the environment, including reaching the groundwater. Structural BMPs shall include, but shall not be limited to, oil/water separators, detention ponds, lined containment pits, and stormwater filtration units designed to contain and remove industrial contamination. The PPP shall include but not be limited to: i. All cleaning, repairs and maintenance of equipment involving the use of industrial liquids, such as gasoline, diesel, solvent, motor oil, hydraulic oil, gear oil, brake fluid acidic or caustic liquids, antifreeze, detergents, degreasers, etc. shall be conducted on a concrete floor, whether roofed or unroofed. The concrete floor shall be constructed to contain any drip or spills and to provide for the recovery of any spilled liquid. Water drainage from these concrete floors if necessary, shall pass through a separator sump before being discharged. The PPP may identify exceptions to this rule under specific circumstances provided that adequate alternative BMPs (structural or otherwise) are identified and utilized for containment. ii. Any containers used for storage of used oil or other industrial liquids shall be kept on a concrete surface. The surface shall be bermed to prevent the loss of liquid in the event of spills or leaks. The containers shall be sealed and kept under shelter from the rain. (The Department of Labor and Industrial Relations' Occupational Safety and Health regulations, sections titled, "Housekeeping Standards" and "Storage of Flammable or Combustible Liquids," shall be followed along with the local fire code.) iii. All employees shall be informed to immediately collect and contain any industrial liquid spills on the concrete floor and should be informed against discharging or spilling any industrial liquids. Employees shall be aware to prevent any industrial spill onto the bare ground. 4-36 Final EIS: Kaloko-Honokohau Business Park ng any and ail poflatants fi vin being i elmsed into the en v ii ] In the event that the Petitioner and the National Park Service cannot agree upon a mutually acceptable final PPP within 12 months of the date of issuance of the boundary reclassification, the Commission shall review the draft PPP, along with written comments from Petitioner, the National Park Service and the other parties, and shall issue a final PPP. In no event shall the Petitioner and/or individual lot owner(s) construct upon or occupy any portion of the Petition Area until such time as the final PPP is complete. The final PPP shall be recorded and shall run with the land within the Petition Area in the same manner as all conditions of approval imposed by the Commission. In the event that aspecific use is proposed for the Petition Area that is not specifically addressed in the final PPP, the Petitioner and/or the individual lot owner(s) proposing such use shall consult _with the National Park Service to establish a set of BMPs appropriate for such proposed use and consistent with the goal of preventing any and all pollutants from being released into the environment. 3c. The Petitioner, its successors or individual lot owners shall provide signage for all drainage/injection wells in the Petition Area with warnings such as the following: DUMP NO WASTES. GOES TO GROUNDWATER AND OCEAN. HELP PROTECT HAWAII'S ENVIRONMENT. Signage shall be either stand-up (legible from at least 30 feet, permanently posted at an effective and safe height) or painted on the ground next to the drainage well's inlet. 3d. For parking areas,13MPs will be established as covenants running with the land, which emphasize pollution prevention rather than treatment. All large vehicles such as buses, trucks or construction equipment shall utilize drip pans to avoid release of petroleum onto paved or graveled surfaces or, in the alternative, all parking areas for large vehicles shall include grassed or vegetative swales to capture drainage from such parking areas. Areas used primarily for automobile parking shall be periodically checked and cleaned to avoid build up of oil or other automotive fluids. Protocol for cleaning parking areas shall be established in the Pollution Prevention Plan, pursuant to Condition 3b. Maintenance work other than emergency work on vehicles will be banned in parking areas. 3e. Where site geometry permits, the Petitioner, its successors or individual lot owners shall design and construct (or require to be constructed) landscaped areas, 4-37 Final EIS: Kaloko-Honokohau Business Park including grassed or vegetative swales to capture storm water drainage from all perimeter lots, facilities, and parking areas of the Petition Area. For all vegetative swales Petitioner and/or individual lot owners may apply only the minimum required nutrients (fertilizer) to maintain the vePetation without causing significant nutrient runoff, and the water used for irrigation purposes shall not exceed the amount necessary to maintain the vegetation. 3f. Owner or operator covenants developed for the Petition Area shall expressly disclose to all future individual lot owner(s) the existence of the National Park System Resource Protection Act, 16 U.S.C. Sections 19jj-19jj-4, and the consequences of violation of such act. In particular, future land owners shall be made aware that any person who destroys, causes the loss of, or injures any park system resource is liable to the United States for response costs and damages resulting from such destruction, loss or injury. 3g. The Petitioner shall participate and collaborate in a regional (Kaloko-Honokohau) pollution prevention forum to be convened by the Commission within one year from the issuance of this decision and order. [lite, N enorI The National Park Service shall be invited as well. Topics to be discussed include: pollution prevention planning; best available control technologies (BACT); structural and operation BMPs addressed to the type of uses permissible in the [light] industrial park, and formulas for determining fair and reasonable pro -rata share costs relating to any ground water monitoring program. Participants in this forum should include but not necessarily be limited to individuals or entities with property or development interests impacting the Queen Kaahumanu Highway corridor extending from the Kona International Airport to the Palani Road intersection. Groundwater Quality Monitoring 4. The Petitioner shall contribute its fair and reasonable pro -rata share of costs relating to a ground water monitoring program of USGS Wells 4161-01, 4161-02 and 4061-01, Aimakapa Pond, Kaloko Pond and two (2) other anchialine ponds of the Kaloko-Honokohau Historic National Park as identified by the National Park Service. Monitoring would continue once every six months for 10 years from initial occupancy, or until such time as sewer lines and hookup to the WWTP is implemented provided further that if McClean and TSA Dockets are amended to require a longer monitoring period or the Petitioners otherwise agree to a longer monitoring period the Petitioner shall be required to participate in the monitoring program for the stipulated period. Constituents to be monitored shall be of a full suite of nutrients (including nitrogen and 4-38 Final EIS: Kaloko-Honokohau Business Park phosphate), contaminants (including metals, phenolic compounds, pesticides and pesticide breakdown products, chlorinated solvents, BTEX compounds, selected pharmaceutical endocrine disruptive compounds, such as ethinyl estradiol, and nonylphenol), and standard water quality parameters (including pH, temperature, dissolved oxygenates, and salinity). The fair and reasonable pro -rata share of costs will be determined by the Commission and in conjunction with the findings generated at the regional pollution prevention forum discussed above. Permitted Uses 5. The Petitioner, its successors and assigns are prohibited from engaging in or allowing the following uses in the Petition Area: heliports, bulk storage of flammable and/or explosive materials (tank farms), landfills for dumping or disposal of refuse or waste matter (except for green waste/composting facilities) fertilizer manufacturing plants, junkyards. public dumps, saw mills refining of petroleum products slaughterhouses commercial pesticide and/or extermination facilities, and power plants. 4.2.2.2.6 Potential Regional Cumulative Impacts and Mitigation As discussed in Section 2.6, the proposed Kaloko-Honokohau Business Park is one of several existing and planned commercial -industrial developments adjacent to and upgradient of the Kaloko-Honokohau National Historical Park. Entitlements are currently being pursued for Phases III and N of the Kaloko Industrial Park, and buildout of the adjacent Honokohau industrial developments will continue. Further urbanization in the area from Keahole-to-Kailua area will continue to occur. 4-39 Final EIS: Kaloko-Honokohau Business Park results of modeling done by the USGS the flow rate beneath the National Park will be groundwater nor to the mora or the ponos aha nearsnore wafer. In the long-term. projects of significant size and density are likely to be required to impact the water or biota of the ponds at or groundwater beneath the rational YarK. ponds and nearshore waters. 440 Final EIS: Kaloko-Honokohau Business Park reolatory Process. 441 Final EIS: Kaloko-Honokohau Business Park 4.2.3 Lava Flow and Earthquake Hazards Environmental Setting The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The entire surface of Hualalai Volcano, on which the project is located, is classified as Lava Flow Hazard Zone 4 (on a scale of ascending risk 9 to 1). Zone 4 areas have had 25 percent of their surfaces covered by lava in the last 1,000 years. Hualalai last erupted in 1800-1801, covering land several miles north of the Petition Area. As such, there is minor risk of lava inundation over relatively short time scales (see Heliker 1990). In terms of seismic risk, the entire Island of Hawai'i is rated Zone 4 Seismic Probability Rating (Uniform Building Code, Appendix Chapter 25, Section 2518). Zone 4 areas are at risk from major earthquake damage, especially to poorly -designed or -built structures. Impacts and Mitigation Measures In general, geologic conditions impose no constraints on the project. Although the project is located in an area exposed to geologic hazard, any development that could service the growing needs for urban uses in Kona must be located within such an area, and there are thus no reasonable alternatives. As required under County of Hawaii regulations, all construction will conform with the provisions of the Uniform Building Code appropriate to the Zone 4 Seismic Probability Rating. Modified Alternative Impacts and Mitigation Under the modified alternative. Area D, the 45 -acre niece at the mauka end of the Secondary and Cumulative Impacts: The project would not tend to steer development into areas where geologic hazard makes it imprudent to live, work or travel. No cumulative risk or adverse effect is associated with the project and any other, or the sum of all other, developments or actions in the study area. 4.2.4 Soils and Agriculture Environmental Setting Soil is minimal in the Petition Area, which is mapped by the U.S. Natural Resources Conservation Service as Lava Flows, 'A'a and Pahoehoe (USSCS 1973) (Fig. 4-2). The Land Study Bureau Maps for the area rate the land as "very poor for agriculture" in 442 TRUE NOR1N LEGEND ElPETITION AREA rLV LAVA FLOWS, 'ASA i rLW LAVA FLOWS, PAHOEHOE rPYO PUNALUU EXTREMELY ROCKY PEAT BH BEACHES SOILS MAP PREPARED FOR: LANIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. SOURCE: U.S. SOIL CONSERVATION SERVICE \ N/ I AIMAKAPA I A HOUSING /.� r 1� H EALAKEHE HIGH SCHOOL 1 POND \ rano 5o0 n locc wooc 3000 SCALL 1M rC[T KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU IST & 2ND NORTH KONA, HAWAII FIGURE # 4-2 PAGE NO.4-43 POLICE Ian I STA710 Z Tp/ y,ONp \ `A0.E P� a � I µpEALAK0.V J J WASTEWATER - TREATMENT PLANT H AU IKI llf DN INDUSTRIAL DEVELOPMENT 1 . J Y 1. Q 1 ww .1PARK AU O D ' AT BOAT HARBOR iOAT LJ x 1 � o 0 o n POND \ rano 5o0 n locc wooc 3000 SCALL 1M rC[T KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU IST & 2ND NORTH KONA, HAWAII FIGURE # 4-2 PAGE NO.4-43 Final EIS: Kaloko-Honokohau Business Park Categories E319 (Bare 'A'a) and E289 (Almost Bare Paboehoe). (Fig. 4-3). Inventory maps of important farmland from the U.S. Natural Resources Conservation Service (USNRCS) show no lands in the Petition Area that are identified. as Prime, Unique, or Other Important Lands in the Agricultural Lands of Importance to the State of Hawaii (ALISH) map series. Impacts and Mitigation Measures Other than very limited ongoing grazing associated with the ranching activities further mauka, no valuable soils, agricultural land or farms are present in the study area. None are present in the Petition Area. No soils or farming operations would be adversely impacted by the project. Modified Alternative Impacts and MitiPation erazin4 nn the 45 acres that would not oe aeveionea. ar teasc umu sucn umc. a anv.❑a� Secondary and Cumulative Impacts: No adverse impacts to soil or agriculture would occur, and there would thus be no potential for adverse effects to accumulate with others. The project would not induce activities that would tend to cause secondary impacts to soil or agriculture on or offsite. 4.2.5 Flora and Fauna The botanical and faunal surveys commissioned for the project are attached in full as Appendices 6 and 7, respectively, and are summarized in this section. Aquatic life in the coastal waters and ponds that might be indirectly affected by project activity was also considered in the water quality investigations performed (see Section 4.2.2.2.2 and App. 4). The surveys focused on species that were rare and/or listed or proposed as threatened or endangered by the U.S. Fish and Wildlife Service (USFWS). Direct impacts were analyzed, as well as secondary and cumulative impacts, particularly potential offsite effects resulting from increased fire hazard or changes in water quality. The topic of water quality in the coastal waters and ponds with some potential to be indirectly affected by project activity is covered in detail in Section 4.2.2.2.2. 4-44 TRUE NORTH N0T TO SCAIE LEGEND E 289 ALMOST BARE PAHOEHOE E 319 BARE WA LAND STUDY BUREAU MAP PREPARED FOR: LANIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. SOURCE: LAND STUDY BUREAU KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU IST & 2ND NORTH KONA, HAWAII FIGURE # 4-3 PAGE NO. 445 Final EIS: Kaloko-Honokohau Business Park Environmental Setting: Flora The natural vegetation of the study area was probably composed of one or more Lowland Dry communities, including forests, woodlands, shrublands and grasslands (Gagne and Cuddihy 1990). These original communities, however, have been destroyed or heavily degraded throughout much of the study area and the surrounding region. In the study area in general, native trees and shrubs such as 'ohi'a (Metrosideros polymorpha), lama (Diospyros sandwicensis), wiliwili (Erythrina sandwicensis), 'ohe (Reynoldsia sandwicensis), kolomona (Senna gaudichaudii), alahe'e (Psydrax odoratum), and naio (Myoporum sandwicense) may be prominent components of remnant patches of dry forests and shrublands. Several listed endangered species are known to exist in undisturbed portions of the Kaloko lava flow mauka of the Petition Area. It is important to note that these native communities and endangered species are not within the Petition Area. As a result of its location in the lowlands and its history of use for ranching, industrial purposes, and roadways, the current vegetation of the Petition Area is composed of two communities dominated mostly by alien species (introduced to Hawai'i by man). 1) Quarry scrub vegetation covers the 'a'a lava flow on the northern half of the property. Almost all of the Wa flow has been bulldozed and disturbed at some time by the quarry operation. Where the flow is actively used by the quarry and other related businesses, there are few, if any, plants. Along the access road, the vegetation consists of scattered patches of mostly weedy vegetation on largely barren areas. Other parts of the 'a'a flow support low, dense koa haole shrubs (Leucaena leucocephala) and fountain grass (Pennisetum setaceum). Some native plants are found in patches of 'a'a lava where the rough substrate has prevented heavy grazing. On the northeast corner of the property, there are a few clumps of'ohi'a lehua (Metrosideros polymorpha) trees. Three plants of a rare variety of ko'oko'olau (Bidens micrantha ssp. cienophylla) are found just outside the northeast comer of the Petition Area 2) Koa haole shrubland occurs on the pahoehoe flows on the south half of the property. It is composed of koa haole shrubs, 4 to 6 feet tall, with a dense cover of fountain grass between the shrubs. Scattered through the shrubland are trees of kiawe (Prosopis pallida) and jacaranda (Jacaranda mimosifolia), as well as shrubs of Christmas berry (Schinus terebinthifolius), klu (Acacia farnesiana), maiapilo (Capparis sandwichiana), and noni (Morinda citrifolia). In a low lying area closer to the highway, the koa haole shrubs are taller and the kiawe and Christmas berry become more common. 446 Final EIS: Kaloko-Honokohau Business Park Impacts and Mitigation Measures: Flora The proposed development is not expected to have a significant negative impact on the botanical resources, since the site is dominated by introduced or alien species including koa haole, fountain grass, Christmas berry, and kiawe. No rare, threatened or endangered species occur on the site. All of the native plants which are found on the site can also be found in similar dry lowland environments in West Hawaii and on most of the main Hawaiian Islands. Modified Alternative Impacts and MitiYation there would be no additional or different biological impacts under the modified alternative There would be no change in the fire risk to the surrounding areas, including Secondary and Cumulative Impacts. Development of the project has some potential to increase the risk of fire, by introducing more human activity to the area, but it also has some potential to reduce the severity of fires, by replacing fountain grass with developed areas. There is a possibility that fires may begin in the Petition Areas and spread into areas containing the ko'oko'olau plants, outside the northeast comer of the Petition Area, or further mauka into areas of good native habitat on the Kaloko lava flow. In order to protect the valuable native plants in this area, the developer will preserve a protective buffer zone within the property setback of lots created in the northeast comer of the Petition Area. The cumulative loss through regional development of the common native plants found in the Petition Area would detract only negligibly from the population of these species and would not affect the general health or makeup of areas in Kona with intact ecosystems. There would thus be no potential for adverse effects to accumulate with others. Environmental Setting: Fauna An ornithological and mammalian survey of the Petition Area was conducted in December 1999. The full report is attached as Appendix 7 and is summarized here. 447 Final EIS: Kaloko-Honokohau Business Park The fauna currently found within the Petition Area and surrounding areas is dominated by alien species (introduced to Hawai'i by man). Only one live mammal, a mongoose (Herpestes auropunctatus), was sighted, but skeletons, scat or other sign of feral goats (Capra h. hircus), cattle (Bos Laurus) and donkeys (Equus a. asinus) were also observed. It is also likely that Norway rats (Rattus r. rattus) (and possibly the Polynesian rat, Rattus exulans hawaiiensis), mice (Mus domesticus), dogs (Canis f. familiaris) and cats (Fells catus) utilize the area. The endangered Hawaiian hoary bat (Lasiurus cinereus semotus) has been recorded from the general area in past faunal surveys and thus is likely to occasionally forage above the site. However, none were detected by this survey. The study area in general is dominated by fountain grass and provides few resources for birds. It thus exhibits a low diversity and density of avian species, which has been exacerbated by drought conditions of the last few years. The birds found within the study area are predominantly introduced species, as is typical of most of the ecologically disturbed lowland areas of Hawaii. A total of 15 avian species were detected during station counts. The most common species were House Finch (Carpodacus c. ntexicanus), Zebra Dove (Geopila striata), and Japanese White -eye (Zosterops japonicus). All of the birds found are common throughout the leeward lowlands on the island of Hawaii. No endangered or threatened avian species were detected (Federal Register 1998; Hawaii State DLNR 1986). It is possible that small numbers of the endangered endemic Hawaiian subspecies of Dark-Rumped Petrel (Pterodroma phaeopygia sandwichensis) may overfly the site between May and October. However, the distribution of the species has lately been reduced to a limited number of breeding colonies high on Mauna Loa and possibly Hualalai. Collision with utility structures as a result of disorientation by exterior lighting is considered the second highest cause of mortality for this seabird in Hawai'i. The Petition Area is not considered to be essential habitat for any native terrestrial vertebrate species. There is no federally designated Critical Habitat for birds in/near the Petition Area. The terrestrial invertebrate fauna of the study area, or for that matter of most of the island of Hawai'i, has not been systematically studied or completely described. No listed invertebrate species are known from the Petition Area or any directly adjacent areas. Existing Fauna in Off -Site Areas Potentially Impacted by Project Activities An indirect, offsite impact to native bird and aquatic invertebrate species could occur if sufficient contaminants migrate downslope from the Petition Area into Aimakapa Pond, located in the Kaloko-Honokohau National Historical Park. Two endemic waterbird 448 Final EIS: Kaloko-Honokohau Business Park species, the Hawaiian Coot (Fulica alai) and Hawaiian Stilt (Himanoptus mexicanus knudseni) nest on islands within the pond. Both are listed as endangered species under both the Federal and State endangered species acts (DLNR 1986, Federal Register 1999). One indigenous (but not endangered) waterbird species, Black -crowned Night -Heron (Nycticorax nycticorax hoactli), not endangered, also nests there. There is also seasonal usage of habitat within the park by a number of migratory shorebirds including the indigenous Pacific Golden Plover (Pluvialis fulva) The U.S. Fish and Wildlife Service (USFWS) in their letter of July 7, 2000 (see App. 2 ), expressed concern for potential impacts to the Hawaiian Stilt and the Hawaiian Duck (Anas wylvilliana). The latter species has not been observed in the Kaloko-Honokohau area. The intertidal zone and Aimakapa Pond within the National Park have been censused annually since 1988 as part of the National Audubon Society's, North Kona Christmas Bird Count (CBC). The Kealakehe Wastewater Treatment Plant has also been included in the count since its opening. The counts indicate that usage of Aimakapa Pond by these bird species has varied considerably during the past 12 years. For example, the Hawaiian Stilt count has been as high as 190 and as low as 4. Similar patterns have been observed for the Hawaiian Coot. Prior to the construction of the Cyanotech aquaculture facilities (near the Kona International Airport) and the Kealakehe Wastewater Treatment Plant (south of Honokohau Harbor), most resident waterbirds in North Kona were concentrated within the National Park. Since the construction of these facilities, most of those waterbirds have moved to one or the other, a common phenomenon for artificial wetlands features. Populations of the three non -migratory species have also increased considerably during this same period. Impacts and Mitigation Measures: Fauna No direct adverse impacts to native or otherwise important fauna would occur, as the Petition Area is almost entirely composed of alien species. To minimize the potential for disorientation and subsequent injury or death of Dark-Rumped Petrels that may overfly the site, it is recommended that all street lighting within the Petition Area be shielded to eliminate upward -directed light. Modified Alternative Impacts and Mitigation 449 Final EIS: Kaloko-Honokohau Business Park the ko'oko'olau population outside of the northeast corner of the Petition Area. A proposed condition of approval provides for a thirty (30) foot buffer in or adiacent to the northeast corner of the Petition Area. Secondary and Cumulative Impacts: Considering the structure of regulated practices set uti to prevent contamination. the mitigation measures such as those to be implemented by part of the land use regulatory process. At the same time. Lanihau acknowledges that development of a business park mauka of the Kaloko-Honokohau National Historical Park could possibly result in unanticipated In summary, some alteration of water characteristics will occur, but with proper care, particularly with respect to toxic substances, no secondary impacts to the general health of offsite nearshore or coastal species or ecosystems is expected. Cumulatively, even with implementation of all of the projects proposed for the study area, the total water withdrawal and nutrient addition do not appear to have the potential to induce long-term changes in the physio -chemical composition of pond or marine waters of a magnitude that could cause adverse biological impacts (See Section 4.2.2.2.4). Best Management Practices applied to all developments can prevent any significant quantities of contaminants from entering groundwater. Again, as recommended in Section 4.2.2, it is recommended that Kaloko and Aimakapa Ponds be periodically monitored for biological resources and water quality to detect and correct potential pollution problems. 4-50 Final EIS: Kaloko-Honokohau Business Park 4.2.6 Visual Character Existing Environment In this region of Kona, located adjacent to major highways on gently sloping land at some distance from the ocean, vistas of Hualalai Volcano and the coastal waters provide scenic value. Figures 4 -4a -e illustrate various photographic views from and of the Petition Area. The Petition Area occupies a corridor of land extending mauka from elevations of 40 to 75 feet at Queen Ka'ahumanu Highway up to elevations of 280 to 320 feet at the top of the property. It is surrounded to the north and south by two other developed or developing commercial/ industrial areas (Figs. 4-4a&b). The site is directly mauka of Kaloko-Honokohau National Historical Park. The main concerns regarding visual impact are the potential to: 1) interfere with National Park views of the scenic slopes of Hualalai; 2) insert a disharmonious element to viewers from various parts of the National Park, and 3) detract from the viewplane of Queen Ka'ahumanu Highway motorists, who now have a view mauka through 69 kV lines within the highway right-of-way towards the quarried area and some undisturbed open space (Fig. 4-4c). There are expansive views from the coastal areas of Honokohau and the National Park extending to the summit of Hualalai (Figs. 4-4d&e). These views look over the Petition Area to the forested areas of mauka Honokohau and the summit area of Hualalai (in the ahupua'a of Keaubou and Kaupulebu). Queen Ka'ahumanu Highway extends in a north/south direction along the boundary between the National Park and the Petition Area. This highway introduces a "built" landscape within this area and includes utility lines and graded and paved areas. HELCO has constructed steel utility poles about 70 feet high along this corridor, intruding into the mauka views from the National Park and the highway (Fig. 4-4c). The Petition Area itself consists of open lava lands. The quarry area along the mauka portions is for the most pan screened from view from the National Park and Queen Ka'ahumanu Highway by a topographic bench that runs parallel to the slope through the middle of the Petition Area (Fig. 4-4a). This bench or crest is the makai boundary of the quarry area and the proposed general industrial area. Land makai of the bench is visible from the National Park and Queen Ka'ahumanu Highway. The northern portion of this area consists of'a'a lands that have been surface -quarried in the recent past. The southern portion of this area consists of pahoehoe lava, with scattered shrubs of haole koa, kiawe trees and clumps of grass. 4-51 PROJECT AREA PHOTOGRAPHS KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU 1ST & 2ND FROM NORTH ACCESS ROAD NORTH KONA, HAWAII PREPARED FOR: IANIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. - FIGURE # 4-4a SOURCE: I PAGE NO. 4-52 PROJECT AREA PHOTOGRAPHS FROM SOUTH ACCESS ROAD PREPARED FOR: IANIHAU PROPERTIES PREPARED BY: A)aNAKA & ASSOCIATES, LTD. SOURCE: KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU I ST & 2ND NORTH KONA, HAWAII FIGURE # 4-4b PAGE NO. 4-53 �" •r L' t �1 11 PROJECT AREA PHOTOGRAPHS FROM MALIU POINT PREPARED FOR: LANIHAU PROPERTIES PREPARED BY. AKINAKA & ASSOCIATES, LTD. SOURCE: KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU 1ST & 2ND NORTH KONA, HAWAII FIGURE # 4-4d PAGE NO. 4-55 PROJECT AREA PHOTOGRAPHS FROM PROPOSED PARK CENTER SITE PREPARED FOR: LANIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. SOURCE: KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU IST & 2ND NORTH KONA, HAWAII FIGURE # 4-4e PAGE NO. 4-56 VISUAL CROSS SECTION KAI.OKO-HONOKOHAU BUSINESS PARK HONOKOHAU IST & 2ND THROUGH STUDY AREA NORTH KONA, HAWAII PREPARED FOR: U NIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. FIGURE # 4-4f SOURCE PAGE NO. 4-57 Final EIS: K21oko-Honokohau Business Park Ihnpacts and Mitigation Measures The topography of the general area is such that the scenic view of the summit and upper slopes of Hualalai from the coastal areas of Honokohau extending mauka will not be obstructed by the proposed development of the Petition Area. The Petition Area is at an intermediate elevation that will not be silhouetted against the skyline of Hualalai. Figure 4-4f shows the relationship of the Petition Area and proposed improvements to the vie% s from within the upper portions of Kaloko and Honokohau towards the Hualalai summit area. The development of the Petition Area will alter the existing open lava landscape by introducing a "built" landscape of buildings, roads; utilities and other facilities. Several approaches have been employed to present an attractive, harmonious appearance for viewers from the Irrational Park and motorists on Queen Ka'ahumanu Highwa}: First Row Design: Setbacks, landscaping, design elements, and height limits in the critical "first -row" of buildings will help provide an attractive and minimally intrusive gateway for the project (Figs. 4.4g -j). The entire area of development has been set back a distance varying between 50 and 80 feet from the edge of the Queen Ka'ahumanu Highway right-of-way. Architectural design criteria that minimize adverse visual impacts will be developed for this area, addressing aspects of building design including profiles, materials, color, surface treatment. reflectivity, lighting, sign standards, and landscaping. The buffer zone landscaping has been designed to insert selected areas of tree mass between the setback and the buildings and to break up roof lines with vertical elements. In this area, the use of mirrored glass and illuminated signs will be controlled (while still promoting the visibility valued by lot users), and natural colors will be encouraged. Certain lots in the visually sensitive "first -row" will be required to adhere to lower building heights than those allowed by the Hawaii County Zoning Code height limit for buildings in the Mixed Light Industrial and Commercial district. Landscaping "Grow -in ". The landscaping plan utilizes fast-growing species to provide a buffer for the early years of the project (Fig. 4 -4g -j). As time progresses, slow-growing trees will begin to provide the mature landscaping framework, and some of the fast-growing species will be pruned or removed. Various native and Polynesian species, including hau, naupaka, noni and wili-wili will be used, along with selected exotics such as monkeypod. Bougainvillea will be incorporated as a link with its existing usage as a landscaping theme along the Queen Ka'ahumanu Highway. 4-58 !!\ IIIIII'III _� �I li I i >i I 0 9 0 0 0 0 a a d''4 GO UO z Z Du N 7 0. Zia pok x 5zzz 0 0 Final EIS: Kaloko-Honokohau Business Park Grading Plans. Grading plans will specify a gradual, step-by-step elevation of lots mauka from the setback line, minimizing the potential for looming lines of buildings. As the sight -line profile shown in Figure 4-4f indicates, none of the altered topography or proposed buildings would intrude into the mauka-makai viewplanes between the coastline and/or the National Park entrance and scenic slopes of Hualalai. Quarry Edge Buffer Area. Topographic and/or landscaping buffering are planned around the makai edge of the quarry area. Integration with Kaloko-Honokohau National Historical Park. Consultation with the National Park, which is ongoing, will continue through the design plans for the project and beyond. In particular, the landscaping and other visual design elements at the South Access Road intersection, which provides entrance to both the Business Park and the National Park, will be designed to render a harmonious connection between the two properties. Native plants will play a prominent role in this landscaping. As a result of these mitigation measures, Kaloko-Honokohau Business Park will not interfere with views and will be a visually harmonious and attractive neighbor for the Kaloko-Honokohau National Historical Park, passing traffic; and other adjacent properties on the Queen Ka'ahumanu Highway. Modified Alternative Impacts and Mitigation implemented. 4-63 Final EIS: Kaloko-Honokohau Business Park Secondary and Cumulative Impacts: There is the potential for the project to accumulate with other developments that subtract from the total area of open space views from the highway. Although substantial areas of undeveloped land in the study area do provide unobstructed open -space views, without proper design, the cumulative impact of adjacent commercial and industrial areas can create a "wall-to-\vall" urban corridor that creates unpleasant visual surroundings and obscures all natural and cultural values present in the landscape, as has happened on Nimitz Highway in Honolulu. It is for this reason that the project will include an integrated program of visual design involving setbacks, height limitations, and landscaping, with the overall goal of preserving a feeling of open -space feeling and avoiding the look of an industrial corridor. 4.2.7 Noise A study of the acoustic environment of the study area, including estimates of the effects of both the Build and No -Build Alternatives, was conducted for this EIS (Appendix 14). Noise may be defined as unwanted sound. Evaluation of sound levels requires a consideration of loudness at various pitches. Loudness is measured in units called decibels (dB). Since the human ear does not perceive all pitches (frequencies) equally, noise levels are adjusted to correspond to human hearing. This adjusted loudness standard is known as the A -weighted scale, abbreviated dBA. Noise levels over 70 decibels are considered unpleasant by most individuals: levels under 50 decibels are generally perceived as acceptably quiet. State and federal governments have jointly specified acceptable noise levels for various categories of land use in order to protect human and animal health and safety. Most relevant to the proposed land use are the Hawaii State Department of Health (DOH) maximum pennissible sound levels of 60 dBA for commercial areas and 70 dBA for industrial areas. Existing Acoustical Conditions Noise levels on the site are currently influenced by on-site quarr;ing, as well as adjacent industrial and commercial activity, the Queen Ka,ahumanu High., -ay, and various smaller roadways. Noise level measurements were taken in .lune 2000 at the northern boundary and various locations inside and outside of the Petition Area. The quarry operation and related activities are the only significant current onsite sources of noise. Heavy equipment, trucks, rock crushers, drilling, and very occasional blasting contribute to periodically high noise levels within the quarry itself. Hoa ever. the average noise level at the northern boundary of the Petition Area was 56 dBA_ with traffic and wind being the 4-64 Final EIS: Kaloko-Honokohau Business Park dominant source of noise. This is below the DOH maximum permissible sound level of 60 dBA for commercial areas and 70 dBA for industrial areas. 'Noise from current quarry activities, except for occasional drilling and blasting, is generally not audible in deve- loped areas near the Petition Area because they are shielded by the existing topography. The following discussion of noise impacts is divided into sections on temporary construction noise, quarry noise, and traffic noise. They are discussed separately because these noise sources and the areas they affect will be separated in time and place and will interact only negligibly. Potential Impact from Construction Noise Development of the Kaloko-Honokohau Business Park will involve excavation, grading, blasting, compressors, operation of vehicle and equipment engines, and construction of new buildings and infrastructure. These construction activities may generate noise exceeding 95 decibels at times, which may impact nearby areas. In cases where construction noise exceeds, or is expected to exceed, the DOH's "maximum permissible" property -line noise levels, a permit must be obtained from the DOH to allow the operation of vehicles and construction equipment which exceed these levels. Mitigationot Construction -Generated Noise The State of Hawaii requires contractors engaged in construction activities to conform with Title 11, Chapter 46, HAR (Community Noise Control). The Hawaii State Department of Health's (DOH) Noise, Radiation and Indoor Air Quality Branch issues permits for construction activities which may generate noise. The permit is applied for during the construction phase by the contractor. DOH will review the proposed activity, location, equipment, project purpose, and timetable in order to decide upon conditions and mitigation measures. Possible measures include restriction of equipment type, maintenance requirements, restricted hours, and portable noise barriers. The contractor will comply with requirements pertainine to construction activities as specified in the rules and the conditions issued with the permit as stated in Section I 1-46-7Jd 4). as Noise Impact From Continued Quarry Operations Sample measurements taken in the vicinity of various quarry activities were used to predict the future impact of quarrying activities as they progress southward. Heavy 1 The quarry is a permitted, pre-existing use, and the various land use approvals in adjacent properties have been granted with the explicit understanding that the quarry would continue to operate. Therefore, although the noise impact analysis conducted for the EIS has considered impacts on surrounding properties, it has primarily focused on impacts to adjacent portions of the Petition Area itself. 4-65 Final EIS: Kaloko-Honokohau Business Park equipment, rock crushers. and large drills that periodically operate at the top of the quarry wall will be the dominant source of noise generated by quarry operations. The predicted noise levels are illustrated in Figures 4-5a and 4-5b, which show the effect of shifting the center of activity during the lifetime of the quarry, which is expected to operate for about 20 more years. Within the area designated for quarry operations, average sound levels will range from 57 dBA when no drilling is occurring to 81 dBA during drilling. Although surrounding areas will continue to be shielded from much of the quarry noise by the quarry wall, noise levels there will nevertheless rise. When the quarrying activities are in the northern part of the Petition Area (Fig. 4-5a), where they are now, average sound levels in the areas designated for industrial and commercial mixed-use would ranee from 52 dBA to 67 dBA without drilling, and from 63 dBA to 67 dBA with drilling. When the quarry reaches its southernmost location. sound levels would range from 60dBA to 75 dBA in the areas designated for industrial and commercial use (Fig. 4-5b). Therefore, without mitigation, the maximum permissible noise level for industrial land use of 70 dBA would be periodically exceeded in a small section of the Petition Area adjacent to the quarry that is ultimately planned for industrial uses. Similarly, the maximum permissible noise level for commercial land use of 60 dBA would be periodically exceeded in a larger section of the Petition Area adjacent to the quarry. The noise radiating to the mauka (eastern) limits of the Kaloko-Honokohau National Historical Park, closest to the Petition Area, is expected to be below the daytime noise limits (55 dBA) for a conservation zone. Mitigation of Quarry -Generated Noise The predicted noise levels represent worst-case scenarios, assuming undeveloped land with no structures present to provide noise absorption. In reality, industrial structures such as warehouses or manufacturing facilities may be built between the quarry and the more sound -sensitive commercial areas, thus serving to buffer those areas from the quarry noise. Importantly, maximum permissible sound levels in industrial areas are allowed to be exceeded if appropriate hearing protection is employed. Similarly, if the industrial or commercial activities involve only portions of a site not subject to excessive noise, such as one side of a building or the interior only, appropriate noise mitigation incorporated into building design can also allow such activities as permitted uses under DOH rules. In order to account for the best available predictions of noise as well as the potentially changing noise environment, all initial buyers of lots shall receive noise model maps such as those presented in Figs. 4-5a and 4-5b. They will be informed that noise levels in areas modeled to exceed 70dBA/60 dBA are assumed, in the absence of other information, to exceed levels permissible for industrial/commercial activities, and that industrial/commercial activities may not be approved in such areas by the Department of 4-66 i �Uf SC N�1Fi KALOKO INDUSTRIAL.•• PARK VKAMAPVu - INDUSTR COMMERCIAL C&ltk It�� it /',�'191XE USE Is r COSTCO 1 r • ' - NDUS �Rit SEEN NI , 1 _ rIIIXED Ems^ Gam♦ fi'= AU :PARK NOISE CONTOURS QUARRY ACTIVITIES NORTH PREPARED FOR: LANIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. SOURCE: D.L. ADAMS & ASSOCIATES SOURCES A: ROCK CRUSHER B: ROCK HAMMER C: HEAVY TRUCK D: DRILLING E: DRILL MOTOR KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU 1ST & 2ND NORTH KONA, HAWAII FIGURE # 4-5a PAGE NO. 4-61 .4 ' r HONOKOHAU IKI . - INDUSTRIAL p^.DEV(ELOPMENT __ r - SOURCES A: ROCK CRUSHER B: ROCK HAMMER C: HEAVY TRUCK D: DRILLING E: DRILL MOTOR KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU 1ST & 2ND NORTH KONA, HAWAII FIGURE # 4-5a PAGE NO. 4-61 K, S) NOISE CONTOURS QUARRY ACTIVITIES SOUTH PREPARED FOR: LANIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. SOURCE: D.L. ADAMS & ASSOCIATES - SOURCES: A: ROCK CRUSHER B: ROCK HAMMER C: HEAVY TRUCK D: DRILLING E: DRILL MOTOR KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU 1ST & 2ND NORTH KONA, HAWAII FIGURE # 4-5b PAGE NO. 4-68 Final EIS: Kaloko-Honokohau Business Park Health without sufficient mitigation such as exterior sound barriers or interior noise absorption structures. They will also be informed that although construction of intervening buildings, changing drilling techniques, or the cessation or alteration in quarry activity all have the potential to reduce noise, it must be demonstrated through a professional noise study that the appropriate maximum permissible sound level will not be exceeded before industrial/commercial uses would be approved by DOH. Potential Impact of Traffic Noise The increase in traffic noise from the proposed project is expected to be between 0.1 and 2.0 dBA. A change of less than 1 dBA is considered imperceptible by most people, and a change of 3 dBA is required before the change is just barely perceptible. Thus. no significant traffic noise increases due to the project are expected. and no mitigation measures are necessary. Modified Alternative Impacts and Mitigation potential for such conflict in Area ll. Secondary and Cumulative Impacts: The noise analysis determined that other than the quarry, which is a pre-existing, permitted use, any direct noise effects of the proposed project would be essentially confined to the Petition Area and immediately surrounding areas, and would not combine with noise from other areas to produce adverse, high levels of noise. In terms of secondary impacts, traffic generated from the employees and customers of the Business Park will add to the volume of noise produced on all roads on which they travel. The major highways on which the vast majority of this added traffic would occur are federal aid projects and have been subject to federal and State noise evaluation criteria, or will be subject to these when federal funding is requested. They have thus been designed to avoid sensitive land uses within areas that exceed Noise Abatement Criteria or to employ noise attenuation measures, when feasible, where noise impacts do occur. 4-69 Final EIS: Kaloko-Honokohau Business Park 4.3 Socioeconomic and Cultural 4.3.1 Social Environmental Setting Kona was an important region in pre -Contact Hawaii, a center of political power and population. After 1850 it became a sleepy rural district of scattered coffee farms and cattle ranches. Tourism was quite modest until the 1960s, when resort hotels and vacation homes began to dot the coastline. Today, the primary economic activities in Kona are tourism (hotels, condominium rentals, and tourism services, concentrated near the coast); industry, retail and service activities; and agriculture, concentrated in the uplands, where large coffee farms, ranches, and macadamia nut and avocado orchards are present. Population has grown rapidly in all of West Hawaii and particularly in North Kona (Table 4-3), where the number of inhabitants increased from 4,832 in 1970 to 22,284 in 1990, and to an estimated 25,447 in 1995. Of the nine districts on the Big Island, North Kona has sustained the second largest rate of gro A tb (after Puna) since 1970, at 429 percent. High growth since 1960s has resulted from the steady stream of new residents lured by Kona's attractions and the employment and entrepreneurial opportunities of the tourism industry. The prevalence of tourism has also increased the visitor share of the de facto population (those actually present on any given day) to about one-fourth of the resident population. Both resident and de facto populations are expected to keep rising, although less sharply, into the foreseeable future. The Keahole to Kailua Development Plan estimated the resident population of that portion of North Kona at 4,230 in 1988, and estimated that it would grow to 14,674 by the year 2010 (Hawai'i County Planning Dept. 1991:1-11). Table 4-3 RPcidant Pnnnlation t;rnwth in Kona, 1970-1990 District/Period 1970 1980 1990 1995 %Growth 1970-1990 North Kona 4.832 13.89822.284 25,547 429% South Kona 4,004 5,809T]20.317 7.658 8.619 115% Hawaii County64.468 92.053 137.291 113% Sources: U.S. Bureau of the Census: "1990 Census of Population. General ropulanon t_ naractensttcs, i9vo cp t- 13; Hawaii State DBEDT: Hawaii State Data Book, 1997. 4-70 Final EIS: Kaloko-Honokohau Business Park Along with increasing population have come changes in social characteristics. The housing stock includes many newer condominium complexes providing short-term rentals, time-shares for visitors, and retiree housing. Many permanent residents today are affluent, older (often retired), relative newcomers from the mainland. The 1990 U.S. Census of Population provides the most recent detailed demographic information. Table 4-4 presents demographic data that compare the island of Havvai'i, the North Kona District, and the Kailua-Kona CDP (Census Designated Place), the largest population unit in North Kona. Impacts and Mitigation Measures As government plans have specified and development projects have begun to fulfill, the Keabole-to-Kailua area is growing. Direct social impacts from the proposed reclassification would be minimal, because the project will not create a substantial influx service nmanly the needs or me growing poputauU,,..vu,�,, source of labor. No relocation of residences, businesses, community facilities, farms or other activities would occur because of the project. The principal social impacts - direct, secondary, and cumulative - are in the areas of economic benefits (providing jobs and services in the Petition Area), traffic generation, and public services and facilities, and are thus discussed in those sections. As far as affordable housing. Lanihau will comply with the 4-71 Final EIS: Kaloko-Honokohau Business Park Table 4-4 Srlected Socioeconomic Characteristics CHARACTERISTIC Ham,ai'i Island 'Forth Kona I Kailua-Kona CDP 'j Total Population 120.317 22.254 9,126 Percent Under 18 Years 28.7 26.4 28.2 Percent Over 65 Years 12.6 10.1 8 Percent White 39.9 59.5 53.9 Percent Japanese 20.8 10.5 1 8.3 Percent Hawaiian 19.2 16.4 19.2 Percent Born in State of Hawaii 85 49.3 53 Percent Relocated 1985 -1990 46.9 60.6 63.3 Percent 16-64 years w/Work Disability/Mobility Limitation 12.9 9.5 9.9 Percent > 25 Yrs. W/ H.S. Diploma 77.7 86 84.3 Percent Adults in Labor Force 64.2 70.7 71.8 Per Capita Income $13.169 $17.497 $13,363 Percent in Povertv 14.2 9.2 11.6 Percent HousinF Vacant 14.1 21 16 Median Home Price $113.000 5211.900 $179.900 Source: U.S. Bureau of the Census: 1990 Census OjPopulonon and Housi rig. N t t i -A, a t r e -A. Modified Alternative Impacts and Mitigation Under the modified alternative Area D the 45-3cre niece at the mauka end of the 4-72 Final EIS: Kaloko-Honokohau Business Park 4.3.2 Archaeological and Historic Site Resources Environmental Setting Archaeologists performed an inventory survey with limited subsurface testing of the Petition Area and a large extent of surrounding property. Appendix 8 contains an extended summary of the archaeological report for sites within the Petition Area, which contains 73 historic sites (Fig. 4-6). The report is summarized below. As part of the work, archaeologists completed a full -property, on -foot survey to determine whether historic sites were present and, if so, to establish their nature and locations. The field archaeologists examined the Petition Area using parallel pedestrian transects spaced no more than 30 meters apart. Utilizing the pedestrian surveys. all archaeological sites were located, described, and mapped. Field documentation included photographs and drawings to scale of the majority of sites. In accordance with the Haw•ai'i State Historic Preservation Division (SHPD) guidelines, all sites were assigned State site numbers, and per -site interpretive evaluations including the archaeological significance and recommended treatment were conducted. Seventy-three archaeological sites were identified within the Petition Area parcel (Table 4-5). The primarily traditional Hawaiian sites consist of dryland agricultural complexes. simple agricultural features, temporary, recurrent and permanent habitation sites, a refuge cave, human burials (7 sites), animal containment features, an ahupua'a wall and various boundary walls, two petroglyphs, trail segments, and ahu (shrines or markers). Sites associated with historic -era activities - cattle ranching - were also identified within the Petition Area. 4-73 ~-•7816<'-� _ _ - � �-�\ o181 A5 -._� �- i .� ' %PROJECT AREA h N P,7.I1� BOUNDARY - -A � 1 1 ` —r-- C13U' 1A19i,. •1'196 ]P1�+3 '��� r J j _ - •,-�'n 1 �. •1813 j't•L 1 111 1'.