HomeMy WebLinkAboutPD BACKGROUND REPORT (SMA 21-079)BIslandNawrelsSMA- 4/12/2021
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
ISLAND NATURALS PROPERTIES, LLC
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION NO. 21-000079
SMA 21-000079)
ISLAND NATURALS PROPERTIES, LLC has submitted an application for a Special
Management Area (SMA) Use Permit to allow construction of an approximately 67,685 square -
foot, retail and office complex on approximately 4.045 -acres of land situated in the Special
Management Area. The subject property is located on the northwestern comer of the intersection
of Mililani Street and Kekaanao`a Avenue, Portion of Waiakea, South Hilo District, Hawai`i,
TMK (3) 2-2-030:017.
PROPOSED USE
1. Applicant's Request: Develop a 67,685 square -foot, retail and office complex in three
detached structures. If phased, the project would be developed in three phases consisting
of:
The first phase will include a 41,657 square foot two-story structure that would
include Island Naturals Store on the first level and an office space on the second
level.
The second phase will include a 2,966 square foot free-standing drive through
restaurant near the Mililani Street/ Kekuanao`a Avenue intersection.
The third and final phase will include a 23,072 square foot two-story structure
consisting of retail space on the first level and an office space on the second level.
Approximately 226 conventional parking stalls are proposed for the project, with eight
8) ADA stalls and six (6) loading zones.
The applicant currently has 70 employees, however prior to the pandemic the applicant
had approximately 100 employees. The applicant believes that with this new site, the
number of employees should approach 100 again. The applicant would like to develop a
one-stop commercial retail and office center, with its store being one of the major
anchors.
While "Offices" are not a permitted use in the site's Resort (V-.75) zoning district,
Business Services" are an allowable use. Therefore, the applicant clarified the proposed
use to create a commercial retail and office center would essentially function as that of a
Business Service" that would provide goods and business services to other businesses
for both residents and visitors.
2. Objectives of the Request: The applicant currently operates its retail and deli business in
the Hilo Shopping Center. Over time, its operations have grown to the point where its
current space is no longer sufficient. Accordingly, having a new facility would enable the
applicant to have a building design that best addresses its overall spatial and functional
needs.
3. Construction Timetable and Cost: Phase I is expected to take approximately 24 months
to complete and will begin immediately upon approval of all required permits and
approvals. The second and third phases will be a function of demand and are anticipated
to be completed by 2026. The cost of the project is estimated to be approximately $10
million.
4. Supportive Information: The applicant has submitted the attached in support of
the request: (Planning Department Exhibit 1 — SMA Use Permit Application
contained in letter from Sidney Fuke dated January 27, 2021)
5. Landowner: Island Naturals Properties LLC
STATE AND COUNTY PLANS
6. State Land Use District: Urban.
7. General Plan Designation: High Density Urban.
8. County Zoning: Resort-Hotel (V-.75) and General Commercial (CG-7.5).
9. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by Resolution
No. 1 on May 21, 1975, identifies the property as Resort-Hotel (V-.75) use.
10. Special Management Area (SMA): The property is situated within the Special
Management Area and is approximately 3,300 feet from the shoreline and 400 feet from
Waiakea Fishpond.
PERMITTING HISTORY OF PROPERTY
11. July 20, 2009: The previous landowner Ho'oluana Place LLC submitted an application
for a Special Management Area Use Permit ("SMA Permit") pursuant to Hawaii Revised
Statutes Section 205A and Rule 9 of the County of Hawai`i Planning Commission Rules
of Practice and Procedure ("Commission Rules") to allow the establishment of a family
entertainment center. The Windward Planning Commission held a public hearing and
voted to approve Hilo Family Entertainment Center's application for SMA Permit
Application No. 09-000033 for the subject property.
12. January 9, 2014: The Windward Planning Commission revoked SMA -09-000033 as the
previous landowner had new plans for the subject property.