• 181 350 , i i t� - •:6130 •19; 3_ _ 1;15 }J j �, • y r 9181.4 / �� I •�_- �IIi•. I — �r,l -�,,' ���-•1Liz3 Pif- :IELiA UNDA :1 / „�-- � (/.-.__ � _ ;u _ __`� •1671 �, l^ , .iGl�s. - ,.- � t''�I ..� �ifl��0 /��1r lit–_ j -�— •' alj i � r , 11\l Jar 1 3 A 10 _^ 7 nO9 P 1 1 00. • -J �J,i r ; tpy� _ — l' 1570v • • !7 .p°n :! OgG � � 'f. 01611-17 elolue]fft, �_ _ \ 1t�L0y, /.. •l.. lr�','-15JC �-, , 140.•i• •�j `�'Ottia '-� �•�j {1 HOn,0 - J•r }`I �� �' -. — �f, P7'/,rQe' _�-n,•- PL �i' ARCHAEOLOGICAL SITES PREPARED FOR: LANIHAU PROPERTIES PREPARED BY: AKINAKA & ASSOCIATES, LTD. SOURCE: CULTURAL SURVEIS INC. KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU IST & 2ND NORTH KONA, HAWAII FIGURE # 4-6 PAGE NO. 4-74 Final EIS: Kaloko-Honokohau Business Park Table 4-5 Arrharnlnoical Site T\'nes Source: Appendix 8 Notes: * indicates burials or possible burials present 4-75 Site Numbers Habitation Type: (Temporary (T), Permanent (P). Recurrent (R); Site Types (#) Trail(s) (5) 02, 18099, 18103. 18122, 18133, Walls & wall segments (6) 13031, 18080, 18087, 18105, 18186, 18356 Petroglyphs (2) 18081, 18091 Outcrops (7) 18083 (T), 18089, 18108, 18130, 18140, 18142, 18193, Rock shelters (2) 18084 (T), 18128 (T), Lava tubes (14) 18085 (T), 18088* (T), 18094 (T), 18102 (T), 18117*, 18124 (T), 18125 (T), 18131 (R), 18132 (T), 18134* (T / refuge), 18138 (R), 18187 (T), 18188 (P), 18197* Pecked basin, pahoehoe excavation (2) 18086, 18097 Complexes can contain numerous elements - terraces, enclosures, platforms, trails, etc. (14) 18090 (T), 18092 (R), 18098 (P), 18111 (T/ag), 18112 (P), 18116* (P), 18118, 18121 (R), 18127 (R), 18136, 18137 (P), 18190 (P), 18189 (P), 18194, Abu (4) 18093,18096,18100,18114, Mound (s) (2) 18095, 18135 Enclosure, enclosure remnants (9) 18101 (T), 18104, 18107, 18109, 18110, 18119, 18126 (P), 18143 (T), 18192 (T), Platform (2) 18106 (undetermined), 18113, Lava blister (1) 18120 (R) Sink (1) 18123 Pavement (1) 1 18139 (T) Terrace (1) 1 18195 (R) Source: Appendix 8 Notes: * indicates burials or possible burials present 4-75 Final EIS: Kaloko-Honokohau Business Park Of the 73 recorded sites in the Petition Area, 50 (68 percent) are located in several concentrations between the Queen Ka'ahumanu Highway and 175 feet above sea level, where there are lava tubes and kipuka in pahoehoe lava surrounded by the dominant Wa flow. Few sites were identified between 175 and 225 feet in elevation, where the topography consists of a steady rise to the next plateau. Between 225 feet elevation and the mauka end of the Petition Area the remaining 23 (32 percent) are found, on a gently sloping plateau area, with sinks, lava tubes and rock shelters widely dispersed. To put the Petition Area in context, beyond its mauka upper boundary the same kinds of sites exist, with a predominance of agricultural and temporary habitation components. This general pattern continues up to 900 feet in elevation, after which sites become more dense with more permanent habitation and agricultural sites and features. The great majority of sites in the Petition Area date from pre-Westem Contact, while some exhibit a combination of pre- and post -Contact use, and some are historic -era sites. They vary in context from traditional Hawaiian use to historic -era ranching. The traditional Hawaiian sites, which contain a variety of formal site and feature types, include: intensive dryland agricultural complexes; simple agricultural features and sites; temporary, recurrent and permanent habitation sites; a refuge cave; human burials; animal containment features; an ahupua'a wall and various boundary walls; petroglyphs; a network of trails; and ahu. The historic -era sites are associated with cattle ranching. Significance Assessments An important aspect of the survey was to provide functional interpretations and to apply an initial assessment of significance. The functional interpretations were established on the basis of structural characteristic and in some cases associated artifacts, in conjunction with external correlations with other archaeological studies and interpretations in the general region. Additionally, limited subsurface testing was performed to provide important information regarding the likely function of the sites and chronological information. Appropriate procedures have been followed to identify and gather sufficient inventory information to make initial assessments regarding site significance. The full archaeological inventory survey from which Appendix 8 was abstracted (Robins et al. 2000) has been prepared and submitted to SHPD, which is currently reviewing the report. All sites were evaluated by the archaeologists as having some level of archaeological significance (Table 4-6). In overview, they recommended that of the 73 sites, 8 sites are significant for preservation, 31 are significant for the information they contain and are recommended for data recovery, and 34 sites are recommended for no further work, as sufficient information has already been obtained from them, and they are therefore deemed no longer significant. 4-76 Final EIS: Kaloko-Honokohau Business Park The initial significance assessments are based on criteria established by both the Hawaii and the National Registers of Historic Places. To be significant, an historic property shall through design, construction materials, workmanship, feeling and association meet one or more of the following criteria: A Be associated with events that have made an important contribution to the broad patterns of our history; B Be associated with the lives of persons important in our past; C Embody the distinctive characteristics of a type, period, or method of construction; represent the work of a master; or possess high artistic value; D Have yielded, or be likely to yield, information important for research on prehistory or history; E Have an important traditional cultural contribution or value to the native Hawaiian people or to other ethnic groups of the State. The State Historic Preservation Division has concurred with the significance assessments. Table 4-6 Archaeological Sites by Significance Criteria Site Criteria Site Numbers A,C,D 18099 A,C,D,E 02,18134* C D 18098, 18112, 18133 C,D,E 18091 D 13031,18080,18083,18084,18085,18086,18087,18089,18090,18092, 18093,18094,18095,18096,18097,18100,18101,18102,18103,18104, 18105, 18106, 18107, 18108, 18109, 18110, 18111, 18113, 18114, 18118, 18119,18120,18121,18122,18123,18124,18125,18126,18127,18128, 18130, 18131, 18132, 18135, 18136, 18137, 18138, 18139, 18140, 18142, 18143, 18186, 18187, 18188, 18189, 18190.18192, 18193, 18194, 18195, LD.=E18081, 18356 18088*. 18116*, 18117*. 18197* Source: Appendix 8 Notes:. indicates burials or possible burials present 4-77 Final EIS: Kaloko-Honokohau Business Park Table 4-7 4rchaenlnpical Preservation Sites State Site Numbers for Sites Slated for Preservation Function and Site Type 18116 Permanent Habitation Complex (with Burial Component) 02, 18099 Representative Portions of Transport or Transit Trails 18088, l 8117, 18134, 18197 Lava Tubes with Burials 18081 Petroglypb Concentration along Mamalahoa Trail Source: Appendix 8 Impacts and Mitigation Measures Development of the proposed project will result in alterations of the landform that will destroy some of the archaeological sites. The proposed project has been planned in close coordination with archaeological and cultural inventory to ensure that all known burials and all sites important for preservation or data recovery would be preserved in place. Mitigation of significant historic sites generally takes one of two forms: 1) preservation, or 2) data recovery. Preservation is accomplished either through site protection as is, or through the development of an interpretation program. As described above, of the 73 sites, 8 sites are recommended for preservation, 31 are recommended for Data Recovery, and 34 sites are recommended for no further work. In order to ensure proper treatment; several formal plans will be prepared in consultation with SHPD, the Hawaii Island Burial Council, Kaloko-Honokohau National Historical Park, the Hawaii State Na Ala Hele Trials Advisory Group, and other organizations. These are the Preservation Plan, the Data Recovery Plan, and the Burial Treatment Plan. Although the details of these plans have not been finalized. the following mitigation measures are expected to be incorporated: • All known burials will be preserved in place, and all sites recommended for preservation will be preserved. • Buildings, road, and infrastructure have been planned and will continue to be planned to avoid and incorporate buffer zones for all burial and preservation sites. • Burials will receive treatment in close coordination with lineal descendants and the Hawaii Island Burial Council. • Interpretive programs, including signage and access for certain preservation sites, will be developed in consultation with Kaloko- Honokohau National Historical Park. 4-78 Final EIS: Kaloko-Honokohau Business Park The developer, consulting archaeologist and cultural historian will continue their coordination with local historians, resource persons, and community groups in gaining a full appreciation of the historical and archaeological resources of the Petition Area. It is expected that permitting agencies will require successful completion of the actions specified in the Preservation Plan, Data Recovery Plan and Burial Treatment Plan in order to proceed with development plans. If any previously unidentified sites, human burials, or remains such as artifacts, shell, bone or charcoal deposits, rock or coral alignments, pavings, or walls are encountered, work will stop immediately and SHPD will be consulted to determine the appropriate mitigation. Information on functional associations may also be generated in data recovery, which could change the presently recommended treatment. Care will be taken during ground preparation to ensure that, in the unlikely event that human burials are present, they are recognized and dealt with appropriately. The Data Recovery and Preservation Plans will be submitted to SHPD and must be approved before any activity with the potential to adversely affect historic sites is permitted. These plans are expected to be completed during the next year. Secondary and Cumulative Impacts: The archaeological inventory survey considered the regional distribution of sites of the types found in the Petition Area, along with the frequency and preservation of such sites on a regional basis, when considering the need for preservation and data recovery of each individual site. This ensured that there would be no adverse impact to the overall historical heritage and information contained in the archaeological sites of West Hawaii. Modified Alternative Impacts and Mitigation 4.3.3 Cultural Impact Assessment 4.3.3.1 Background A Cultural Impact Assessment prepared for the project is attached as Appendix 10 and is summarized below It addresses cultural impact, and is meant to: 1) satisfy the requirement of Chapter 343, HRS, to address cultural impacts, and 2) to provide information to address the constitutional duty of agencies of the State of Hawaii to protect the reasonable exercise of customarily and traditionally exercised rights of native Hawaiians, to the extent feasible, in connection with such petitions. To this end, the 4-79 Final EIS: Kaloko-Honokohau Business Park Hawai'i Supreme Court has recently pronounced an analytical framework within which State agencies may fulfill this constitutional duty. In the recent case of Ka Pa'akai O Ka 'Aina vs. Land Use Commission, the court directed the LUC, in consideration of petitions for district boundary amendments, to make specific findings before reaching a decision on the petition concerning: 1. The identity and scope of "valued cultural, historical and natural resources" in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area. 2. The extent to which those resources — as well as traditional and customary native Hawaiian rights — will be affected or impaired by the proposed action, and 3. The feasible action, if any, to be taken by the LUC to reasonably protect native Hawaiian rights, if they are found to exist. This cultural impact assessment was prepared in accordance with the methodology and content protocol provided in the Nov. 19, 1997 Guidelines for Assessing Cultural Impacts from the Office of Environmental Quality Control. This included examining cultural practices and beliefs within the ahupua'a of Honok6hau Nui and Honok6hau Iki and surrounding areas, conducting research on archival -historical literature, and identifying and consulting with individuals and/or organizations with knowledge of the area's cultural resources, practices, and beliefs, or of its historical and natural resources. The information in this assessment was largely drawn from a separate, detailed report by Kepa Maly (Maly 2000), copies of which have been provided to all libraries on the EIS distribution list (See Section 1.6). 4.3.3.2 Traditional Land Use Ancient Hawaiian Land Divisions In Reference To The Project Site By the time 'Umi-a-Liloa rose to rule the island of Hawaii in ca. 1525, the island (moku- punr) was divided into six districts or moku-o-loko (Fornander 1973—Vol. 11:100-102). On Hawaii, the district of Kona is one of six major moku-o-loko within the island. The district of Kona extends from the shore across the entire volcanic mountain of Hualalai, and continues to the summit of Mauna Loa, where Kona is joined by the districts of Kati, Hilo, and Hamakua. Kona, like other large districts on Hawai'i, was further divided. The northernmost portion of North Kona was called "Kekaha" (descriptive of an and coastal place). Native residents of the region affectionately referred to their home as "Kekaha-wai-'ole o na Kona" (Waterless Kekaha of the Kona district), or simply as the "'aina kaha." It is within this region of Kekaha, that the two ahupua'a of Honok6hau are found. The large districts (moku-o-loko) and sub -regions ('okana and kalana) were further divided into manageable units of land, and were tended to by the maka'ainana (people of the land) (Malo 1951:63-67). Of all the land divisions, perhaps the most significant management unit was the ahupua'a. Although the term is familiar to most Hawaii 4-80 Final EIS: Kaloko-Honokohau Business Park residents, it may be recalled that ahupua'a is a pie -shaped wedge of land that extends from the ocean fisheries fronting the land unit to the mountains or some other feature of geological significance (e.g., a valley or crater). The boundaries of the ahupua'a were generally defined by the topography and cycles and patterns of natural resources occurring within the lands. The ahupua'a were also divided into smaller manageable parcels of land (such as the 'ili, ko'ele, mala, and kihdpai, etc.) in which cultivated resources could be grown and natural resources harvested. These access rights were almost uniformly tied to residency Entire ahupua'a, or portions of the land were generally under the jurisdiction of appointed konohiki or lesser chief -landlords, who answered to an ali'i-'ai-ahupua'a (chief who controlled the ahupua'a resources). The ali'i-'ai-ahupua'a in tum answered to an ali'i 'ai moku (chief who claimed the abundance of the entire district). Thus, ahupua'a resources supported not only the maka'ainana who lived on the land, but also contributed to the support of the ali'i of regional and/or island kingdoms. As long as sufficient tribute was offered and kapu (restrictions) were observed, the maka'ainana who lived in a given ahupua'a had access to most of the resources from mountain slopes to the ocean. This right to gather resources was generally tied to residency within an ahupua'a, and also was tied to the obligation to pay tribute to the ali'i (Malo 1951:63-67; Kamakau 1961:372-377; and Boundary Commission testimonies cited in Maly 2000). This form of district subdividing was integral to Hawaiian life and was the product of careful adherence to resource management planning. In this system, the land provided fruits and vegetables and some meat in the diet, and the ocean provided a wealth of protein resources. Also, in communities with long-term royal residents, divisions of labor (with specialists in various occupations on land and in procurement of marine resources) came to be strictly observed. It is in this setting that we find Honok6hau and the present study area. Na Hono i nd Hau 'Elua: The Ahupua'a of Honokohau Nui and Iki The Honok6hau ahupua'a are two of twenty-three ancient ahupua'a within the 'okana of Kekaha-wai-'ole. Hono-k6-hau may be literally translated as "Bay -of -wind -born -dew", and a traditional account by 7.W.H.I. Kihe cited in Maly (2000) implies that the name is descriptive of the hau (dew) which seasonally seems to flow down the mountain. The dew carried with it moisture by which native residents successfully grew dry land crops, and was considered life-giving. Traditional and historic literature, and oral historical accounts describe Honok6hau as among the favored lands of Kekaha. The fresh watered shores of Honok6hau; the fishponds of 'Aimakapa, 'Ai'6pio and ponds like Kahinihini'ula; salt making locations and the rich ocean and near -shore fisheries; the inland agricultural field systems; and diverse forest and mountain resources attracted native residents to the area, and sustained them on the land. Land Use Patterns within the Ahupua'a The ahupua'a of Honok6hau crosses several environmental zones that are generally called "wao" in the Hawaiian language. These environmental zones include the following: 4-81 Final EIS: Kaloko-Honokohau Business Park Kahakai Nearshore fisheries and shoreline strand Kula Kai Shoreward plains Kula Uka Inland plains Wao Kanaka Region of man (lit.) Wao Nahele Region of forest Wao Ma'ukele Rainforest Wao Akua Region or zone of deities (lit.) The following is a more detailed description of each of these environments as they pertain to Honokohau: Kahakai The Kahakai includes the nearshore waters and the beach strand areas. In Honokohau, these areas were rich in marine resources. Kula Kai and Kula Uka The kula region of Honokohau and the greater Kekaha is now likened to a volcanic desert, though native and historic accounts describe or reference groves of native hardwood shrubs and trees such as 'Wei (Osteomeles anthyllidifolia), elama (Diospyros ferrea), uhiuhi (Caesalpina kavaiensis), and ohe (Reynoldsia sandwicensis) extending across the land and growing some distance shoreward. The lower kula lands receive only about 20 inches of rainfall annually, and it is because of their dryness that the larger region, of which Honokohau is a part, is known as "Kekaha." While no water appears on the surface, abundant groundwater flows beneath the lava and feeds the springs, fishponds and anchialine ponds on the Kula Kai (coastal flats). These were transitional lands between the intensively utilized kahakai and the Wao Kanaka. Because of the limited rainfall and barren soils, uses within these areas were primarily transitional or intermittent in nature. Wao Kanaka and Wao Nahele Continuing along the Kula Uka (inland slopes), the environment changes as elevation increases. In the Wao Kanaka (region of man) and Wao Nahele (forest region) rainfall increases to 30 or 40 inches annually, and taller forest growth occurs. This region provided native residents with shelter for residential and agricultural uses, as well as a wide range of natural resources that were important for religious, domestic, and economic purposes. In Honokohau, this region is located 4-82 Final EIS: Kaloko-Honokohau Business Park generally between the 1,200 and 2,400 -foot elevations, and is crossed by the present-day Mamalahoa Highway (which is situated not far below the ancient ala loa, or foot trail that was part of a regional trail system). Continuing further inland, Honok6hau Nui ends near Pu'u Hinakapo'ula, at about the 6,000 foot elevation, where it meets the region of Kaloko on the north, Kaupulehu to the east, and Kealakehe and Honua'ula on the south. Wao Ma `ukele and Wao Akua In the upper reaches of Honok6hau Nui and extending into Kaloko and Keauhou, we find the Wao ma'ukele (a rain forest -like environment) and the Wao Akua, literally translated as the "region or zone of deities" The Wao Akua is so named because of the pattern of cloud cover and precipitation that settles upon the mountain slope—this covering was interpreted as concealing from view the activities of the deity and gods who were believed to walk the land under the cover of the mist and clouds (1959:16-18; and M.K. Pukui, pers. comm. to Kepa Maly 1975). Historical Accounts Of Honokohau And Kekaha There are a number of early (pre -nineteenth century) and later historical accounts that specifically name Honok6hau, and most of the accounts describe the area in the context of the larger Kekaha region (Fornander 1959; Kamakau 1961; I'i 1959). These accounts describe an area rich with legend and associations with important events in Hawaiian history, and also refer to use of the various marine resources, including working fishponds in the Honok6hau-Kaloko vicinity. The surf at Honok6hau was also noted as important. Kamakau (1961) reported that following the death of Kamehameha and the period of mourning and purification, Liholiho (Kamehameha II), who retreated to Kawaihae upon the death of his father, began his return to the Kailua area. On the way, Liholiho stopped at Honok6hau and dedicated a heiau to his god and prepared for his return to Kailua. The events that unfolded at Honok6hau also set in motion, the "'ai noa" (free eating), or breaking of the kapu (restrictions) of the gods that heralded the end of the ancient religious system. In the nineteenth and early twentieth centuries, references to Honok6hau are limited—most likely a result of the great changes in the regional population that occurred in the early 1900s. Ellis' account from 1823 (1961) and Wilkes (1845) mention various areas in Kekaha but not Honok6hau specifically. In 1913, H.W. Kinney's visitor's guide to the island of Hawai'i included a description of Honok6hau in which he noted a dozen houses by the beach, salt making, the remains of a heiau, and "some excellent specimens of the papa konane, or checker boards used by the 4-83 Final EIS: Kaloko-Honokohau'Business Park ancient Hawaiians" (Kinney 1913:57-59). In 1924, the Hawaiian language newspaper Ka Hoka o Hawaii published a variety of traditional accounts of Kekaha, penned by J.W.H.I. Kihe. Kihe also submitted articles reflecting on the changes he had seen in his lifetime: "The lands of Honokohau were filled with people in those days, there were many women and children with whom I traveled with joy in the days of my youth. Those families are all gone, and the land is quiet. There are no people, only the rocks remain, and a few scattered trees growing, and only occasionally does one meet with a man today [1924]. One man and his children are all that remain." (Kihe 1924 in Maly 2000) Cultural -Historical Context The ancient Hawaiians saw (as do many Hawaiians today) all things within their environment as being interrelated. That which was in the uplands shared a relationship with that which was in the lowlands, coastal region and even the sea. This relationship and identity with place worked in reverse as well. The ahupua'a as a land unit was the thread that bound all things together in Hawaiian life. The lands of Honokohau Nui and Iki were among the favored lands of Kekaha, where water, one of the most important natural resources needed for sustaining life, was often difficult to come by. The highly valued, and carefully managed resources of Honokohau extended from the sea to the forested mountain slopes of Hualalai. The diverse resources available to the native residents included rich deep sea and nearshore fisheries (ko'a), highly developed loko Va (fishponds and fish traps), sheltered shores and canoe landings (awa pae wa'a), and fresh water springs (punawai), which provided potable water to sustain the native residents, as well as supporting the unique balance required for long- term propagation and collection of fish from the loko Pa. A wide range of environmental zones (wao), extending from near shore to upland forests provided the natural resources and materials necessary for the development of a sophisticated agricultural system. These resources allowed the native residents of the lands to meet their immediate community needs as well as contribute to the overall support of the larger Hawaiian social, economic, religious and political system of Kona. Oral history interviews formed an important part of the historical recording process for the information upon which the cultural impact assessment was based. Potential When the interviewees were contacted, they were told of the proposed Lanihau project, and asked if they could participate in the interview program. Prior to beginning the oral history interviews, a simple -form questionnaire guideline was developed for reference during the interview. The questionnaire followed a standard oral history interview format, and also included specific questions relative to knowledge of sites and practices associated with the study area (incorporating selected information from archival - 4 -84 Final EIS: Kaloko-Honokohau Business Park historical resources), as well as questions aimed at eliciting recommendations of site treatment. During interviews and other communications, several historic maps were re- ferenced, and as appropriate, general locations of sites referenced were marked on maps. All of the interview participants have either lived upon or worked the lands of Honokohau Nui and lki (dating back to 1913), or frequented the coastal village while visiting family members or fishing (dating back to ca. 1927). Additionally, the historic interviews include documentation based upon personal experiences dating back to the 1890s. Several of the interview participants are descended from native Hawaiian families who lived at Honokohau since at least the 1840s. Some of the consultation program participants are also descended from native residents of the Honokohau vicinity, or have worked (and continue to work) on historic preservation and resource management issues in Honokohau and the larger Kona region. Responses regarding traditional cultural sites in the Petition Area parcel were of a general nature. With the exception of the Alanui Aupuni (Old Government Road), and a cave site on the Petition Area's edge (known to the interviewee as a result of archaeological inves- tigations of the 1970s), no one shared knowledge of specific sites in the Petition Area. All interviewees recorded that in the early twentieth century, residency and life in Honokohau focused on activities that took place on the shore, or in the uplands, with little activity (except for limited ranching) on the lower kula (flatlands or plains). Some area residents worked the fishponds and off -shore fisheries while living on the shore at the small village in Honokohau Iki; others lived in the uplands, where kalo (taro), 'ulu (breadfruit), 'uala (sweet potatoes), coffee and other crops were grown; and others lived and worked on ranches, generally in the area extending mauka from the Mamalahoa Highway. Those who resided in the Honokohau vicinity all recorded that except for occasional excursions into the lowland kula (generally undertaken as a part of the ranch operations), little or no travel occurred via trails in Honokohau Nui for as long as the interviewees can remember (ca. 1915). Travel via mauka-makai trails in Honokohau Iki-Kealakehe; lateral shore line travel between Honokohau and Kailua; and mauka-makai travel between Honokohau to upland Kohanaiki (the trail crossed through Kaloko) did take place. Two informants stated that in their youth (ca. 1930), they went with older relatives to areas perhaps directly adjacent to the Petition Area in Honokohau Iki to cultivate 'uala (sweet potatoes) and other crops which could be grown in pockets of soil and mulched planting areas on the lava flats of the lower kula (flatlands). While interviewees were not able to share site specific documentation for resources within the 337 -acre Petition Area, many of them expressed concern for the archaeological sites that may have been found prior to or during project fieldwork. The interviewees concurred with the preservation of sites with ilina (human remains), sections of the old mauka-makai trail, and other sites, as the archaeological inventory survey recommended. It was also suggested that some of the sites within the study area may receive some level 4-85 Final EIS: Kaloko-Honokohau Business Park of interpretation (tying in with the interpretation of Kaloko-Honokohau), and there was agreement that it might be appropriate to curate any artifacts which may be discovered on the parcel in the Kaloko-Honokohau National Historical Park collection (thus remaining on the land of origin). The effects of the project on downslope water quality (especially at the Kaloko- Honokohau Fishponds and nearby anchialine pond resources) and the National Park itself were also of concern to many interviewees. The Petition Area is located approximately 3,000 feet mauka of the shoreline (Kahakai zone), within the dry, barren Kula Kai and Kula Uka zones. These areas were transitional lands between the more heavily utilized Kahakai and the Wao Kanaka zones where the ancient Hawaiians traditionally lived. The major uses in the Kula Kai and Kula Uka zones were in general, temporary or intermittent. Uses included trails, intermittent agriculture, and temporary habitation. Limited cultural activities, including burials occurred in these lands as well. The proposed project, which will include a mix of commercial and industrial uses, is consistent with the character and traditional use of this region. The proposed uses reflect a transitional or intermittent use of the area by residents. They will come to this area during the day for business purposes, then return home to the more comfortable residential areas which tend to be located in the Kahakai or Wao Kanaka zones. A key element of the development plan for this area is to retain the integrity of the ahupua`a by recognizing the relationship of the area and the proposed uses to the climatic zones, protecting important archaeological and cultural sites within the Petition Area and by minimizing the impacts to the linkage between the Kahakai and Wao Kanaka zones within Honokohau by protecting trail segments and visual corridors from the shoreline to the mauka regions of Hual'alai. In addition, the proposed development will be done in a manner to protect the water resources that will flow from the upper regions of Honokohau to the shoreline. 4.3.3.3 Valued Natural Historical and Cultural Resources The Honokohau lands were highly utilized by native Hawaiians before Western contact, especially in the Kahakai and Wao Kanaka zones. However, the Petition Area, which is in the Kula Kai and Kula Uka zones, had much less intensive, often intermittent or transitional utilization, including trails, temporary habitation, and agricultural uses. Although it is acknowledged that certain activities within the Petition Area have the potential to cause impacts off-site or otherwise interact in a way as to cause harm to valued resources, it is important to maintain the distinction between the relatively limited resources in the Petition Area and the significant resources in the greater Honokohau lands, most of which have already been protected in the National Park. 4-86 Final EIS: Kaloko-Honokohau Business Park Valued Cultural, Natural and Historical Resources in the Honokohau Ahupua'a As discussed above, traditional and historic literature as well as oral historical accounts describe Honokohau as among the favored lands of Kekaha for its shoreline, rich ocean and near -shore fisheries and marine resources, fishponds at 'Aimakapa and 'Ai'opio, salt making locations, mauka agricultural field systems, and diverse forest and mountain resources. A number of storied places associated with history and legend are present, and there are also heiau and other features that have vital functions in symbolizing and enabling the relationship among the Hawaiian people, resources, and spiritual activities. Many reminders of these resources still exist, especially in the Kaloko-Honokohau National Historical Park, where there are excellent examples of natural and human - altered ponds and water features, along with the extensive archaeological resources and numerous human burials, all of which are important to protect and honor. Valued Cultural, Natural and Historical Resources in the Petition Area The Petition Area contains cultural resources in the form of archaeological features, including intensive dryland agricultural complexes; temporary, recurrent and permanent habitation sites; trails and ahu; petroglyphs; a refuge cave, and ahupua'a and various other walls. Archaeologists have determined that some are important and valuable enough to be significant for preservation in place. These features demonstrate that at one time the area supported a variety of activities. This appears to have been based mostly on the position of this somewhat barren intermediate area between the resource -rich and well-settled areas mauka and makai. There are remnants of a mauka/makai trail extending through the center of the Petition Area. This trail provided access between the Kahakai and the Woo Kanaka zones. According to the interviews, these trails have not been utilized since the mid -1800s. Since at least these periods, access between the mauka areas of Honokohau and the shoreline area was via the Kaloko Trail to the south or along Palani Road to Kailua Village then north along the coastal trails. While there were heiau in the Kahakai and Wao Kanaka Zones of Honokohau, there are no such features within the Petition Area. Furthermore, according to native testimony, the Kula Kai and Kula Uka lands here did not contain any land features (such as pu'u) that were used for locating ko'a 'opelu (opelu fishing grounds). Seven human burials are present, all associated with lava tubes . They represent a sensitive and important cultural resource, one which those consulted urged to be properly respected and preserved in place. The Petition Area appears to have contained very few valued natural resources such as traditional quarries or water features, although plants important for cultural purposes (e.g., ko'oko'olau) were probably present. Today, alien vegetation has replaced native species almost entirely, leaving only the most common natives. Still present are two native plants with ethnobotanical value, the 'uhaloa (Waltheria indica) and maiapilo (Capparis sandwichiana). The former species is very common in many parts of the Big Island; the latter is less common but relatively well -distributed throughout the Kula Kai. 4-87 Final EIS: Kaloko-Honokohau Business Park Furthermore, extensive archival research and interviews have revealed no traditional or ongoing practices or beliefs specifically associated with the Petition Area, nor are there any specific traditional and customary native Hawaiian rights being exercised. Relationship Between Petition Area and Entire Ahupua'a As stated above, there were and are connections between the Petition Area and the lands mauka and makai. The significance of the abupua'a as a mauka-makai planning unit or management entity has diminished over time, as ownership patterns have become fragmented and modem development patterns and infrastructure have evolved. Nevertheless, certain land use principles fundamental to the ahupua'a concept continue in the Kekaha region, and more specifically, Honokohau. The Kahakai, which represents the resource -rich and highly productive coastline, as well as portions of the Kula Kai, are protected within the Kaloko-Honokohau National Historical Park, which will preserve and interpret the history and uniqueness of this most vital component of the ahupua a. Moving mauka, the transitional lands of the Kula Kai and Kula Uka (which include the project area) today fill a useful and necessary role in the Kona community by providing for commercial and industrial services. The area is well-suited for this use largely due to its favorable terrain, central location, and ready access to the major transportation routes and facilities in West Hawaii. It also does not conflict with the traditional ahupua'a uses either makai or mauka. Next mauka is the Wao Kanaka region, which has continued as the desired living and farming belt in North Kona for many of the same reasons that it was favored in history - adequate rainfall and soil, pleasant temperatures, and relative proximity to the shoreline activities. More mauka still and extending into and above the mauka-most portions of Honokohau, is the Wao Ma'ukele rainforest belt. Here, residential use is less common and is more rural in character, often interspersed with farming, ranching or forested areas. Extending even further mauka into the fog -shrouded upper elevations of Hualalai is the Wao Akua, within the Keauhou ahupua'a. The ahupua'a concept has been transformed, but the values of prudent land use and resource management which were honored in the past merit enduring respect. In particular, issues related to the water cycle, scenic vistas, and being good neighbors remain as important as ever. Furthermore, these relationships extend beyond the ahupua'a to adjacent areas. It is thus important to establish not only the valued cultural, natural and historical resources and native Hawaiian rights related to these in the Petition Area, but also those in surrounding areas that could be affected. The resources that have been specifically and repeatedly cited by those interviewed for the project (and others in discussions and 4-88 Final EIS: Kaloko-Honokohau Business Park meetings) are water quality and the visual character of the ahupua'a, particularly as seen from the coastal area, where the traditional visual connection between the summit, slopes and coastal waters is best preserved. Unmitigated impacts to water quality, in particular, could theoretically jeopardize valuable resources in ponds and nearshore waters, which have cultural value and implications for native Hawaiian rights concerning fishing and gathering. 4.3.3.4 Impacts to Valued Natural Cultural and Historical Resources and Mitigation Based on historical research and oral interviews, as well as review of natural and historical resources, it can be concluded that there are few valued cultural, natural or historical resources within the Petition Area itself. Those present include various archaeological sites and human burials important for preservation in place. With mitigation through preservation where recommended, as well as access to and interpretation of certain archaeological sites, there will be minimal adverse effect. The treatment of the seven known burials, all associated with lava tubes, will be in accordance with procedures approved by the Hawai'i Island Burial Council and the State Historic Preservation Division. The proposed project site has not been used for traditional cultural purposes in the recent memory of any of the extensive list of interviewees consulted as part of the oral history research. It is reasonable to conclude that based upon the limited range of resources and the proposed mitigation to all affected resources, the exercise of native Hawaiian rights related to gathering, access or other customary activities will not be affected, and there will be no adverse effect upon cultural practices or beliefs. Indirect impacts to the valued cultural, natural or historical resources elsewhere in the two ahupua'a of Honokohau and adjacent areas are intrinsically more difficult to evaluate. The resources that have been specifically cited by native Hawaiians consulted for the project have been water quality and the traditional visual character of the ahupua'a. The project has the potential through alteration of water quality and topography to impact upon these resources. It is particularly important to recognize that native Hawaiian cultural beliefs and practices are continually affected by the loss of land to development that intrudes into the natural setting, changes the landscape, and disturbs traditional sites and trail networks. These processes have become recently intensified in North Kona, where the rate of development is rapidly increasing. When taken in pieces, each development does not necessarily impose a significant cultural impact, especially when concentrated mauka of Queen Ka'ahumanu Highway. Eventually, however, the transformation of the lava fields may result in the loss of this traditional Kona landscape. Similarly, incremental alteration of groundwater may cumulatively detract from the water quality upon which cultural practices partly rely. ' Other sections of this EIS have evaluated in detail offsite impacts, both from project -only and cumulative perspectives. Water quality studies quantified the degree of impact, and formulated mitigation measures that are designed to avoid or minimize to minor levels 4-89 Final EIS: Kaloko-Honokohau Business Park any adverse impact on water quality. Small changes in groundwater flow levels, salinity and nutrient concentrations would occur as a result of the project, but not to a degree that would harm individual species or the biological community structure of the nearshore marine environment or ponds. When the full range of projects planned in the Kaloko and Honokohau ahupua'a between Mamalahoa Highway and Queen Ka`ahumanu Highway is implemented, mitigation of the cumulative impacts would require connection to a municipal sewage system, which is expected to occur. Toxic substances can readily be limited to concentrations below the threshold of harm to human health or ecosystems by adherence to applicable laws and regulations which require implementation of appropriate Best Management Practices (BMPs) for containment, transfer, use and monitoring of these substances. The EIS also considers visual impacts, especially from the standpoint of viewers within the National Park, where cultural practices are important and ongoing. The scenic view of the summit and upper slopes of Hualalai from the coastal areas of Honokohau will not be obstructed by the proposed development of the Petition Area. At the South Access Road intersection with Queen Ka'ahumanu Highway, which would access the Petition Area and also serve as the major gateway to the National Park, project design would provide a harmonious connection between the two properties, with native plants playing a prominent role in landscaping. The continued discussions with the National Park, Na Kokua Kaloko- In summary, in the judgement of Lanihau, with implementation of mitigation as recommended in the EIS, the proposed Kaloko-Honokohau Business Park would have a minimal adverse impact upon valued cultural, natural or historical resources, as well native Hawaiian rights, beliefs, and practices in the project area. Secondary and Cumulative Imnacts: No cultural practices or beliefs will be adversely impacted by the project, and no valuable natural, cultural or historical resources will be substantially affected, given implementation of mitigation measures to prevent adverse impacts to culturally important viewplanes and water quality of the culturally important ponds and marine waters downslope of the project. Proper treatment of historic sites with cultural values will prevent adverse cumulative impact. 4.3.4 Economic Economic Overview In general, the economic base of West Hawaii is in the midst of a major transition. Forty years ago West Hawaii was a stable agrarian society, with scattered villages, a resident population of about 14,000, little tourism, and limited commercial and industrial development. All finished products were shipped from Oabu, there was a relatively simple financial structure with few major retailers, and most of the island's businesses were located on the Hilo side. 4-90 Final EIS: Kaloko-Honokohau Business Park The last four decades have seen a steady, if somewhat cyclical, trend towards an urban economy, echoing the transitions seen on Oahu in the 1940s through 1960s, and on Maui in recent years. Today, most of the state's major businesses are represented in West Hawaii with independent major facilities. Where few base businesses once existed and consumer options were limited, there is now competition and an expanding spirit of local entrepreneurship. Nonetheless, agriculture remains one of the island of Hawai'i's prime economic industries. Sugar, macadamia nuts, and coffee have historically been the major agricultural products. The last of the Big Island's sugar operations sbut-down during early 1996, although coffee and macadamia nuts remain important. Significant and growing contributions are being made by the state's diversified agricultural sector, with crops including papayas, vegetables, cut flowers, and nursery products. Livestock raising remains an important economic activity. Kamehameha Schools has over the last five years leased 20,000 acres to Prudential Timber for production of timber/forest products, primarily fast-growing eucalyptus trees to be used in plywood as well as other wood and wood fiber products. 15,000 of those acres are located within the Hamakua district, while an additional 5,000 acres in Ka'u were leased in June 1998. Two other noteworthy agricultural developments have occurred in the past two years. The University of Hawaii developed a ringspot resistant super papaya variety; which may reinvigorate the flagging papaya industry on the Big Island. Second, the first operating agricultural crop irradiation plant opened recently in Keaau. The facility deals with a variety of infestations commonly found on Hawaii produce, which will allow greater export potential for Big Island crops. Historically, most jobs on the Big Island were related to agriculture, directly or through services. Only in the 1960s did tourism begin to provide large numbers of jobs, With the demise of sugar, tourism has become increasingly vital to the economy of Hawaii, despite being subject to periodic downturns. Tourism has experienced meaningful recovery since late 1996 and is in a definite upcycle, particularly on the Kohala Coast, one of the most popular destinations in the State of Hawaii. Expensive, resort -residential homes in both Kona and Kohala are a prominent element of this recovery. East Hawaii remains hard hit from the recession, as more than 1,000 sugar industry -related jobs have been lost since 1993. Over 45,000 acres have been taken out of sugar production. A small portion has been utilized for other purposes, including truck farming, timber, cattle grazing, or various start-up, experimental or low capital requirement activities. Few of these efforts employ meaningful numbers of former sugar workers, and most of the former sugar cane acreage now lies fallow. 4-91 Final EIS: Kaloko-Honokohau Business Park However, the island's economy is poised for recovery. After the relatively quiet 1990s, the visitor industry is booming and conditions are ripe for a period of accelerating growth. In the first five months of 2000, State of Hawaii general excise tax receipts from Hawaii County have risen by 18 percent over the corresponding period in 1999, and the value of private construction permits has risen by 54 percent. Annual growth of receipts in West Hawaii and Puna are estimated as even higher (www.Hawai'i.gov/dbedt/selected). Tourism gains, recovery in construction expenditures, growth of the agricultural industry and the development and strengthening of new sections in the economy will provide for the foundation of this growth in 2001 and beyond. A summary of the various population and economic indicators comparing Hawaii County and West Hawaii is provided in Table 4-8. Table 4-8 Summary of Historic and Projected Population and Economic Indicators For the West Hawaii Region, 1960 to 2020 1 19601 19701 19801 19901 __20001 esident Population Hawaii CountV 61,332 63,468 92,053 120,317 149,600 173,900 205,400 oAnnual Compounded Chane 0.34% 3.79% 2.71% 2.20% 1.52% 1.68° West Hawai i Re ion 14,167 14,472 27,518 43,373 65,031 82,776 104,343 oAnnualCom oundedChane 0.21% 6.64% 4.66% 4.13% 2.44% 2.340 %of CountyTotal 23.10% 22.80% 29.89% 36.05% 43.47% 47.60% 50.80° conomic Indicators 1. Tourism Hawaii CountyRoom Count 581 3,166 5,889 8,952 9,900 11,400 13,000 oAnnual Compounded Chane 18.48% 6.40% 4.28% 1.01% 1.42% ].137 West Hawaii Region 152 1,584 3,844 6,825 7,600 8,900 10, YAnnual Compounded Chane 26.41% 9.27% 5.91% 1.08% 1.59% 1. %of Coun Total 26.16% 50.03% 65.27% 76.24% 76.77% 78.07% - 78.awaii County Visitor 119,000 477,720 761,103 1,030,900 1,300,000 1,800,000 2,350rrivals oAnnualCom oundedChane 14.91% 4.77% 3.08% 2.35% 3.31% 2 West Hawaii Region (2) 27,000 254,720 442,483 730,900 975,000 1,450,000 1,975,000 o Annual Compounded Chane 25.16% 5.68% 5.15% 2.92% 4.05% 3.14° % of County] otal 22.69%1 53.32%1 58.14%1 70.90% 75.00%1 80.56% 84.04° 2. Job Count Hawaii 7ountv Job Count 22,293 1 28,410 38,200 1 57,200 63,500 78,400 95,000 eAnnual Compounded Chane 1 2.45% 3.01% 4.12% 1.05% 2.13% 1.940X West Hawaii Region (est) 3,300 1 8,600 17,300 34,200 40,200 53,900 68,000 oAnnual Compounded Chane 10.05% 7.24%1 7.05% 1.63% 2.98% 2.350 1.0 1. TM o ;9 790/1 61 11"0 71 590 Sources: US Census (population), Hawai'i Visitors Bureau (tourism) County of Hawaii and State DBEDT (employment) Notes: (1) Includes the districts of North Kohala, South Kohala, North Kona and South Kona. (2) Estimated according to port of entry. 4-92 Final EIS: Kaloko-Honokohau Business Park A three -fold economic analysis was conducted specifically for the proposed project is attached as Appendix 9. The report provided: AMarket Study, to ascertain whether there would be sufficient demand in the West Hawai'i industrial and commercial markets to successfully absorb the finished inventory from the proposed project in a timely manner, considering the project's characteristics and those of competing in-place and proposed regional development. An Economic Impact Analysis, to estimate the general and specific effects on the local economy that would result from the development of the proposed project, including construction and operating employment, wages and income, contractor/supplier profits, end-user expenditures, and other regional monetary and employment effects. A Public Cost -Benefit Assessment, to quantify the impact on public finances arising from the proposed project, specifically in regard to tax/fee revenues which will be received by the State and County of Hawai'i, versus the implied cost of providing needed government services to the development. The following sections present these findings. Full details may be found in Appendix 9. 4.3.4.1 Market Analysis Existing Conditions Following an extended period when demand for industrial lots was down significantly and new development was ata virtual standstill, activityin this sector has meaningfully recovered during the past 24 months. Two new projects offered lots that experienced rapid absorption in 1999; the vacancy rates among existing buildings have declined; and numerous new structures are being proposed. All relevant indicators point to the early stages of an up -cycle period in West Hawaii, with tourism rising, a solidifying economic base, decreasing unemployment rates, and an increase in business creation. Methods The analysis of the West Hawai'i industrial market sector was divided into three general subsections: quantification of demand, identification of supply, and correlation of indicators. Demand was modeled as a function of both long- and short-term perspectives; the former used resident and tourism population requirements as a basis for determining additional industrial spatial needs over the next two decades, the latter was based on absorption levels currently being achieved in study area subdivisions and prospects for further business expansion over the next several years. 4-93 Final EIS: Kaloko-Honokohau Business Park The level of existing and proposed industrial acreage supply was then analyzed, with the demand/supply quotients then compared to arrive at a conclusion of need (or lack thereof) for further designation of industrial lands in West Hawaii. Trends in Supply and Demand of Industrial Lands in West Hawaii [Note: Detailed discussion of data and models, including spreadsheet tables, is contained in Appendix 9; the following is a narrative summary only]. Studies of real-estate transactions determined that the study area (Keahole-to-Kailua-Kona) had successfully absorbed some 240.2 gross acres of industrial lands and 1.91 million square feet of finished floor space through 1999, averaging 8.9 acres and 73,200 square feet annually since 1979. Based on population, business expansion and general economic trends, total additional demand is forecast at 388.5 gross acres and 3.18 million square feet over the next 20 years, more than double the present inventory. The existing in-place supply of industrial/business land in the Keahole-to-Kailua-Kona corridor will be sufficient to meet market demands for only another three or four years. After that time, additional properties will be required if the sector is to maintain an appropriate demand/supply balance. The recent offerings at Kaloko Industrial Park Phase 2, Honokohau Iki, and Kohanaiki, while serving to fill pent-up demand that accumulated during the past decade, are almost fully absorbed, mostly by owner -user purchasers who plan on building and occupying the finished space over the next five years. Other existing projects (such as at NELHA and Kawaihae) are not competitive in the general market sector for reasons of restrictions or geography. While there are other large -acreage industrial additions proposed in the region, virtually all would have to be developed in a timely manner in order to meet demand levels. Although there would be an oversupply if all were approved and built during the projection period, this is considered highly unlikely. Several of the projects are second phases of existing parks that have yet to be scheduled, others are not yet approved, some have undesirable leasehold land tenure, and one will probably be put to commercial uses. A competitive highway -frontage location in the in -demand Kaloko-Honokohau neighborhood would appear to be a highly marketable development. The availability of "heavy" (general) industrial lands in West Hawaii is extremely limited, with most located near Kawaihae, well -removed from the growing Keahole-to-Kailua-Kona business corridor. The continuing urbanization of the study area will put a premium on locations convenient for consumers, suppliers, and end-users. The other existing and proposed competing regional industrial parks are tending to focus on mixed -uses, with significant commercial components. Based on comparison with communities of similar size elsewhere, it is estimated that more than 100 acres of heavy (general) industrial lands will be needed in West Hawaii over the next two decades. The Petition Area provides an excellent location, and would be the only currently proposed alternative to meet these market needs. 4-94 Final EIS: Kaloko-Honokohau Business Park Market Absorption of Proposed Project's Lots Based on historic and prevailing market trends, and the anticipated movements in the West Hawaii industrial/business sector, the market study estimated that it would take about 10 years marketing and exposure time to successfully absorb the 102 gross acres of industrial/mixed-use lands in the first phase and the 50 -plus acres of the quarry and heavy (general) industrial lands. The second increment, comprising 82.8 acres of industrial/mixed- use, would require an additional nine to ten years. The final 43 acres of industrial/mixed use would be absorbed over a subsequent four to six years. The entire development would take 23 -plus years to be fully absorbed. In summary, the conclusions of the market analysis were that the property enjoys an appropriate and exceptionally competitive location between two existing industrial/ business parks. It is centrally sited within the emerging Kailua-Kona to Keahole industrial/commercial corridor, an area that has demonstrated strong appeal among regional businesses. The property enjoys direct access to and extensive frontage along West Hawai'i's main thoroughfare, Queen Ka'ahumanu Highway. The interior roads will connect with the street system of the nearby developments. It is a natural in -fill site that has already demonstrated the ability to support a quarry/heavy industrial operation. It will fit in well with the existing and proposed industrial/business uses nearby at Honokohau, Kohanaiki and Kealakehe. By every market perspective it is a favorable location for the proposed use. The project would provide considerable benefit to consumers through widening competition, and no adverse market impacts are expected. 4.3.4.2 Economic Impact Analysis The economic impact analysis accomplished for this EIS (see App. 9 for full discussion) focused on employment and income. Existing Conditions Historically, the Big Island's primary employment sector has been agriculturally oriented. During the 1980s, construction and service sector jobs associated with the growth of the tourist industry, especially the major resort and hotel properties in West Hawaii, began to dominate the job market. This was reinforced by the demise of sugar and its jobs, although the prolonged downturn of the early to mid-1990s produced a slump across all economic sectors, as employment in hotels on the Big Island fell from 6,600 in 1991 to 5,550 by 1995. The sector has experienced meaningful recovery since late 1996, and is within a definite upcycle, particularly on the Kohala Coast. The infusion of West Coast dollars into the resort economy has spurred employment in the service and construction sectors. Population growth 4-95 Final EIS: Kaloko-Honokohau Business Park and business diversification have resulted in a multi -faceted and flexible labor pool in West Hawai'i, although workers are not always fully employed, as Table 4-9 indicates. The latest unemployment figures for the Big Island show a dramatic drop to less than six percent. Table 4-9 State and Hawaii Countv 1993 to Present II 11993 1994 1995 1996 1997 1998 1999 II Hawaii State 13.8% 5.2% 6.0% 5.7% 6.4% 5.4% 5.6% Hawaii County 15.9% 9.6% 7.8% 8.6% 10.2% 8.0% 9.6% Source: State of Hawaii Department of Labor and Industrial Relations. All figures year-end. Impacts and Mitigation Measures The economic impact analysis (see App. 9) calculated that the project would bring an estimated $329.62 million in direct development capital into West Hawaii over the 34 -year build -out period for the project. The analysis calculated infrastructure and building construction, and allocated them over the three phases of the project. Based on this, the project would infuse an anticipated $9.69 million annually into the Big Island building industry on average over the build -out period. This is the equivalent of a 3.5 to 6.5 percent boost over recent yearly construction levels during the mid to late 1990s. Although employment in the depleted West Hawaii construction trades is beginning to rise for the first time in a decade, there is a continuing instability in the Hawaii economy, with limited favorable aspects from an employment perspective. The subject development would be a substantive component of any major recovery. The development of the Kaloko-Honokobau Business Park (subdivision, infrastructure development, building the improvements, and business operations) would create 174,683 worker years of employment during the 34 years required to build -out the project, paying total wages in excess of $5.2 billion in year 2000 dollars (Table 4-10). Thereafter, the operating businesses would generate 6,915 permanent jobs on site and an additional 3,357 off-site jobs, with total annual wages of $298.75 million. The project would lower unemployment in the construction trades by 15 to 25 -plus percent during its building process, and the permanent on-site employees would represent about five percent of the total county workforce three decades hence, making the business park a substantial employment source. The direct economic impact of the undertaking would total more than $5.2 billion during the development time -frame, with indirect impacts of more than twice this amount as the capital, wages and profits flow through West Hawaii. The operating businesses would collect an estimated $839 million annually in gross revenues, and overall the project has the potential to be a diverse, foundational component in the Big Island economy. 4-96 Final EIS: Kaloko-Honokohau Business Park Table 4-10 Total Economic Impact Selected Years and Overall, Years 1-34 Development Year 1 5 10 20 $180,145,625 30 $272,524,063 1-34 $5,213,423,563 $1,150,000 $30,500,625 $80,515,625 s' Profit $275,000 $1,075,000 $1,075,000 $1,075,000 $975,000 $32,962,500 Profit $82,500 $430,000 $430,000 $430,000 $390,000 $13,095,000 FWagesages Impact $1,507,500 $32,005,625 $82,020,625 $182,050,625 $273,889,063 $5,259,481,0b3 Ratio 2.0 2.0 2.0 2.0 2.0 2.0 all $3,015,000 $64,011,250 $164,041,250 $364101250 Source: Appendix 9: In Constant Year -2000 Dollars In summary, the development of the Kaloko-Honokobau Business Park would result in significant expenditures that would favorably impact the West Hawaii economy on both a direct and indirect basis, increasing the level of capital investment and capital flow in the region, which would in tum create employment and widen the tax base. The economic impact is highly beneficial and requires no mitigation. Modified Alternative Impacts and Mitieation frame of the next several decades. Secondary and Cumulative Effects: As with direct effects, secondary economic impacts - including expenditures by Business Park employees, re -investment of profits by businesses, and other factors - are highly favorable. The cumulative impact of this project when considered with other developments on the island of Hawaii will be to provide complementary diversification of employment and the range of competitively priced goods and services; again, this is a beneficial effect. 4.3.4.3 Public Cost -Benefit Assessment 4.3.4.3.1 Introduction and Methodoloev The purpose of this analysis is to determine bow the proposed project would potentially impact public agency resources, and then quantify (where possible) the costs of providing 4-97 Final EIS: Kaloko-Honokohau Business Park expanded services to the project, versus the economic benefits that accrue to the community through an increase in local and state tax payments. For most developments, potential direct costs to governmental services and programs include police protection, fire protection, public oversight agencies, infrastructure services, recreational demands, educational needs, infrastructure costs, and various other services and financial commitments. However, as a privately built industrial project, many of these costs would not be increased on the State or County levels as a result of the proposed Kaloko-Honokohau Business Park. There would be no increased educational or recreational needs directly attributable to the subject development; the major public infrastructure items (highway and primary water/sewer mains) are already in place; and the development would require no specific public subsidies, welfare services, bonding or capital improvements. Direct tax benefits to the state and county coffers would primarily flow from the project and its operation over time from three major sources: Real Property Taxes Gross Excise Tax Receipts State Income Taxes The primary method used in this analysis for the calculation of public costs is the actual cost basis, which considers the need that the proposed project's improvements and users would create for expansion of existing public services. An alternative method for determining public costs is through per capita expenditures incurred by the State of Hawaii and Hawaii County in accordance with the de facto population area of the jurisdiction. This is founded on the principal that each individual on the island equitably benefits from all governmental costs, regardless of type or focus throughout the day, with each new member of the community (whether resident or visitor) creating a proportionate new cost burden in their daily home and working life. The per capita method is an atypical approach for most industrial/commercial developments, as most costs are viewed as accruing to residential aspects of a person's lifestyle and land use. However, the cost analysis included consideration of per capita expenditures in order to demonstrate the overall public fiscal impact potential of the proposed subject project even when viewed from this maximum potential cost perspective. (See App. 9 for rationale and detailed explanation of methods, and for worksheets associated with calculations of figures reported below). 4.3.4.3.2 Public Costs Actual Costs The County of Hawaii would directly incur certain types of cost increases as a result of the Kaloko-Honokohau Business Park, primarily related to emergency services. Analysis 4-98 Final EIS: Kaloko-Honokohau Business Park of response frequencies, time/cost data, and discussions with affected agencies allowed calculation of the annual costs on a stabilized basis after project build -out. Each year, activities in the Petition Area would induce police services worth $188,750, fire protection services of $189,000, and emergency medical response services of $78,000. The other substantial actual cost would be for road maintenance, at $50,000 annually. The total annual cost to the County on a stabilized basis at build -out of the subject development would be $505,750. This cost was calculated on an escalating basis over time, beginning at 10 percent in Year 3, and increasing in accordance with the number of operating businesses in the business park. State of Hawai'i costs would include highway frontage work, health inspections of food service establishments and other minor oversight duties. An allowance of $200,000 per year was made for these items, increasing to the stabilized level as the park is built out. Per Capita Costs According to the state Financial Services database, the State expects to spend a total of $6.7 billion on services, salaries, infrastructure, and financing in 2000. The total de facto population in the State on an average daily basis at year-end 1999 was about 1,380,000 persons, including residents, tourists, and military personnel. The per capita expenditure by the state would thus be about $4,855 for 2000, an increase of over four percent from 1999. From 1979 through 1999, costs increased at a rate of just over five percent annually compounded. The average daily worker population in the Petition Area at build -out would be 6,715 persons, a figure reached in Year 34 of the development process. Assuming that each worker spends about one-quarter of their life on the job (or at their place of employment), the allocated state cost per worker would be $1,214 per year. The total "costs" to the public purse at stabilization by the project using the per capita allowance method would be $8.152 million in constant Year 2000 dollars. At build -out, the first phase of development would have some 2,830 permanent workers (non -construction) equating to a total cost to the state of $3.44 million. The second phase an additional 2,383 workers and an associated cost of $2.89 million, and the third phase, an additional 1,502 workers and cost of $1.82 million. Analyzed on a similar basis, the County of Hawai'i's budget in the year 2000 was $186,264,404, which represents a compounded annual growth rate of 4.83 percent from 1995 onwards. The 2000 de facto population on the Big Island was some 161,000 persons (comprised of 145,000 residents and 16,000 visitors). The resulting de facto per capita county expenditure for 2000 was therefore about $1,157. 4-99 Final EIS: Kaloko-Honokohau Business Park Assuming 25 percent of the total County cost per resident as the share for each worker while on the job, the average annual amount spent by Hawaii County to support the workers at the proposed Kaloko-Honokohau Business Park would be $289 per worker. Application of this figure to the total on-site worker population at build -out yields $1,940,635 annually in costs to the County government on a stabilized basis (6,715 workers times $289). This would be comprised of Phase 1 costs of $817,870, Phase 2 costs of $688,687 and Phase 3 allocated expenses of $434,078. Total Costs On an actual cost basis (the most applicable analytical method for a business park), the State and County expenses associated with the subject development would range from $75,575 in Year 3 of the project (the first year of business occupancy) to a stabilized maximum of $555,750 at build -out in Year 34 in year 2000 dollars. Phase 1 costs at completion would be $419,313. It is assumed that costs would reach the stabilized projection level by the build -out of Phase 2. On a per capita allowance basis (which, it should again be noted, is an atypical perspective and an absolute maximum accounting of all direct, indirect and inferred costs), the total governmental costs to the State and County would be $10.092 million annually. 4.3.4.3.3 Public Benefits County Real Property Taxes Property taxes paid by landowners in the subject project were calculated using the 1999-2000 tax rates for both land and buildings, improved and unimproved. Assessed values for the lots are based on an average sales prices of $4 per square foot for quarry/heavy industrial lots, and a range of $8 to $17 per square foot for the industrial and mixed-use industrial/commercial lots in the three phases, with the most valuable being those having highway frontage or located near the main entrance. The improvement assessments are based on the projected development and construction costs of the finished buildings (at $1,625,000 for the industrial and mixed-use structures and $1,000,000 for the heavy industrial buildings). This estimate is conservative, because it likely understates the assessments on the improvements, as market value often exceeds reproduction expense. A taxation rate for the industrial/mixed use of $10.00 annually per $1,000 of assessed value was assumed. The improvements would be classified as industrial or commercial with a tax rate of $8.50 per $1,000 of assessment. Land taxes are based on an unserviced value of $50,000 per acre for 337 useable acres of the subject site in Years 1 and 2, 4-100 Final EIS: Kaloko-Honokohau Business Park increasing to $57,212,000 per acre in Year 3 as the Phase 1 subdivision infrastructure is finished and lots are absorbed at market prices. The unserviced phases remain assessed at $50,000 per acre until developed. The assessed values of the finished improvements are added as of the year of their construction. All real property value of the subject holding is assumed to be vested in the completed "salable" components, with no assessment placed against open spaces, roads, or other community systems. The total real property tax to be paid to Hawaii County in 2000 dollars ranges from $168,500 in Year l of development, to a stabilized level of $6,990,019 at build -out in Year 34 and beyond. Phase 1 would generate $3.41 million annually in property taxes, Phase 2 an additional $2.26 million, and Phase 3 another $1.32 million. The aggregate taxes paid over the 34 -year study time -frame would be $128.59 million. State Income Tax The State would receive income taxes from two sources: • Wages of workers employed in the construction, maintenance, and operation of the Kaloko-Honokobau Business Park components; and • Corporate profits from contractors and suppliers serving the construction and maintenance phases of the development, and as generated by on-going industrial, commercial, and quarrying operations. According to DBEDT data, individual State of Hawaii income tax liability as a ratio to gross income has ranged from 5.62 to 5.80 percent during the past decade, with the more current figures tending toward the mid- to upper -end of the range. The analysis employed an effective tax rate of 5.80 percent of gross income for individual workers and full-time residents. The effective tax rate for the corporate income is estimated at 2.00 percent of gross operating profits, based on available DBEDT statistics. The total income tax revenues to be received by the state are projected at $76,850 in the first year of construction increasing to a maximum level at Year 34 of $18.42 million annually in constant 2000 dollars. On a stabilized basis, after build -out, the incomes of permanent onsite and offsite workers, combined with operating onsite businesses, would yield an annual state income tax of $18.42 million. On a phase -by -phase breakdown, the initial increment annual income taxes paid would stabilize at build -out at $7.96 million, the Phase 2 taxes would be $6.42 million, and the Phase 3 income taxes are estimated at $4.04 million. Over the 34 -year study period, the cumulative income taxes paid are estimated at $317.53 million. The analysis did not include any corporate income or other taxes which would be paid by Lanihau as a result of its profits from undertaking the Kaloko-Honokohau Business Park 4-101 Final EIS: Kaloko-Honokohau Business Park development, or from the secondary jobs created by the discretionary spending of workers and businesses. It should be noted that such items have the potential to be substantial contributions to the State coffers. State Gross Excise Tax This 4.166 percent of expenditures tax was applied against: Total estimated construction contract costs; Total gross sales of the industrial, mixed-use commercial and quarrying businesses; and Discretionary expenditures by the worker population of the subject (estimated at 40 percent of total wages). The anticipated State excise tax receipts arising from the subject development would grow from an estimated $201,426 in the first year of development to a peak of $40,068,223. Over the 34 -year study period, the receipts would total $688.9 million and stabilize at circa $40.0 million per year. Phase 1 stabilized excise tax revenues would be an estimated $16.92 million (excluding construction items); Phase 2 would be $14.28 million; and Phase 3, $8.79 million. The analysis did not include any excise tax revenues associated with the direct, local "multiplier effect" expenditures on the Big Island, or those created in the secondary market by the suppliers to the operating businesses or secondary worker expenditures. Total Public Benefits (Revenues) In constant 2000 dollars, the aggregate annual tax revenues flowing from the subject development at full project build -out range from: $168,500 to $6,990,019 per year for the County of Hawai'i, stabilizing over time at the higher figure, totaling $128.59 million over the 34 -year development projection time -frame; $278,276 to $58,483,971 annually for the State of Hawaii, stabilizing at $58,416,274 million per year, and cumulatively at $1.006 billion over the 34 -year projection period; and $446,776 to $65,473,900 per year for total tax receipts (County and State), totaling $1.135 billion for the first three -plus decades of the Kaloko-Honokohau Business Park community. 4.3.4.3.4 Cost -Benefit Analysis: Summary As with most large scale privately -built industrial/commercial projects, the subject development has the potential to be a major net contributor to the tax base of the State 4 -lot Final EIS: Kaloko-Honokohau Business Park and Hawaii County. Minimally, on an actual cost basis, the level of services required from the State (not directly reimbursed through user costs/fees) are estimated to be less than $200,000 annually by build -out in year 2000 dollars. For the County, which would provide emergency services (the primary cost), the actual yearly costs on a stabilized basis at build -out would be an estimated $505,750. Maximally, if viewed on a per capita allowance basis, as a portion of all governmental costs associated with every person throughout the day (which is atypical, as most costs are generally viewed as accruing to a place of residence), the total costs to the State would be $8.152 million per year, and $1.940 million to the County. Regardless of the cost perspective, each level of government would see a large revenue benefit, as the stabilized revenues flowing to the State would be more than $58.48 million annually, and some $6.990 million to the County each year. (Detailed, year -by -year tables of public cost -benefit are contained in Tables VI -1 and VI -2 of App. 9). The net benefit to the state at completion after 34 years would be from $50.2 to $58.2 million per year, and to the county it would be from $5.05 to $6.48 million annually. Individually, each of the three phases of the park would generate a net revenue benefit for both the County and the State, and in no single year would there be a shortfall by either governmental entity. 4.3.5 Roads and Traffic Existing Facilities The Petition Area borders Queen Ka'abumanu Highway, a two-lane arterial highway with right-of-way capacity for expansion to a six -lane highway with additional frontage roads (Fig. 4-7). It is the primary highway along the South Kohala and North Kona coasts, connecting Kailua-Kona with Kona Intemational Airport, and extending north to the Kawaihae Harbor area and resort areas, including the Four Seasons at Hualalai, Waikoloa Beach Resort, Mauna Lani Resort and Mauna Kea Beach Resort. Other major roadways that provide access to the vicinity of the project site include Mamalahoa Highway and Hina Lani Street (Fig 4-7). Access to the Petition Area itself is currently via an existing road to the quarry. This road, which is called North Access Road to distinguish it from a future South Access Road, has exclusive left- and right -tum lanes, and left- and right -turn acceleration lanes at its intersection with Queen Ka'abumanu Highway. Mamalahoa Highway is a two-lane arterial highway located several miles mauka of Queen Ka'ahumanu Highway. It provides the primary route between Waimea and Kailua-Kona. Hina Lani Street is a two-lane collector roadway that provides mauka- makai access between Queen Ka'ahumanu Highway and Mamalaboa Highway. Hina 4-103 Final EIS: Kaloko-Honokohau Business Park Lani Street intersects both highways at stop -controlled, Tee -intersections. Kamanu and Kanalani Streets intersect Hina Lani Street at stop -controlled Tee -intersections and provide access to Kaloko Industrial Park. Planned Future Access to the Petition Area Two intersections off the Queen Ka'abumanu Highway would provide access to the project area. One is the existing road to the quarry and related uses (North Access), and the other would be built opposite the access to the Kaloko-Honokohau National Historical Park entry (South Access). Lateral access from adjacent commercial/industrial areas would be provided through the proposed extension of the existing Kamanu and Kanalani Streets between Hina Lani Street and Kealakehe Parkway (Fig. 4-7). With Government -Planned Facilities in Region The Hawaii County General Plan Facilities Map and the Keahole to Kailua Development Plan's Roadway Plan identify the future proposed road network for the study area. This proposed network is shown in Fig. 4-7. Major roadways proposed include: • Widening Queen Ka'ahumanu from two to four lanes between Palani Road and Kona International Airport; • Extending Kealakehe Parkway to Mamalahoa Highway; • Extending Kealakaa Street to Kaiminani Street; • Extending "Mid -Level Road" between Palani Road and Kaiminani Street; and • Constructing other roads to provide circulation within the study area. The Hawaii Long Range Land Transportation Plan (HLRLTP) was prepared for the Hawaii DOT in 1998. The plan evaluated the regional transportation needs based upon population, employment and visitor number forecasts, and it identified improvements that would be required to address the traffic needs by the year 2020. The HLRLTP establishes priorities and a general schedule for the provision of major road improvements with the County. As shown in Table 4-11, the HLRLTP identified various roads within the study area for development. 4-104 ROADWAY SYSTEM PREPARED FOR: IANDIAU PROPERT ES PREPARED BY: AKINAKA & ASSOCIATES, LTD. SOURCE: LANIHAU PROPER71ES AND HAWAII COUNTY GENERAL PLN ECRL 1T IST KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU IST & 2ND NORTH KONA, HAWAII FIGURE # 47 PAGE NO. 4-105 .. { ._.:. -��; . •- , �� � L - 1 .. _fes' .PAV�'Rt.. - _Q >. HE- MODLE { `a904 {r40 EE I sN. xl t W" � •��.• •�•i DEK10EVE10^YM a I G .�" • & 1 - - O "'1 Kwc.:o-MwoKa+Au Q "o� WOKOKAU 900 NAFMM f 1 '��� \ Y { ��•IN.KFJ.ONCi " IL -r t KAILKO IIOM _ LEGEND PETITION AREA N - ; EXISTING ROADS j .......... PROJECT AREA ROADS PROPOSED FUTURE ROADS { _occ sw c :000 2000 00uc ROADWAY SYSTEM PREPARED FOR: IANDIAU PROPERT ES PREPARED BY: AKINAKA & ASSOCIATES, LTD. SOURCE: LANIHAU PROPER71ES AND HAWAII COUNTY GENERAL PLN ECRL 1T IST KALOKO-HONOKOHAU BUSINESS PARK HONOKOHAU IST & 2ND NORTH KONA, HAWAII FIGURE # 47 PAGE NO. 4-105 Final EIS: Kaloko-Honokohau Business Park Table 4-11 Planned Roadways No. Faciflty Location Description/Improvements Prioritv Street Kealakehe Parkway New two lane highway with Tier 1 (by Extension to Hina Lani Street intersection improvements as 2005) (Mid Level required r4bHenry Road) Queen Kona International Widen existing two-lane highway to Tier 1 (by Ka'ahumanu Airport to Palani four -lane divided highway with 2005) Highway Road intersection improvements 39 Kealakehe Kealakehe Parkway New two-lane highway including Tier 2 (by Parkway Terminus to intersection improvements as 2010) Hawaii Belt Road required. Source: Hawaii Long Range Land Transportation Plan (HLRLTP) Hawaii DOT, 1998. the balance of the project has not been set. As part of the design for these improvements, Lanihau has agreed to relocate the main access for the Kaloko-Honokohau Business Park on Queen Ka'ahumanu Highway approximately 700 feet to the south, (the South Access Road) directly across from the existing access to the Kaloko-Honokohau National Historical Park (See Fig. 2-1). HDOT is proposing to be responsible for fully improving this intersection with traffic signals and turning lanes as part of this agreement. Traffic Impact Analysis Report (TIAR) A traffic impact assessment was conducted in order to identify potential traffic impacts resulting from the proposed project and to recommend improvements to mitigate such impacts (Appendix 11). Field investigations took place during morning (6:30 — 9:30 AM) and afternoon (2:00 PM — 5:30 PM) peak traffic periods in October 1999. The following intersections were among those surveyed: • Queen Ka'ahumanu Highway and Hina Lani Street • Hina Lani Street and Kanalani Street • Hina Lani Street and Kamanu Street • Mamalahoa Highway and Hina Lani Street Existing Traffic The Transportation Research Board's concept of Level of Service (LOS) was used to qualitatively evaluate traffic conditions. Six Levels of Service ranging from ideal "A" to unacceptable "F" were recognized. 4-106 Final EIS: Kaloko-Honokohau Business Park Most intersections within the study area operated at satisfactory Levels of Service (i.e., "C" or better) during the 7:15 AM -8:15 AM peak hour of traffic (Table 4-12). Queen Ka'ahumanu Highway and Mamalahoa Highway operated at an overall LOS "D" and "E" respectively during this period. During the 4:00 PM — 5:00 PM peak, the Hinalani- Kanalani Street intersection operated at LOS "F", and the left -tum movement from Hinalani Street onto Queen Ka'ahumanu Highway operated at LOS "F" (Table 4-12). All other intersections within the study area operated at satisfactory Levels of Service ("C" or better) during the PM peak hour. Queen Ka'ahumanu Highway and Mamalahoa Highway themselves operated at LOS "E" during this period. Table 4-12 Existing Traffic Conditions Intersection Movement AM LOS I PM7qF Queen Ka'ahumanu Hwy at Hina Lani St. Eastbound (LT) A Hina Lani St. to Queen Ka'abumanu Hwy Northbound (RT) Southbound (LT) B D Kanalani St. at Hina Lani St. Eastbound (RT) Westbound (LT) C C F Kamanu St. at Hina Lani St. Eastbound (RT) Westbound (LT) A A B B Mamalahoa Hwy at Hina Lani St. Westbound (LT) B A Hina Lani St. at Mamalahoa Hwy. Southbound (RT) Northbound (LT) C C B C Source: Appendix 11 Future Traffic Assumptions The HLRLTP estimated that by the year 2020, the average daily traffic (ADT) on Queen Ka'abumanu Highway would increase to 29,300 vehicles per day (vpd) between Kona international Airport at Keahole Point and Kealakehe Parkway. ADT on Mamalahoa Highway was forecast to increase to 18,400 vpd. These figures represent about a 3.4 percent annual increase in regional traffic, using 1999 as the base year. The HLRLTP was used as the basis for establishing regional traffic. Although expanded development was an integral factor in the HLRLTP forecasts, in order to provide conservative estimates that would account for worst-case local traffic generation, the traffic analysis for the project used the HLRLTP figures as the baseline traffic. It then added traffic that would be generated from both the proposed project, from the Kaloko Industrial Park Phases III and IV, and from all other developments in the Hina Lani Street area that would likely be operational by the years 2010 and 2020 (refer to Section 2.6 for a list and description of these projects, and Appendix 11 for discussion of traffic generation related to them). 4-107 Final EIS: Kaloko-Honokohau. Business Park The TIAR also took into account those roadway projects that are likely to be implemented (independent of the proposed project) in the next 20 years, by the State or County of Hawai'i, as discussed above under "Government -Planned Facilities in Region," or by the developers expanding of the Kaloko Industrial Park (Wilson Okamoto 2000). Completion of various roadway projects has been assumed in the traffic analysis: By the year 2010: Queen Ka'abumanu Highway will be widened from two to four lanes from Henry Street to Kona International Airport Access Road. The intersection of Queen Ka'ahumanu Highway and Hina Lani Drive will be signalized. The intersection of Queen Ka'ahumanu Highway and the Kaloko-Honokohau National Historical Park Access Road will also be signalized. The latter intersection will also be improved to provide exclusive left- and right -tum lanes on northbound and southbound Queen Ka'ahumanu Highway.' Eastbound Hina Lani Street will be widened/restriped at Kanalani Street to provide a channelized right -tum lane, and westbound Hina Lani St. will be widened/restriped at Kanalani Street to provide an exclusive left -turn lane. Eastbound Hina Lani Street will also be widened to provide a right -turn deceleration lane at Kamanu Street. As recommended in the Kaloko TIAR (Wilson-Okamato 2000, App. G): 1) Kanalani Street will be widened/restriped at Hina Lani Street to provide separate right- and left- tum lanes; 2) Westbound Hina Lani Street will be widened/restriped at Kamanu Street to provide an exclusive left -turn lane and a median storage lane; and 3) Kamanu Street will be widened/ restriped at Hina Lani St. to provide exclusive left turn and right turn lanes. Mamalaboa Highway will be signalized at its intersection with Hina Lani Street, and southbound Mamalahoa Highway will be widened to provide an exclusive right -tum lane at Hina Lani Street. By the year 2020, Kealakehe Parkway will be widened at Queen Ka'ahumanu Highway to provide an exclusive left -tum lane. Exclusive left -tum lanes will be built on eastbound Kealakebe Parkway at the extended Kamanu Street, and separate left- and right -turn lanes would be built on the extended Kamanu Street at Kealakehe Parkway. 1 DOT has agreed to construct these improvements as part of the Queen Ka'ahumanu Highway Widening Project in return for agreement by Lanihau to locate its main access to the Petition Area to coincide with the Kaloko-Honokohau National Historical Park entrance. As part of this agreement DOT may restrict use of the North Access Road intersection, once the South Access Road improvements to the Project Area have been completed. 4-108 Final EIS: Kaloko-Honokohau Business Park • One or more continuous north -south roadways will be built between Palani Road and Kealakehe Parkway, such as the Henry St. Extension, Kealakaa Drive, or Waena Drive: • Mamalahoa Highway will be widened in both directions at its intersection with Hina Lani Street to provide two through lanes. • Eastbound Hina Lani Street will be widened to provide a channelized right tum deceleration lane to Kamanu Street. • Eastbound Hina Lani Street will be widened to provide a right tum acceleration lane from Kamanu Street. Year 2010 Trajjic Analysis The traffic analysis considered the combined traffic from the general "background" increase between now and 2010, traffic generated from the proposed project and the Kaloko Industrial Park Phases III and IV, and traffic generated from other developments operating on the expected road network for various key intersections (Table 4-13). Table 4-13 Traffic Conditions at Year 2010, With and Without Project Intersection WithoutWith Project AM PM Project AM PM Queen Ka'ahumanu Highway at Hina Lani St. B C B C North Access C D B B South Access (KHNHP Access) B A B C Kealakehe Parkway N/A M/A N/AN/A Hina Lani Street at Kanalani St. _C F E_ D Kamanu St. F_ E _F F Mamalahoa Hwy F F_ C D Kealakehe Parkway at Kamanu St. N/A N/A N/A N/A Source: Appendix 11. Note: A - Intersection LOS (Signalized Condition) A - Critical Movement LOS (Unsignalized Condition) N/a - Not applicable (not included in the analysis) Year 2010 Peak Hour Traffic Without Project The key intersection in the project area - Queen Ka'abumanu Highway and Hina Lani Street - is expected to operate at an overall LOS "B" during the AM peak traffic hour, and LOS "C" during the PM peak traffic hour. The Queen Ka'ahumanu Highway's intersections with North and South Access Roads will generally have good LOS, except for an LOS "D" in PM peak at North Access Road. The Hina Lani Street intersections 4-109 Final EIS: Kaloko-Honokohau Business Park with the sidestreets entering the Kaloko Industrial Park will have fairly poor LOS at the peak hours, and the Mamalahoa Highway intersection with Hina Lani will have LOS F at both peaks. Year 2010/Phase I Peak Hour Traffic: Impacts of the Proposed Project and Mitigation In order to mitigate the effects of the proposed project, Lanihau will contribute their fair improvements and programs. The following "project -related improvements" are proposed to be completed as part of the Phase 1 development activities: • Westbound South Access Road would be provided with three lanes at its intersection with Queen Ka'abumanu Highway. • The right -turn deceleration and acceleration lanes on northbound Queen Ka'ahurnanu Highway at the North Access Road would be lengthened. • Kanalani Street would be extended from the nor -them boundary of the Petition Area to intersect with the North and South Access Roads. • Kamanu Street would be extended from the northern boundary of the Petition Area to intersect with the North and South Access Roads. The projections for the year 2010 listed in Table 4-13 and described below assume the completion of both non -project and project -related roadway improvements. Comparing with and without -project scenarios, the key intersection of Queen Kaahumanu Highway and Hina Lani Street is expected to have the same satisfactory levels during the AM and PM peaks as without the project. The road improvements that the project would involve would result in satisfactory LOS at these intersections at all peak hours. Peak hour AM and PM LOS at the intersections off Hina Lani Street will stay at roughly the same unsatisfactory levels as without the project. The Hina Lani Street - Mamalahoa Highway intersection would improve from unsatisfactory to satisfactory levels. In conclusion, the peak hour increase in vehicles generated by the year 2010 by the proposed Kaloko-Honokohau Business Park is expected to impact traffic on existing roadways in the area. The traffic improvements recommended here, in addition to those associated with other projects, are expected to mitigate the traffic impacts resulting from this project. Year 2020 Traffic Analysis As with 2010, the traffic analysis considered the combined traffic from the general "background" increase between now and 2020, traffic generated from the proposed project and the Kaloko Industrial Park Phases III and IV, and traffic generated from all other developments operating on the expected road network for various key intersections Table 4-14 shows these projections. 4-110 Final EIS: Kaloko-Honokohau Business Park Table 4-14 Traffic Conditions at Year 2020, With and Without Project IntersectionWithout AM Project PM AM With Project PM Queen Ka'abumanu Highway at Hina Lani St. C D B B North Access D_ _F B_ B_ South Access (KHNHP Access) B B C D Kealakehe Parkway D E C D Hina Lani Street at Kanalani St. D _F _F F Kamanu St. _F F _F F Mamalahoa Hwy C C D C Kealakehe Parkway at Kamanu St. C B C F Source: Appendix 11. Note: A - Intersection LOS (Signalized Condition) A - Critical Movement LOS (Unsignalized Condition) Year 2020 Peak Hour Traffic Without Project Level of Service at the Queen Ka'ahumanu Highway and Hina Lani Street intersection would have deteriorated somewhat by 2020 to barely acceptable - overall LOS "C" - during the AM peak traffic hour, and LOS "D" during the PM peak traffic hour. The Queen Ka'ahumanu Highway's intersections with North Access Road would be good - LOS `B" at both peaks - but the South Access Road would have an LOS "D" at the PM peak. Similar to 2010, the Hina Lani Street intersections with the sidestreets entering the Kaloko Industrial Park would have fairly poor LOS at the peak hours, and the Mamalahoa Highway intersection with Hina Lani Street would have LOS "F" at both peaks. Year 2020/Phase 2 & 3 Peak Hour Trak: Impacts of the Proposed Project and Mitigation andand nr�� The following "project -related improvements" are proposed to be completed as part of the Phase 2 and 3 development activities: (see Fig. 4-7): Northbound Queen Ka'ahumanu Highway would be widened at the South Access Road in the vicinity of the intersection to provide an additional througb-traffic lane. 4-111 Final EIS: Kaloko-Honokohau Business Park • Southbound Queen Ka'abumanu Highway would be widened at the South Access Road in the vicinity of the intersection to provide an additional through -traffic lane. • A median storage lane would be built on mauka-bound Kealakehe Parkway at Kamanu Street. • A channelized right -turn lane would be built on makai-bound Kealakehe Parkway at Kamanu Street. The following projections for the year 2020 (see Table 4-14) assume the completion of both non -project and project -related roadway improvements listed above. Comparing the with and without -project scenarios, the Queen Ka'ahumanu Highway and Hina Lani Street intersection would improve as a result of the diversification of entry points to the general area that would be provided by the improvements in the Petition Area, offsetting the increase in traffic that these improvements would bring. Because of the project, Level of Service would improve at this key intersection to LOS "B" at both the AM and PM peak. LOS at the North Access Road would also improve relative to the without -project scenario. LOS at the South Access Road, however, would decline, although to levels that are still somewhat acceptable. Peak hour LOS would also improve at the main intersection on Kealakehe Parkway - that of Queen Ka'ahumanu Highway - relative to the without -project scenario. LOS at Kealakehe Parkway's lesser intersection with Kamanu Street, however, would decline somewhat. Peak hour AM and PM LOS at the intersections off Hina Lani Street would stay at roughly the same unsatisfactory levels as without the project. The Hina Lani Street - Mamalahoa Highway intersection would decline slightly to barely acceptable LOS. In conclusion, the peak hour increase in vehicles generated by the year 2020 by the proposed Kaloko-Honokohau Business Park is expected to impact traffic on existing roadways in the area. The traffic improvements recommended here, in addition to those associated with other projects, would mitigate these impacts and result in an overall improvement from the without -project scenario. Although not all intersections would improve in LOS, and some would decline, the major intersections of Queen Ka'ahumanu Highway with Hina Lani Street and Kcalakehe Parkway would be less congested with the project than without it. During the next twenty years, it is likely that additional roadways will be constructed within the Petition Area, in addition to those identified in the HLRLTP priority list. These future roads will continue to provide alternative routes for traffic to flow within the study area as well as to the adjacent areas. This will improve roadway circulation and therefore reduce the anticipated impacts within the Petition Area as they are implemented. Improvements that are not identified in the HLRLTP priority list but which maybe completed include: 4-112 Final EIS: Kaloko-Honokohau Business Park The Mid -Level Arterial (Henry Street Extension) will be extended from Kealakehe Parkway to Kaiminani Drive; and Kealakaa Drive will be extended from its existing terminus to Kaiminani Drive. Modified Alternative Impacts and Mitigation Secondary and Cumulative Impacts: The proposed project's traffic would accumulate with traffic from other developments to cause increases that have the potential to produce congestion, if not mitigated. The methodology for the Traffic Impact Analysis discussed in this section incorporated secondary and cumulative perspectives. In other words, the evaluation of impacts and formulation of mitigation measures accounted for traffic from not only the Petition Area but also from all reasonably foreseeable projects in the area, including the Kaloko Industrial Park Phases III and IV. Importantly, the analysis determined that, given implementation of the proposed mitigation measures, there would be a general improvement in overall Level of Service. 4.3.6 Air Ouality 4.3.6.1 Back rg ound Environmental Setting The climate of the Kailua-to-Keahole area is mild and semi -arid due to its location on the leeward side of the island. Average annual rainfall is about 20-30 inches. Winds in the area exhibit a daily reversal, with light sea breezes during the daytime (peaking in the afternoon) and a shallow mountain drainage wind from the east at night. Wind speeds are generally light and seldom exceed an average daily speed of 10 miles per hour. Light and variable westerly "kona" winds occasionally replace this pattern, most often in winter (UH -Hilo, Dept. of Geography 1998). Air quality in the study area is currently mostly affected by emissions from motor vehicles, industry and natural sources. Volcanic emissions of sulfur dioxide(S02)from Kilauea Volcano convert into particulate sulfate, forming a volcanic haze, locally called vog. Vog becomes trapped in the Kona atmosphere because of the diurnal wind reversal, which creates a largely closed airsbed system. In addition, major manmade air pollution sources include oil -fired power plants, 4-113 Final EIS: Kaloko-Honokohau Business Park which emit SO2, nitrogen oxides (NO,J, and particulate matter (PM), and motor vehicles, which emit carbon monoxide (CO), NO., and hydrocarbons (an ozone precursor), as well as small amounts of other pollutants. The major industrial source of air pollution in the project vicinity is Hawai'i Electric Light Company's Keahole Power Plant, which is located about 5 miles to the north. Air pollution emissions from Keahole Power Plant consist mostly of sulfur dioxide and oxides of nitrogen. Queen Ka'ahumanu Highway, which borders the project site on the makai side, is the region's major arterial roadway. Prevailing onshore winds during the daytime when traffic is heaviest tend to carry emissions from motor vehicles traversing this roadway toward the Petition Area. Ambient Air Quality Standards Federal and State air quality standards seek to limit ambient concentrations of particulate matter, SO2, NO', CO, 0' (ozone), and lead. In addition, there are State standards for hydrogen sulfide (H'S). These ambient air quality standards (AAQS) are specified in Section 40, Part 50 of the Code of Federal Regulations (CFR) and Chapter 11-59 of the Hawaii Administrative Rules. Table 4-15 summarizes State and national (federal) air quality standards. National AAQS are stated in terms of primary and secondary standards. National primary standards are designed to protect the public health with an "adequate margin of safety." National secondary standards define levels of air quality necessary to protect the public welfare from "any known or anticipated adverse effects of a pollutant." Secondary public welfare impacts may include such effects as decreased visibility, diminished comfort levels, or other potential injury to the natural or human environment. In contrast to the national standards, State AAQS are given in terms of a single standard that is designed "to protect public health or welfare and to prevent the significant deterioration of air quality." State of Hawaii AAQS are in some cases considerably more stringent than comparable national AAQS, in particular, for I -hour carbon monoxide and ozone levels. The State and federal governments periodically monitor air quality to determine whether it meets the AAQ standards. Areas that do not meet these standards are termed non -attainment areas. The entire State of Hawai'i is considered to have acceptable air quality and is thus an attainment area. Local Air Quality Data The State of Hawaii operates a network of air quality monitoring stations around the State. Systematic data are not available for most criteria pollutants in Kona, except for particulates and sulfur dioxide, which are of concern because of their association with vog. The data are derived from the Kona station, located on the campus of Konawaena High School, 14 miles south of the Petition Area. As indicated in Table 4-15, measurements of sulfur dioxide concentrations at this location during 1999 were consistently low, with an annual average concentration of 6 mg/m3, 4-114 Final EIS: Kaloko-Honokohau Business Park which represents about 8 percent of the State and national standard. The second-highest 3 -hour and 24-hour concentrations (which are most relevant to the standards) were 43 and 18 mgW, respectively, these are less than 5 percent of the applicable standards. No exceedances of the State/national 3 -hour and 24-hour AAQS for sulfur dioxide were recorded. The annual average particulate concentration for 1999 was 15 mg/m', which equates to about 30 percent of the State/national standard The second-highest 24-hour concentration of particulate matter, 27 mg/d, is about 18 percent of the State/national standard, and there were no violations of the State/national AAQS during the 1999 monitoring period. Table 4-15 Summary of State of Hawaii and National Ambient Air Pollutant F _T Units Averaging Tirne Maximum National Primary Particulate Mattel Pg/m' Anne 24 Horns 50 150, Sulfur Dioxide µg/m' Annual 24 Hours 3 Hours 80 365" - Nitrogen Dioxide µg/m' Annual 100 Carbon Monoxide n9W 8 Hours 1 Hour 10' 40' Ozone µg1d 1 Hour 235' Lead µg/m' Calendar Quarter 1.5 Hydroen Sulfide m' 1 Hour - 'Particles less than or equal to 10 microns aerodynamic diameter 'Not to be exceeded more than once per year Allowable Concentration National I State iecondary ofHawai i 50 1 50 150° 1 150' M 365" 1300" 1 1300' rt � 5' rG 235° 1 100° 35' At this time, there are no reported measurements of lead, ozone, nitrogen dioxide or carbon monoxide in the project vicinity. These are primarily motor vehicle related air pollutants. Lead, ozone and nitrogen dioxide typically are regional scale problems; concentrations of these contaminants generally have not been found to exceed AAQS elsewhere in the State. Carbon 4-115 Final EIS: Kaloko-Honokohau Business Park monoxide air pollution, on the other hand, typically is a microscale problem caused by congested motor vehicular traffic. In traffic congested areas such as urban Honolulu, carbon monoxide concentrations have been found to occasionally exceed the State AAQS. Present concentrations of carbon monoxide in the study area are estimated later in this section based on computer modeling of motor vehicle emissions. Table 4-16 Annual Summaries of Air Quality Measurements for Kealakekua Station Sulfur Dioxide / Kealakekua, Kona Period of Sampling (months) 12 3 -Hour Averaging Period: No. of Samples 2,859 Highest Concentration (mg/m') 60 2nd Highest Concentration (mg/m') 43 No. of State AAQS Exceedances 24 -Hour Averaging Period: No. of Samples 360 Highest Concentration (mg/m') 18 2nd Highest Concentration (mg/m') 18 No. of State AAQS Exceedances 0 Annual Average Concentration (mg/m') 6 Particulate (PM -10) / Kealakekua, Kona Period of Sampling (months) 12 24 -Hour Averaging Period: No. of Samples 47 Highest Concentration (mg/m') 28 2"d Highest Concentration (mg/m') 27 No. of State AAQS Exceedances 0 Annual Average Concentration (m m') 15 Source: State of Hawaii Department of Health, Annual Summary, Hawaii Air Quality Dara, 1999 It is generally accepted that all criteria pollutants are well within standards, at least on a regional basis. The adequate air quality for pollutants other than particulates is mainly influenced by the isolation of the island from any outside sources of pollution. However, CO criteria may be exceeded on occasion near higb-volume intersections during periods when traffic congestion and poor dispersion conditions coincide. 4-116 Final EIS: Kaloko-Honokohau Business Park 4.3.6.2 Short -Term Air Quality Impacts and Mitigation Measures Short-term direct and indirect impacts on air quality could potentially occur due to project construction, principally through: 1) fugitive dust from vehicle movement and soil excavation; and 2) exhaust emissions from on-site construction equipment. Fugitive dust emissions may arise from the grading and dirt -moving activities associated with site clearing and preparation work. The State of Hawaii Air Pollution Control Regulations (Chapter 11-60, HAR) prohibit visible emissions of fugitive dust from construction activities beyond the property line. Thus, an effective dust control plan for the project construction phase is essential. Adequate fugitive dust control can usually be accomplished by the establishment of a frequent watering program to keep bare -dirt surfaces in construction areas from becoming significant sources of dust. In dust -prone or dust -sensitive areas, other control measures such as limiting the area that can be disturbed at any given time, applying chemical soil stabilizers, mulching and/or using wind screens may be necessary. Control regulations further stipulate that open -bodied trucks be covered at all times when in motion if they are transporting materials that could be blown away. Haul trucks tracking dirt onto paved streets from unpaved areas is often a significant source of dust in construction areas. Some means to alleviate this problem, such as road cleaning or tire washing, may be appropriate. Paving of parking areas and/or establishment of landscaping as early in the construction schedule as possible can also lower the potential for fugitive dust emissions. On-site mobile and stationary construction equipment also will emit air pollutants from engine exhausts. The largest of this equipment is usually diesel -powered. Nitrogen oxide emissions from diesel engines can be relatively high compared to gasoline -powered equipment, but the standard for nitrogen dioxide is set on an annual basis and is not likely to be violated by short-term construction equipment emissions. Carbon monoxide emissions from diesel engines, on the other hand, are low and should be relatively insignificant compared to vehicular emissions on nearby roadways. In addition, to avoid air quality impacts from slow-moving construction vehicles traveling to and from the site on major roadways, heavy construction equipment should be moved on-site during periods of low traffic volume. 4.3.6.3 Long Term Air Quality Impacts 4.3.6.3.1 Roadway Traffic Air Quality Impacts After construction is completed, use of the proposed facilities will result in increased motor vehicle traffic on nearby roadways, potentially causing long-term impacts to ambient air quality in the project vicinity. Motor vehicles with gasoline -powered engines are significant sources of carbon monoxide. They also emit nitrogen oxides and other contaminants. To evaluate the potential long-term indirect ambient air quality impacts, computerized emission and atmospheric dispersion models were used to estimate ambient carbon monoxide 4-117 Final EIS: Kaloko-Honokohau Business Park concentrations along roadways leading to and from the project Carbon monoxide is selected for modeling because it is both the most stable and the most abundant of the pollutants generated by motor vehicles. Furthermore, carbon monoxide air pollution is generally considered to be a microscale problem that can be addressed locally to some extent, whereas nitrogen oxides air pollution is generally regarded as a regional issue that cannot be addressed by any single new development For this project, five scenarios were selected for the carbon monoxide modeling study: (1) year 2000 with present conditions, (2) year 2010 without the project, (3) year 2010 with the project, year 2020 without the project and (5) year 2020 with the project. Year 2010 is the expected date for completion of Phase I of the project, and year 2020 is the expected date for full project buildout To begin the modeling study, critical receptor areas in the vicinity of the project were identified for analysis. Generally speaking, roadway intersections are the primary concern because of traffic congestion and associated vehicular emissions. For this study, two of the same intersections identified by the project traffic engineers as being impacted by the project were selected for air quality analysis. These included the following: Queen Ka'ahumanu Highway at South Access Road Queen Ka'ahumanu Highway at Hina Lani Street Intersection configurations and traffic conditions at these two locations are detailed in the Traffic Impact Analysis Report (TIAR) (Appendix 11). It should be noted that the Queen Ka'ahumanu Highway/South Access Road intersection, which will provide entrance to both the Business Paris and the Kaloko-Honokohau National Historical Park, does not currently exist Thus, only the 2010 and 2020 scenarios were studied for this location. The main objective of the modeling study was to estimate maximum 1 -hour average carbon monoxide concentrations for each of the five scenarios studied. To evaluate the significance of the estimated concentrations, a comparison of the predicted values for each scenario can be made. Comparison of the estimated values to the national and State AAQS was also used to provide another measure of significance. Maximum carbon monoxide concentrations typically coincide with peak traffic periods. The traffic impact assessment report evaluated morning and afternoon peak traffic periods. These same periods were evaluated in the air quality impact assessment The EPA computer model MOBILESA (U.S. EPA 1999) was used to calculate vehicular carbon monoxide emissions for each scenario. This sophisticated model incorporates factors for vehicle type mix, hot/cold starts, and ambient air temperatures, each of which were customized for the proposed project After computing vehicular carbon monoxide emissions through the use of MOBILESA, these data were then input to an atmospheric dispersion model, CAL3QHC (U.S. EPA 1992). The model simulates vehicular movement, vehicle queuing and atmospheric dispersion of vehicular emissions near roadway intersections. It is designed to predict I -hour average pollutant concentrations near roadway intersections based on input traffic and emission data, roadway/receptor geometry and meteorological conditions. 4-118 Final EIS: Kaloko-Honokohau Business Park Input peak-bour traffic data were obtained from the TZAR data worksheets (App. 11). These included vehicle approach volumes, saturation capacity estimates, intersection laneage and signal timings. All emission factors that were input to CAL3QHC for free-flow traffic were obtained from MOBILESA, based on an assumed free-flow vehicle speeds of 45 mph on Queen Ka'ahumanu Highway, 35 mph on Hina Lani Street and 25 mph on the South Access Road and the National Park access road Model roadways were set up to reflect roadway geometry, physical dimensions and operating characteristics. Model receptor sites were located about 10 meters from the traveled portion of intersections, 1.8 meters above ground to simulate levels within the normal buman breathing zone. Input meteorological conditions for this study were defined to provide "worst-case" results, i.e., very stable atmospheric conditions and low wind speeds of 1 meter per second with a wind direction resulting in the highest predicted concentration. Conservativeness of Estintates It is important to note that the results presented below reflect several highly conservative assumptions conceming both traffic movement and worst-case meteorological conditions. First, a wind blowing steadily from one direction at a speed of 1 meter per second is extremely unlikely and may occur only once a year or less. Substituting steady winds of 2 meters per second, which is still conservative, the computed carbon monoxide concentrations would be only about half the values given below. The 8 -hour estimates are also conservative in that it is unlikely that anyone would occupy the assumed receptor sites (within 3 in of the roadways) for a period of 8 hours. These assumptions are used to model extreme, worst-case conditions. Predicted Worst -Case 1 -Hour Concentrations Table 4-17 summarizes the estimated worst-case 1 -hour morning and afternoon ambient carbon monoxide (CO) concentrations, which can be compared directly to the State and national AAQS. Estimated worst-case CO concentrations are presented in the table for five scenarios: Year 2000 with existing traffic, Year 2010 without the project, Year 2020 without the project, Year 2010 with the project and Year 2020 with the project. The locations of these estimated worst-case I -hour concentrations all occurred at or very near the indicated intersections. As indicated in the table, the highest estimated 1-bour concentration for the present (2000) case was 5.1 mg/m'. This would occur during the afternoon peak -traffic hour near the intersection of Queen Ka'ahumanu Highway and Hina Lani Street. The predicted worst-case 1 -hour concentration for the 2000 scenario was well within both the national AAQS of 40 mg/m' and the State AAQS of 10 mg/m'. For the years 2010 and 2020 without the proposed project, values increase because of the expected increase in ambient tiaffic, but still remain within both the national AAQS. For 2020, the State AAQS would be exceeded at the South Access Road intersection in the AM peak 4-119 Final EIS: Koloko-Honokohau Business Park Table 4-17 Estimated Worst -Case 1 -Hour and 8 -Hour Carbon Monoxide Concentrations Source: Appendix 12. Notes: 1 -hour 8 -hour National AAQS 10 5 Hawaii State AAQS 40 10 Compared to the 2010 without -project case, predicted worst-case concentrations for 2010 with the project were substantially higher at the intersection of Queen Ka'ahumanu Highway and the South Access, but slightly lower at the intersection of Queen Ka'ahumanu Highway and Hina Tani Street. Potential exceedance of the State standard was indicated at the intersection of Queen Ka'ahumanu Highway and the South Access, but compliance with both State and national standards was predicted at the intersection of Queen Ka'ahumanu Highway and Hina Lani Street. Predicted worst-case ]-hour concentrations for the 2020 with -project scenario were substantially higher at the South Access intersection with Queen Ka'ahumanu Highway compared to the 2020 without -project case, but nearly unchanged at the Hina Lani Street intersection with Queen Ka'ahumanu Higbway. Similar to the 2010 with -project scenario, exceedance of the State standard would occur at the intersection of Queen Ka' ahurnanu Highway and the South Access, but compliance with both State and national standards was predicted at the intersection of Queen Ka'ahumanu Highway and Hina Lani Street. Predicted Worst -Case 8 -Hour Concentrations Worst-case 8 -hour carbon monoxide concentrations are also shown in Figure 4-17. For the 2000 scenario, the estimated worst-case 8 -hour carbon monoxide concentration for the study area was 4-120 Year/Scenario Roadway Intersection 2000 2010 2020 2010 2020 Present Without Pro'ect NNithoot Project With Project R'ith Project Queen I How I How 1 How I How 1 How Ka'ahumanu AM PM AM PM AM PM AM PM AM PM fbghway at 6.8 4.3 6.3 3.9 10.6 82 12.6 10.7 South Access Road 8 How 8 How 8 How 8 How 8 How 3.4 3.2 5.3 6.3 Queen I How I How I How I How 1 How Ka'ahutnanu AM PM AM PM AM PM AM PM AM PM Highway at Hina 4.7 5.1 7.8 6.0 10.2 6.7 7.6 6.4 9.6 7.0 LM,i Street 8 How 8 How 8 How 8 How 8 How 2.6 3.9 5.1 3.8 4.8 Source: Appendix 12. Notes: 1 -hour 8 -hour National AAQS 10 5 Hawaii State AAQS 40 10 Compared to the 2010 without -project case, predicted worst-case concentrations for 2010 with the project were substantially higher at the intersection of Queen Ka'ahumanu Highway and the South Access, but slightly lower at the intersection of Queen Ka'ahumanu Highway and Hina Tani Street. Potential exceedance of the State standard was indicated at the intersection of Queen Ka'ahumanu Highway and the South Access, but compliance with both State and national standards was predicted at the intersection of Queen Ka'ahumanu Highway and Hina Lani Street. Predicted worst-case ]-hour concentrations for the 2020 with -project scenario were substantially higher at the South Access intersection with Queen Ka'ahumanu Highway compared to the 2020 without -project case, but nearly unchanged at the Hina Lani Street intersection with Queen Ka'ahumanu Higbway. Similar to the 2010 with -project scenario, exceedance of the State standard would occur at the intersection of Queen Ka' ahurnanu Highway and the South Access, but compliance with both State and national standards was predicted at the intersection of Queen Ka'ahumanu Highway and Hina Lani Street. Predicted Worst -Case 8 -Hour Concentrations Worst-case 8 -hour carbon monoxide concentrations are also shown in Figure 4-17. For the 2000 scenario, the estimated worst-case 8 -hour carbon monoxide concentration for the study area was 4-120 Final EIS: Kaloko-Honokohau Business Park 2.6 mg/m' at the intersection of Queen Ka'ahumanu Highway and Hina Lani Street. This is under the State standard of 5 mg/d and the national standard of 10 mghn3. For the Year 2010 without -project scenario, the predicted worst-case concentrations are substantially higher than the estimated existing worst-case concentration at Hina Lani Street but still meet both the national and State AAQS. In the year 2020 without the project, the worst-case concentrations were predicted to decrease slightly to 3.2 mg/m3 at the intersection of Queen Ka'ahumanu Highway and the South Access Road, and to increase to 5.1 mg/m' at the intersection of Queen Ka'ahumanu Highway and Hina Lani Street Areas near the Hina Lani Street intersection would potentially exceed the State standard but remain in compliance with the less stringent national standard. For the 2010 with -project scenario, predicted worst-case concentrations would remain nearly unchanged at Hina Lani Street compared to without -project values, but would increase substantially at the South Access. With the project in the year 2010, the area near Hina Lani Street would continue to comply with State and national standards while the area new the South Access intersection with Queen Ka'ahumanu Highway would potentially exceed the more stringent State standard. In the year 2020 with the project, worst-case concentrations were predicted to increase by about 20 to 25 percent at both locations studied compared to the 2010 with -project case. Similar to the 2010 with -project case, areas near the South Access would potentially exceed the State standard while complying with the national standard. Areas near Hina Lani Street would continue to comply with both State and national standards, although the predicted worst-case concentration is only slightly under the State limit In summary, the project would generate air quality impacts that are relatively minor and within all national standards. State standards would be exceeded during peak hours at some intersections under worst-case meteorological conditions. Considering the land use context, no additional mitigation measures other than those employed to improve Level of Service, described in Section 4.3.5 above, are necessary. 4.3.6.3.2 Business Park Air Oualitv Impacts Air pollution emissions from commercial/industrial facilities that might locate at the proposed business park could potentially result in direct impacts on air quality. While the specific residents of the mixed-use commercial/light industrial portion of the proposed project have not yet been identified, it is expected that they would not have the potential to emit substantial amounts of air pollution. The types of businesses that are expected to locate within the mixed-use commercial/light industrial area of the project are listed in Tables 2 -la and 2 -lb. 4-121 Final EIS: Kaloko-Honokohau Business Park None of the permitted uses within the mixed-use commercial/light industrial area have the potential to emit significant amounts of air pollution. Within the Quarry Area, permitted industries with potential to emit air pollution will likely be limited primarily to concrete or asphalt batching and mixing plants or yards. Such facilities typically emit particulate matter, sulfur dioxide, carbon monoxide and nitrogen oxides. Without specific information concerning stockpile sizes and locations, as well as stack heights, gas temperatures, exit velocities and emission rates, air quality impacts from the potential industrial facilities that will be located within the proposed business park cannot be quantitatively estimated. At the present time, such detailed information is not available. However, State of Hawaii air pollution control rules (Chapter 11-60, HAR) require that any activity that causes air pollution must obtain written approval from the director of the Hawaii Department of Health. This written approval generally involves applying for a pemlit to construct and operate a facility that emits air pollution. At the time of application, detailed information must be provided by the applicant concerning the type and nature of any air pollution emissions and the emission control technology that would be utilized. Depending on the magnitudes of the project emissions and other factors, air quality impact analyses and/or air quality monitoring may be required before the application to construct/operate is approved Thus, although an assessment of potential direct impacts from project air pollution emissions cannot be done at this time, State rules may require that such analyses be performed at a later date when specific businesses apply to locate and operate at the proposed business park. Mitigation measures would be formulated at that time. 4.3.6.3.3 Air Ouali!y Impacts from Electrical Generation and Solid Waste The proposed project also will cause indirect air pollution emissions from power generating facilities as a consequence of electrical power usage. The peak electrical demand of the project when fully developed is expected to reach 6,500 (kilowatt-hours) (kW). Assuming the avenge demand is approximately one-half the peak demand, the annual electrical demand of the project will reach approximately 28 million kWh. Electrical power for the project will most probably be provided mainly by oil -fired generating facilities, but some of the project power may also be derived from photovoltaic (which will be encouraged), geothermal energy, wind power or other sources. In order to meet the electrical power needs of the proposed project, power generating facilities will likely be required to bum more fuel; hence, more air pollution will be emitted at these facilities. Given in Table 4-18 are estimates of island -wide emissions for 1993 and indirect air pollution emissions that would result from the project electrical demand, assuming all power is provided by burning more fuel oil at local power plants. The estimated indirect emissions from project electrical demand would amount to less than one percent of the present air pollution emissions occurring on Hawaii Island, even if all power is assumed to be derived from oil. 4-122 Final EIS: Kaloko-Honokohau Business Park Table 418 Estimated Indirect Air Pollution Emissions from Electrical Demand =PoHutantIsland-Wide Emission Rate (tons/year) (all sources Project Emission Rate (tons/year) Particulate 39,468 8 Sulfur Dioxide 9,345 70 Carbon Monoxide 12,912 6 Volatile Organics 27,291 <1 Nitro en Oxides 1,68011 31 Source: U.S. EPA emission factors for utility boilers (U.S. EPA 1995). Note: Assumes electrical demand of 28 million kilowatt-hrs per year and low -sulfur oil used to generate power. Solid waste generated by the proposed development when fully completed and occupied is not expected to exceed about 6,300 tons per year. Currently, all solid waste on the island is buried at solid waste landfills. Thus, assuming this continues to be the method for solid waste disposal, the only associated air pollution emissions will derive from trucking the waste to the landfill and burying it. These emissions should be relatively minor. Modified Alternative Impacts and Mitigation Under the modified alternative. Area D, the 45 -acre niece at the mauka end of the nroo= would not be developed. Air ouality impacts would be reduced through the reduction of motor vehicle traffic, emissions from businesses, electricity generation and solid waste disposal. Although Area D accounts for about 12 percent of the total property. under the main alternative it Secondary and Cumulative Impact: The estimated direct and indirect emissions of existing and planned projects in the West Hawaz i region do not appear to have the potential to cause exceedances of national or State AAQS on a regional basis. Nor would individual construction projects tend to combine to produce adverse temporary impacts, given adherence to dust control and other construction -related measures. Individual intersections that experience congestion from motor vehicle traffic may exceed certain standards, as they do now. These are best addressed through road improvements that better the Level of Service. 4-123 Final EIS: Kaloko-Hon okohau•Business Park 4.4 Public Facilities and Services 4.4.1 Utilities and Enerev Existing Facilities Verizon Hawai'i Tel currently provides telephone service for the region from the switching facilities in Kailua-Kona, with trunk cables on the 69 Kv lines along the east (mauka) side of Queen Ka'ahumanu Highway. Sun Cablevision provides cable television service in West Hawai i. There is presently no cable television service in the vicinity of the Petition Area, with the nearest service at Villages of Lai'opua, several miles to the southeast. Electrical power is provided by Hawaii Electric Light Company (DLCO), a privately owned utility company regulated by the State Public Utilities Commission. DLCO's Keahole generating plant, along with generating facilities in East Hawaii, provides electrical capacity to It should also be noted that the Petition Area, along with most of West Hawai i, receives between 200 and 250 watts per cm s in insolation (solar radiation) (UH -Hilo 1998:50). Daytime 4-124 Final EIS: Kaloko-Honokohau Business Park temperatures are frequently higber than 85 degrees Fahrenheit. This has favorable implications for both passive and active use of sunlight and also indicates a high need for air conditioning and/or alternative cooling strategies. This has several implications in terms of energy. Solar water heating is highly practical at the present. Buildings that provide for passive cooling, dayligbting and similar measures will yield substantial energy use reductions. Photovoltaic power is a distinct possibility. Impacts and Mitigation Measures Electrical, telephone and cable television services are provided by privately owned utilities regulated by the PUC. These companies are responsible to plan for and provide services as demand arises. As demand increases with development in the region, the public utilities are expected to develop facilities to meet that demand. requirements. Demand for energy in Hawaii County continues to rise. HELCO's current strategy for meeting energy needs of the next 20 years involve 141 megawatts (NM, which will be met through a combination of conventional power plants (oil and coal fired), with an unknown portion of renewable energy (solar, wind, hydroelectric, geothermal, and ocean thermal energy conversion). It is likely that legislation will be passed within the next five years requiring Hawaii utilities to maintain a renewable energy portfolio in which various renewables jointly provide a set proportion of the load The State of Hawaii has been identified by the U.S. Department of Energy as the top state market for grid -tied photovoltaic energy production (http://www.nrel.gov/ research/pv/ cuss -sited html). This is based on its high insolation and simultaneously high energy costs. On the island of Hawaii, electric energy currently costs 17 cents per kilowatt hour, com-pared to less than 10 cents for much of the mainland Among its many benefits, photovoltaic power has the potential to 4-125 Final EIS: Kaloko-Honokohau Business Park reduce dependence on fossil fuel and improve air quality. Because of its location in a highly insolated area of the Big Island, the proposed development should also prepare for the eventuality that photovoltaic electricity production will be cost effective. The "break-even" point for homes and businesses in Hawaii that are currently connected to the grid is considered by energy experts to be on the horizon (Ibid.). This will occur through interaction of key factors including technology improvements, fossil fuel energy price increases, tax credits, renewable energy profile credits, load profiles, and electrical distribution changes such as net metering, which allows small scale generators to sell their excess energy back to the utility at retail rates. The break-even point may come soon for businesses with peak loads during the daytime hours, when direct use of energy avoids the extra costs associated with storage. In addition, there is great potential for daylighting and use of passive cooling design (window tinting, natural ventilation, etc.), and similar measures that can provide for substantial energy use reductions and better working environments. Energy efficiency design may also provide economic benefits. HEL.CO currently offers "Commercial and Industrial Energy Efficiency Programs" that give participants direct cash incentives for energy conservation measures beyond current standard practice for both retrofit and new construction projects. These include space cooling, motors, lighting, and customized incentives. It is important to recognize that actual building construction M11 be accomplished incrementally over the course of two decades by individual lot owners or lessees. Each owner's energy requirements, ability to amortize capital investments (such as solar photovoltaic devices), and other characteristics will naturally differ. The electrical energy picture is also likely to change dramatically during the next twenty years. The following mitigation measure will provide a flexible framework for promoting energy efficiency: It is therefore recommended that the applicant prepare a detailed energy information packet for all prospective tenants and initial lot buyers. The packet will provide a basic overview of the energy 4-126 Final EIS: Kaloko-Honokohau Business Park issues including photovoltaic opportunities, solar water heating, passive and active energy conservation strategies, and "designing for sola," (i.e., planning buildings and parking lots to accommodate potential solar facilities and avoiding the need for future retrofits). It would also provide contact names and numbers for private sector, government, and non-governmental organizations that can provide assistance and information. This may prove especially useful to out -of -State prospective tenants who may be unaware of Hawai is unique climatic conditions and high energy costs. This information would assist tenants and initial buyers in planning buildings that could account for the challenges and opportunities of the high insolation environment and could contribute to the energy efficiency of the island as a whole. Modired Alternative Impacts and Mitigation Second= and Cumulative Impacts: The project will combine with similar projects to induce a need for additional electrical generation facilities on the island, whether based in East or West Hawai i. This may take the form of petroleum-based plants, or renewable sources such as solar, geothermal, or wind power. It is the responsibility of the electrical utility, under broader guidance from the Public Utilities Commission, to determine the appropriate mode of additional power sources, and the appropriate mix of demand- and supply-side management strategies. 4.4.2 Water Sunnly Existing Facilities Potable water is currently available to the Petition Area by the County of Hawaii Department of Water Supply (DWS) from its North Kona Water System. Presently, the area is serviced by a 12 - inch waterline within Queen Ka'ahumanu Highway. Impacts and Mitigation Measures For facility planning purposes, water use was calculated by applying the DWS "Water System Standards" to projected uses. This resulted in an estimated demand of 1,120,000 gallons per day (GPD). This figure will be used to assist engineers in sizing storage and transmission facilities, and will be used by the County in assessing the amount of aquifer and water system capacity that the proposed project would involve. However, based on very similar land use elsewhere in Kona, 4-127 Final EIS: Kaloko-Honokohou.Business Park along with information from the existing quarry and related operations, it is estimated that upon full development of the Petition Area, a more realistic average daily water demand would be 367,000 GPD (Table 419). Additional water improvements would be required to serve the Petition Area at full build -out These improvements would include source, transmission and storage facilities. The County of Hawai'i has prepared the Hawaii County Water Use and Development Plan (1991), which identifies the long range water facility improvements that would be required to service the study area through the next several decades. The proposed Petition Area water system improvements would be coordinated with the DWS and developed in accordance to their standards and requirements. Table 4-19 Estimated Water Use and Wastewater Flow Area Land Use Water Use and Wastewater Flow Phase Gross Area (acres) Net Area (ate) Zoning Completion Date Estimated Water Use (GPD) Factor Amount (% of water (GPD) use) 1 A 101.77 100 MG 2010 60,000 .60 36,000 1 B 102.43 75 MCX 2010 112,500 .60 67,500 2 97.89 72 MCX 2020 108,000 .60 64,800 3 34.894 25 MCX 2020+ 37,500 .60 22,500 Totals 336.994 280 1 367.000' 190,800* Source: Appendix 3. Notes: The figures above are based on actual water use in the existing quant' and related activities, combined with analysis of actual water use from similar developments. For water facility planning purposes, the Hawai' i County Department of Water Supply standards were used (resulting in higher estimates of water use); for wastewater facility planning purposes, the Department of Public Works standards were used (resulting in higher estimates of wastewater flow). See appropriate sections for discussion. Modified Alternative Impacts and Mitigation 4-128 Final EIS: Kaloko-Honokohau Business Park Secondary and Cumulative Impacts: As govemment plans have specified and development projects have begun to fulfill, the Keahole-to-Kailua area is growing. The project would encourage the continued growth of the economy and the provision of jobs to existing and planned residents of West Hawaz i. All community plans for the area explicitly call for growth in this specific area and have considered water supply infrastructure to accommodate this growth. 4-129 Final EIS: Kaloko-Honokohau Business Park 4.4.3 Wastewater Existing Facilities There are currently no sewer lines serving the Petition Area. The nearest sewer line is within a portion of the Kealakehe Parkway and serves Kealakehe High School and the vicinity. The majority of the existing uses and activities within the adjacent Kaloko Industrial Park are on cesspool sewage systems. The State Department of Health (DOH) no longer allows cesspools for domestic or commercial treatment in the study area New developments must utilize either septic systems or a sewage treatment plant (STP), depending on the amount of eluent The County's Kealakehe Wastewater Treatment Plant is located approximately two miles south of the project site on the west (makai) side of Queen Kaahumanu Highway. The six-year old plant currently has 5.3 million gallons per day (MGD) of treatment capacity and is operating at approximately 20 percent of this capacity. According to the Keahole to Kailua Development Plan (Hawai'i County Planning Dept 1991:4-12), expansion to an average flow of 8 MGD is expected Sludge generated by the plant is disposed of at the Pu'uanahulu Landfill. The Hawai'i County Department of Public Works has initiated planning for the extension of the sewer collection system north to provide service to the Kaloko-Honokohau National Historical Park and developments to the north, including the Petition Area and the Kaloko Industrial Park. There are no firm plans or schedule for the implementation of the proposed sewer line extension. Impacts and Mitigation Measures For wastewater facility planning purposes, the Hawaii County Department of Public Works "Wastewater Design Standards" were applied to projected uses, which resulted in an estimated flow of 896,000 GPD. This figure will be used to assist engineers in sizing lines, pumping facilities, etc., and will also be used by the County to determine how much of the sewage treatment system's capacity the proposed project would utilize. However, based on very similar land use elsewhere in Kona, along with information from the existing quant' and related operations, it is estimated that upon full development of the Petition Area, a more realistic average daily wastewater flow would be approximately 200,000 GPD (see Table 4-19). Until the sewer lines are extended to connect to the Kealakehe W W IT, wastewater disposal would be in accordance with the Chapter 62, Hawaii Administrative Rules. These Hiles require 4-130 Final EIS: Kaloko-Honokohou Business Park the use of individual wastewater treatment systems (IWS) in unsewered areas, including septic tanks or aerobic units with disposal systems. Until such time as the nennanent connection to the Furthermore, in preparation for eventual connection to the Kealakehe WWTP, Lanihau will build sewer lines as part of the subdivision infrastructure. The County of HawaiTs Department of Modified Alternative Impacts and Mitigation Secondary and Cumulative Impacts: According to the Keahole to Kailua Development Plan, the cumulative amount of wastewater anticipated to be generated in the region is over 9 MGD. The Kealakehe WWTP is designed to accommodate up to 8 MGD. Beyond 8 MGD, the Kealakehe W WTP capacity can be expanded by conversion of the treatment process from aerated lagoons. The development of the additional capacity would reduce and/or eliminate the use of septic systems and cesspools in much of the study area, including those existing systems in the areas mauka of the Kaloko-Honokohau National Historical Park. Accordingly, the long term impact would be to improve groundwater quality by directing wastewater to the Kealakehe WWTP. It should also be noted that as part of the long range planning for the Kealakehe WWTP, the County is reviewing its options for a water reuse plan. This may include the construction of a transmission system to carry the treated sewer effluent to the north of the existing plant to provide water for irrigation and other uses (Hawaii County DPW: 1999). 4-131 Final EIS: Kaloko-Honokohau Business Park 4.4.4 Solid Waste Existing Facilities Presently, solid waste from the region is disposed of at the County of Hawai is Pu'u Anahulu landfill located approximately 18 miles north of the Petition Area in Waikoloa. In 1993, the initial 5 -acre increment of the 150 -acre landfill was opened with a projected capacity of six to 11 years. Additional 5 -acre increments are expected to be required every several years thereafter. The former Kailua (Kealakehe) Landfill is presently used as a transfer station where refuse collected from residential areas is compacted for transport to the Pu'u Anahulu landfill. In addition, there is a green waste facility within the study area that currently accepts vegetation matter generated in the West Hawaii region. It is anticipated that this green waste operation will continue during the foreseeable future. Impacts and Mitigation Measures Using standard assumptions concerning industrial/commercial facilities of a population density of likely that State law will soon mandate some form of recycling. As suc no substantial impact to the municipal solid waste collection and disposal system are anticipated during construction and operation of the proposed development. It is anticipated that refuse from the Petition Area would be collected by private services that would transport the waste to the landfill and green waste sites. The addendum also states that Pu'uanahulu landfill contains more than 12.000.000 cubic yards 4-132 Final EIS: Kaloko-Honokohau Business Park Xf defied Alternative Impacts and Mitigation frame of the next several decades. Secondary and Cumulative Impacts: The landfill at Pu'u Anahulu is expected to have the capacity to handle municipal solid waste from West Hawaii for the foreseeable future. Waste management strategies are evolving rapidly, and it is expected that less land- intensive, locally based solutions will emerge within the next two decades to help solve the solid waste problem in Hawai i. 4.4.5 Police FireEmergency, and Medical Services Existing Services Kealakehe Police Station is located on Queen Ka'ahumanu Highway 1.5 miles south of the Petition Area. Eight patrol units with over 50 officers are assigned in three -watches, providing 24-hour service to North and South Kona The Kailua-Kona Fire Station is located about 3 miles away from the Petition Area at the intersection of Palani Road and Queen Ka'ahumanu Highway. The station provides service for all of North Kona, and assists with fire emergencies in adjacent districts. Ladder trucks, tankers, a rescue boat and an ambulance are available. Three 24-hour shifts with nine firefighters each provide service, and they can be assisted by crews and equipment from Keauhou, South Kohala, and Waikoloa. Kona Community Hospital, located 10 miles to the south in Kealakekua, has 75 beds and provides basic hospital services for all of Kona, including the Petition Area. North Hawaii Community Hospital, Hilo Hospital, and Honolulu hospitals also serve specialty needs. Impacts and Mitigation Measures Any new development brings with it demand for such services, as police must respond to traffic accidents and criminal complaints, and fire and emergency personnel must respond to fires, 4-133 Final EIS: Kaloko-Honokohau Business Park hazardous material situations, and medical emergencies. The economic impact analysis (App. 9) discussed the proposed land use with agencies and used response frequencies and timetcost data to calculate the annual additional costs that such services would involve on a stabilized basis after project build -out Each year, activities in the Petition Area would induce police services worth $188,750, fire protection services of $189,000, and emergency medical response services of $78,000. These levels of service increase are not substantial, and would not burden the police, fire, emergency, and hospital systems. It is important to note that the very substantial real property and other tax contributions would more than compensate for extra costs and would furthermore enable improvement and expansion of such services. Modified Alternative Impacts and Mitigation Secondary and Cumulative Impacts: As government plans have specified and development projects have begun to fulfill, the Keahole-to-Kailua area is growing. Additional police, fire and medical facilities would be required. The Keahole-to-Kailua Development Plan's Land Use Plan (see Fig. 2- 3) shows civic and business centers in the Queen Liliuokalani Trust development area The residential and educational uses planned for the Keahole State Lands would also provide a potential location for expanded services. It is expected that these and other residential developments would provide rational and appropriate sites for these facilities when demand requires it 4.4.6 Recreational Services and Facilities Existing Facilities Other than the Kaloko-Honokohau National Historical Park, located immediately makai of the Petition Area, and the playing fields at Kealakehe High School to the south, no public or private parks or other recreational areas exist within the Petition Area or any immediately surrounding properties. The National Park is primarily important for its interpretation of cultural properties, but also has hiking trails and beaches. The North Kona District contains a number of other parks and recreational facilities, including several within one to ten miles of the Petition Area: Honokohau Harbor, with its recreational boating facilities; Kekaha Kai State Park, a wilderness park with extensive unspoiled beaches; and the complex at the Old Kona Airport. Old Kona Airport State Park contains a number of passive uses as well as a large pavilion. The Old Kona Airport County Paris contains a gymnasium, a swimming pool, five baseball fields, two soccer fields, two football fields, four tennis courts, a skateboard facility, and other active components. 4-134 Final EIS: Kaloko-Honokohau Business Park Impacts and Mitigation Measures In general, it can be stated that no significant impacts on recreational facilities or services would occur, because the project would not create a substantial influx of population, but instead would draw employees primarily from the existing workforce. Impacts from any new residents drawn to the area by employment in the project's businesses would presumably be mitigated by the considerable State and County taxes that business sales and employment would generate, which result in a highly favorable benefit/cost ratio (see Section 4.3.4). Modified Alternative Impacts and Mitigation Secondary and Cumulative Impacts: As stated above, Keahole-to-Kailua area is growing in accordance with State and County plans. Additional recreational facilities and services would be required. The Keahole-to-Kailua Development Plan's Land Use Plan (see Fig. 2-3) shows a number of areas within residential areas where additional facilities are likely to be built. It is expected that such developments would provide rational and appropriate sites for these facilities when demand requires it. 4.4.7 Educational Services and Facilities Existing Facilities Kealakehe Elementary, Kealakehe Intermediate, and Kealakehe High School, located approximately two miles to the to the south, are the public schools that serve the study area (Fig. 1-1). The elementary school served about 900 students in the 1999-2000 school year, about 85 percent of its capacity. The intermediate school had nearly 1,100 students and was also at about 85 percent capacity. The high school had about 1,120 students and is similar in terms of its capacity. Impacts and Mitigation Measures No significant impacts on schools would result from the proposed project, as little direct population increase would be attributed to the project, and the considerable net benefit in terms of State taxes would help fund schools. Any business park -type project in the area would have some potential to impact Kealakehe High School through proximity impacts such as noise, air quality, and traffic. These areas are covered in separate sections above. In general, it can be stated that because of the limited nature and extent of such impacts, no adverse impacts to the noise, air 4-135 Final EIS: Kaloko-Honokohau Business Park quality, or traffic, or any other aspect of the environment for Kealakehe High School students, teachers, staff and parents, would occur. In particular, it should be noted that implementation of the project and its associated traffic mitigation measures would improve Level of Service at the intersection of Kealakehe Parkway and Queen Ka'ahumanu Highway, which provides access to the high school (see Section 4.3.5). Modified Alternative Impacts and Mitigation alternative and the modified alternative. Secondary and Cumulative Impacts: As stated above, Keahole-to-Kailua area is growing in accordance with State and County plans. Additional educational facilities will be required. The Keahole-to-Kailua Development Plan's Land Use Plan (see Fig. 2-3) shows a number of areas within planned mid-level residential areas where schools would be located. It is expected that these and other residential developments will provide rational and appropriate sites for these facilities when demand requires it 4-136 Final EIS: Kaloko-Honokohau Business Park PART 5: CONSISTENCY WITH GOVERNTMEEN'T PLANS AND POLICIES 5.1 The Hawaii State Plan. 5.1.1 Plan Adopted in 1978 and last revised in 1991 (Hawaii Revised Statutes, Chapter 226, as amended), the Hawaii State Plan establishes a set of themes, goals, objectives and policies that are meant to guide the State's long -run growth and development activities. The three themes that express the basic purpose of the Hawaii State Plan are individual and family self-sufficiency, social and economic mobility and community or social well-being. §2264 sets forth goals associated with the Hawaii State Plan: (1) A strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfillment of the needs and expectations of Hawai'i's present and future generations. (2) A desired physical environment, characterized by beauty, cleanliness, quiet, stable natural systems, and uniqueness, that enhances the mental and physical well- being of the people. (3) Physical, social, and economic well-being, for individuals and families in Hawai i, that nourishes a sense of community responsibility, of caring, and of participation in community life. The aspects of the plan most pertinent to the proposed classification are the following: §226-10 Objective and policies for the economy potential growth activities. (a) Planning for the State's economy with regard to potential growth activities shall be directed towards achievement of the objective of development and expansion of potential growth activities that serve to increase and diversify Hawai'i's economic base. To achieve the potential growth activity objective, it shall be the policy of this State to (among other actions): (1) Facilitate investment and employment in economic activities that have the potential for growth such as diversified agriculture, aquaculture, apparel and textile manufacturing, film and television production, and energy and marine -related industries. (2) Expand Hawai'i's capacity to attract and service international programs and activities that generate employment for Hawai'i's people. (5) Promote Hawai'i's geographic, environmental, social, and technological advantages to attract new economic activities into the State. (6) Provide public incentives and encourage private initiative to attract new industries that best support Hawai'i's social, economic, physical, and environmental objectives. (11) Increase research and development of businesses and services in the telecommunications and information industries. §226-11 Objectives and policies for the physical environment --land-based, shoreline, and marine resources. Planning for the State's physical environment with regard to 5-1 Final EIS: Kaloko-Honokohau Business Park land-based, shoreline, and marine resources shall be directed towards achievement of prudent use of Hawai'i's land-based, shoreline, and marine resources and effective protection of Hawai'i's unique and fragile environmental resources. To achieve the land-based, shoreline, and marine resources objectives, it shall be the policy of the State to: (1) Exercise an overall conservation ethic in the use of Hawai'i's natural resources. (2) Ensure compatibility between land-based and water-based activities and natural resources and ecological systems. (3) Take into account the physical attributes of areas when planning and designing activities and facilities. (4) Manage natural resources and environs to encourage their beneficial and multiple use without generating costly or irreparable environmental damage. (5) Consider multiple uses in watershed areas, provided such uses do not detrimentally affect water quality and recharge functions. (6) Encourage the protection of rare or endangered plant and animal species and habitats native to Hawaii. () Provide public incentives that encourage private actions to protect significant natural resources from degradation or unnecessary depletion. (8) Pursue compatible relationships among activities, facilities, and natural resources. (9) Promote increased accessibility and prudent use of inland and shoreline areas for public recreational, educational, and scientific purposes. §226-12 Objective and policies for the physical environment --scenic, natural beauty, and historic resources. Planning for the State's physical environment shall be directed towards achievement of the objective of enhancement of Hawai'i's scenic assets, natural beauty, and multi-cultural/historical resources. To achieve the scenic, natural beauty, and historic resources objective, it shall be the policy of the State to: (1) Promote the preservation and restoration of significant natural and historic resources. (2) Provide incentives to maintain and enhance historic, cultural, and scenic amenities. (3) Promote the preservation of views and vistas to enhance the visual and aesthetic enjoyment of mountains, ocean, scenic landscapes, and other natural features. (4) Protect those special areas, structures, and elements that are an integral and functional part of Hawai'i's ethnic and cultural heritage. (5) Encourage the design of developments and activities that complement the natural beauty of the islands. §226-13 Objectives and policies for the physical environment—land, air, and water quality. Planning for the State's physical environment with regard to land, air, and water quality shall be directed towards maintenance and pursuit of improved quality in Hawai'i's land, air, and water resources, and greater public awareness and appreciation of Hawai'i's environmental resources. To achieve the land, air, and water quality objectives, it shall be the policy of the State to (among other actions): ;Id Final EIS: Kaloko-Honokohau Business Park (2) Promote the proper management of Hawai is land and water resources. (3) Promote effective measures to achieve desired quality in Hawai is surface, ground, and coastal waters. (4) Encourage actions to maintain or improve aural and air quality levels to enhance the health and well-being of Hawai is people. (5) Reduce the threat to life and property from erosion, flooding, tsunamis, hurricanes, earthquakes, volcanic eruptions, and other natural or man -induced hazards and disasters. (6) Encourage design and construction practices that enhance the physical qualities of Hawai is communities. (7) Encourage urban developments in close proximity to existing services and facilities. (8) Foster recognition of the importance and value of the land, air, and water resources to Hawai is people, their cultures and visitors. 5.1.2 Discussion The proposed reclassification is highly consistent with the goals, objectives and policies of the Hawaii State Plan calling for continued expansion and diversification of economic activities and opportunities. The proposed industrial and commercial activities would support the stability of existing economic sectors such as tourism and also provide a good location and setting for support businesses for the burgeoning sectors such as telecommunications and ocean -related technology. In terms of the goals, objectives and policies related to protecting the environment and scenic and historic resources, it should be emphasized that the limited supply of suitable land in Hawaz i results in virtually all new development being constrained to occur in environmentally sensitive areas. In Kona, native biota, historic sites, valuable viewplanes, and sensitive coastal waters are unavoidable. Given this context, the proposed reclassification is basically consistent with the Hawaii State Plan's goals of preserving these resources. The area is mauka of Queen Ka'ahumanu Highway, with the Kaloko-Honokohau National Historical Park providing an open - space buffer between the highway and the sea. The area is between two other commercial - industrial areas, and does not represent an intrusion of developed area into a pristine landscape, because the area has a long history of quarrying and related industrial activity. It takes advantage of existing and proposed road, water and sewage facilities. Proposed design and landscaping would provide an attractive roadway frontage with a landscaped buffer that mitigates the "industrial" look and does not conflict with views from the National Park of the scenic summit and upper slopes of Hualalai. Water quality effects can be limited to levels that do not cause any substantial adverse impacts through implementation of Best Management Practices and eventual connection to the Kealakehe Wastewater Treatment Plan or other facilities that provide advanced wastewater treatment. All burials, and all historic sites that have been determined to be significant for preservation, will be preserved Finally, the proposed reclassification is consistent with the regional plans for the area, which call for development of this area in mixed industrial and commercial uses. 5-3 Final EIS: Kaloko-Honokohau Business Park 5.2 Hawaii State Land Use Law All land in the State of Hawaii is classified into one of four major land use districts — urban, rural, agricultural and conservation — by the State Land Use Commission, pursuant to Chapter 205, HRS. The entire Petition Area is within the State conservation distrix HRS Section 205-2 requires the Land Use Commission to group contiguous land areas suitable for inclusion in one of these four major districts. It further provides that in establishing the boundaries of urban districts, those lands that are now in urban use and a sufficient reserve area for foreseeable urban growth shall be included, and that in establishing the boundaries of the districts in each county, the Land Use Commission shall give consideration to the master plan or general plan of the county. The General Plan and other County and State land use plans are discussed in detail in Sections 5.4 through 5-9, but in general, the Petition Area is contiguous to land in the urban district to the north (Kaloko Industrial Park, Phases I and 1I), the south (Honokohau- Iki industrial uses) and to the west (Kaloko-Honokohau National Historical Park and Honokohau Boat Harbor). (See Fig. 2-2 for State land use districts in the study area). There is also currently pending before the Land Use Commission a petition for a district boundary amendment for the Phase 3 and IV increments of the Kaloko Industrial Park. Under the County of Hawai'i's Keahole-to-Kailua Development Plan, the Petition Area is designated for "Limited Industrial" uses. The Petition Area has likewise been designated for "Industrial" and "Urban Expansion" on the Land Use Pattern Allocation Guide (LUPAG) map of the Hawaii County General Plan. The Petition Area is also identified as within the areas appropriate for future urban expansion in the State Office of Planning's West Hawaii Regional Plan, and was recommended for reclassification to the urban district in the Office of Planning's State Land Use District Boundary Review in 1992. In accordance with HRS Section 205-17, in its review of any petition for reclassification of district boundaries, the Land Use Commission must specifically consider the following decision making criteria: The extent to which the proposed reclassification conforms to the applicable goals, objectives and policies of the Hawaii state plan and relates to the applicable priority guidelines of the Hawaii state plan and the adopted functional plans. Discussion: The proposed project's relationship to the Hawaii State Plan is provided in Section 5.1. 5-4 Final EIS: Kaloko-Honokohau Business Park 2. The extent to which the proposed reclassification conforms to the applicable district standards. Discussion: The proposed project's relationship to urban district standards is given below. 3. The impact of the proposed reclassification on the following areas of state concern: -Preservation or maintenance of important natural systems or habitats. -Maintenance of valued cultural, historical, or natural resources. -Maintenance of other natural resources relevant to Hawai'i's economy, including but not limited to, agricultural resources. -Commitment of state funds and resources. -Provision for employment opportunities for all income groups, particularly the low, low - moderate, and gap groups. Discussion Either because of their absence or through mitigation, the proposed project would not impact in any substantially adverse way natural ecosystems, rare, threatened or endangered species, burials or archaeological sites important for preservation in place, or other valued, cultural, historical or natural resources. No important agricultural resources exist. State funds or resources would not be committed. A commercial/industrial park provides a wide spectrum of employment opportunities, including entry-level, skilled and unskilled labor, service and clerical, and professional. For main discussion, reader is referred to appropriate sections of the EIS and a summary in Section 5.1. 4. The representations and commitments made by the petitioner in securing a boundary change. Discussion Such representations will be examined in the course of the processing and review of the Petition. Pursuant to Section 15-15-18, Hawaii Administrative Rules CHAR'), in determining the boundaries for the urban district, the Land Use Commission is directed to use the following standards: It shall include lands characterized by "city -like" concentrations ofpeople, structures, streets, urban level of services and other related land uses. The Petition Area is approximately 3 miles from the major commercial and urban center of West Hawaii, Kailua-Kona, and approximately 3.5 miles south of the Kona International Airport at Keahole. It is contiguous to an existing concentration of urban uses, including streets and other urban level of infrastructure. 5-5 Final EIS: Kaloko-Honokohau Business Park 2. It shall take into consideration the following specific factors: Proximity to centers of trading and employment except where the development would generate new centers of trading and employment. Availability of basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water, transportation systems, public utilities, and police and fire protection. Sufficient reserve areas for foreseeable urban growth. The Petition Area is adjacent to the Kaloko Industrial Park to the north and the Honokohau industrial developments to the south. Approximately 232 acres within the Petition Area is already in or approved for urban quarry and quarry -related uses. As discussed in Section 4.4., all basic public services are available to the Petition Area 3. It shall include lands with satisfactory topography, drainage, and reasonably free from the danger of any flood, tsunami, unstable soil condition, and other adverse environmental effects. The topography and drainage of the Petition Area is satisfactory and the area is reasonably free from flooding, tsunami hazards, unstable soil conditions and other adverse environmental factors. 4. Land contiguous with existing urban areas shall be given more consideration than non- contiguous land, and particularly when indicated for future urban use on state or county general plans. The Petition Area is contiguous to existing urban areas, and is indicated for future urban use in the Hawaii County General Plan, the West Hawaii Regional Plan of the Office of Planning, and the County of HawaiTs Keahole-to-Kailua Development Plan. 5. It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth as shown on the state and county general plans. The reclassification of the Petition Area is consistent with State and County land use plans, including the Hawaii County General Plan. 6. It may include lands which do not conform to the standards in paragraphs (1) to (5): -When surrounded by or adjacent to existing urban development, and only when those lands represent a minor portion of the district. The reclassification of the Petition Area to urban conforms to the standards in paragraphs (1) through (5)- 5-6 5.3 Final EIS: Kaloko-Honokohau Business Park It shall not include lands, the urbanization of which will contribute toward scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services. The Petition Area is contiguous to existing urban districts and reclassification will not result in scattered spot urban development, nor necessitate unreasonable investment in public infrastructure or support services. 8. It may include lands with a general slope of twenty percent or more if the commission finds that those lands are desirable and suitable for urban purposes and that the design and construction controls, as adopted by any federal, state, or county agency, are adequate to protect the public health, welfare and safety, and the public's interests in the aesthetic quality of the landscape. The Petition Area extends mauka from Queen Ka'ahumanu Highway in a moderate slope, between 5 to 8 percent, with elevation rising from approximately 40 to approximately 320 feet above sea level. Coastal Zone Manaeement 5.3.1 Hawaii Coastal Zone Management Objectives The purpose of Chapter 205A, HRS, is to preserve, protect, develop and where possible enhance the resources of the coastal zone, which is defined to include the entire State. The objectives of the Hawaii Coastal Zone Management Program are the following: Recreational Resources: Provide coastal recreational opportunities accessible to the public; Historic Resources: Protect, preserve, and where desirable, restore those natural and man-made historic and prehistoric resources in the CZM that are significant in Hawaiian and American history and culture; Scenic and Open Space Resources: Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources; Coastal Ecosystems: Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems; Economic Uses: Provide public or private facilities and improvements important to the State's economy in suitable locations; 5-7 Final EIS: Kaloko-Honokohau Business Park Coastal Hazards: Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence; and Managing Development: Improve the development review process, communication, and public participation in the management of coastal resources and hazards. 5.3.2 Discussion The proposed reclassification has implications for a number of CZM objectives. Historic resources of significance would be protected and preserved under a plan approved by the Hawaaz i State Historic Preservation Division. Although coastal open space is not in any way impacted by the project, any development in the area has the potential to impact views of and from the coastline. The proposed project includes design elements that ensure minimal interference with such views. Coastal ecosystems in the area are dependent upon the preservation of water quality in groundwater, anchialine ponds, and marine waters. Hydrological modeling indicates that water quality alterations would not adversely impact the biota if mitigation measures are implemented and properly enforced Coastal economic uses and coastal hazards would not be affected. Managing development is accomplished through the review procedures that accompany a Petition to Amend a Land Use District Boundary, including this EIS. Given the substantial commitment tc mitigation measures, the proposed reclassification would not substantially impact these coastal zone resources and appears to be consistent with the objectives of the program. 5.4 Hawaii County General Plan 5.4.1 General Plan Goals Objectives Policies and Standards and Principles The General Plan for the County of Hawaii is a policy document expressing the broad goals and policies for the long-range development of the Island of Hawaii. The plan was adopted by ordinance in 1989. The County of Hawaii is currently undertaking a mandatory review of the General Plan. A draft of the County of Hawaii General Plan Revision Program was released in January 2001, and the plan is in review. Any proposed revisions to the General Plan must be adopted by Ordinance, which would require public bearings and action by the Hawaii County Planning Commission and the Hawaii County Council. The currently adopted General Plan is organized into thirteen elements, with policies, objectives, standards, and principles for each. There are also discussions of the specific applicability of each element to the nine judicial districts comprising the County of Hawaii. Section 4 of the General Plan includes a discussion of general goals. In Section 5 courses of action for individual districts are proposed 5-8 Final EIS: Kaloko-Honokohau Business Park The elements of the General Plan most applicable to the project are the following: Economic Element Goals o The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the Counts natural and social environment Policies o The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Environmental Quality Element Goals Maintain and, if feasible, improve the existing environmental quality of the island. Flood Control and Drainaee Element Goals o Protect human life. o Prevent damage to man-made improvements. o Control pollution. o Reduce surface water and sediment runoff. Policies o All development -generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. Historic Sites Element Goals o Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. 5-9 Final EIS: Kaloko-Honokohau Business Park Policies o The County of Hawaii shall require both public and private developers of land to provide a historical survey prior to the clearing or development of land when there are indications that the land under consideration has historical significance. Natural Beauty Element Goals o Protect scenic vistas and view planes from becoming obstructed. Policies The County shall consider structural setback from major thoroughfares and highways and shall establish development and design guidelines to protect important viewplanes. Public Utilities Element Goals Policies Ensure that adequate, efficient and dependable public utility services will be available to users. The County shall seek State and Federal funds to assist in financing the construction of proposed sewer systems. Transportation Element Goals o Provide a transportation system whereby people and goods can move efficiently, safely, comfortably and economically. Land Use Element (Industrial Uses) Goals Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. 5-10 Final EIS: Kaloko-Honokohau Business Park Policies o The County shall support the creation of industrial parks in appropriate locations as an alternative to strip development. o Through its zoning powers, the County shall locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. o The County shall attempt to improve the aesthetic quality of industrial sites and protect amenities of adjacent areas by requiring landscaping, open spaces, buffer zones, and design guidelines. 5.4.2 Discussion The proposed reclassification is highly consistent with the goals, objectives and policies of the Hawai'i County General Plan. The Petition Area is well served by existing infrastructure and is strategically located along a major thoroughfare. The proposed industrial and commercial activities would support the stability of existing economic sectors such as tourism and also provide a good location and setting for support businesses for burgeoning sectors such as telecommunications and ocean -related technology. The improved economic opportunities would be compatible with the County's natural and social environment and would help diversify the County's economy by strengthening existing industries and attracting new endeavors. In temrs of the goals, objectives and policies related to protecting the environment, pollution prevention, and scenic and historic resources, it should be emphasized that the limited supply of suitable land in Hawaii results in virtually all new development being constrained to occur in environmentally sensitive areas. In Kona, native biota, historic sites, valuable viewplanes, and sensitive coastal waters are unavoidable. Water quality effects can be limited to levels that do not cause adverse impacts through implementation of Best Management Practices and eventual connection to the Kealakehe Wastewater Treatment Plan or other facilities that provide advanced wastewater treatment. Given this, direct and indirect effects to biological resources would be negligible. Historic resources would be protected through following the recommendation of the archaeological inventory survey, and ensuring that known burials, and all historic sites that have been determined to be significant for preservation, would be preserved. Given this context, the proposed reclassification is consistent with the Hawaii County General Plan's goals of preserving and protecting these resources. The area is mauka of Queen Ka'ahumanu Highway, with the Kaloko-Honokohau National Historical Park providing an open -space buffer between the highway and the sea. The area is between two other commercial -industrial areas, and does not represent an intrusion of developed area into a pristine landscape, because the area has a long history of quarrying and related industrial activity. It takes advantage of existing and proposed road, water and sewage facilities. Proposed design and landscaping would provide an attractive roadway frontage with a landscaped buffer that mitigates the "industrial" look and does not conflict with views from the National Park to the scenic summit and upper slopes of Hualalai. 5-11 Final EIS: Kaloko-Honokohau Business Park The proposed reclassification is consistent with the regional plans for the area, which call for development of this area in mixed industrial and commercial uses. 5.5 Hawai'i County General Plan Land Use Pattern Allocation Guide (LUPAG) The LUPAG map component of the General Plan is a graphic representation of the Plan's goals, policies, and standards as well as of the physical relationship between land uses. It also establishes the basic urban and non -urban form for areas within the planned public and cultural facilities, public utilities and safety features, and transportation corridors. Lands in the Petition Area are designated on this map as Urban Expansion and Industrial Uses (see Fig. 2-2). The Petition Area has been designated as Industrial and Urban Expansion by the General Plan Land Use Panem Allocation Guide Map. These designations are described by the General Plan as follows: Industrial Area: These areas include uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. Urban Expansion: Allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlement patterns may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The proposed development in the Petition Area is consistent with these land use designations. The Facilities Map of the General Plan identifies, among other public facilities, existing and proposed highways. Three parallel mauka-makai secondary arterial roads that would connect the Queen Ka'ahumanu Highway with the Mamalahoa Highway are depicted. A mid-level road running perpendicular to these roads is also depicted, extending between Ka'iminani Street and Palani Road. Section 4.3.5 assesses the Petition Area's relationship to the overall circulation plan for the study area, and shows that the project would help fulfill several general objectives broadly illustrated in the Facilities Map. 5.6 Hawaii County Zoning The Hawaii County General Plan is also the basis for Ordinance No. 63, the County Comprehensive Zoning Ordinance, which was adopted in 1967. Zoning for the entire Petition Area is Open. Assuming approval of the Urban reclassification by the State Land Use Commission, the required zone changes for specific urban land uses will be sought 5-12 Final EIS: Kaloko-Honokohau Business Park 5.7 West Hawaii Regional Plan This plan (Hawaii OSP 1989) represents an attempt to coordinate planning efforts among State agencies that have programs, facilities and other interests in the region. The basic purposes are to respond more effectively to emerging needs and critical problems, to coordinate capital improvements within a regional planning framework, and to provide guidance in State land use decision-making processes. The plan recognizes the need to develop industrial and commercial facilities in this portion of Kona. It also seeks to steer urban development away from areas in which critical natural resources such as native forest, valuable agricultural lands, and sensitive coastal waters would be adversely impacted The proposed project is highly consistent with the West Hawaii Regional Plan. 5.8 Keahole to Kailua Development Plan The Keahole to Kailua Development Plan, adopted by the County Council by Resolution No. 296-91, is intended to carry out the General Plan goals and policies related to the development of the portion of North Kona between Keahole Point and Kailua-Kona between Mamalahoa Highway and the shoreline. The stated goals of the Land Use Plan are to: Provide a fiamework for the future growth and development of the Keahole-to- Kailua area; Provide a framework for infrastructure plans and cost estimates for the rational and cost-effective development of the area; Provide a basis for coordinated public-private implementation of major infrastructure projects; and Provide a fiamework for State and County action on designating lands for urban development. The Land Use Plan (Figure 2-3) designates the Petition Area for Limited Industrial uses. The Plan further describes these areas as follows: `"There are two existing light industrial parks within the project area: the older leasehold industrial park adjacent to Kailua Village and the fee simple industrial park at Kaloko, just mauka of Queen Ka'ahumanu Highway. The Land Use Plan does not recommend the expansion of the leasehold industrial park. Instead, the Plan shows the expansion of the Kaloko industrial park at Kaloko and Honokohau mauka" (emphasis added). The proposed uses within the Petition Area are consistent with the Land Use Plan of the Keahole to Kailua Development Plan (see Fig. 2-3). This plan specifically calls for the expansion of the industrial uses in the general area to include the Honokohau Lands. 5-13 Final EIS: Kaloko-Honokohau Business Park 5.9 OSP State Land Use District Boundary Review in 1992 the Hawaii State Office of State Planning conducted a "statewide, comprehensive, policy -oriented examination of State land use district classifications" (Hawaii OSP 1992). The review recommended that the Petition Area be reclassified from Conservation to Urban as part of the proposed Keabole-to-Kailua Urban area (Recommendation No.34). The proposed project is a fulfillment of that recommendation, which recognized the ongoing use of the area for quarrying and related uses, and also the importance of providing a sufficient supply of lands zone for industrial/commercial uses. Since 1992, the need for such lands has become greater, and the recommendation is more valid than ever. GSV Final EIS: Kaloko-Honokohau Business Park PART 6: E]\'N'IRONI�fENTAL BITAC17 STATEMENT FINDINGS 6.1 Probable Unavoidable Adverse Environmental Effects Chapter 343 of the Hawaii Revised Statutes (HRS) is the basis for the environmental impact process in the State of Hawai i. The implementing regulations for this law, Title 11, Chapter 200, Hawaii Administrative Rules (HAR), contains the following requirements: 11-200-176): The draft EIS shall include in a separate and distinct section a description of the relationship between local short-term uses of humanity's environment and the maintenance and enhancement of long-term productivity. 11-200-17(k): The draft ELS shall include in a separate and distinct section a description of all irreversible and irretrievable commitments of resources.... 11-200-17(n): The draft EIS shall include a separate and distinct section that summarizes unresolved issues.... This chapter addresses these requirements of the State of Hawaii EIS law. The proposed reclassification and subsequent development of an industrial and commercial subdivision would create mostly limited adverse environmental impacts which can be essentially fully mitigated by the measures planned to be implemented at the site. However, the following two lists include those short-term and long-term impacts that are expected to be unavoidable. Refer to Chapter 4 for full explanation of impacts and mitigation measures. 6.1.1 Unavoidable Adverse Short -Term Impacts Despite mitigation: 1. Negligible temporary increases in soil erosion would result from construction operations, and a negligible amount of soil would be carred off-site through wind. 2. Operation of construction equipment, trucks, and worker vehicles may temporarily impede traffic in the area during the construction period. 3. Negligible release of air contaminants would occur from construction equipment. Small amounts of dust may be generated during dry periods as a result of construction operation. 4. The visual character of the area would be affected by construction activities and by the presence of construction equipment. 5. Noise levels would increase during construction activities. 6-1 Final EIS: Kaloko-Honokohnu Business Park 6.1.2 Unavoidable Adverse Long -Term Impacts 1. Rock and soil would be altered by grading, excavation, and mounding activities at the site during construction. Since soil cover on the site is very sparse, soil would be imported to cover cleared and graded land for planting landscaping materials, except for areas left in natural vegetation. 2. Modifications to the current topography would be made at the site to accommodate project development. 3. The vegetation, which is basically alien and disturbed but contains some native species, would be removed and replaced with development and landscaping. 4. Although all archaeological sites significant for preservation would be able to be preserved, sites significant for data recovery only would be destroyed- 5. estroyed5. Water quality characteristics, including salinity and nutrients, would be very slightly altered, although not in a way or to an extent that would produce adverse biological impacts. 6.2 Relationship Between Short -Term Use of Man's Environment and the Maintenance and Enhancement of Long -Term Productivity No short-term exploitation of resources that would entail negative long-term consequences has been identified for the project. All substantial adverse impacts resulting from the project are capable of mitigation to minor levels using reasonable measures. The principal long-term benefit is the development of an economically beneficial industrial and commercial subdivision located in a suitable area in temts of environmental protection and community planning. 6.3 Irreversible and Irretrievable Commitments of Resources The project would involve the irretrievable commitment of certain natural, social and fiscal resources. Major resource commitments include land, money, construction materials, labor and energy. No valuable or unique natural vegetation, wetlands, or Prime Farniland would be lost. Some archaeological sites important for data recovery only would be impacted. The impact of using these resources should, however, be weighed against the economic benefits to the residents of the County and State and the consequences resulting from taking no action. The commitment of resources required to accomplish the project includes labor and materials which are primarily nonrenewable and irretrievable. The operation of the project would also include the consumption of petroleum -derived fuels, which also represents an irretrievable commitment of resources. 6.4 Unresolved Issues There are no unresolved issues. 6-2 Final EIS: Kaloko-Honokohau Business Park PART 7: ENVIRONTN1ENTAL IMPACT STATEMENT PREPARERS Ron Teny, Ph.D. Kea'au Lead Scientist and Author William L. Moore Planning Hilo Land Use Planning Akinaka & Associates Honolulu Engineering Tom Nance Water Resource Engineering Honolulu Hydrology Marine Research Consultants Kaneohe Aquatic Biology Masa Fujioka & Associates Honolulu Toxic Substances/Pollution Prevention Plan Winona Char, Char & Associates Honolulu Botany Reggie David, Rana Productions Kailua-Kona Fauna Cultural Surveys, Inc. Honolulu Archaeology The Hallstrom Group Honolulu Market Study & Economic The Traffic Management Consultant Honolulu Traffic B.D. Neal & Associates Kailua-Kona Air Quality 7-1 Final EIS: Kaloko-Honokohau Business Park REFERENCES Council on Environmental Quality (CEQ). 1997. Considering Cumulative Effects Under NEPA. Washington: CEQ. Federal Register. 1998. Department of the Interior, Fish and Wildlife Service. Threatened and Endangered Wildlife and Plants. 50 CFR 17:11 and 17:12 - October 1, 1998. Chapter 1: 101-215. Fleischer, E. J. , P. R. Noss, P. T. Kostechki, and E. J. Calabrese, 1986. 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Hawaii County Department of Public Works (DPW). 1970. Storm Drainage Standards. Hilo. Hawaii County DPW. 1999. Kealakehe Wastewater Treatment Plan Effluent Reuse Master Plan. Hilo. Hawaii State DLNR (Department of Land and Natural Resources). 1986. Indigenous Wildlife, Endangered and Threatened Wildlife and Plants, and Introduced Wild Birds. Hawaii State DLNR Administrative Rule dated August 28, 1986. R-1 Final EIS: Kaloko-Honokohau Business Park Hawaii State Department of Transportation (DOT), Airports Division. 1990. Keahole Airport Traffic Circulation Plan. Honolulu. Hawaii State Office of State Planning (OSP). 1989. West Hawaii Regional Plan. Honolulu. Hawaii State OSP. 1991. Hawaii State Plan. Honolulu. Hawaii State OSP. 1992. State Land Use District Boundary Review. Hawaii. Honolulu. Heliker, C. 1990. Volcanic and Seismic Hazards on the Island ofHawai'i. Washington: U.S. GPO. Ellis, W. 1963. Journal of ]d'illiam Ellis. Honolulu: Advertiser Publishing Co., Ltd. Iii. J.P. 1959. Fragments of Hawaiian History. Honolulu: Bishop Museum Press. Kamakau, S. 1961. Ruling Chiefs ofHawai'i. Honolulu: Kamehameha Schools Press. Kinney, H.W. 1913. The Island ofHawai'i. Hilo: Published by Henry Wadsworth Kinney. Malo. D. 1951. Hawaiian Antiquities. Honolulu, B.P. Bishop Museum. Maly, K. 2000. Na Honokohau: Na Hono I Na Hau 'Elua (Honokohau: Bays of the Two Wind -born Dews) 2 Vols. Hilo: Kumu Pono Associates. McCarthy, J.E. 1998. Solid Waste Issues in the 105th Congress The Committee for the National Institute for the Environment: Environment and Natural Resources Policy Division. Washington, D.C. Oki, D.S., Tribble, G. W., Souza, W. R., and Bolke, E. L. 1999. "Ground Water Resources in Kaloko- Honokohau Irrational Historical Park, Island of Hawaii, and Numerical Simulation of the Effects of Ground -Water Withdrawals." USGS Water -Resources Investigations Report 99-4070. Honolulu: U.S. Geological Survey. Robins, J., Collins, J., Chiogioji, R., Carlson, I., Masterson, I, Creed V., Borthwick D., and H. Hammatt, 2000. An Archaeological Inventory Survey of an Approximately 803 -acre Subject Parcel in the Ahupua`a ofHonoka-i au I and II, North Kona District, Island ofHawai'i (TMK 7-4-08: Por. 5, 13, 30, 36), 3 vols. Kailua, HE Cultural Surveys Hawai i. R-2 Final EIS: Kaloko-Honokohau Business Park Sato, H.H. et al. 1973. Soil Survey oflsland ofHawai'i, State ofHawai'i. Washington, D.C.: U.S.D.A. Soil Conservation Service. University of Hawaii at Hilo, Dept. of Geography. 1998. Atlas of Hawaii. 3rd ed. Honolulu: University of Hawa� i Press. U.S. Bureau of the Census. 1991. 1990 Census of Population, General Population Characteristics. 1990 CP -1-13. Washington: GPO. U.S. Environmental Protection Agency (EPA). 1992. User's Guide to CAL3QHC Version 2.0: A Modeling Methodologyfor Predicting Pollutant Concentrations Near Roadway Intersections. Ann Arbor, Michigan: USEPA Office of Air and Radiation, Office of Mobile Sources, Emission Control Technology Division, Test and Evaluation Branch. U.S. EPA. 1995. Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources, Fifth Edition, AP -42. Research Triangle Park, NC: EPA. U.S. EPA. 1999. User's Guide to MOBILESA (Mobile Source Emission Factor Model). Ann Arbor, Michigan: USEPA Office of Air and Radiation, Office of Mobile Sources, Emission Control Technology Division, Test and Evaluation Branch. Wilkes, C. 1845. Narrative of the United States Exploring Expedition During the Years 1838-1842, Under the Command of C. Wilkes, U.S.N. Vol. 4. Philadelphia: Loa and Blanchard. Wilson -Okamoto & Associates. 2000. Final Environmental Impact Statement, Kaloko Industrial Parr Phases 177 and IV. Prep. For TSA International. Honolulu. Wolfe, E.W., and J. Moms. 1996. Geologic Map of the Island of Hawaii. USGS Misc Investigations Series Map I -2524-A. Washington, D.C.: U.S. Geological Survey. ttaL] ' �, �°x�l,Qa �;' �`-3f,�3• t P- at`oµ ..t. ^'.y°'� fix` t-sw.7"-s,� � +" c'+�z+t .'.� x ^'�` z. �' .. ty)�}yam u s , ' r: .Ar rvS aµ rTd Y k �j T V EXHIBIT B 5 -Y WN , ; a t+. i F Y L r � s`� � "mow r lu Y• ry �__.,g s BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAII In the matter of the Petition of LANIHAU PROPERTIES, LLC To Amend the Land Use District Boundary of Certain Lands situated at Honokohau, North Kona, Island of Hawaii, State of Hawaii, consisting of approximately 336.984 acres, Tax Map Key: 7-4-08: portion of 013 and 30, from the Conservation District to the Urban District DOCKET NO. A00-730 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER FOR A STATE LAND USE DISTRICT BOUNDARY AMENDMENT; EXHIBIT A This is to certify that this is a tnta and correct copy c` the document on file in the office of the State Land Use Comisio noiulu, Ha ai4 SEP 2 6 2005b�}iGf[ Date Exec t FINDINGS OF FACT CONCLUSIONS OF LAW, AND DECISION AND ORDER FOR A STATE LAND USE DISTRICT BOUNDARY AMENDMENT BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAII In the matter of the Petition of LANIHAU PROPERTIES, LLC To Amend the Land Use District Boundary of Certain Lands situated at Honokohau, North Kona, Island of Ha wai'i, State of Hawaii, consisting of approximately 336.984 acres, Tax Map Key: 7-4-08: portion of 013 and 30, from the Conservation District to the Urban District DOCKET NO. A00-730 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER FOR A STATE LAND USE DISTRICT BOUNDARY AMENDMENT; EXHIBIT A FINDINGS OF FACT CONCLUSIONS OF LAW, AND DECISION AND ORDER FOR A S'L'ATE LAND USE DISTRICT BOUNDARY AMENDMENT LANIHAU PROPERTIES, LLC, fka LANIHAU PARTNERS, L.P. ("Petitioner" or "Lanihau") filed a Petition For Land Use District Boundary Amendment on March 24, 2000 ("Petition") pursuant to Section 205-3.1(c) and 205-4, Hawai'i Revised Statutes ("HRS"), and Chapter 15-15, Hawai'i Administrative Rules ("HAR"), to amend the State land use district boundary by reclassifying approximately 336.984 acres of land situated at Honokohau, North Kona, Island, County and State of Hawaii, and designated by Tax Map Key No: (3rd): 7-4-8:13 (por.) and 30 ("Petition Area" or "Property"), from the Conservation Land Use District to the Urban Land Use District for the development of Phases I, I] and III of the Kaloko-Honokohau Business Park ("Project"). FINDINGS OF FACT PROCEDURAL MATTERS Petitioner filed its Petition, Exhibits 1 through 7, and Petitioner's environmental impact statement preparation notice (E1SPN) pursuant to Section 343-5 (a) (7), HRS. to Intervene. On April 19, 2000, the TSA Corporation ("TSA") filed its Notice of Intent 3. On April 20, 2000, the Land Use Commission ("LUC" or "Commission") held a meeting in Honolulu, Oahu, and determined that the proposed reclassification will constitute a "significant effect" and required the Petitioner to submit an environmental impact statement pursuant to the Order Requiring Petitioner to Prepare An Environmental Impact Statement issued on May 9, 2000. 4. On May 26, 2000, LUC filed Petitioner's EISPN with the Office of Environmental Quality Control, State Department of Health ("OEQC"). Or. June 8, 2000, Petitioner's EISPN was published in the OEQC's Environmental Notice. The 30 -day public comment deadline was extended to July 24, 2000. 6. On October 10, 2000, Petitioner filed its First .Amendment of Petition and Exhibits 8 through 10. 7. On February 23, 2001, LUC filed Petitioner's Draft Environmental Impact Statement ("DEIS") with CEQC for publication in the Environmental Notice on March 8, 2001. The 45 -day public comment deadline was April 23, 2001. 8. On March 7, 2001, Petitioner filed its Second Amendment of Petition and Exhibits I1 and 12. A00-730 Lanihau Properties, LLC (Hawaii) 9. On April 15, 2001, Petitioner filed its Motion to Amend Petition to change Petitioner from Lanihau Partners, L.P. to Lanihau Properties, LLC ("Motion"). 10. On September 6, 2001, the Commission granted Petitioner's Motion pursuant to the Order Granting Motion For Petitioner's Change of Name issued on September 26, 2001. 11. On March 18, 2002, TSA filed its Withdrawal of Notice of Intent to Intervene Filed on April 19, 2000. 12. On March 21, 2002, Petitioner filed its Final Environmental Impact Statement ("FEIS") with the LUC. 13. On March 22, 2002, the LUC conducted a site visit to the Petition Area and viewed various significant archaeological sites and areas involving planned connector roads. 14. On April 5, 2002, the LUC held a meeting in Honolulu, Oahu to consider acceptance of Petitioner's FEIS pursuant to the Hawaii Environmental Impact Statement ("EIS") Law, Chapter 343, HRS, and the EIS Rules, Chapter 11-200, HAR. At the meeting, the Planning Department, County of Hawaii ("County"), did not register any objections to Petitioner's FEIS. The Office of Planning, Department of Business and Economic Development and Tourism ("OP"), representing the State, also indicated that the FEIS was acceptable but reserved the opportunity to raise comments and concerns during the hearing on the Petition. 15. The LUC rejected the FEIS pursuant to the Order Denying Acceptance of Petitioner's Final Environmental Impact Statement By The State Land Use Commission issued on April 25, 2002 for the following reasons: i) the LUC believed that the FEIS did not adequately satisfy the definition and requirements of an EIS pursuant to the EIS Laws and Rules; ii) the FEIS did not contain a rigorous exploration of the environmental impacts of all proposed alternative actions pursuant to Section 1] -200-17 (f), HAR; and iii) the FEIS did not provide A00-730 Lanfiau Properties, LLC (Hawaii) 3 sufficient findings regarding potable water demand and sustainability, cumulative solid waste generation, quantification of air quality assessments, and Project and regional energy demands and alternatives pursuant to Section 11-200-17 (i), HAR. M. On April 22, 2002, Petitioner filed its Motion for Reconsideration of Action on Final EIS ("Reconsideration Motion"). 17. On April 26, 2002, County filed its Statement of No Opposition to Petitioner's Reconsideration Motion. 18. On May 2, 2002, the Commission held a meeting in Hilo, Hawaii and ruled the Reconsideration Motion out of order and deferred its action on the Reconsideration Motion to provide parties with additional time for research and consultation for a potential amendment to the motion. 19. On May 8, 2002, the Commission's rejection of Petitioner's FEIS Has published in OEQC's Environmental Notice. 20. On February 10, 2003, the Petitioner submitted a written request to schedule the continued hearing on the Reconsideration Motion ("Petitioner's Request'). In its request, the Petitioner reiterated its motion, described proposed revisions to Petitioner's FEIS, and informed the Commission of agreements with the National Park Service, U.S. Department of Interior ("NPS") regarding potential conditions of approval and Petitioner's FEIS. 21. On February 20, 2003, the Commission held a meeting in Kona, Hawaii, and rescinded the Rejection Order of the Final EIS pursuant to the Order Rescinding The Order Denying Acceptance Of Petitioner's Final Environmental Impact Statement By The State Land Use Commission Issued On April 25, 2002, issued on April 11, 2003. 22. On April 10, 2003, Petitioner filed its second FEIS ("FEIS Il") pursuant to the Order Allowing the Submission of the Revised Petitioner's Final Environmental Impact A00.730 Lanihau Propenies, LLC (Hawaii) Statement Filed March 21, 2002 issued on April 11, 2003. 23. On April 25, 2003, the Commission accepted Petitioner's FEIS II, pursuant to the Order Accepting Petitioner's Final Environmental Impact Statement for a State Land Use District Boundary Amendment Filed on April 10, 2003 and issued on June 2, 2003. 24. On April 28, 2003, the Commission deemed the Petition was a proper filing as of April 25, 2003. 25. On May 2, 2003, a Notice of Hearing on the Petition was published, which scheduled the commencement of the hearings on June 26 - 27, 2003 in Hilo, Hawaii. 26. On May 9, 2003, OP filed its Statement of Position. 27. On May 16, 2003, NPS filed the Kaloko-Honokohau National Historical Park's Application to Intervene. 28. On June 5, 2003, the Commission held a meeting in Wailea, Maui, and granted intervenor status to NPS ("Intervenor" or "NPS") pursuant to the Order Granting Intervenor Status to KAHO issued on June 23, 2003. the Petition. 29. On June 6, 2003, the County filed its Statement of Position in Support of 30. On June 12, 2003, Petitioner filed the Stipulation to the Intervention of Kaloko-Honokohau National Historical Park (hereinafter Kaloko-Honokohau National Historical Park is sometimes referred to as "KAHO"). State Counsel. 31. On June 12, 2003, Intervenor filed the Motion for Appearance of Out of 32. On June 12, 2003, a pre -hearing conference was held in Honolulu, Oahu pursuant to the Prehearing Conference Order issued on June 19, 2003. A00-730 Lanihau Propenies, LLC (Hawaii) 33. On June 16, 2003, Petitioner filed the Stipulated Findings of Fact, Conclusions of Law, and Decision and Order For A State Land Use District Boundary Amendment. 34. On June 24, 2003, Intervenor filed its Contingent Witness and Exhibit Lists; and KAHO's Joint Stipulated Exhibit List. through 13. 35. On June 25, 2003, OP filed its Witness and Exhibit Lists, and Exhibits I 36. On June 26, 2003, the Commission opened the hearing for the subject docket in Hilo, Hawaii. 37. Petitioner filed its Exhibit List identifi6ng Exhibits 1 through 9 (Exhibits I through 7 were exhibits filed previously under different exhibit numbers) and filed its Exhibits 7 through 9. 38. On June 27, 2003, the Commission closed the hearing for the subject docket in Hilo, Hawaii. DESCRIPTION OF THE PETITION AREA 39. Petitioner is the fee owner of the Petition Area. The Petition Area was acquired by H. N. Greenwell in the late 1800's. 40. Petitioner is a Hawai'i corporation incorporated in 2001, and licensed to do business within the State of Hawaii, ,%Nith its business and mailing address at 3465 Waialae Ave., Suite 260, Honolulu, HI 96816. Petitioner owns various properties in Hawaii. 41. The Petition Area is situated at Honokohau, North Kona, County of Hawaii, State of Hawaii, and designated as TMK No: (3rd): 7-4-8:13 (por.) and 30. 42. The Petition Area is situated on lands within the State Land Use Conservation District. A00-730 Lanihau Pmpenics, LLC (Hawaii) 6 Highway. Petitioner. 43. The Petition Area is bounded on the mokai side by the Queen Ka'ahumanu 44. The Petition Area is abutted on the mauka side by open land owned by the 45. The Petition Area is bounded on the southern side by the existing Honokohau Business Park and the Taylor/lsemoto/Kona Trans Industrial Development; the McClean Honokohau Properties' proposed Pau Hana residential development; and open land. 46. The Petition Area is bounded on the northern side by the Kaloko Industrial Park and open land. 47. Portions of the Petition Area have been used by various licensees for quarrying and related activities since 1967 under a Conservation District Use Permit (CDUP) covering 261.723 acres. Tenants include West Hawai'i Concrete, Grace Pacific, Hawaii Precast and Jas W. Glover. Currently, approximately 100 acres of the Petition Area are being utilized under this CDUP, which allows for eventual expansion of quarry -related activities over the 261.723 acres, including approximately 232 acres within the Petition Area. cattle grazing. 48. Lands immediately mauka of the Petition Area are intermittently used for 49. The southern portion of the Petition Area is presently vacant and supports no current land use. This area consists of large, barren masses of pahoehoe and a'a lava and is overgrown with scrub vegetation consisting mostly of koo haole and fountain grass. 50. Located directly west of the Petition Area, mokai of Queen Ka'ahumanu Highway is the Kaloko-Honokohau National Historical Park ("KAHO" or "Park"). The 1,160 - acre park was established in 1978, pursuant to Public Law 95-625, November 10, 1978, and is A00-730 Lanihau Propcnics, LLC (Hawaii) administered by the NPS. KAHO contains extensive natural and cultural resources, such as fishponds, wetlands and archaeological sites. The defined purpose of the park was to: "...provide a center for the preservation, interpretation and perpetuation of traditional native Hawaiian activities and culture and to demonstrate historic land use patterns as well as provide needed resources for the education, enjoyment and appreciation of those activities and culture by local residents and visitors..." The fundamental purpose of the National Park System is to conserve park resources and values, and restore and resurrect the park's cultural and natural resources. 51. The Kohanaiki Business Park, a 26 -lot commercial and light industrial development, is located approximately 1 mile north of the Petition Area. 52. To the north, approximately 4 miles from the Petition Area, is the Kona international Airport at Keahole operated by the State Department of Transportation, Airports Division. Immediately west (mokai) of the Airport is the Natural Energy Laboratory ofHawai'i ("NELH"), a publicly funded research facility. The Hawai'i Ocean and Science Technology ("HOST") Park is located adjacent to and south of the Airport. Mauka of the Airport and Queen Ka'ahumanu Highway is the State -developed Keahole Agricultural Park. 53. Immediately north of the Petition Area is the Kaloko Industrial Area Phases I and II which consists of approximately 85 lots. 54. Adjacent to the north of the Petition Area, is a 102 -acre parcel owned by TSA Corporation, which was recently reclassified into the State Land Use Urban District for development of Phases Ill and IV of the Kaloko Industrial Park. Adjacent to the Petition Area is the 26 -lot Honokohau Business Park and the Taylor/]semoto/Kona Trans Industrial Development. A00-730 Lanihau Propenies, LLC (Hawaii) 55. Further south of the Petition Area and makai of Queen Ka'ahumanu Highway is the State Department of Land and Natural Resources Division of Boating and Ocean Recreation's 450 -slip Honokohau Small Boat Harbor. 56. The County's Kealakehe Wastewater Treatment Plant ("WWTP") is located approximately 2 miles to the south of the Petition Area and makai of the Queen Ka'ahumanu Highway. 57. The State -developed Villages of La'i'opua project, subject of LUC Docket A90-660/HFDC, is located to the southeast of the Petition Area. When fully developed, the project will include residential units, an elementary and a high school, commercial areas, parks, churches/day care, a golf course, and archaeological and botanical preserves. 58. Further south, approximately 1.1 miles from the Petition Area, the Queen Liliuokalani Trust is planning to develop approximately 546 acres near the intersection of Palani Road and Queen Ka'ahumanu Highway. The project, subject of LUC Docket No. A89- 646/Liliuokalani Trust, was granted State Land Use District reclassification from the Agricultural and Conservation Districts to the Urban District in 1991. 59. Further south, approximately 4 miles from the Petition Area, is Kailua-Kona town which is the major commercial and business hub of the region. 60. East or mauka of the Petition Area are a number of residential developments located in the vicinity of Mamalahoa Highway. These include Kona Palisades, Kona Acres, Kona Coastview, Kona Wonder View, and Kona Highlands to the north/northeast; Kona Heavens to the east; and, Kealakehe Homesteads, Kona Chocho Estates, Kona Macadamia Acres, and Queen Liliuokalani Village to the southeast. 61. The Petition Area is in close proximity to transportation systems, utilities and services. Queen Ka'ahumanu Highway is directly adjacent to the Petition Area, while A00-730 Lanihau Properties, LLC (Hawaii) i Mamalahoa Highway is located approximately 3 miles mauka. The County's Pu'uanahulu Landfill is approximately 18 miles to the north. Police and fire protection services for the Petition Area are available at facilities located approximately 1.5 miles to the south and 3 miles to the southeast, respectively. The nearest schools are located within approximately 2 miles of the Petition Area and a variety of parks are available in the Project vicinity. 62. The Petition Area occupies an area of relatively uniform slope with the exception of a bulge in the central/northerly area and a dip in the southerly portion. It extends in elevation between approximately 40 feet above sea level at the highway to about 320 feet at the mauka border. 63. The Flood Insurance Rate Map ("FIRM") of the U.S. Federal Emergency Management Agency ("FEMA") identified the Petition Area as lying within Zone X, areas determined to be outside the 500 -year flood plain, and not subject to coastal hazards such as tsunami inundation. 64. The natural drainage system of the Petition Area consists of rainfall percolating through layers of very porous lava to the groundwater table. There are no definable streams or natural drainage ways within or in the immediate vicinity of the Petition Area. 65. The Island ofHawai'i is susceptible to seismic activities. The Hawaii County Code relating to the Uniform Building Code (1991 edition) was amended in July 1999 to upgrade the seismic zone for the Island of Hawaii from Zone 3 to Zone 4. The rating system is based on a scale of 1 to 4, with a rating of 4 having the highest risk associated with seismic activity. The Hawaii County Building Code requires that all new structures be designed to resist forces to seismic Zone 4 standards. 66. According to the volcanic hazard zones map for the Island of Hawaii prepared by the United States Geological Survey ("USGS"), the Petition Area is in Zone 4. The A00-730 Lan Tau Pmpenies. LLC (Hawaii) 10 zones are ranked from 1 through 9 based on the probability of coverage by lava flows, with Zone I being the highest hazard and Zone 9 being the lowest. The lava flow hazard for Zone 4 is attributed to Hualalai, one of three volcanoes which have been active in historic times on the Island of Hawaii. Hualalai last erupted in 1800-1801, covering land several miles north of the Petition Area. In this zone, frequency of eruptions is lower than on Kilauea and Mauna Loa and flows typically cover large areas. 67. The U.S. Department of Agriculture Natural Resources Conservation Service classifies the soil in the Petition Area as pahoehoe lava flows (rLV) and aa lava flows (rLV). None of the land within the Petition Area has been identified as "Prime, Unique or Other Important Lands" under the Agricultural Lands of Importance in the State of Hawai'i ("ALISH") system. According to the Detailed Land Classification - Island of Hawaii prepared by the University of Hawaii Land Study Bureau ("LSB"), the Petition Area is classified as "E", or very poorly suited for agricultural productivity. 68. The soil capability class rating for both a'a and pahoehoe lava is VIII, indicating that the soils have severe limitations that make them unsuited for cultivation and commercial plants, and restrict their non -urban use largely to pasture, woodland, wildlife, water supply, and aesthetic purposes. PROPOSAL FOR RECLASSIFICATION 69. The Petition Area is strategically located along Queen Ka'ahumanu Highway halfway between Kona International Airport at Keahole and Kailua-Kona and it is an in -fill property between the existing Kaloko Industrial Park and the existing Honokohau industrial developments. 70. The type of land use that will be enabled by reclassification would complement and enhance adjacent activities, interconnect the developing infrastructure grid in A00.730 Lanihau Properties, LLC (Hawaii) - t t the area, as well as "bring a historic quarry/heavy industrial operation into land use conformance." 71. The intended uses in the Kaloko-Honokohau Business Park include light industrial, business and commercial uses similar to those in the existing Kaloko Industrial Park and the Kailua Industrial Area, plus additional commercial uses consistent with the County's list of Mixed Use Industrial/Commercial Area (MCX) zoning uses. In the first Phase, approximately 100 acres will be designated for industrial/mixed use and I00 -plus acres will be designated for general (heavy) industrial (MG) zoning use (quarry and related uses). In the second Phase, approximately 80 acres will be designated for industrial/mixed use and the final Phase, comprised of approximately 40 acres will also be designated for industrial/mixed use. Examples of uses permitted under these zoning designations include: Industrial/Commercial Mixed Districts: automobile sales and rentals; • car washing; • automobile service station; • financial institutions; • home improvement centers; • medical clinics; • plant nurseries; • retail establishments; and • restaurants. General Industrial Districts: • utility facilities, public and private; • lumberyards and building material yards; • heavy equipment sales and service; • business service; • convenience stores; A00.730 Lanihau Properties, LLC (Hawaii) 12 concrete or asphalt batching and mixing plants and yards; and self -storage facilities. 72. The Petitioner has agreed to prohibit certain uses within the Heavy Industrial (MG) zoned area, including heliports, bulk storage of flammable and/or explosive material (tank farms), landfills for dumping or disposal of refuse or waste matter (except for green waste/composting facilities), fertilizer manufacturing plants, junkyards, public dumps, saw mills, refining of petroleum products, slaughterhouses, commercial pesticide and/or extermination facilities, and power plants. DEVELOPMENT TIMETABLE 73. Development of Phases 1 and 2 of the Project is anticipated to begin in 2004 with completion anticipated in 2012. Development of Phase 3 will commence as market conditions warrant and under the most favorable circumstances, development could commence in 2011 in conjunction with the Phase 2 development. However, a reasonable scenario would anticipate commencement of Phase 3 development in 2015. PETITIONER'S FINANCIAL CAPABILITY 74. The estimated cost for the required infrastructure and improvements is approximately $9,000,000. 75. Petitioner is currently proposing to undertake the development of the Petition Area itself, including construction of roads and infrastructure systems and subdivision of the development lots. 76. The finished lots will be either leased or sold, with the acquiring entity responsible for construction of buildings and other on-site improvements. Petitioner intends to finance the proposed Project using a range of alternatives including, but not limited to, equity contributions, conventional financing, joint venture partners and/or independent developers. A00-730 Lanihau Roper ies, LLC (Hawaii) 13 Revenues obtained from sales/lease of the early development phases would also be available to finance subsequent phases of the Project. STATE AND COUNTY PLANS AND PROGRAMS State Land Use District 77. The Petition Area is in the State Land Use Conservation District. 78. The Property will be zoned and developed for general (heavy) industrial use, and industrial -commercial mixed use and is located in bet%Neen, and is similar to, uses in the surrounding business parks. 79. The West Hawai'i Regional Plan ("WHRP") addresses areas of concern, which require State attention in order to most effectively meet the region's present and emerging needs. The goals of the WHRP include the need to ensure that new development does not adversely impact agricultural resource activities; aquacultural resource activities; the quality of the aquifer; the quality of the nearshore waters (including anchialine ponds); the quality of offshore and deep ocean waters; the quality of the air; and the watersheds. The Petition area is included within a larger area that was recommended for reclassification from the State Land Use Conservation District to the State Land Use Urban District during the State's Five -Year Boundary Review in 1992. General Plan Designation 80. The General Plan Land Use Pattern Allocation Guide ("LUPAG") Map designates the Petition Area as Industrial and Urban Expansion. 81. The Project is in general conformance with the following elements of the Hawaii County General Plan: economic; flood control and drainage; historic sites; natural resources and shoreline protection; land use and industrial; and for the additional elements A00-730 Lanihau Propenies, LLC (Hawaii) 14 pursuant to the County of Hawaii General Plan Revision Program: environmental quality and utilities. Keahole to Kailua Development Plan 82. The Keahole to Kailua Development Plan ("K to K Plan"), adopted by the County Council by Resolution No. 296-91, is intended to carry out the General Plan goals and policies related to the development of the portion of North Kona between Keahole Point and Kailua-Kona between Mamalahoa Highway and the shoreline. 83. The stated goals of the K to K plan are to: the Keahole-to-Kailua area; Provide a framework for the future growth and development of Provide a framework for infrastructure plans and cost estimates for the rational and cost-effective development of the area; Provide a basis for coordinated public-private implementation of major infrastructure projects; and Provide a framework for State and County action on designating lands for urban development. The Project is consistent with the designation of "Limited Industrial" by the Land Use Plan of the K to K Plan for the Petition Area. County of Hawaii Zoning 84. The Petition Area is located within the Open zoned district and a zone change will be requested to reclassify the Petition Area from Open District to MG, General Industrial District and MCX, Industrial -Commercial Mixed District. County of Hawaii Special Management Area 85. The Petition Area is located outside the boundaries of the County's Special Management Area ("SMA") and is therefore not subject to the SMA Use Permit. A00-730 Lanihau Propenies, LLC (Hawaii) 15 NEED FOR THE PROPOSED DEVELOPMENT 86. Following an extended period of low activity in the early to mid-1990s, the West Hawai'i economy and industrial real estate sector have shown substantial recovery and growth since late 1996, with particular strength over the past 24 months. The actual number of lots absorbed in 1999 far outpaced the finished space land requirement. 87. Two projects in the nearby vicinity of the Petition Area, the Kaloko Industrial Park, Phase II (35 one -acre lots) and Kohanaiki Business Park (26 one- to five -acre lots), sold more than 80 percent of their available inventory during 1999, indicating a continuing demand for additional lots. 88. The region has successfully absorbed some 240.2 gross acres of industrial lands and 1.91 million square feet of finished floor space through 1999, averaging 8.9 acres and 73,200 square feet annually since 1979. 89. There is currently an estimated 5.5 percent vacancy rate of industrial floor space in the regional market. This is the lowest availability of space since 1991, and the lowest vacancy rate since 1990. Recently, absorption of available space quickened significantly, with the vacancy rate dropping by more than 1.5 points in the last quarter of 1999. 90. The existing in-place supply of industrial/business land in the Keahole to Kailua-Kona corridor, which includes the Petition Area, will be sufficient to meet market demands for another three or four years. After that time, additional developments will be required if the sector is to maintain an appropriate demand/supply balance. The recent offerings at the Kaloko Industrial Park Phase II, Honokohau Iki and Kohanaiki Business Park developments, while serving to fill pent-up demand occurring during the past decade, are almost fully absorbed, mostly by owner -user purchasers who plan on building and occupying the finished space within the next 5 years. While there are large acreages of industrial additions A00-730 Lanihau Properties. LLC (Hawaii) 16 proposed in the region, virtually all would have to be developed in a timely manner to meet demand levels. 91. The availability of "heavy" (general) industrial lands in West Hawai'i is extremely limited, with most located near Kawaihae, well -removed from the emerging Keahole to Kailua-Kona business corridor. 92. Based on historic and prevailing market trends, and the anticipated movements in the West Hawaii industrial/business sector, it is estimated that it will take about 10 years of marketing and exposure time to successfully absorb the approximately 100 acres of industrial/mixed use lands in the first Phase and the approximately 100 -plus acres of the quarry and heavy (general) industrial lands of the subject Project. The second Phase, comprising of approximately 80 acres of industrial/mixed use, would require an additional 9-10 years. The final Phase of approximately 40 acres of industrial/mixed use would be absorbed over a subsequent 4-6 years. The entire development would take 23 -plus years to be fully absorbed. ECONOMIC IMPACTS 93. Petitioner prepared a market study and economic analysis for the Project. The Project will be a significant source of employment for the region, during both construction and operation. 94. The economic impact analysis calculated that the Project will bring an estimated $329.62 million in direct development capital into West Hawai'i over the 34 -year build -out period for the Project. 95. The analysis calculated infrastructure and building construction, and allocated them over the three phases of the Project. Based on this, the Project would infuse an anticipated $9.69 million annually into the Big Island building industry on average over the build -out period. A00-730 Lenihau Propwies, LLC (Hawaii) - 17 96. The development phase of the Kaloko-Honokohau Business Park (including subdivision, lot improvements and initial business operations) will generate some 174,683 "worker years" of direct employment on the Big Island, paying in excess of $5.2 billion in total wages over a 34 -year build -out period (including infrastructure and finished buildings). 97. The Project will lower unemployment in the construction trades by 15 - 25 -plus percent during the building process, and the permanent on-site employees will represent about 5 percent of the total county workforce 3 decades from now. The operating businesses will collect an estimated $839 million annually in gross revenues. 98. Industrial parks are traditionally a major source of net revenue for the government, weighing the costs of providing public services to the Project versus the tax benefits provided by it through property, income and sales taxes. 99. Historically, the Big Island's primary employment sector has been agriculturally oriented. 100. During the 1980s, construction and service sector jobs associated with the growth of the tourist industry, especially the major resort and hotel properties in West Hawai'i, began to dominate the job market. 101. Population growth and business diversification have resulted in a multi- faceted and flexible labor pool in West Hawai'i, although workers are not always fully employed. SOCIAL IMPACTS 102. Population has grown rapidly in all of West Hawaaz i and particularly in North Kona where the number of inhabitants increased from 22,284 in 1990 to an estimated 25,447 in 1995. By 2000, this number increased to 28,543 according to the US Census. A00-710 Lanihau Properties. LLC (Hawaii) is 103. Of the nine districts on the Big Island, North Kona has sustained the second largest rate of growth (after Puna) since 1970, at 429 percent. 104. The prevalence of tourism has also increased the visitor share of the de facto population (those actually present on any given day) to about 1/4 the resident population. Both resident and de facto populations are expected to keep rising, although less sharply, into the foreseeable future. 105. The Keahole to Kailua Development Plan estimated the resident population of that portion of North Kona at 4,230 in 1988 and estimated that it would grow to 14,674 by the year 2010. 106. Direct social impacts from the proposed reclassification would be minimal because the Project will not create a substantial influx of population. Businesses expected to occupy the facility are either already operating (in the case of the quarry and related businesses) or are primarily service -type industries that depend upon, but do not necessarily induce, population growth. 107. The Project, which will be occupied over a 20-30 period, is not expected to induce any significant in -migration to Kona, but rather service primarily the needs of the growing population, which will also supply a growing source of labor. 108. No displacement of residences, businesses, community facilities, farms or other activities would occur because of the Project. MiP A -CTS UPON RESOURCES OF THE AREA Agricultural Resources 109. The Petition Area consists of lands classified as very poorly suited for P agricultural productivity. The U.S. Department of Agriculture Natural Resources Conservation A00-730 Lanihou Propenies, LLC (Hawaii) 19 Service classified the soil in the Petition Area as pahoehoe lava flows (rLW) and a'a lava flows (rLv). 110. None of the land within the Petition Area has been identified as "Important Agricultural Land" under the ALISH system. According to the Detailed Land Classification - Island ofHawai'i prepared by the LSB, the Petition Area is classified as "E", or very poorly suited for agricultural productivity. Historical Resources 111. An archaeological inventory survey of the Petition Area and a large extent of surrounding property with limited subsurface testing was conducted by Cultural Surveys Hawaii. The survey was approved by the State Historical Preservation Division, Department of Land and Natural Resources ("SHPD") on August 28, 2001. 112. Of the 73 recorded sites within the Petition Area, there are 9 with multiple functions categories and 64 listed under a single functional interpretation. The most common functional types were temporary habitation and mixed temporary habitation. The next most prevalent site type was agriculture, followed by other habitation site types - recurrent and permanent. Five (5) sites contained burials. 113. The primarily traditional Hawaiian sites consist of dryland agricultural complexes, simple agricultural features, temporary,recurrent and permanent habitation sites, a refuge cave, human burials, animal containment features, an ahupua'a wall and various boundary walls, two petroglyphs, trail segments and ahu (shrines or markers). Sites associated with historic -era activities - cattle ranching - were also identified within the Petition Area. 114. The archaeological site types are as follows: trails (5), walls and wall segments (6), petroglyphs (2), outcrops (7), rock shelters (2), lava tubes (14, 4 of which contain burials), pecked basinlpahoehoe excavation (2), complexes (which may contain numerous A00-730 Lanihau Properties. LLC (Hawaii) 20 elements such as terraces, enclosures, platforms, trails, etc.)(14), ahu (4), mounds (2), enclosures and enclosure remnants (9), platforms (2), lava blister (1), sink (1), pavement (1), and terrace (1). 115. 50 of the sites (68%) are located in several concentrations between the Queen Ka'ahumanu Highway and 175 feet above sea level. Few sites were identified between 175 and 225 feet in elevation and the remaining 23 (32%) are found between 225 feet and the mauka end of the Petition Area. 116. The great majority of the sites in the Petition Area date from pre -Western Contact, while some exhibit a combination of pre- and post -Contact use and some are historic - era sites associated with cattle ranching. 117. All sites were evaluated by the archaeologists as having some level of archaeological significance. They recommend that of the 73 sites, 8 sites are significant for preservation, 31 are significant for the information they contain and are recommended for data recovery, and the remaining 34 sites are recommended for no further work, as sufficient information has already been obtained from them and they are therefore deemed no longer significant. 118. The eight (8) sites in the Petition Area recommended for preservation contain examples of permanent habitation sites and lava tube complexes, burial sites, a refuge cave, petroglyphs, and partial preservation of two traditional/historic trails. 119. Portions of one mauka-makai ahupua'a trail (site 18099) and of the Mamalahoa Trail (02) are recommended for preservation. The mauka-makai trail (site 18099) has sections which are excellent examples of trails that once extended between the coastal and upland settlements of Honokohau I and II ahupua'a. The preservation of the Mamalahoa Trail would need to take into account continued major construction activities within Honokohau, Kealakehe and Kealuolu. Based on the major breaches within and adjacent to the Petition Area, A00.730 Lanihau Propenies, LLC (Hawaii) 21 the poor remnant condition of the trail, and private ownership of the trail within the Petition Area, preservation of only a representative sample appears warranted. 120. All of the burial sites (five identified within sites 18088, 18116, 18117, 18134, and 18197) in the Petition Area are recommended by the study for preservation and should be protected from any potential adverse impact. The Petitioner will coordinate with the State Historic Preservation Division and the Hawai'i Island Burial Council regarding burial treatment plans for these sites as well as any other inadvertent burial finds within the Property. 121. Development of the Project will result in alterations of the landform that may compromise some of the archaeological sites. The Project has been planned in close coordination with archaeological and cultural inventory to ensure that all known burials and all sites important for preservation or data recovery will be preserved in place. 122. In order to ensure proper treatment, several formal plans will be prepared in consultation with SHPD, the Hawai'i Island Burial Council, KAHO and other organizations. These are the Preservation Plan, the Data Recovery Plan and the Burial Treatment Plan. 123. The details of the 3 aforementioned plans have not been finalized, but the following mitigation measures are expected to be incorporated: 1) All currently known burials (identified in FOF # 120) will be preserved in place as appropriate and all sites recommended therein for preservation will be preserved. 2) Buildings, road and infrastructure have been planned and will continue to be planned to avoid and incorporate buffer zones for all burial and preservation sites. 3) Interpretive programs, including signage and access for certain preservation sites, will be developed in consultation with KAHO. 4) The Petitioner, consulting archaeologist and cultural historian will continue their coordination with local historians, resource persons and community groups in gaining a full appreciation of the historical and archaeological resources of the Petition Area. A00-730 Lanihau Properties, LLC (Hawaii) 22 5) It is expected that permitting agencies will require successful completion of the actions specified in the Preservation Plan, Data Recovery Plan and the Burial Treatment Plan in order to proceed with development plans. 6) If any previously unidentified sites, human burials or remains are encountered, work will stop immediately and SHPD will be consulted to determine the appropriate mitigation. National Park Service Mandates 124. KAHO is a natural and cultural resource of the utmost value both to the State of Hawaii and the nation as a whole, representing some of the State's most important natural systems, habitats, and valued cultural, historical, and natural resources. 125. Congress authorized KAHO on November 10, 1978, to provide a center for the preservation, interpretation and perpetuation of traditional native Hawaiian activities and culture and to demonstrate historic land use patterns as well as provide needed resources for the education, enjoyment and appreciation of those activities and culture by local residents and visitors, and to be administered in accordance with provisions of the law generally applicable to the National Park System. 126. A substantial public investment — over 70 million dollars of public funds — was spent to purchase land within KAHO. This Commission recognizes the economic value of this coastal Park, providing natural, recreational and cultural resources. 127. The NPS' mandate and the purpose of KAHO is to restore and resurrect many of the Park's cultural and natural resources. 128. The NPS is also required to encourage compatible adjacent land uses and to pursue mitigation of potential adverse effects on park resources and values. 129. Should impacts to natural or cultural resources of the National Park, and more specifically KAHO, occur, the NPS is directed to take all necessary actions to safeguard A00.730 Lanihau Propenics, LLC (Hawaii) 23 Park resources. Those who destroy or injure park resources are liable to the United States for response costs and damages. National Park Management 130. When a development is proposed up -gradient of the National Park, and more specifically KAHO, and the contaminants threats are potentially serious, the NPS recommends an Ecological Risk Assessment be conducted consistent with their criteria. No party conducted such an assessment. 131. The 1998 guidance from the U.S. Environmental Protection Agency ("EPA") states that special measures should be taken to protect nationally important resources. 132. The philosophy of "The Precautionary Principle" was developed to address the inherent complexities of natural systems and the difficulties of predicting the effects of human activities on dynamic ecosystems. 133. The Precautionary Principle states, in effect, that in the absence of scientific agreement or exhaustive scientific evidence, precautionary measures should be taken to protect important natural and cultural resources. 134. The Precautionary Principle is gaining wider acceptance in the United States and worldwide during the past decade as the basic rule that should govern activities that affect the ocean environment and the LUC accepted this principle as applicable to this Petition. 135. The LUC supported this philosophy as applied to National Parks and determined that, for all proposed development adjacent to or near KAHO that raises threats of harm to the environment, cultural resources, or human health, precautionary measures should be taken to protect KAHO cultural and natural resources, even if some cause and effect relationships are not fully established scientifically. A00-730 Lanihau Properties, LLC (Hawaii) 24 136. The NPS applies the Precautionary Principle to its management decisions. In the absence of scientific agreement or exhaustive scientific evidence, the NPS will err on the side of the protected resource. 137. The water in KAHO, whether water in the fishponds, the anchialine ponds or the ocean water is a critical park resource in and of itself. 138. One of the critical elements in maintaining the KAHO's cultural and natural environment is maintaining a high level of water quality because some of the Park's most important cultural and natural resources are the unique anchialine ponds and fishponds that were utilized by Hawaiian families for hundreds of years and are home to threatened and endangered species. 139. Project -related alterations to the quantity of flow and nutrient load of the groundwater, as well as contamination of groundwater with toxic substances, could adversely affect the fishponds, anchialine ponds and nearshore waters of KAHO and environs, makai of the Petition Area 140. Evidence shows that without implementation of the mitigation measures described in the FEIS, the Project will increase nutrients and release contaminants into the groundwater that flows into KAHO, and that the existing industrial development already has. 141. Activities associated with projects, such as the proposed Business Park and more specifically the Project, have at least some potential to affect groundwater, nearshore waters and coastal ponds. Changes in the flow rate can affect salinity. If great enough changes occur, the basic ecosystems may undergo alteration. Additions of nutrients can induce eutrophication - which occurs when the lower levels of water become deprived of oxygen as a result of the deccmposition of biomass (e.g. algae) produced by nutrient rich upper waters - in non -eutrophic pond waters, and increase the rate of eutrophication processes where they already A00-730 Lanihau Propenies, LLC (Hawaii) - 25 occur. Toxic materials such as heavy metals and synthetic organic compounds can become concentrated in the food chain of aquatic ecosystems. 142. In response to the scientific research and opinions rendered by Petitioner's water quality consultants, there has been considerable interest by Intervenor and other entities concerned with general water quality and aquatic biota in the vicinity of the Petition Area. KAHO and other entities dispute certain methods and conclusions of the Project consultants. 143. These concerns were raised during TSA's Kaloko Business Park Phases III and IV State Land Use Commission boundary amendment process that was initiated by TSA and thereafter designated as "Docket No. A-00-732." The Commission found TSA's consultants' analyses to be deficient in assessing the potential impacts of its proposed project on such resources. Inasmuch as the same consultants' studies are sources of information in this docket, such findings of the Commission and supporting portions of the record of TSA's proceeding are relevant to an assessment of potential impacts of the Project upon water resources and aquatic biota and the disputed nature of such analysis and conclusions should be disclosed. 144. No risk assessments as prescribed by NPS have been done to determine that no harm will come to the resources of KAHO, including the anchialine ponds, the coral reef, and the endangered and threatened species that rely on the health of those systems for habitat, and are considered sacred to native Hawaiians. 145. In the absence of adequate scientific evidence to show that the additional contaminants generated by the Project will not harm KAHO, precautionary measures should be taken to protect important natural and cultural resources including effective controls on pollution must be in place to contain and treat contaminants to protect the groundwater and the Park. A00_730 Lanihau Pmpenies, LLC (Hawaii) 26 Cultural and Historical Resources — Petition Area 146. Of all the land divisions, the most significant management unit may be the ahupua'a. The ahupua'a is a pie -shaped wedge of land that extends from the ocean fisheries fronting the land unit to the mountains or some other feature of geological significance. The boundaries of the ahupua'a were generally defined by topography and cycles and patterns of natural resources occurring within the lands. 147. The ahupua'a were also divided further, into smaller manageable parcels of land in which cultivated resources could be grown and natural resources harvested. Access rights to these parcels were generally tied to residency. 148. By using a system of social hierarchies, resources were efficiently managed and the resources of an ahupua'a supported not only those who lived on the land, but also contributed to support of the ah'i of regional and/or island kingdoms. 149. As long as sufficient tribute was offered and kapu were observed, those who lived in a certain ahupuo'a had access to most of the resources from the mountains to the ocean. 150. District subdividing was an integral part of Hawaiian life and was the product of careful adherence to resource management planning. 151. Traditional and historic literature, and oral historical accounts describe Honokohau as among the favored lands of Kekaha (descriptive of an and coastal place). The frosh watered shores of Honokohau; the fishponds of'Aimakapa, 'Ai'opio and ponds like Kahinihini'ula; salt making locations and the rich ocean and near shore fisheries; the inland agricultural field systems; and diverse forest and mountain resources attracted native residents to the area and sustained them on the land. A00-730 Lanihau Properrics, LLC (Hawaii) 27 152. There are a number of accounts of pre -nineteenth century and later historical accounts that specifically name Honokohau, and most of the accounts describe the area in the context of the larger Kekaha region 153. The accounts describe an area rich with legend and associations with important events in Hawaiian history, and also refer to use of the various marine resources, including working fishponds in the Honokohau-Kaloko vicinity. 154. Kamakau (196 1) reported that following the death of Kamehameha I and the period of mourning and purification, Liholiho stopped at Honokohau and dedicated a heiau to his god and prepared for his return to Kailua. The events that unfolded at Honokohau set in motion the breaking of the kapu and the ancient religious system 155. In the nineteenth and early twentieth centuries, references to Honokohau are limited - most likely a result of the great changes in the regional population that occurred in the early 1900s. 156. The ancient Hawaiians saw all things within their environment as being interrelated. That which was in the uplands shared a relationship with that which was in the lowlands, coastal region and even the sea. The ahupua'a as a land unit was the thread that bound all things together in Hawaiian life. 157. Petitioner prepared a cultural impact assessment in accordance with the methodology and content protocol provided in the Nov. 19, 1997 Guidelines forAssessing Cultural Impacts from the OEQC. This assessment included examining cultural practices and beliefs within the ahupua'a of Honokohau Nui and Honokohau Iki and surrounding areas, conducting research on archival -historical literature, and identifying and consulting with individuals and/or organizations with knowledge of the area's cultural resources, practices, and beliefs, or of its historical and natural resources. A00-730 Lanihau Properties, LLC (Hawaii) _ 23 158. With the exception of the Old Government Road and a cave site on the Petition Area's edge, none of the interviewees shared any knowledge of specific sites in the Petition Area. 159. All interviewees recorded that in the early twentieth century, residency and life in Honokohau focused on activities that took place on the shore or in the uplands, with little activity (except for limited cattle ranching) on the lower plain areas. 160. Those who resided in the Honokohau vicinity all recorded that except for occasional excursions into the lowland plains (generally undertaken as part of the ranch operations), little or no travel occurred via trails in Honokohau Nui for as long as the interviewees can remember. 161. Travel via mauka-makai trails in Honokohau Iki-Kealakehe; lateral shore line travel between Honokohau and Kailua; and mauka-makai travel between Honokohau to upland Kohanaiki did take place. 162. Interviewees acknowledged significant archaeological sites in the Petition Area such as ilina (human remains), sections of the old mauka-makai trail, and other sites that should be preserved and curate any artifacts discovered in the Petition Area in a collection in KAHO. 163. Although there are numerous cultural and historic resources present in KAHO that interviewees believed may be affected by the Project, the Property has not been used for traditional cultural purposes in the recent memory of any of the extensive list of interviewees consulted as a part of the oral history research. Based upon the limited range of resources in the Pctition Area and the proposed mitigation measures as described in the FEIS, there will be no known affect to the exercise of native Hawaiian rights related to gathering, access or other customary activities, nor to cultural practices or beliefs within the Petition Area. A00-730 Lanihau Propenies, LLC (Hawaii) _ 29 164. Although the Honokohau lands were highly utilized by native Hawaiians before Western contact, the Petition Area itself is outside those areas that were highly utilized. The Petition Area had much less intensive, often intermittent or transitional utilization, including trails, temporary habitation and agricultural uses. 165.. The Petition Area contains cultural resources in the form of archaeological features, including intensive dryland agricultural complexes; temporary, recurrent and permanent habitation sites; trails and ahu; petroglyphs; a refuge cave; and ahupua'a and various other walls. Cultural and Historical Resources — KAHO 166. Kaloko fishpond is one of the most significant cultural features in KAHO. Historically, the fishpond could produce up to 5,000 pounds of fish per year. A cave in the vicinity of Kaloko fishpond is the reputed burial location of Maui ruler Kahekili and King Kamehameha I. 167. Royal residences were set up along the shoreline, where today we find heiau, house platforms and enclosures, burial sites, petroglyphs, agricultural sites, and historic trails. 168. Interviews and oral histories of the Kaloko-Honokohau area highlighted the importance of the mauka-makai relationship and the management of the ahupua'a in Hawaiian culture. Certain interviewees believed that the Project may impact the water quality in the anchialine pools and Kaloko and Aimakapa fishponds. generations. 169. Fishermen continue to use the traditional opelu ko 'a as passed down for 170. Water is sacred to native Hawaiians — the dynamic thread that ties the environment together. A00-730 Lanihau Noperniea, LLC (Hawaii) 30 171. Important sacred native Hawaiian resources involving waters of KAHO include Kahinahinaula (Queens Bath) and anchialine pools, the Aimakapa and Kaloko fishponds, Aiopio fishtrap and adjacent heiau, and near -shore waters used forpikai ceremonies. 172. KAHO waters are a central element in many Native Hawaiian practices and rituals performed within the Park boundaries. These traditional practices include traditional techniques such as pole, spear, and net fishing for subsistence gathering and ritual needs, and rely heavily on the quality of the water, including groundwater, in the Park. Hawaiians also gather other marine food resources from KAHO, such as limu, wana, opihi, and octopus. 173. The opae'ula in the anchialine ponds provide traditional bait and chum for offshore fishing. 174. Religious ceremonies are still carried out by local Hawaiian families within the Park 175. In furtherance of its mandate, the NPS plans to restore many of these cultural resources, including restoring Kaloko fishpond to recreate it as a functioning fishpond for traditional Hawaiian fishing practices. 176. Degradation of water quality from mauka industrial development poses a threat to the traditional native Hawaiian practices in KAHO. 177. Impacts to near -shore waters might alter or reduce marine species utilized by native Hawaiians. A reduction in marine species due to development is a direct impact on native Hawaiian gathering rights. Threatened and Endangered Species 178. There are no threatened or endangered species or species of concern within the Petition Area. Three plants ranging in height from 3 to 6 feet, belonging to the candidate endangered species ko'oko'olau (Bidens micrantha subspecies ctenophylla) were A00-730 Lanihau Properties, LLC (Hawaii) 31 identified near the northeast comer, just outside of the Petition Area. However, it was not clear from the survey whether these plants were still within the remainder portion of the parcel not included in the Petition Area (7-4-08: 13) or located in the adjacent property owned by TSA Corporation. 179. The survey further reported that at least four (4) listed endangered species and shrubs of the ko'oko'olau were identified in the undisturbed portions of the Kaloko flow above the Petition Area. The endangered plants are the 'aiea (Nothocestrum brevis forum), ma'oloa (Neraudia ovata), halo pepe (Pleomele hawaiiensis), and Mariscus fauriei. 180. Development of the Petition Area may increase the potential for fires in this area. The Survey report recommended the establishment of a 50 -foot wide area to function as a buffer area and firebreak, along the eastern (mauka) boundary at the northeast comer of the Petition Area. The buffer would help to protect the candidate species ko'oko'olau located near the northeast corner, above the Petition Area as well as the 4 listed endangered species identified mauka of the Petition Area. It was further recommended that the location of the Bidens located near the northeast comer of the Petition Are be more accurately mapped when the Petition Area's boundaries are surveyed 181. KAHO is home to several endangered and threatened species as well as "species of concern" awaiting listing under the Endangered Species Act ("ESA"). 182. The threatened green sea turtle (Chelonia mydas) is commonly found along the Kona Coast and KAHO is an important resting and feeding area for a large resident population of juvenile green turtles. The critically endangered hawksbill turtle (Eretmochelys imbricata) is also found within the Park. 183. Populations of the endangered humpback whale (Megaptera novaeangliae) winter in Hawaiian waters from December to ApriL A00.730 Lanihau Properties, LLC (Hawaii) 32 184. Individuals of the endangered Hawaiian monk seal (Monachus schlauslondi) are occasionally seen in the area, including KAHO. 185. KAHO is home to the endangered Hawaiian Stilt (Himanoptus mexicanus knudseni), and Hawaiian Coot (Fulica alai). 186. KAHO is home to a number of candidate endangered shrimp species. Metabetaeus lohena and Poloemonella burnsi, are candidate endangered species, reported to be known from two anchialine ponds located within the Park. United States Fish and Wildlife Service ("USFWS") also listed other candidate endangered shrimp species that might be present, including Antecaridina lauensis, Calliasmata pholidota, Procaris hawaiana, and Vetacris chaceorum. 187. The Orangeblack Damselfly (Megalagrion xanthomelas) is a candidate endangered species that inhabits the Park's anchialine pools. 188. NPS cannot fulfill its responsibility to ensure clean habitat for these protected species without the cooperation of neighboring landowners. 189. Although KAHO is home to various threatened, endangered and rare species, the Petition Area itself is not. No endangered or threatened avian species were detected. It is possible that small numbers of the endangered endemic Hawaiian subspecies of Dark- Rumped Petrel (Pterodroma phaeopngio sandwichensis) may overfly the Petition Area between May and October. However, the distribution of the species has lately been reduced to a limited number of breeding colonies high on Mauna Loa and possibly Hualalai. To minimize the potential for disorientation and subsequent injury or death of the Dark-Rumped Petrels that may overfly the Petition Area, that all street lighting within the Petition Area will be shielded to eliminate upward directed light A00-730 Lanihau Propenies, LLC (Hawaii) 33 190. Petition Area is not considered to be essential habitat for any native terrestrial vertebrate species. 191. No listed invertebrate species are known from the Petition Area or any directly adjacent areas. Nearshore Resources and Coastal Waters 192. KAHO consists of 596 acres of marine environment. These Park waters support important cultural and natural resources. 193. The Hawai'i State Department of Health ("DOH") classified KAHO waters as double A (AA). The objective of this DOH classification is to preserve the natural pristine state of the water with an absolute minimum of pollution or alternation of water quality from any human -caused source or actions. 194. The Hawaii State Department of Land and Natural Resources ("DLNR") has designated KAHO waters as a Fish Replenishment Area/ Fisheries Management Area. This is recognition of the important marine resources in the Park. The Park waters are important, accessible fishing and gathering grounds for the local community. 195. The National Coral Reef Initiative is a Federal reef protection and research program that includes KAHO's important reef system in recognition of its national significance. 196. The marine habitat near KAHO is composed of three predominant zones that run parallel to the shoreline. The shallowest zone is formed of a basaltic shoreline bench. The coral Pocillopora meandrina is the dominant colonizer in this area of severe wave stress. 197. Based upon data measuring nutrients at the bottom of the nearshore waters of KAHO, the Park's waters are already in violation of the State's water quality standards for nutrients, including nitrates, ammonia, and phosphate, and chlorophyll -a and turbidity. A00-730 Lanihau Properties, LLC (Hawaii) - 34 198. Moving seaward, the flat nearshore bench terminates in a ledge with a vertical face extending to a depth of about 25 feet, beyond which is a typical West Hawaii reef platform, with high relief. Many reef corals and other benthic fauna find this an ideal habitat 199. Changes in groundwater chemistry composition from runoff and wastewater discharges may affect the structure of marine -life communities in nearshore areas. 200. Nutrient enrichment of coral reefs and near shore areas may affect marine - life communities and make coral reefs vulnerable to additional devastating indirect effects. 201. Added nutrients and contaminants may affect the quality of sea turtle foraging habitat. 202. Overabundance of nutrients on coral reefs can cause a shift in marine community structure -- dominance of corals to dominance of algae or other non -coral organisms by displacing new corals and overgrowing corals. 203. Nutrient enrichment of coral reefs may have devastating indirect effects, making the community structure vulnerable to additional impacts like disease, over -fishing, storms, and contaminant or petroleum spills. 204. At about 50 feet in depth, the slope becomes steeper, leading to the third zone, in which the coral is dominated by interconnected mats of finger coral (Porites compressa). Other important organisms in all zones are sea urchins, sea cucumbers, sponges, red calcareous algae, and various mollusks and crustaceans. The reef fish populations are typical of those throughout West Hawaii, and include many food fish taken by subsistence and/or recreational fishermen. Surgeon fishes, parrotfish, damselfish, and wrasses are all very common 205. Use of Park marine resources by people, including the local community and visitors, is an important aspect of KAHO, especially for the practice of traditional and customary native Hawaiian rights. Uses of the shoreline include recreational and subsistence AOO-730 Lanihau Properties, LLC (Hawaii) _ 35 fishing (including invertebrates and limu), swimming, snorkeling, sunbathing, and wildlife viewing (birds, turtles, and marine organisms in the tidepools and reefs). 206. The near -shore coastal waters are connected to, and affected by, the groundwater flow to submarine discharge, seeps and springs in the coastal area. Aquatic Resources - Anchialine Pools/Kaloko Fishpond 207. Water in Kaloko and Aimakapa Ponds is a mixture of seaward -flowing, brackish groundwater, and landward -flowing seawater. 208. Kaloko fishpond has an area of about I I acres and is the loko kuapa type of pond, where a natural embayinent is separated from the sea by a man made wall. The pond was constructed between 600 and 800 years ago by native Hawaiians with a dry -set stone wall. Because of its direct connection to the ocean through its makaha (sluice gate and porous walls), Kaloko Fishpond is not an anchialine pond and is mostly seawater. 209. Aimakapa fishpond is the largest and most important wetland along the west coast of Hawai'i and is a critically important habitat for endemic endangered waterbirds, migratory waterfowl, and shorebirds. Aimakapa pond is also a valuable cultural resource of high importance to native Hawaiians historically and today. 210. KAHO has at least 70 anchialine pools ranging from tiny depressions in the lava to larger ponds, including Aimakapa pond, representing about 10% of all anchialine resources in the State. 211. These ponds and pools are valuable environments, some with a mixture of native and non-native fish, crustacean and mollusk species, and they serve as feeding and nesting habitat for various birds, including two endangered, endemic species. A00-730 Lanihau Propanes, LLC (Hawaii) 36 212. Any development project has potential to impact downslope water quality. In this case, the ponds, pools, and marine environments within KAHO are highly significant resources. 213. Salinity in Aimakapa Pond is approximately 13 PPT and salinity in Kaloko Pond is approximately 33 PPT (compared to seawater, which has salinity of about 35 PPT). Thus, Aimakapa can be said to be approximately 60-65 percent groundwater, while Kaloko is about 90 percent seawater. 214. A potential mechanism for negative impact to nearshore marine and pond systems is increased sedimentation from surface runoff and wind as a consequence of grading and changes in land use. 215. Loss of wetland habitat is the primary cause of the decline of endangered Hawaiian waterbirds. Urbanization of areas around wetlands causes damage to water quality from urban runoff and other inputs such as nutrients and pathogens. 216. Altering the hydrology of wetland areas makes them less suitable, or even unsuitable, for native waterbirds. Alterations include withdrawals from municipal water sources, which can change the depths of wetlands, affect temperature changes, and cause saltwater intrusion into coastal groundwater supplies, which then alters salinity levels in associated wetlands. oxygen. 217. Increased nutrients can cause algal blooms that deprive water bodies of 218. A lack of dissolved oxygen can kill vertebrate and invertebrate species, giving the bacteria that produces botulism toxin the opportunity to grow. 219. Industrial contaminants (such as pesticides, metals, or other toxins) that reach a water body can also cause acute die -offs, and set the stage for avian botulism A00-730 Lanihau Properlies, LLC (Hawaii) - 37 220. Contamination of fish in Kaloko fishpond from mauka development is a major concern for this important cultural and natural resource. 221. The anchialine pools. and the species that they support are susceptible to impacts from changes to their unique ecosystem, including water chemistry changes from added nutrients and contaminants. 222. Aimakapa Pond is already impacted by industrial development on the Kona Coast as contaminants have been found in the pond's sediment and fish tissues. 223. Aimakapa Pond is nitrogen limited. Water bodies limited in nitrogen are at risk of eutrophication when additional nutrients, such as nitrogen and phosphorus, are added to the water body. 224. Increased eutrophication leads to changes in plant and animal communities and, in KAHO, potential impacts to federally protected species and their habitat and to native Hawaiian practices. 225. Eutrophication is a gradual accumulation of nutrients and organic biomass, accompanied by an increase in production of organisms (plants or algae) and a decrease in the average depth of water caused by sediments accumulating on the bottom Man's activities accelerate the eutrophication process, which causes severe problems for affected bodies of water. This acceleration is brought on by human discharges of organic wastes and/or nutrients, such as nitrogen and phosphorus. 226. Based on the mitigation measures to be implemented by the Petitioner as described in the FEIS, the Project is projected to elevate the nutrient concentration (both nitrogen and phosphorus) slightly in the groundwater which will not result in significant changes to the biota of the ponds or nearshore ocean. A00-730 Lanihau Properties, LLC (Hawaii) 39 227. Based on the mitigation measures to be implemented by Petitioner, as described in the FEIS, the effects of alterations in flow, salinity changes, sedimentation, and nutrients are expected to cause less than significant impacts on aquatic biota in Kaloko and Aimakapa Ponds, and the nearshore and marine environments. 228. Based on the mitigation measures to be implemented by Petitioner, as described in the FEIS, there is also no reason to expect that Project related alterations of groundwater flow, salinity, sediment or nutrient levels will lead to adverse water -related impacts upon the nearshore or marine environments or any particular species. Groundwater Resources 229. Groundwater underlying the Petition Area and traveling within the Park exists as a thin, brackish, relatively slow-moving basal lens in hydraulic contact with saline water at depth. 230. Further inland there is an abrupt change from the brackish basal lens to high-level groundwater of exceptionally low salinity. The existence of this high-level water may be associated with a dike complex located in the vicinity of Mamalahoa Highway. 231. The high-level groundwater has a water table that ranges from 40 to 292 feet above sea level in the wells inland of the Petition Area. Chloride levels are typically less than 10 mg/liter, which is very similar to rainwater, and the temperature is higher than basal water downgradient. Permeabilities are sufficient to accommodate high capacity pumps, and a number of potable water wells draw water from this resource. 232. Groundwater is vulnerable to impacts associated with industrial development and uses, such as the release of petroleum products, solvents, and other toxic chemicals into the groundwater, the disposal of nutrient -rich wastewater, and irrigation and AGO -730 Lanihau Properties, LLC (Hawaii) - 39 washwater into the groundwater, contaminated storm water runoff, and the removal of groundwater for drinking water supply. 233. Contamination of groundwater, increased nutrient load in the groundwater, changes in salinity of groundwater, and changes to groundwater volume alter the natural ecosystems in the Park. The myriad of potential impacts of such changes—ranging from massive bird die -offs due to avian botulism to increased population of toxic algae growth in ponds --remain inadequately assessed and lack scientific study. 234. There are four aspects of the Project that have the potential to alter the existing rate of flow, salinity and nutrient levels of the groundwater: 1) Drawing potable supply from inland wells will reduce the rate of flow from the high level aquifer into the basal lens; 2) Excess landscape irrigation and external water uses will percolate downward into the basal lens; 3) The disposal of on site wastewater during an interim period before sewer service is available will be a localized source of recharge and nutrient loading; and 4) Storm water disposed of in dry wells will enter the basal lens. 235. The Project is projected to use approximately 0.367 MGD potable water which would likely come from one or more of the four high level wells in the study area 236. Withdrawals from any of these wells will diminish leakage of high level groundwater into the downgradient basal lens. Based on model results from the USGS, this would reduce the flow of groundwater through KAHO by 0.055 MGD, or 2.6 percent of existing flow. 237. Such a change is not considered significant, as natural variations in groundwater levels related to periodic changes in ocean levels are far greater. At the same time, there will be some increase in salinity levels at both ends of the range. A00-730 Lanihau Propcnies, LLC (Hawaii) _ 40 238. Most potable water that does not become wastewater would be used for landscape irrigation, dust control or other external uses. Approximately 0.029 MGD of irrigation and other water would percolate through to the groundwater system beneath the Petition Area and would then flow into the southern half of KAHO. 239. Because this amount of water is very small relative to the quantity of flow in the basal lens, it would produce almost no measurable impact Wastewater 240. There may be an interim period after partial development of Phase 1 before the Petition Area is connected to the County of Hawai'i's Kealakehe WWTP. During this interim period, wastewater will be disposed of in individual systems approved by the DOH (e.g., septic tanks and leach fields). Without enhanced treatment, there would be potential for nutrient -enhanced groundwater from the Petition Area to reach the ponds of KAHO. 241. To minimize potential impacts, enhanced Individual Wastewater Systems ("IWS") will be utilized, where the IWS and absorption field are designed to remove no less than 92 percent of the Total Nitrogen and to provide additional phosphorus removal. Petitioner will develop and participate in a Wastewater Treatment System Maintenance Agreement to assure appropriate operation and maintenance of the IWS. A maximum of 40 lots are proposed to use the enhanced IWS. 242. About 0.055 MGD of treated wastewater would be added to the groundwater flowing beneath the Petition Area and to the water flowing through the southern half of KAHO, carrying the IWS treated wastewater with a relatively small load of nutrients with it, which would significantly reduce any potential impacts. 243. The County of Hawaii, through its Department of Environmental Management, has initiated the process to establish an improvement district to extend sewer lines A00.730 Lanihau Properties, LLC (Hawaii) 41 into the Petition Area and surrounding lands. Petitioner is committed to participate in the improvement district on a fair and equitable basis. 244. It is expected that County sewer lines will extend into the Petition Area by no later than 2010, and all businesses in the Petition Area will then connect to the Kealakehe WWTP, Wastewater will be conveyed to the Kealakehe WWTP, treated, and reused for irrigation. With respect to wastewater, the regional impact on groundwater of developing the Petition Area would be negligible following connection to the Kealakehe WTTP.. 245. No State wastewater system regulations protect significant natural resources and DOH rules do not address the removal of nutrients, such as nitrogen and phosphorous, that may disrupt natural systems. Surface Water 246. Generally, there is no surface water runoff within the Petition Area, due to its location above sea level in a dry area of highly permeable lava substrate. Over non -paved surfaces, surface runoff is rarely observed during even the most intense rainfalls. There are no wetlands located within the Petition Area. 247. Surface water is a source of polluted runoff or "nonpoint source pollution" because the water carries pollutants from impermeable surfaces such as roads, roofs and parking lots, picking up spills, trash and other contaminants. In a lava environment, this contaminated surface water can quickly leach into the lava towards the groundwater. Significant pollutant types include sediments, nutrients, toxins, floatables, and pathogens. 248. Untreated surface water from industrial development will potentially impact National Park resources by contaminating the groundwater that reaches the Park's ponds and coastal areas. Control of contaminated surface water can be achieved through the development of a Pollution Prevention Plan ("PPP") designed to address all pollutants associated A00.730 Lanihau Properties, LLC (Hawaii) 42 with industrial developments and to identify measures that will contain and treat such pollutants, in order to prevent any release into the environment, including the groundwater. 249. Drainage wells provide a direct conduit to groundwater, and are sometimes drilled into groundwater. Groundwater contamination from drainage wells is a serious problem because it affects drinking water, and also streams and the ocean 250. There are no State laws or County codes currently in place to ensure that pollutants carried with surface runoff do not get into the environment through groundwater. This lack of protection puts water quality and natural resources at risk where drainage wells are used. County drainage well standards are only designed for flood control purposes and not for removing any hazardous substances. 251. The consequences of nonpoint source pollution are increased risk of disease from water recreation, algae blooms, fish kills, destroyed aquatic habitats, and turbid waters. 252. Industrial contamination, including pesticides and solvents, has been found in groundwater sources in other parts of the State of Hawai'i 253. Most polluted runoff is from people's activities on the land and water, which can and should be prevented through appropriate measures. 254. Approximately one-third to one-half of the 15-20 inches of rain that fall on the Petition Area per year enter the groundwater system. This is equivalent to 0.15 MGD. The rest is lost to the atmosphere through evapotranspiration- 255. vapotranspiration 255. Development of the Project will render much of the land surface impermeable to water. On the local scale, this will create surface runoff that will be collected and disposed of in dry wells and/or settling ponds, and then percolate into the basal lens. A00-730 Lanihau Properties, LLC (Hawaii) 43 256. The amount of storm water reaching the basal groundwater after development will be higher than pre -development percolation and therefore there may be changes to the amount of groundwater flow or salinity levels; but based upon design assumptions, mitigation measures as described in the FEIS, and Best Management Practices (`BMPs") the volume and salinity levels are not anticipated to appreciably change. 257. Storm water can, however, increase nutrient levels and add toxics to groundwater. In order to mitigate potential impacts, the Petitioner will implement measures as described in the FEIS. Described mitigation measures include that the Petitioner, to the extent possible, shall first treat all runoff entering the ground to remove all industrial waste so that no industrial pollutants will reach KAHO or enter the water table. Petitioner shall be subject to and prepare covenants, conditions and restrictions for the Petition Area to contain spills and prevent materials associated with industrial uses attributable to the operations of the Property, including petroleum products, chemicals or other pollutants from leaching or draining into the ground or subsurface storm drain collection areas. 258. Based on the mitigation measures to be implemented by Petitioner, as described in the FEIS, nitrogen and phosphorous levels percolating from storm water runoff will be significantly reduced. 259. No adverse effects on the quantity or quality of potable well water from any existing or proposed wells will occur as a result of the Project. The total reduction in groundwater flow - an estimated 2.6 percent - will occur as a result of Project potable water wells withdrawing from high level aquifers. This degree of withdrawal is not considered significant, as natural variations in groundwater level related to periodic changes in ocean levels are far greater. At the same time, there will be some increase in salinity at both ends of the range. A00-730 Laniheu Propenics, L11C (Hawaii) 44 260. Under State and County laws, any storm water must be disposed of onsite. A system of collecting surfaces and channels will funnel drainage into storm water injection wells that will dispose of this collected runoff. 261. The State of Hawai'i, through its Coastal Zone Management ("CZM") Program is developing a "Coastal Non -Point Pollution Control Program" in accordance with EPA's Guidance Document for compliance with Section 6217 of the Coastal Zone Act. improved Best Management. Practices may result from adoption of new standards. 262. The National Pollutant Discharge Elimination System (NPDES) permit, which is also anticipated to be necessary for the Project because of the area required to be graded, is also being revised and strengthened Sedimentation 263. Increased sedimentation in the surface water bodies makai of the Project is highly unlikely. Surface water runoff has rarely, if ever, been observed in the area due to the highly porous nature of the underlying basalt, and thermal convection from solar heating of the land mass produces wind that predominantly blows inland. This would transport most Project - related dust away from coastal areas. 264. It is unlikely that measurable amounts of sediment would reach these surface water bodies. Any small additional inputs of sediment from construction activity are not likely to affect organisms in that area, thus no mitigation measures are necessary to reduce sedimentation. Toxic and Hazardous Substances 265. A variety of chemicals that have adverse impacts on the health of plants, animals, and humans even at fairly dilute levels are classified as toxic substances. Toxic substances include petroleum-based hydrocarbons, synthetic organic compounds found in A00-730 Lanihau Properties, LLC (Hawaii) 45 pesticides, heavy metals, and radioactive substances. Toxic substances are often constituents of very commonly used substances such as gasoline, household cleaning fluids, weed -killers, and batteries, and they can enter sensitive waters through improper handling and disposal. 266. The most likely form of release from the Project is non -point source accumulations such as parking or maintenance areas which are washed away by rainfall and percolate into the subsurface. 267. In the absence of adequate scientific evidence to show that the additional contaminants generated by the Project will not harm KAHO, precautionary measures to protect important natural and cultural resources including effective controls on pollution must be in place to contain and treat contaminants to protect the groundwater and the Park. 268. The USGS Study shows that KAHO has already been impacted by industrial development on the Kona Coast, finding contaminants in groundwater, pond sediments, and fish within KAHO. 269. Untreated surface water from the Project will potentially impact KAHO's resources by contaminating the groundwater that reaches the Park's ponds and coastal areas. 270. Control of contaminated surface water can be achieved through the development of a PPP designed to address all pollutants associated with industrial development and to identify measures that will contain and treat such pollutants in order to prevent any release into the environment, including the groundwater. 271. In order to protect the Park makai of the Project, the PPP should focus on structural BMPs, particularly in roadways and gutters, to contain surface runoff. BMPs are measures, controls, and devices used to prevent pollution from being discharged into waters such as rainwater and surface water then carried into streams, ponds, and oceans. A00.730 Lanihau Proper ics. LLC (Hawaii) - 46 272. The Petition Area has essentially no soil, and underlying lava formation is highly permeable making it easy for organics and petroleum products to reach groundwater and ultimately discharge into the anchialine pools and Kaloko Fishpond within KAHO. 273. The BMPs implemented by Petitioner should include storage and handling on impervious (paved) surfaces, containment of storm water runoff, and appropriate treatment (such as oil -water separators) before discharge. 274. The Project will be primarily limited to industrial -commercial activities. For portions of the Petition Area proposed for heavy industry, Petitioner will prohibit uses that pose the greatest potential to severely contaminate groundwater, including heliports, bulk storage of flammable materials, landfills, fertilizer manufacturing plants, junkyards, public dumps, refining of petroleum products and commercial pesticide and/or extermination facilities and power plants. These restrictions on land uses will limit potential sources of contaminants. 275. In light of the proposed mitigation measures to be implemented by the Petitioner, as described in the FEIS (including those above), the risk of toxic substances contaminating ponds and nearshore waters is minimal. Scenic Resources 276. The Petition Area occupies a corridor of land extending mauka from elevations of 40 to 75 feet at Queen Ka'ahumanu Highway up to elevation of 280 to 320 feet at the top of the Property. It is surrounded to the north and south by two other developed or developing commercial/industrial areas. The Petition Area is directly mauka of KAHO. 277. The main concerns regarding visual impact are the potential to: interfere with KAHO views of the scenic slopes of Hualalai; insert a disharmonious element to viewers from various parts of the Park; and A00-730 Lanihau Ropenies, LLC (Hawaii) 47 detract from the viewplane of Queen Ka'ahumanu motorists, who now have a view mauka through 69kV lines within the highway right-of-way towards the quarried area and some disturbed open space. 278. There are expansive views from the coastal areas of Honokohau and KAHO extending to the summit of Hualalai that look over the Petition Area to the forested areas mauka of Honokohau and the summit area of Hualalai. 279. Queen Ka'ahumanu Highway extends in a north/south direction along the boundary between KAHO and the Petition Area. This highway introduces a "built" landscape into this area that includes utility lines and graded and paved areas as well as 70 -foot high steel utility poles constructed by Hawaii Electric Light Company ("HELCO") that intrude into the mauka views from the Park. 280. The quarry area along the mauka portions of the Petition Area is for the most part screened from view from KAHO and Queen Ka'ahumanu Highway by a topographic bench that runs parallel to the slope through the middle of the Petition Area. Land makai of this bench is visible from the Park and Queen Ka'ahumanu Highway. 281. The topography of the area is such that the scenic view of the summit and upper slopes of Hualalai from the coastal areas of Honokohau extending mauka will not be obstructed by the Project. 282. Several approaches have been employed to present an attractive, harmonious appearance for viewers from KAHO and motorists on Queen Ka'ahumanu Highway: Setbacks, landscaping, design elements, and height limits in the critical "first -row" of buildings will help provide an attractive and minimally intrusive gateway for the Project. Additionally, certain lots in this visually sensitive "first -row" area will be required to adhere to lower building height limits than those allowed by the Hawai'i County Zoning Code height limit for buildings in the MCX zoned district. A00-730 Lanihau Propenies. LLC (Hawaii) 48 The landscaping utilizes fast-growing species to provide a buffer for the early years of the Project as well as slower -growing trees that will begin to provide the mature landscaping framework as time progresses. Various native and Polynesian species will be incorporated into the landscape along with selected exotic species. Grading Plans will specify a gradual, step-by-step elevation of lots mauka from the setback line, minimizing the potential for looming lines of buildings. Topographic and/or landscaping buffering are planned around the makai edge of the quarry area. Consultation with the Park is ongoing and will continue through the design plans for the Project, particularly with respect to South Access Road which will provide access to both the National Park and the Project. 283. The primary public viewpoints of the Petition Area include: (1) mauka views from Queen Ka'ahumanu Highway; (2) makai views from upper Hina Lani Street in the vicinity of Mamalahoa Highway; (3) southerly views from Hina Lani Street; and (4) mauka views from KAHO. 284. There are no significant impacts affecting views or visual resources as architectural design criteria will include consideration of building profiles and design, exterior color and surface treatment, and exterior lighting and sign standards. Flora Resources 285. A total of 46 species were identified within the Petition Area. Of these plant species, 29 (64%) are introduced, 10 (22%) are indigenous (i.e., native to the Hawaiian Islands and elsewhere), 4 (9%) are endemic (i.e., native only to the Hawaiian Islands), 2 (4%) are originally of Polynesian introduction and 1 (2%) is questionably indigenous (meaning that the origin is not clear, but there is sufficient data to conclude that it is probably native). 286. Quarry scrub vegetation covers the aa flow on the northern half of the Property. Almost all of the a'a flow has been bulldozed and disturbed at some time by the A00-730 Lanihau Propertics, LLC (Hawaii) 49 quarry operation. Where the flow is actively used by the quarry, there are few plants, if any. Parts of the lava support low, dense koa haole shrubs and fountain grass. Some native plants are found in patches of aa lava where the rough substrate has prevented heavy grazing. On the northeast comer of the Property, there are a few clumps of 'ohi'a lehua. 287. Koa haole shrubland occurs on the pahoehoe flows on the southern half of the Property. It is composed of koa haole shrubs with a dense cover of fountain grass between the shrubs. Scattered through the shrubs are trees of kiawe and jacaranda, as well as shrubs of Christmas berry, klu, maiapilo and noni. 288. None of the plants found within the Petition Area during the survey is a rare, threatened or endangered species. All of the native plants which are found on the Property can also be found in similar dry lowland environments in West Hawai'i and on most of the main Hawaiian Islands. Fauna Resources 289. An ornithological and mammalian survey of the Petition Area was conducted in December 1999 and no native, endangered or threatened avian or mammalian species were detected. 290. Only one mammal was sighted, a mongoose, but skeletons, scat, or other signs of feral goats, cattle and donkeys were also observed. It is also likely that Norway rats (and possibly the Polynesian rat), mice, dogs and cats utilize the area. 291. The endangered Hawaiian hoary bat has been recorded from the general area in past faunal surveys and thus is likely to occasionally forage above the Petition Area, however, none were detected by this survey. AOO-730 Lanihau Propenia, LLC (Hawaii) - so 292. A total of 15 avian species were detected during station counts. All of the species recorded are considered to be alien to the Hawaiian Islands. No native, endangered or threatened avian species were detected within the Petition Area during the course of this survey 293. There is the possibility that small numbers of the endangered endemic Hawaiian subspecies of the Dark-Rumped Petrel may overfly the Property between May and October. However, the distribution of the species has lately been reduced to a limited number of breeding colonies high on Mauna Loa and possibly Hualalai. 294. The potential impact that the Project poses to the endangered Dark - romped Petrels is the increased threat of the downing of birds disoriented by exterior lighting associated with the Project. To reduce the potential for interactions between nocturnally flying Dark-rumped petrels with extemal lights and man-made structures, exterior lighting within the Project will be shielded. Recreational Resources 295. There are several State Parks in the Kona area. These include the Old Kona State Park, Kealakekua Bay Historic State Park, Kekaha Kai State Park, Keolonahihi State Historic Park and Napo'opo'o Beach Park. 296. County parks in the Kona region include Disappearing (White) Sands Beach Park, Ho'okena Beach Park, Kahalu'u Beach Park, Manini Point (Napo'opo'o), Miloli'i Beach Park, and Pahoehoe Beach Park. Tennis courts are available at Greenwell Park in Captain Cook, Higashihara Park in Keauhou, and at Kailua Playground. There are several private, semi- private, and resort -owned golf courses in the area, which are also open to the public. 297. Approximately 450 berthing slips are provided for recreational and commercial vessels at Honokohau Small Boat Harbor located approximately 1.1 miles southwest A00-730 Lanihm Properties, LLC(Hawaii) 51 of the Petition Area at Honokohau Bay. Noise 298. Noise levels on the Petition Area are currently influenced by on-site quarrying, as well as adjacent industrial and commercial activity, the Queen Ka'ahumanu Highway and various smaller roadways. 299. According to noise level measurements taken in June 2000 at the northern boundary and various locations inside and outside of the Petition Area, the quarry operation and related activities are the only significant current onsite sources of noise. However, the average noise level at the northern boundary of the Petition Area was 56 dBA (the DOH maximum permissible sound level for commercial uses is 60 dBA and 70 dBA for industrial uses), with traffic and wind being the dominant sources of noise. Construction-Generated Noise 300. Operation of construction equipment and construction activities may generate noise exceeding 95 decibels at times, which may impact nearby areas. In cases where construction noise exceeds, or is expected to exceed, the DOH's maximum permissible levels, a permit must be obtained from DOH to allow the operation of vehicles and equipment which exceed these levels. 301. The contractor v<~il] comply with requirements pertaining to construction activities as specified in the rules and conditions issued with the permit as stated in Section 11- 46-7(d)(4), HAR, as determined to be necessary during consultation with DOH. Construction equipment and onsite vehicles will be equipped with mufflers as stated in Section 11-46- 6(b)(1)(A), HAR. I A00-730 Lanihzu Propcnies, LLC (Hawaii) 32 ' Quarry-Related Noise 302. Sample measurements taken in the vicinity of various quarry activities were used to predict the future impact of quarrying activities as they progress southw~azd. Heavy equipment, rock crushers and large drills that periodically operate at the top of the quarry will be the dominant source of noise generated by quarry operations. 303. When the quarry reaches its southernmost location, without mitigation, the maximum permissible noise level for industrial land use of 70 dBA would be periodically exceeded in a small section of the Petition Area adjacent to the quarry that is ultimately planned for industrial uses. Similazly, the maximum permissible noise level for commercial land use of 60 dBA would be periodically exceeded in a lazger section of the Petition Area adjacent to the quarry. ' 304. Industrial structures such as warehouses or manufacturing facilities may be built between the quarry and the more sound sensitive commercial areas, thus serving to buffer those areas from the quarry noise. Air Qrality 305. The State of Hawaii operates a network of air quality monitoring stations azound the State. Systematic data are not available for most criteria pollutants in Kona, except for particulates and sulfur dioxide which are of concern because of their association with vog. 306. The data aze derived from the Kona station, located on the campus of Kona.vaena High School, 14 miles south of the Petition Area. 307. Measurements of sulfur dioxide at this location during 1999 were consistently low, with an average concentration of 6mg/m3, which represents about 8 percent of ' the State and national standard. A00-730 Lanihau Properties, LLC (Hawaii) 33 308. No exceedances of the State/national 3-hotu and 24-hour ambient air quality standards ("AAQS") for sulfiu dioxide were recorded. 309. There were no violations of the AAQS during the 1999 monitoring period. 310. Air quality in the study azea is currently mostly affected by emissions from motor vehicles, industry and natural sources. 311. There have been no reported measurements of lead, ozone, nitrogen dioxide or carbon monoxide in the Project vicinity. These aze primarily motor vehicle related air pollutants. 312. Ambient air quality levels in the immediate vicinity would be most affected by vehicular emissions in the form of carbon monoxide ("CO") generated by Project- related traffic. Planned traffic and roadway improvements in the immediate Project vicinity will improve traffic flow and consequently help to reduce CO concentration levels. 313. The Project will generate air quality impacts that aze relatively minor and within all national standads. State s'eandazds will be exceeded during peak hours at some intersections under worst-case meteorological conditions. 314. Though the specific residents of the mixed-use commercial/light industrial portion of the Project have not yct been identified, it is expected that they ~~ould not have the potential to emit substantial amounts of air pollution. None of the permitted uses within the mixed-use commerciallliglrt industrial azea have the potential to emit significant amounts of air pollution. 315. State of l:awai'i air pollution control rules, Chapter 11-60, HAR ("Air Pollution Control Regulations"), require that any activity that causes air pollution must obtain written approval from the Director of the DOH. i AOOJ30 (~nihau Properties, ld.C (Hsw~ii) _ 34 316. The Project does not have the potential to cause air quality to worsen in an 1 appreciable manner such that it approaches federal or State standards for any criteria pollutants. 317. Fugitive dust emissions may arise from grading and dirt-moving activities associated with site clearing and prepazation work. The Air Pollution Control Regulations prohibit visible emissions of fugitive dust from construction activities beyond the property line. 318. An effective dust control plan for the Project construction phase is essential. 319. Potential air quality impacts during the construction phase of the Project will be mitigated by complying with the Air Pollution Control Regulations. Adequacy of Public Service and Public Facilities 320. No hookup to the local wastewater treatment plant is currently available. Without adequate mitigation measures that significantly reduce the release of nutrients into the groundwater, the use of standazd individual wastewater treatment systems poses a risk to the resources of KAHO. 321. Schools servicing the Petition Area include Kealakehe Elementary, Kealakehe Intermediate and Kealakehe High Schools located approximately 1.9 miles to the aouthczst of the Petition Area. 322. The eementay school's capacity is 1,064 students, and the 1999/2000 school yeaz enrollment was 898 students, putting the school at approximately 84 percent capacity. Kealakehe Intermediate School, with facilities for 1,078 students, is at 86 percent capacity with 930 students. Kealakehe High School opened in 1997, and is currently at 85 percent capacity with a student body numbering 1,119 in grades 9 through 12. 323. The Project will not generate a substantial demand for schools as the work ' force is anticipated to be primarily from the existing population. A00.730 LaniAau Progenies, LLC (Hawaii) SS 324. No significant impacts on schools would result from the Project, as little direct population increase would be attributed to the Project and the considerable net benefit in terms of State taxes would help fund schools. Solid Waste Disposal 325. The County of Hawaii does not provide solid waste collection service to individual residences or businesses in the region. Solid waste at the Kealakehe transfer station is received, compacted, and transported in trailers to the West Hawaii Landfill at Pu'uanahulu approximately 18 miles north of the Petition Area. 326. Solid waste generated by the Project will be collected by private refuse collection companies and transported to the County's Pu'uanahulu landfill for disposal. 327. The 2002 draft addendum to the Integrated Solid Waste Management Plan (Hawai'i County Departrnent of Public Works 1993) states that Pu'uanahulu landfill contains more than 12,000,000 cubic yazds of capacity, "which should be enough to accommodate the current waste stream for the first half of the 2181 century". 328. The area allotted for the West Hawaii Landfill is approximately 300 acres with 150 acres designated for landfill purposes. Cells ranging in size from 3 to 5 acres within the 150-acre footprint aze opened as needed, usually at two to three year intervals. The first cell of the 150-acre landfill at Pu'uanohulu was opened in 1993 with a projected capacity of 3 to 5 years. The landfill is cuttently working within the 6th of the 22 cells. 329. The West Hawaii Landfill currently handles approximately 270 tons of refuse per day with a projected anticipated increase of 3,000 tons per year (or 8 tons per day) for the next 5 to 6 yeazs. At this rate of anticipated increase of refuse, there should be enough capacity for approximately 40 to 45 years. "this projection does not include the anticipated r A00-730 Laniliau Properties, LI.C (Hawaii) ~ ' increase of refuse being trucked in from East Hawaii to the West Hawaii Landfill starting in 2004 with the closwe of the Hilo Landfill. 330. The Hilo Landfill currently handles approximately 180 to 200 tons of refuse per day and is scheduled for closwe around late-2004 when the capacity is gone. If significant diversion programs are not instituted, island wide utilization could cut the life of the West Hawaii Landfill. 331. Using standard assumptions concerning industrial/commercial facilities of a population density of 40 persons per acre and a waste generation rate of 5-6 pounds/per capita/per day, the annual solid waste at build-out for 270 acres would be 7,100 to 8,500 tons, which could be substantially reduced through recycling and greenwaste programs. 332. The waste stream of the Project that would enter the landfill would be ' between 4,473 and 5,355 tons per yeaz at full build-out - a maximwn of about 0.27 percent of the remaining capacity of the Pu'uanahulu Landfill taking into consideration that the Hilo Landfill and/or alternatives aze utilized. Assuming that full-build out progresses at an even pace and is complete approximately 30 years in the futwe, the total waste stream over the next 50 years would be about 187,000 tons, or about 9.4 percent of the landfill's capacity. Water System 333. Potable water is provided byihe County's Department of Water Supply from its North Kona Water System. The Petition Area will be serviced by an existing ]2 inch waterline within the Queen Ka'ahumanu Highway. 334. Additional water improvements would be required to serve the Petition Area at full build-out. These improvements will include source, transmission and storage facilities. A00-730 Lanihau propenica, LLC (Hawaii) s~ 335. The Petition Area water system improvements will be coordinated with the Department of Water Supply and developed in accordance with their standards and requirements. 336. The Project's average daily water demand was estimated to be 1,120,000 GPD. However, based on very similaz land use elsewhere in Kona, along with information from the existing quarry and related operations, it is estimated that upon full development of the Petition Area, a more realistic average daily water demand would be 367,000 GPD. 337. The Project has been considered by State and County agencies during planning for sustainable use of the Hualalai aquifer and implementation of the Project will not result in withdrawals in excess of sustainable yields nor preclude other planned uses. 338. Prior to any final subdivision approval or development of any industrial uses, the Petitioner will be required to obtain approval from the Department of Water Supply chat adequate water source, distribution and transmission facilities aze available to serve the Project. Highway and Roadway Service 339. The Petition Area borders Queen Ka'ahumanu Hughw~ay, a two-lane arterial highway with right-of--way capacity for expansion to a six-lane highway with additional frontage roads. It is the primary highway along the South Kohala and North Kona coasts. 340. Other major roadways that provide access to the vicinity of the Petition Area include Mamalahoa Highway and Hina Lani Street. 341. Mamalahoa Highway provides the primary route between Waimea and K~iluz-Kona Hina Lani Street provides mauka-makai access between Queen Ka'ahumanu Highway and Mamalahoa Highway. A00-730 faniAau Propenics, LLC (Hawaii) - 38 ' 342. Access to the Petition Area itself is currently via an existing road to the quarry. This road ("North Access Road") has exclusive left- and right-turn acceleration lanes at its intersection with Queen Ka'ahumanu Highway. 343. Two intersections off the Queen Ka'ahumanu Highway will provide access to the Petition Area; the existing quarry road and another that will be built opposite the access to the KAHO entry ("South Access Road"). 344. Lateral access will be provided through the proposed extension of the existing Kamanu Street between Hina Lani Street and Kealakehe Parkway. 345. As a pari of the design for the Queen Ka'ahumanu Highway widening improvements, Petitioner has agreed to relocate the main access for the Project on the Queen Ka'ahumanu Highway approximately 700 feet to the south and opposite the South Access Road. The Hawaii State Department of Transportation ("DOT") is proposing to be responsible for fully improving this intersection with traffic signals and taming lanes as part of this agreement. 346. The Petitioner's traffic impact assessment analyzed traffic conditions at various intersections in the vicinity of the Petition Area during the weekday morning (6:30- 9:30AM) and afternoon (2:00-5:30PM) peak traffic hours in October 1999 and identified potential traffic impacts resulting from the Project. Intersections surveyed included: 1. Queen Ka'ahumanu Highway and Hina Lani Street; 2. Hina Lani Street and Kana]ani Street; 3. Hina Lani Street and Kamanu Street; and 4. Mamalahoa Highway and Hina Lani Street. The analysis is based upon the concept of Level of Service ("LOS'S developed by the Transportation Research Board. A00-730 Lanihau Propcrties, LLC (Hawaii) - 39 347. Levels of Service are defined by LOS "A" through "F", with LOS "A" representing ideal or free flowing conditions and LOS "F" representing unacceptable conditions. 348. Most intersections within the study azea operated at satisfactory LOS (i.e., "C" or better) during the 7:15 AM - 8:15 AM peak hour of traffic, while Queen Ka'ahumanu and Mamalahoa Highways themselves operated at an overall LOS "D" and "E" respectively during this period. 349. During the 4:00 PM - 5:00 PM peak hour, the Hina Lani - Kanalani Street intersection operated at a LOS "F", and the left-tum movement from Hina Lani SVeet onto Queen Ka'ahumanu Highway operated at a LOS "F". All other intersections within the study azea operated at satisfactory LOS ("C" or better) during this time. Queen Ka'ahumanu and Mamalahoa Highways operated at an overall LOS "E" during this period. Year 2010 TraTlic Analysis 350. The traffic analysis considered the combined traffic from the general "background" increase between now and 2010. The Hawaii Long-Term Land Transportation Plan (HLRLTP) estimated about a 3.4 percent annual increase using 1999 as a base year. In order to be conservative, the traffic analysis then added traffic generated from the Project and the Kaloko Industrial Park Phases III and 1V, and traffic generated from other developments operating on the expected road network for various key intersections. 351. Without the Project, the key intersection in the Petition Area -Queen Ka'ahumanu Highway and Hina Lani Street - is expected to operate at an overall LOS "B" during the AM peak traffic hour, and LOS "C" during the PM peak traffic hour. 352. Without the Project, Queen Ka'ahumanu Highways's intersections with the North and South Access Roads will generally have good LOS except for a LOS "D" in the i PM peak at the North Access Road. A00.730 Lanihau Propenics, LLC (Hawaii) ~ 353. Without the Project, the Hina Lani Street intersections with the sidestreets entering the Kaloko Industrial Pazk will have fairly poor LOS at the peak hours, and the Mamalahoa Highway intersection with Hina Lani Street will have LOS "F" at both peaks. 354. The peak hour increase in vehicles generated by the year 2010 by the Project is expected to impact traffic on existing roadways in the area. In order to mitigate the traffic impacts resulting from the Project, various project-related improvements, in addition to those associated with other projects, aze proposed to be completed as part of the Phase I development activities. 355. In order to mitigate the effects of the Project, Petitioner will contribute its fair and reasonable pro-rata funding and/or construction of regional transportation improvements and programs. The following "project-related improvements" are proposed to be completed as part of the Phase 1 development activities: I • Westbound South Access Road will be provided with three lanes at its intersection with Queen Ka'ahumanu Highway. • The right-tum deceleration and acceleration lanes on northbound Queen Ka'ahumanu Highway at the North Access Road will be lengthened. • Kanalani Street will be extended from the northern boundary of the Petition Area to intersect with the North and South Access Roads. • Kamanu Street will be extended from the northern boundary of the Petition Area to intersect with the North and South Access Roads. 355. Compazing with and without-Project scenarios, the key intersection of Queen I:a'ahumanu Highway and Hina Lani Street is expected to have the same satisfactory levels during the AM and PM peaks as without the Project. 357. Peak hour A)v1 and PM LOS at the intersections off Hina Lani Street will ' stay at roughly the same unsatisfactory levels as without the Project. A00-730 Laniheu Properties, LLC (Hawaii) ~ 61 358. The Hina Lani Street - Mamalahoa Highway intersection would improve from unsatisfactory to satisfactory levels. 359. The peak hour increase in vehicles generated by the yeaz 2010 by the Project is expected to impact traffic on existing roadways in the area. The traffic improvements recommended in the FEIS, in addition to those associated with other projects, are expected to mitigate the traffic impacts resulting from the Project. Year 2020 Traffic Analysis 360. The traffic analysis considered the combined traffic for the general "background" increase between now and 2020, traffic generated from the Project and the Kaloko Industrial Park Phases III and N, and traffic generated from all other developments operating on the expected road network for various key intersections. 361. Without the Project, the LOS at the Queen Ka'ahumanu Highway and Hina Lani Street intersection would have deteriorated somewhat by 2020 to overall LOS "C" during the peak AM traffic hour and LOS "D" during the peak PM traffic hour. 362. Without the Project, the Queen Ka'ahumanu Highway's intersections with the North Access Road would have a LOS "D" at the AM peak and a LOS "F" at the PM peak, while the South Access Road would have a LOS "B" at both peaks. 363. Without the Project, similaz to 20] 0, the Hina Lani Street intersections with the sidestreets entering the Kaloko Industrial Pazk would have fairly poor LOS at the peak hours and the Mamalahoa Highway intersection would have LOS "C" at both peaks. 364. The peak hour increase in vehicles generated by the yeaz 2020 by the Project is expected to impact traffic on existing roadways in the area. In order to mitigate the traflc impacts resulting from the Project, various project-related improvements, in addition to i A00-730 Lanihaa Propcnies, LLC (Hawaii) - 62 ' those associated with other projects, are proposed to be completed as part of the Phase 2 and 3 development activities. 365. In order to mitigate the effects of the Project, Petitioner will contribute its fair and reasonable pro-rata funding and/or construction of regional transportation improvements and programs. The following "project-related improvements" are proposed to be completed as part of the Phase 2 and 3 development activities: • Northbound Queen Ka'ahumanu Highway will be widened at the South Access Road in the vicinity of the intersection to provide an additional through-traffic lane. • Southbound Queen Ka'ahumanu Highway will be widened at the South Access Road in the vicinity of the intersection to provide an additions] through-traffic lane. • A median storage lane will be built on moults-bound Kealakehe Parkway at Kamanu Street. • A channelized right-turn lane will be built on makai-bound Kealakehe Parkway at Kamanu Street. 366. Comparing the with and without-Project scenarios, the Queen Ka'ahumanu Highway and Hina Lani Street intersection would improve as a result of the diversification of entry points to the general azea that would be provided by the improvements in the Petition Area. 367. Because of the Project, LOS would improve at this key intersection to LOS "B" at both the AM and PM peak. LOS at the North Access Road would also improve relative to the without-project scenario. LOS at the South Access Road, however, would decline, although to levels that are still somewhat acceptable. 368. Peak hour LOS would also improve at the main intersection on Kealakehe Parkway -that of Queen Ka'ahumanu Highway -relative to the without-Project scenario. LOS A00-7J0 Lanihau Propcnies, LLC (Hawaii) 63 at Kealakehe Pazkw~ay's lesser intersection with Kamanu Street, however, would decline somewhat. 369. Peak hour AM and PM LOS at the intersections off Hina Lani Street would stay at roughly the same unsatisfactory levels as without the Project. 370. The Hina Lani Street - Mamalahoa Highway intersection would decline slightly to barely acceptable LOS. 371. The peak hour increase in vehicles generated by the yeaz 2020 by the Project is expected to impact traffic on existing roadways in the azea. The traffic improvements by Petitioner's traffic analysis, in addition to those associated with other projects, would mitigate these impacts and result in an overall improvement from the without-Project scenario. 372. Although not all intersections would improve in LOS, and some would decline, the major intersections of Queen Ka'ahumanu Highway with Hina Lani Street and Kealakehe Pazkway would be less congested with the Project than without it if all of the mitigation measures aze implemented. Public Utilities 373. Electrical power is provided by HELCO, a privately owned utility company regulated by the State Public Utilities Commission. 374. HELCO's Keahole generating plant, along with generating facilites in East Hawaii, provides electrical capacity to West Hawaii. 375. The peak electrical demand of the Project when fully developed is expected to reach 6,500 kilowatts ("kW Assuming average demand is approximately one half the peak demand, the annual electrical demand of the project will reach approximately 28 million kilowatt-hours ("kWh"). A00.730 Lani~au Properties, LLC (Hawaii) ~ ' 376. The Project's estimated buildout annual electrical demand of 28 million kWh represents 2.8 percent of the total current energy being delivered by the HELCO system, which totaled 1,013,610,1 l6 kWh in 1999 and 1,047,609,750 kWh in 2000. As the Project develops, its actual proportional use of HELCO's output will be smaller, as HELCO's capacity grows and the Project slowly expands electrical demand. 377. HELCO has stated that based on coordination with the Project's electrical engineers, the utility will have the capacity to supply the Project with its electricity requirements. 378. HELCO's current strategy for meeting energy needs of the next 20 yeazs involves 141 megawatts ("MW which will be met through a combination of conventional power plants (oil and coal fired) and with an unknown portion of renewable energy (solaz, wind, hydroelectric, geothermal, and ocean thermal energy conversion). Increased utilization of ' renewable energy alternatives will depend upon new policies and incentives that may be established. 379. The Petition Area, along with most of West Ha~vai'i, receives between 200 and 250 watts per cm2 in insolation (solaz radiation) (UH-Hilo 1998:50) and daytime temperatures aze frequently higher than 85 degrees Fahrenheit. This has favorable implications for both passive and active use of sunlight and also indicates a high need for air conditioning and/or alternative cooling strategies. This has several implications in terms of energy: • Solar water heating is highly practical at the present. • Buildings that provide for passive cooling, daylighting and similar measures will yield substantial energy use reductions. • Photovoltaic power is a distinct possibility. 380. Because of its location in a highly insolated area of the Big Island, the ' Project should also prepare for the eventuality that photovoltaic electricity production will be cost effective. The "break-even" point for homes and businesses in Hawaii that are currently A00-7J0 Lenfiau Propcnies, LLC (Hawaii) 65 connected to the grid is considered by energy experts to be on the horizon. This will occur through interaction of key factors including technology improvements, fossil fuel energy price increases, tax credits, renewable energy profile credits, load profiles, and electrical distribution changes such as net metering, which allows small scale generators to sell their excess energy back to the utility at retail rates. The break-even point may come soon for businesses with peak loads during the daytime hours, when direct use of energy avoids the extra costs associated with storage. 381. In addition, there is great potential for daylighting and use of passive cooling design (window tinting, natural ventilation, etc.), and similaz measures that can provide for substantial energy use reductions and better working environments. Energy efficiency design may also provide economic benefits. HELCO currently offers "Commercial and Industrial Energy Efficiency Programs" that give participants direct cash incentives for energy conservation measures beyond current standazd practice for both retrofit and new construction projects. These include space cooling, motors, lighting, and customized incentives. 382. Currently, telephone service to the area is provided by Verizon Hawai i Tel from the switching facilities in Kailua-Kona, with trunk cables supported on HELCO's 69 kV poles rnauka of Queen Ka'ahumanu Highway. 383. Sun Cablevision provides cable service to West Hawaii. There is presently no cable television service in the vicinity of the Petition Area, with the neazest service at the Villages of La'i'opua, several miles to the southeast. 384. Businesses in the Petition Area are somewhat likely to use solaz water heaters, particularly if existing tax credits remain in place to encourage such use. 385. The potential for photovoltaic electricity generation is currently low because of the relatively high initial investment costs, the requirement to maintain systems and A00.730 Lanihau Propcrlics, LLC (Hawaii) ~ ' the overall higher cost per kWh compazed to conventional electrical power acquired from the utility. Various studies by the U.S. Department of Energy, state energy offices, energy institutes and private businesses have estimated that photovoltaic costs well exceed the costs of production by fossil fuels. Police and Fire Protection 386. The Kealakehe Police Station is located on Queen Ka'ahumanu Highway 1.5 miles south of the Petition Area. Eight patrol units with over 50 officers aze assigned in three watches, providing 24-hour service to North and South Kona. 387. The Kailua-Kona Fire Station is located approximately 3 miles away from the Petition Area at the intersection of Palani Road and Queen Ka'ahumanu Highway. The station provides service for all of North Kona and assists with fire emergencies in adjacent districts. 388. Although it is likely that the Project would require the occasional police and fire protection services, it would likely represent a minima] amount relative to the overall regional demand. Health Care Services 389. The Petition Area is within the service azea of the 75-bed Kona Community Hospital located in Kealakekua, approximately 10 miles to the south. Although the hospital provides for most surgical needs, specialty cases are transferred to Honolulu hospitals. 390. Another medical facility in the region is the North Hawaii Community Hospital in Waimea. The Hospital has 50 beds and provides a full spectrum of acute care services, including a 24-hour emergency room, medicaUsurgica] caze, obstetrical/gynecological care, cardiac caze, and long-term care. A00-7J0 Laniheu Propcnics, LLC (Hawaii) 67 Commitment of State Funds and Resources 391. Petitioner intends to finance the Project using a range of alternatives, including, but not necessarily limited to, equity contributions, conventional financing, joint venture partners and/or independent developers. Revenues obtained from sales lease of the early development phases would also be available to finance subsequent phases of the Project and will not require direct expenditures by either the State of Hawaii or the County of Hawaii. Conformance to Applicable District Standards 392. The Property will be zoned and developed for general "heavy" industrial use, and industrial-commercial mixed use and is located close to other industrial uses. 393. The Petition Area is contiguous to land in the urban district to the north (Kaloko Industrial Pazk Phases I and II), the south (Honokohau-Iki Industrial uses) and to the west (KAHO and Honokohau Boat Harbor). The petition for district boundar; amendment for Phases III and IV of the Kaloko Industrial Park was granted by the LUC on February 14, 2002. 394. The Petition Area was included within a larger area that was reco;nmended for reclassification from the State Land Use Conservation District to the State Land Use Urban district during the State's Five-Yeaz Boundary Review in 1992. 395. Pursuant to Section 15-15-] 8, HAR, in determining the boundaries for the urban district, the Commission is directed to use the following standards: (1) It shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. The Petition Area is approximately 3 miles from the major commercial and urban center of West Hawaii, Kailua-Kona, and approximately 3.5 miles south of the Kona International Airport at Keahole. It is contiguous to an existing concentration of urban uses, r including streets and other urban levels of infrastructure. A00-730 IsniM1au Properties, LLC (Hawaii) 68 ' (2) It shall take into consideration the following specific factors: • Proximity to centers of trading and employment except where the development would generate new centers of trading and employment. • Availability of basic services such as schools, parks, x~astewater systems, solid waste disposal, drainage, water, transportation systems, public utilities and police and fire protection. • Suj~cient reserve areas for foreseeable urban growth. The Petition Area is adjacent to the Kaloko Industrial Park to the north and the Honokohau industrial developments to the south. Approximately 232 acres within the Petition Area are already in or approved for urban quarry and quarry-related uses. All basic public services are available to the Petition Area: t (3) ]i shall include lands with satisfactory topography, drainage and reasonably free from the danger of any flood, tsunami, unstable soil condition and other adverse environmental effects. The topography and drainage of the Petition Area aze satisfactory and the azea is reasonably free from flooding, tsunami hazards, unstable soil conditions and other adverse envirorunental factors. (4) Land contiguous x~ith existing urban areas shall be given more consideration that non-contiguous lands and particularly when indicated for future urban use on state or county general plans. The Petition Area is contiguous to existing urban areas and is indicated for future urban use in the Hawaii County General Plan, the West Hax~ai'i Regional Plan of the Office of Planning, and the County of Haw~ai'i's Keahole-to-Kailua Development Plan. A00-730 Lanihau Propenics, LLC (Hawaii) 69 (5) It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban grox~th as shown on the state and county general plans. The reclassification of the Petition Area is consistent v<~th State and County ]and use plans, including the Hawaii County General Plan. (6) It may include lands which do not conform to the standards in paragraphs (1) to (5): When surrounded by or adjacent to existing urban development, and only when those lands represent a minor portion of the district. The reclassification of the Petition Area conforms to the standards in paragraphs (1) through (5). (7) It shall not include lands, the urbanization of x~hich will contribute toward scattered spot urban development, necessitating unreasonable investment in public i infrastructure or support services. The Petition Area is contiguous to existing wban districts and reclassification will not result in scattered spot wban development, nor necessitate unreasonable investment in public infrastructwe or support services. (8) It may include lands with a general slope of twenty percent or more in the commission finds that those lands are desirable and suitable for urban purposes and that the design and construction controls, as adopted by any federal, state or county agency, are adequate to protect the public health, welfare and safety, and the public's interests in the aesthetic quality of the landscape. The Petition Area extends mauka from Queen Ka'ahumanu Highway in a moderate slope, between 5 to 8 percent, with elevation rising from approximately 40 to I A00-730 Lanihau Propcrties, LLC (Hawaii) _ ~ 70 ~ approximately 320 feet above sea level. Hawai i State Plan 396. The aspects of the plan most pertinent to the proposed classification aze the following: §226-10 Objective and policies for the economy -potential growth activities. (a) Planning for the State's economy with regazd to potential gowth activities shall be directed towards achievement of the objective of development and expansion of potential growth activities that serve to increase and diversify Hawai'i's economic base. To achieve the potential growth activity objective, it shall be the policy of this State to (among other actions): (1) Facilitate investment and employment in economic activities that have the potential for growth such as diversified agriculture, aquaculture, apparel and textile manufacturing, film and television production, and energy and ' marine-related industries. (2) Expand Hawai'i's capacity to attract and service international programs and activities that generate employment for Hawai'i's people. (5) Promote Hawai'i's geographic, em~ironmental, social, and technological advantages to attract new economic activities into the State. (6) Provide public incentives and encourage private initiative to attract new industries that best support Hawai'i's social, economic, physical, and environmental objectives. (11) Increase research and development of businesses and services in the telecommunications and information industries. In regazd to the above, Project development is anticipated to have the following results: • The development phase of the Kaloko-Honokohau Business Park is expected to generate nearly 174,683 "worker years" of direct employment A00.730 Lanihao Progenies, LLC (Hawaii) - 7~ resulting in an estimated $5.2 billion in total wages; with indirect impacts of more than twice this amount with revenue flow through West Hawaii; • The operating businesses of the Project will generate 6,915 permanent jobs on-site and an additiona13,357 off-site with total annual wages of $298.75 million; • The proposed classification is consistent v,Zth the goals objectives and policies of the Hawaii State Plan calling for continued expansion and diversification of economic activities and opportunities; and • The proposed industrial and commercial activities would support the stability of existing economic sectors and also provide a good location and setting for support businesses for the bwgeoning sectors such as telecommunications and ocean-related technology. §226-] 1 Objectives and policies for the physical environment -land-based, shoreline, and marine resources. Planning for the State's physical environment writh regazd to land-based, shoreline, and mazine resources shall be directed towazds achievement of prudent use of Hawai'i's land-based, shoreline, and marine resowces and effective protection of Hawai'i's unique and fragile environmental rescurces. To achieve the land-based, shoreline, and marine resowce objectives, it shall be the policy of the State to: (1) Exercise an overall conservation ethic in the use of Hawai is natwal resources. (2) Ensure compatibility between ]and-based and vti~ater-based activities and natwal resources and ecological systems. (3) Take into account the physical attributes of areas when planning and designing activities and facilities. A00-7J0 Lanihau Propcnies, LLC (Hawaii) 72 ' (4) Manage natural resources and environs to encourage their beneficial and multiple use without generating costly or irrepazable environmental damage. (5) Consider multiple uses in watershed azeas, provided such uses do not detrimentally affect water quality and recharge functions. (6) Encourage the protection of rare or endangered plant and animal species and habitats native to Hawaii. (7) Provide public incentives that encourage private actions to protect significant natural resources from degradation or unnecessary depletion. (8) Pursue compatible relationships among activities, facilities, and natural resources. (9) Promote increased accessibility and prudent use of inland and shoreline areas for public recreational, educational, and scientific purposes. In regazd to the above, Project development is anticipated to have the following results: ' • Mitigation of impacts to the quality of groundwater and marine waters affecting the natural and cultural resources of KAHO through conditions of approval imposed herein; • The provision of an open-space buffer established by KAHO between the highway and the sea; and • No loss of pristine landscape because the area has a long history of quarrying and related industrial activities. §226-12 Objectives and policies for the ph~~sical environment -scenic, natural beauty, and historic resources. Planning for the State's physical environment shall be directed towazds achievement of the objective of enhancement of Hawai'i's scenic assets, natural beauty, and multi-cultural historic resources. To achieve the scenic, natural beauty, and historic ' resources objective, it shall be the policy of the State to: A00430 Lanihau Propc~its, LLC (Hawaii) _ 73 (I) Promote the preservation and restoration of significant natural and historic resources. (2) Provide incentives to maintain and enhance historic, cultural, and scenic amenities. (3) Promote the preservation of views and vistas to enhance the visual and aesthetic enjoyment of mountains, ocean, scenic landscapes, and other natural features. (4) Protect those special azeas, structures, and elements that aze an integral and functional part of Hawai'i's ethnic and cultural heritage. (5) Encourage the design of developments and activities that complement the natural beauty of the islands. In regard to the above, Project development is anticipated to have the following results: • Architectural design criteria for the Project will minimize adverse visual impacts and address aspects of building design including profiles, materials, color, surface treatment, reflectivity, lighting, sign standards and landscaping; • Proposed landscaping will provide a buffer that mitigates the "industrial" look and does not conflict with views from KAHO of the scenic summit and upper slopes of Hualalai; and • All burials and all historic sites that have been determined to be significant for preservation will be preserved. § 226-13 Objectives and policies for the physical environment -land, air and water quality. Planning for the State's physical envirorunent with respect to land, air, and water quality shall be directed towards maintenance and pursuit of improved quality in Hawai'i's land, air, and water resources, and greater public awazeness and appreciation of Hawai'i's A00-730 Lanihau Progenies, LLC (Hawaii) 74 ~ envirortmental resources. To achieve the land, air, and water quality objectives, it shall be the policy of this State to: (1) Promote the proper management of Hawai'i's ]and and water resowces. (2) Promote effective measures to achieve desired quality in Hawai'i's surface, ground, and coastal waters. (3) Encowage actions to maintain or improve awal and air quality levels to enhance the health and well-being of Hawai'i's people. (4) Reduce the threat to life and property from erosion, flooding, tsunami, hurricanes, earthquakes, volcanic eruptions, and other natwal or man- induced hazards and disasters. (5) Encowage design and construction practices that enhance the physical qualities of Hawai'i's communities. (6) Encowage wban developments in close proximity to existing services and facilities. ' (7) Foster recognition of the importance of and value of the land, air, and water resowces to Hawai'i's people, their cultures and visitors. In regard to the above, Project development is anticipated to have the following results: Water quality effects that will be limited to levels that do not cause any substantial adverse impacts through implementation of Best Management Practices and eventual connection to the Kealakehe WWTP or other facilities that provide advanced wastewater Ueatment. Hawai i CZM Program 397. Hawai'i's CZM Program, established pwsuant to Chapter 205A, HRS, as amended, provides for the beneficial use, protection and development of the State's coastal zone. The objectives and policies of the CZM Program encompass broad concerns such as impact on recreational resources, Historic and archaeological resources, coastal scenic resources and open space, coastal ecosystems, coastal hazards, and the management of development. The Project; A00-730 Laniftau Properties, LLC (Hawaii) ~ 75 taking into consideration the conditions of approval imposed herein is consistent with the following applicable CZM objectives and policies: • Historic Resources: Historic resources of significance will be protected and preserved under a plan approved by the SHPD. • Scenic and Open Space Resources: Although coastal open space is not in any way impacted by the Project, any development in the area has the potential to impact views of and from the coastline. The Project includes design elements that ensure minimal interference with such views. • Coastal Ecosystems: Coastal ecosystems in the area are dependent upori the preservation of water quality in groundwater, anchialine ponds and marine waters. Hydrological modeling indicates that water quality alterations would not adversely impact the biota if mitigation measures aze properly implemented and enforced. • Coastal Economic Uses: Coastal economic uses would not be affected by the Project. • Coastal Hazards: Coastal hazards would not be affected by the Project. • Managing Development: Managing development is accomplished through the review procedures that accompany a Petition to Amend a Land Use District Boundary. Given the substantial commitment to mitigation measures, the proposed reclassification would not substantially impact these coastal zone resources and appears to be consistent with the objectives of the CZM Program. Hawai i County General Plan 398. The proposed reclassification is consistent with the goals, objectives and / policies of the Hawaii County General Plan, The Petition Area is served by existing A00-730 Lanihau Ropcrfircs, LLC (Hawaii) 76 I infrastructure and located along a major thoroughfare. The improved economic opportunities would be compatible with the County's natural and social environment and would help diversify the County's economy by strengthening existing industries and attracting new endeavors. 399. In terms of the goals, objectives and policies related to protecting the environment, pollution prevention, and scenic and historical resources, new developments have been occurring in environmentally sensitive areas due to the limited supply of land suitable for development. 400. Water quality effects can be limited to levels that do not cause adverse impacts to KAHO through implementation of BMPs and eventual connection to the Kealakehe WTTP. Given this, direct and indirect effects to biological resources would be negligible. 401. Historic resources will be protected through following the ' recommendation of the archaeological inventory survey, and ensuring that known burials and al] historic sites that have been determined to be significant for preservation are preserved. Given this context, the proposed reclassification is consistent v`~th the Hax~ai'i County General Plan's goals of preserving and protecting these resources. 402. The azea is mauka of Queen Ka'ahumanu Highway, with KAHO providing anopen-space buffer bet•.veen the highway and the sea. The azea is between two other commercial-industrial areas and does not represent an intrusion of a developed azea into pristine landscape, because the arez has a long history of quarrying and related industrial activity. It takes advantage of existing and proposed road, water and sewage facilities. Proposed design and landscaping would provide an attractive roadway frontage with a landscaped buffer that mitigates the "industrial" look and does not conflict with views from the National Park of the scenic summit and upper slopes of Hualalai. A00-730 Laniheu Propcnies, LLC (Hawaii) 77 Hawai i County General Plan Land Use Pattern Allocation Guide ("LUPAG") 403. The LUPAG map component of the General Plan is a graphic representation of the Plan's goals, policies and standazds as well as of the physical relationship between land uses. 404. The Petition Area has been designated as Industrial and Urban Expansion by the LUPAG map. These designations aze described by the General Plan as follows: • Industrial Area -These azeas include uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. • Urban Expansion -Allows for a mix of high density, medium density, low density, industrial and/or open designations in azeas where new settlement patterns may be desirable, but where the specific settlement pariern and mix of uses have not been determined. The Project is consistent with these land use designations. Project Phasing 405. The Project is proposed to be developed in three phases. All phases aze anticipated to be commenced, and completion of certain phases is expected to occur within ten (10) years of the issuance of this order. Phases 1 and 2 are expected to be completed by 2012, and Phase 3 is expected to commence in 2011. CONCLUSIONS OF LAW 1. The Commission finds upon the clear preponderance of the evidence that the reclassification of the Property, consisting of approximately 336.984 acres situated at Honokohau, North Kona, Island and State of Hawaii, identified as Tax Map Key r No: 7-4-8:13 (por.) and 30, from the Conservation District to the Urban District, upon the A00.730 lanihau Properties, LLC (Hawaii). 78 ' conditions set forth in this Decision and Order, is reasonable, conforms to the standazds for establishing the Urban District boundaries, is not violative of section 205-2, HRS, is consistent with the Hawaii State Plan as set forth in Chapter 226, HRS, the Coastal Zone Management Program, as set forth in Chapter 205A, HRS, and the policies and criteria established pwsuant to section 205-17, HRS, and conforms to Chapter 15-15, HAR. 2. Article XII, Section 7 of the Hawaii Constitution requires the Commission to protect native Hawaiian traditional and customary rights: The State reaffirms and shall protect all rights, customazily and traditionally exercised for subsistence, cultwal and religious purposes and possessed by ahupua'a tenants wfio aze descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778,.subject to the right of the State to regulate such rights. ' 3. The State's power to regulate the exercise of customarily and traditionally exercised native Hawaiian rights allows the State to permit development that interferes with such rights if the preservation and protection of such rights would result in actual harm to the recognized interests of others. Nevertheless, the State is obligated to protect the reasonable exercise of customarily and traditionally exercised rights of native Hawaiians to the extent feasible. Public Access Shoreline Iiawai'i v. Hawaii County Planning Commission, 79 Hawai i 425, 450, n. 43, 903 P.2d 1246 (1995). 4. Native Hawaiian rights protected by the Hawaii Constitution that aze practiced within KAHO include pole, spear and net fishing; gathering of limu, wana, opihi, and octopus; gathering the opae'ula in anchialine pools for bait and chwn for offshore fishing; religious ceremonies, including pikai ceremonies using nearshore waters. 5. The ancient f shponds and anchialine pools within the National Park are valued and important natwal and cultural resources. A00-730 Lanihau Properties, LLC (Hawaii) 79 6. The endangered, endemic birds and the threatened and endangered sea turtles within the Pazk aze valued and important natural resources. 7. The aforesaid native Hav.~aiian rights and natural and cultural resources would be damaged or destroyed by the pollution of groundwater that reaches the Park from surrounding areas, including Petitioner's Project on the Petition Area. Appropriate mitigation measures are, therefore, required under the Hawaii Constitution and the Commission's decision- making criteria in order to approve reclassification of the Petition Area. DECISION AND ORDER IT IS HEREBY ORDERED that the Property being the subject of Docket No. A00-730, filed by Petitioner, Lanihau Properties, LLC, consisting of approximately 336.984 acres of ]and in the State Land Use Conservation District at Honokohau, North Kona, Island of Hawaii, County of Hawaii, State of Hawaii, identified as Tax Map Key No. 7-4-8: 13 (por.) and 30, is hereby reclassified into the State Land Use Urban District, and the State ]and use district boundaries aze amended accordingly, subject to the conditions of approval set forth herein. This Commission is acutely aware that continuous development is planned for this coastline. Although each developer might claim that only a "small amount" of pollution will result from their development and that the azea's ecosystem will show "little" effects, these developments and their impacts aze cumulative and, absent strong mitigation measures, have the potential to devastate the fragile resources of the coastal and marine aquatic environments of the entire Kona coastal region. Absent adequate, effective and enforceable conditions of approval, including removal of wastewater nutrients and surface runoff contaminants, Petitioner's Project has the A00-730 Lanihau Progenies, LLC (Hawaii) 60 ~ potential to cause unacceptable adverse impacts to coastal resources, particularly the natural and cultural resources of the adjacent Park and the traditional and customary native Hawaiian practices that depend on the sensitive nature of such resources. Based upon the findings of fact and conclusions of laws stated herein, it is hereby determined that the customary and traditional native Hawaiian practices, the cultural resources, and the important natural systems and habitats of the Pazk that have been identified herein shall be adequately protected by the conditions of this decision and order. • To protect the exercise of customary and traditional native practices; to protect the historical and cultural resources of the coastal area including KAHO; to ensure the health and preservation of the natural systems and habitats of KAHO, including the endangered, threatened , and endemic species and their habitat, the reclassification of the Property shall be subject to the ' following conditions: Wastewater la. The Petition Area shall be developed ~~th dry sevti~er lines for eventual connection to the Kealakehe WWTP. lb. The Petition Area shall be required to connect to the WWTP, when such connection is available. The Petitioner, its successors, and assigns, shall collaborate with the County of Hawaii to include the Petition Area within an improvement district, if one is developed, to fund the connection to the WWTP. The Petitioner or individual lot ov`mers within the Petition Area shall pay for their fair shaze of the cost to fund such connection to the WWTP, whether or not an improvement district is established. ] c. Except for the existing quarry operations and the construction of the roads ' and utilities as provided for below, the Petitioner and/or any future owners(s) of the Petition Area A00-730 Lanihau Properties, LLC (Hawaii) 81 shall refrain from constructing upon or occupying any portion of the Petition Area until such time as the portion (e.g., lot) to be constructed upon or occupied is connected to the WWTP, unless in the interim, the portion to be constructed upon or occupied has installed a septic tank ' system or other Individual Wastewater System (IWS) designed to remove no less than 60% Total Nitrogen from the treatment system (e.g., septic tank with FAST, Biofilter, Recirculation Filters, Sequential Batch Reactor, or comparable technology) and an absorption field of import material which is constructed in a manner to achieve no less than 80% reduction of nitrogen and 90% reduction in phosphorous; featuring adequate percolation rate. The existing quarry operation shall have in place an IWS as described above within one yeaz of the date of issuance of boundary reclassification. Installation is subject to conditions of approval imposed by the Director of the Hawaii State Department of Health and Hawaii Administrative Rules (HAR) Title 1 I Chapter 62. When connection to the WWTP becomes available, all portions of the Petition Area, including all individual lots therein, shall connect to the WWTP, whether or not an interim wastewater treatment system has been installed. ld. Utilization of the IWS described above in Condition lc shall be limited to no more than 40 lots to be developed in the Petition Area. le. The owner of the I\VS shall certify with the Hawaii State Department of Health that the IWS shall be operated and maintained in accordance with all of the provisions of the operation and maintenance manual developed pursuant to HAR 11-62. The certification shall include that upon the sale or transfer of ownership of the IWS, the sale or transfer will include the appropriate transfer documents and provisions binding the new owner to the operation and maintenance manual. If. Petitioner and/or each individual lot owner(s) shall develop and participate in a Wastewater Treatment System Maintenance Agreement, before constructing upon or A00-730 Lanihau Properties, LLC (Hawaii) - 82 ' occupying any portion of the Petition Area, that shall provide for safe and effective operation and maintenance of the treatment unit(s), whether shared or individual, and/or the temporary sewage line. The Maintenance Agreement shall require a contract with a wastewater professional to regularly inspect, maintain and certify that the IWS unit(s) installed in the Petition Area are operating correctly. Necessary repairs shall be performed promptly and record of repairs shall be kept. This requirement shall be included in the conditions of sale of any lot and/or pazcel in the Petition Area. 1 g. Should the NPS elect to pursue installation of a temporazy sewage line to the WWTP for the KAHO Visitor Center construction project, the Petitioner may elect, subject to prior authorization by the NPS, to dispose of wastewater from not more than 20 lots in the Petition Area, via such temporary line to the WWTP. In no event shall the temporary sewage ` connection be in place and utilized for longer than five (5) years from the date of completion of construction of such temporary line except at the sole discretion of the NPS. The Petitioner shall pay its fair share cost to fund such temporary connection to the WWTP, as determined by the NPS, the Petitioner and the County of Hawaii. When connection to the W WTP becomes available through permanent sewer lines, all portions of the Petition Area, including all individual lots that may have been connected to the above described temporary sewage line, shall connect to the WWTP through permanent lines, whether or not one or more lots were connected via the temporary sewage line. Connection of not more than twenty (20) lots to the WWTP via such temporary sewage line does not release any other individual lots within the Petition Area from compliance with any other condition(s) of this decision and order. Storm water and Surface Water Run-off 1 2a. To the extent possible, all storm and surface water runoff shall be captured on the premises. To the extent possible, all runoff entering the ground shall be first treated to AOOJ30 Lanihau Propcnies, LLC (Hawaii) - 83 remove all industrial waste so that no industrial pollutants will reach KAHO or enter the water table. Petitioner shall be subject to and prepare covenants, conditions, and restrictions for the Petition Area and each lot into which the Petition Area may be subdivided, to contain spills and prevent materials associated v`~ith industrial uses attributable to the operations of the Property, including petroleum products, chemicals, or other pollutants from leaching or draining into the ground or subsurface storm drain collection areas. Said covenants shall be subject to the approval of the DOH, upon consultation with the NPS, and the County of Hawaii. The Petitioner and/or tenant shall obtain all required permits and construct required improvements for storm water dischazge on and from the Property. These conditions shall include the following: 2b. Prior to the occupancy of any part of the Petition Area, the Petitioner shall engineer, construct (or require to be constructed) and maintain surface water/storm water containment systems that ensure no Federal, State, or County water quality standazds will be violated. The foregoing is not applicable to uses permissible under the existing quarry permit. 2c. No injection well shall be constructed as an element of a surface water/stone water containment system in the Petition Area unless, prior to the start of any construction, appropriate requirements of HAR Chapter ] 1-23 aze satisfied and the Hawaii State Department of Health issues an U1C (Underground Injection Control) permit. Contaminants shall be monitored and removed with best efforts prior to entering injection wells. Monitoring protocols for injection wells shall be established in the Pollution Prevention Plan, pursuant to Condition 3b. All monitoring records shall be maintained and made available to the DOH, the County and the NPS, upon request. 2d. If a large void, such as a lava tube or solution cavity, is encountered during drilling, where the drill rod drops more than three feet, measures shall be taken to prevent migration of the injected fluids to KAHO to the satisfaction of the Hawaii State Department of A00-730 Lanihau Propenics, LLC (Hawaii) 6~ 1 Health as described in HAR §I1-23-09(f). 2e. All injection wells established in the Petition Area shall be operated in such a manner that they do not violate any of the DOH's administrative rules under title 11 HAR, regulating various aspects of v~~ater quality and pollution, and chapters 342-B, 342-D, 342-F, 342-H, 342-J, 342-L, and 342-N, HRS. Relevant HAR include but, aze not ]invited to: i. Chapter 11-20, "Rules Relating to Potable Water Systems"; ii. Chapter 11-62, "Wastewater Systems"; and iii. Chapter 11-55, "Water Pollution Control". 2f. The operator of any injection well or wells in the Petition Area shall keep detailed records of the operation of the well or wells, including, but not limited to, the type and quantity of injected fluids, and the method and rate of injection for each well. Such records will be available for inspection or review by the Hav~~ai'i State Department of Health as specified ' under appropriate sections of HAR Chapter 11-28. 2g. Any person who violates any of these conditions shall be subject to penalties as prescribed in appropriate chapters of HRS and HAR as they relate to (but aze not limited to): Potable Water Systems; Wastewater Systems; Water Pollution Control; Safe Drinking Water; and Underground Injection Control. 2h. The Petitioner, successors and/or individual lot owners in the Petition Area shall ensure that al] drainage injection wells or subsurface drainage structures aze designed with an appropriate size debris catch basin to allow the detention and periodic removal of rubbish and sediments deposited by runor'1: Storm water runoff shall first enter the debris catch basin before flowing into the drainage well. The debris catch basin shall be periodically inspected anal cleaned accordingly. Oil/water separators shall be utilized where petroleum I products are used. A00-730 l.anihau Properties, LLC (Hawaii) 85 2i. The Petitioner shall establish an owners' association with the power to oversee and report violations as a second line of defense against pollution violations. Pollution Prevention 3a. Petitioner currently operates a quarry in a portion of the Petition Area. Any further public or private industrial development within the Petition Area which could be considered a new source of pollution or an increased source of pollution shall, in its initial project design and subsequent construction, provide the highest and best degree of waste treatment practicable under existing technology. 3b. Except for the existing quarry operation and the construction of roads and utilities, before constructing upon or occupying any portion of the Petition Area, a Pollution Prevention Plan (PPP), afrer consultation with the NPS, shall be developed that addresses each of the types of uses permissible in the Petition Area, by specifically designating Best Management Practices (BMPs) tailored to each specific use. Emphasis shall be given to structural BMPs to prevent any and all pollutants that may be associated with such industries from being released into the environment, including reaching the groundwater. Structural BMPs shall include, but shall not be limited to, oil/water sepazators, detention ponds, lined containment pits, and storm water filtration units designed to contain and remove industrial contamination. The PPP shall include but not be limited to: i. All cleaning, repairs and maintenance of equipment involving the use of industrial liquids, such as gasoline, diesel, solvent, motor oil, hydraulic oil, geaz oil, brake fluid, acidic or caustic liquids, antifreeze, detergents, degreasers, etc. shall be conducted on a concrete floor, whether roofed or unroofed. The concrete floor shall be constructed to contain any drip or spills and to provide for the recovery of any spilled liquid. Water drainage from these concrete floors if necessazy, shall pass through a separator sump before being discharged. The PPP may identify exceptions to this rule under specific circumstances, provided that A00-730 Lsnihau Progenies, LLC (Hawaii) 86 adequate alternative BMPs (structural or otherwise) aze identified and utilized for containment. ' ii. Any containers used for storage of used oil or other industrial liquids shall be kept on a concrete surface. The surface shall be bermed to prevent the loss of liquid in the event of spills or leaks. The containers shall be sealed and kept under shelter from the rain. (The Department of Labor and Industrial Relations' Occupational Safety and Health regulations, sections titled, "Housekeeping Standards" and "Storage of Flammable or Combustible Liquids," shall be followed along with the local fire code.) iii. All employees shall be informed to immediately collect and contain any industrial liquid spills on the concrete floor and should be informed against discharging or spilling any industrial liquids. Employees shall be awaze to prevent any industrial spill onto the baze ground. In the event that the Petitioner and the NPS cannot agree upon a mutually acceptable final PPP within 12 months of the date of issuance of the boundary reclassification, the Commission shall review the drafr PPP, along with written comments from ' Petitioner, the NPS and the other parties, and shall issue a final PPP. In no event shall the Petitioner and/or individual lot owner(s) construct upon or occupy any portion of the Petition Area until such time as the final PPP is complete. The final PPP shall be recorded and shall run with the ]and within the Petition Area in the same manner as all conditions of approval imposed by the Commission. In the event that a specific use is proposed for the Petition Area that is not specifically addressed in the final PPP, the Petitioner and/or the individual lot owner(s) proposing such use shall consult with the NPS to establish a set of BMPs appropriate for such proposed use and consistent with the goal of preventing any and all pollutants from being released into the environment. 3c. The Petitioner, its successors or individual lot owners shall provide signage for all drainage/injection wells in the Petition Area with warnings such as the following: ' DUMP NO WASTES. GOES TO GROUNDWATER AND OCEAN. HELP PROTECT A00-730 Lanihau Properties, LLC (Hawaii) 87 HAWAI'I'S ENVIRONMENT. Signage shall be either stand-up (legible from at least 30 feet, r permanently posted at an effective and safe height) or painted on the ground next to the drainage well's inlet. 3d. For parking azeas, BMPs will be established as covenants running with the ]and, which emphasize pollution prevention rather than treatment. All large vehicles such as buses, trucks or construction equipment shall utilize drip pans to avoid release of petroleum onto paved or graveled surfaces or, in the alternative, all parking azeas for large vehicles shall include grassed or vegetative swales to capture drainage from such parking areas. Areas used primarily for automobile pazking shall be periodically checked and cleaned to avoid build up of oil or other automotive fluids. Protocol for cleaning parking areas shall be established in the Pollution Prevention Plan, pursuant to Condition 3b. Maintenance work other than emergency work on vehicles will be banned in parking areas. 1 3e. Where site geometry permits, the Petitioner, its successors or individual lot owners shall design and construct (or require to be constructed) landscaped azeas, including grassed or vegetative swales to capture storm water drainage from al] perimeter lots, facilities, and parking areas of the Petition Area. For all vegetative swales, Petitioner and/or individual lot owners may apply only the minimum required nutrients (fertilizer) to maintain the vegetation without causing significant nutrient runoff, and the water used for imgation purposes shall not exceed the amoiutt necessary to maintain the vegetation. 3f. Owner or operator covenants developed for the Petition Area shall expressly disclose to all future individual lot owner(s) the existence of the National Park System Resource Protection Act, 16 U.S.C. Sections 19jj-19jj-4, and the consequences of violation of such act. In particular, future land owners shall be made aware that any person who destroys, r causes the loss of, or injures any park system resource is liable to the United States for response A00-730 i.aniheu Progenies, LI,C (Hawaii) $8 costs and damages resulting from such destruction, loss or injury. 3g. In performing the requirements of this Condition 3, the Petitioner shall consider and, to the extent practical, incorporate the information and ideas brought forth in the regional (Kaloko-Honokohau) pollution prevention forum convened by the Commission on November 4, 2002. The information and ideas at the forum included: pollution prevention planning; best available control technologies (BACT); structural and operation BMPs addressed to the type of uses permissible in an industrial pazk, and formulas for determining fair share and reasonable pro-rata share costs relating to any groundwater monitoring program. Groundwater Quality Monitoring 4. The Petitioner shall contribute its fair and reasonable pro-rata shaze of costs relating to a groundwater monitoring program of USGS Wells 4161-01, 4161-02 and 4061- 01, Aimakapa Pond, Kaloko Pond and two (2) other anchialine ponds of KAHO as identified by the NPS. Monitoring would continue once every six months for 10 yeazs from initial occupancy, or until such time as sewer lines and hookup to the WWTP is implemented provided further that if conditions of approval in Docket Nos. A89-643 and A00-732 are amended to require a longer monitoring period or the Petitioners in those dockets otherwise agree to a longer monitoring period, the Petitioner shall be required to participate in the monitoring program for the extended period. Constituents to be monitored shall be of a full suite of nutrients (including nitrogen and phosphate), contaminants (including metals, phenolic compounds, pesticides and pesticide breakdown products, chlorinated solvents, BTEX compounds, selected pharmaceutical endocrine disruptive compounds, such as ethinyl estradiol, and nonylphenol), and standard water quality parameters (including pH, temperature, dissolved oxygenates, and salinity). The fair and reasonable pro-rata share of costs will be determined by the Commission and in conjunction with the findings generated at the regional pollution prevention forum discussed above. A00-730 Lanihau Properties, LLC (Hawaii) 89 Prohibited Uses 5. The Petitioner, its successors and assigns are prohibited from engaging in or allowing the following uses in the Petition Area: heliports, bulk storage of flammable and/or explosive materials (tank farms), landfills for dumping or disposal of refuse or waste matter (except for green waste/composting facilities), fertilizer manufacturing plants, junkyards, public dumps, saw mills, refining of petroleum products, slaughterhouses, commercial pesticide and/or extermination facilities, and power plants. Transportation 6a. With respect to the Petition Area, the Petitioner shall contribute its fair shaze and reasonable pro-rata funding and construction of regional transportation improvements and programs to the satisfaction of the State Department of Transportation. 6b. The Petitioner shall participate and collaborate with the County of Haw~ai'i Department of Public Works and other affected agencies in the development of county feeder streets within the Petition Area. 6c. Petitioner shall participate in the fair and reasonable pro-rata funding and construction of any such roadways from its northern boundary to the southern boundazy in accordance with the roadway requirements of the County ofHawai'i. 6d. The Petitioner shall participate and collaborate in a regional transportation planning committee to be established by the County of Hawaii. Participants in this regional transportation planning committee shall include, but not be limited to, representatives from the State Department of Transportation, County of Hawaii Planning Department and individuals or entities with a property or development interest within the region. i A00-730 Lanihau Propcnia, LLC (Hawaii) 90 Financial Contribution Plan I 7. The Petitioner shall coordinate with affected State or County agencies the development of a financial plan for satisfying any financial contributions or requirements associated with this Project. Al] such plans may provide for an annual fair share incremental payment to the affected agency by the Petitioner out of the development revenues or otherwise. The affected State or County agency may establish a dedicated escrow account for the deposit and utilization of the financial contribution from Petitioner to facilitate this plan. Affordable Housing 8. The Petitioner shall submit a housing needs assessment and implementation plan to the Commission and appropriate County housing agency for their review and approval within six months of the issuance of this decision and order and comply with the ' County of Havvai'i affordable housing policy. The housing needs assessment shall be based on an analysis of the jobs generated by the Project, the projected number of qualified households which may be entitled to housing assistance as specified by the County of Hawaii, the number and availability of affordable housing units and rentals in the West Havvai'i azea (both planned and built), the projected number of employees from the development who might be expected to commute from East Hawaii, the number of owner occupants (within the Petition Area) who reside in the West Hawaii area and the number of emplo}~ees who might already reside in the West Hawaii area. ArchaeologicallHistorical Sites 9a. The Petitioner shall prepaze a mitigation and preservation plan for review and approval by the Depar[ment of Land and Natural Resources State Historic Preservation i Division, prior to any land alteration activity in the vicinity of the sites. The preservation plan A00.730 Lenihau Propcnict, LLC (Hawaii) 9i shall include the following eight (8) sites recommended for preservation in the Archaeological Inventory Survey: 02; 18081; 18088; 18099; 18116; 18117; 18134; and 18197. 9b. The Petitioner shall coordinate with the State Historic Preservation Division regarding burial treatment plans for all of the burial sites (5 identified within sites 18088, 18116, 18117, 18134, and 18197). Petitioner shall also comply with all applicable statutory provisions and administrative rules regazding inadvertent burial finds within the Property. 9c. The Petitioner shall incorporate, where possible, portions of one mauka- makai ahupua'a trail (site 18099) and portions of the Maznalahoa Trail (02) into the site/project plans for the Project. Additionally, the petroglyph concentrations (site 180181) located immediately east of the Mamalahoa Trail (site 02) will also be preserved.9d. Should any previously unidentified burial, azchaeological or historical sites such as artifacts, marine shell concentrations, chazcoal deposits, stone platforms, pavings or walls be found, the Petitioner, developer(s) and/or landowners of the affected properties shall stop work in the immediate vicinity and the State Historic Preservation Division of the Department of Land and Natural Resources (SHPD) shall be notified immediately. The significance of these finds shall then be determined and zpproved by the SHPD. Subsequent work shall proceed upon an azchaeological cleazance from the SHPD when it finds that mitigative measures have been implemented to its satisfaction. Landscaping 10a. In consultation with the NPS, Petitioner shall develop a landscaping plazt for the Petition Area that must be followed by each subsequent lot owner/tenant. Fisherman ~ knowledgeable of traditional reference points used in locating fishing grounds, and the NPS shall A00.730 Lanfiau Propcnies, LLC (Hawaii) ~ be consulted on the development of building and landscape design guidelines prior to construction to maintain these reference points. In particular, landscaping and other visual design elements at the South Access Road intersection will be designed to render a harmonious connection between the Petition Area and the Pazk. ] Ob. Petitioner, where feasible, shall use indigenous and water conserving plants and incorporate the same into common azea landscape planting. ]Oc. The Amy B.H. Greenwell Botanical Garden, KAHO and other interested parties and educational institutions shall be afforded the opportunity to gather seeds and cuttings of native plants on the Property that cannot be rescued or incorporated into the project's landscaping plan. I Od. The Petitioner shall provide buffer fences buffer strips, with a minimum ~ width of 30 feet, to protect the existing Bidens Micrantha population in or adjacent to the northeast comer of the Petition Area as identified in the Char & Associates survey dated April 2000. ] Oe. To reduce the potential for interactions between nocturnally flying Dark- romped petrels with external lights and man-made structures, exterior lighting within the Petition Area will be shielded. lOf. Landscaping and architectural design criteria shall be developed and implemented to reduce visual impacts of the Project, preserve a feeling of open-space and avoid the look of an industrial corridor. Architectural design criteria shall include limitations and restrictions on building profiles, height and design, exterior color and surface treatment, and exterior lighting and sign standards. A00.730 Lanihau Propcnies, LLC (Hawaii) - - 97 1 Og. A minimum fifty (50) foot landscaping buffer shall be established along Queen Ka'ahumanu Highway. l Oh. The Petitioner shall map the location of the existing Bidens Micrantha located neaz the northeast comer of the Petition Area when the Petition Area's boundaries aze surveyed. A copy of the map shall be provided to DLNR prior to commencement of construction of the Project but, in any event, within one yeaz after the effective date of the issuance of this order. Soil Erosion and Dust Control 11. Petitioner shall implement efficient soil erosion and dust control measures during and after the development process to the satisfaction of the Hawaii State Department of Health. Civil Defense 12. Petitioner, developers and/or landowners of the Property shall add a solar powered siren with 115 Dbc omni directional speaker array, and insure that the siren be installed in a central location funded and constructed according to adequate civil defense measures as determined by the County of Hawaii and State Civil Defense agencies. Solid Waste 13. The Petitioner shall produce a Solid Waste Management Plan, coordinated and approved by the County of Hav`~ai'i, Department of Environmental Management Solid Waste Division, to divert construction waste and operational waste for alternative uses rather than sending all refuse products to the County's landfills. The plan shall address and encourage an awareness of the need to divert the maximum amount of waste material caused by developments r away from the County's landfills. A00-770 Laniheu Properties, LLC (Hawaii) ~ ~ ' Standard Conditions 14. Petitioner shall develop the Petition Area in full compliance with all material representations made by the Petitioner to the Commission. Failure to do so for any reason including but not limited to economic feasibility, may result in the imposition of fines as provided by law for each and every separate violation, reversion of the Petition Area to its former condition by Petitioner at Petitioner's own expense, reversion of the Petition Area to its former classification or a change to a more appropriate classification and/or any legal remedies, including but not limited to suit for actual and punitive damages under Federal or State law or suit for injunctive relief that requires the Petitioner to restore the Petition Area to its former condition. 15. Petitioner shall give notice to the Commission of any intent to sell, lease, f assign, place in trust, or otherwise voluntarily alter the ownership interests in the Petition Area, prior to or during development of the Petition Area. 16. Petitioner shall timely provide without any prior notice, annual reports to the Commission, the Office of Planning, and the County of Hawaii Planning Department in connection with the status of the subject project and Petitioner's progress in complying with the conditions imposed herein. The annual report shall be submitted in a form prescribed by the Executive Officer of the Commission. 17. The Commission may fully or partially release the conditions provided herein as to all or any portion of the Petition Area upon timely motion and upon the provision of adequate assurance of satisfaction of these conditions by the Petitioner. 18. Within 7 days of the issuance of the Commission's Decision and Order for ' the subject reclassification, Petitioner shall (a) record with the Bureau of Conveyances a A00-7J0 Lanihau Properties, LI.C (Hawaii) 95 statement that the Petition Area is subject to conditions imposed by the Land Use Commission in the reclassification of the Petition Area, and (b) shall file such copy of such recorded statement with the Commission. Petitioner shall record the conditions imposed by the Commission ~i~th the Bureau of Conveyances pursuant to Section 15-15-92 Hawaii AdminisVative rules. Al] such conditions shall run with the land. A00-730 Lanihau Properties, LLC (Hawaii) % ADOPTION OF ORDER The undersigned Commissioners, being fazniliaz with the record and proceedings, hereby adopt and approve the foregoing ORDER this IS day of September , 2003. This ORDER and its ADOPTION shall take effect upon the date this ORDER is certified and filed by this Commission. Done at Honolulu, Hawaii, this 26 day of september , 2003, per motion on September 18 , 2003. LAND USE COMMISSION STATE OF HAWAII By LAWRENCE N.C. ING Chairpers an Commis oner B ~ Y P. ROY C ALANI Vice-Chairperson and Commissioner By B .C A ~nissioner By IN ESAI Co issioner By assExT ISAAC FIESTA, JR. Commissioner AUO-7J0 Lanihau Properties, LLC (Hawaii) - 97 By STEVEN LEE MONTGOMERY V Commissioner A~NDALL F.~K~MOTO Commissioner BY ~ Y~"~ PETER IMURA Commissioner APPROVED AS TO FORM Filed and effective on , h' September 26 , 2003 iy ~-^~c~? Certified by: Deputy Attorney General Executive Offic 1 A00-7JOLanihau Propcrlics. LLC (Hawaii) - 96 J:/USERS/FREDTM EARGMAPSMAWF"'A00730DANDO.MXD N V1' S p°~o m~ d Kaloko Light d4G Industrial ~d' Park Hina C G i S1~ y. QQ! `tea Kaloko s Fishpond Kaloko -Honokohau App oved National Historical Ares Park ~Aimakapaa Fishpond K ~y u+P.~ .K fl - ~s;= ' . Honokohau ` ~ Small Boat Harbor .I. s e z* A00-730 LANIHAU PROPERTIES, LLC LOCATION MAP ' Tax Map Key: 7-4-08: por. 13 & 30 Map Honokohau 1st & 2nd, North Kona, Hawaii Location Scale: 1" = 2, 000 ft. HAWAII EXHIBIT "A° BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAII In the matter of the Petition ) DOCKET NO. A00-730 of ) CERTIFICATE OF SERVICE LANIHAU PROPERTIES, LLC ) To Amend the Land Use District Boundary ) of Certain Lands situated at Honokohau, ) North Kona, Island of Hawaii, State of ) Hawaii, consisting of approximately ) 336.984 acres, Tax Map Key: 7-4-08: portion ) of 013 and 30, from the Conservation District ) to the Urban District ) CERTIFICATE OF SERVICE I hereby certify that a copy of the Findings of Fact, Conclusions of Law, and Decision and Order for a State Land Use District Boundary Amendment was served upon the following by either hand delivery or depositing the same in the U. S. Postal Service by certified mail: MARY LOU KOBAYASHI DEL. Office of Planning P. O. Box 2359 Honolulu, Hawaii 96804-2359 JOHN CHANG, ESQ. CERT. Deputy Attorney General Hale Auhau 425 Queen SVeet Honolulu, Hawaii 96813 R. BEN TSUKAZAKI, ESQ. CERT. Michael W. Moore, Esq. Tsukazaki Yeh & Moore 85 W. Lanikaula Street Hilo, Hawaii 96720 CHRISTOPHER J. YUEN, DIRECTOR 1 CERT. Planning Department County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 LINCOLN ASHIDA, ESQ. CERT. Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 CERT. GERALDINE BELL STANLEY BOND Kaloko-Honokohau National Historical Park 73-4786 Kanalani Street, Suite 14 Kailua-Kona, Hawaii 96740 DATED: Honolulu, Hawaii, this 26th day of September , 2003. ANTHON . CHING Executive fficer AUO.7J0 lanihau Properties. LLC (Hawaii) ?