13. May 15, 2019: The Planning Department issued an SMA Minor Permit No. 19-001676 to
the current landowner for the excavation and removal of surface soils that have been
contaminated with arsenic as approved within the Final Removal Action (FRA) Report
from the State Department of Health -Hazards Evaluation and Emergency Response
Office (DOH-HEER).
DESCRIPTION OF PROPERTIES AND SURROUNDING AREA
14. Subject Property: The project site consists of one parcel totaling 4.405 acres. The
property is vacant and contains either grass lawn or overgrown vegetation. The property
slopes moderately from an elevation of 11 feet above sea level to 27 feet in the southwest
comer. From approximately the 1930's to 1966 the property was the site of the Flintkote
Company, which manufactured canec wallboard from sugar cane bagasse. The historical
use of the subject property left behind approximately 4,710 cubic yards of "arsenic
impacted" soil which was identified by the State Department of Health Hazard
Evaluation and Emergency Response Office (DOH-HEER) as a hazardous material. In
2019 the applicant completed an Environmental Hazard Management Plan that was
approved by email on July 16, 2019. On September 3, 2020, DOH -FIBER confirmed that
the "arsenic impacted" soil was removed from the subject site. DOH-HEER provided a
No Further Action with Institutional Controls" determination letter on January 5, 2021
which included five conditions for the subject property that the applicant will adhere to.
15. Surrounding Zoning/Land Uses: To the east, across Mililani Street, are single-family
dwellings on land zoned RS -10 and CN -10. South of the project site, across Kekuanao`a
Avenue, are dwellings and industrial businesses such as a fertilizer/farm supply store and
a car dealership, on lands zoned ML -20 and RD -3.75. The Waiakea Villas
condo/apartment complex is located to the north and west on land zoned V-.75 and CG-
7.5. The complex includes commercial and office uses such as a real estate office.
Directly west, on lands zoned CG -7.5 is a credit union, an access road and driveway that
serve the County Department of Water Supply building, and the upper parking lot for the
Waiakea Villas complex.
16. Flood Zone: The FEMA FIRM map identifies the project site to be within Flood Zone X,
which is determined to be outside the 500 -year floodplain.
17. Flora/Fauna Resources: A Survey of Botanical, Avian and Terrestrial Mammalian
Species was conducted in February 2008 by Rana Productions, Ltd. and Geometrician
Associates, LLC for the subject properties. No floral or faunal species listed as
threatened, endangered, or proposed for listing under the federal or state endangered
species statutes were identified on the site. Although not detected during the survey, it is
possible that small numbers of the endangered endemic Hawaiian Petrel and threatened
Newell's Shearwater birds fly over the area between the months of May and November.
To reduce the potential of collision with man-made structures, the survey recommends
the use of shielded external lighting. The use of native plant species for site landscaping
is also recommended.
18. Archaeological, Historic, Cultural Resources: An Archeological Assessment report of
the property, completed by Haun & Associates in February 2008 found no surface
archaeological sites or features. In a letter dated October 31, 2008, the Department of
Land and Natural Resources (DLNR) Historic Preservation Division concurred with the
findings of the report that "no historic properties will be affected" by the proposed
project. A Cultural Impact Assessment report, prepared by T.S. Dye & Colleagues in
April 2008 found no traditional cultural properties at the project site. Additionally, no
cultural practices are being conducted on the subject property.
19. Coastal Resources: There are no coastal ecosystems being affected by the proposed
project as the subject parcel is located approximately 3,300 feet inland from the nearest
shoreline. The proposed improvements do not involve any direct or chemical
modifications to the nearshore environment, nor will it cause the possibility of erosion
and sedimentation seepage into the coastline. There should be no physical disruption of
the existing habitat, and more importantly, no changes that would potentially impact
water quality in the nearshore environment.
20. Recreational Resources: The Waiakea Fishpond which flows into Hilo Bay and
associated 131.9 -acre Wailoa River State Park are located approximately 400 feet from
the subject property. Recreational activities in the park include fishing and picnicking.
There are no significant recreational resources located directly on the subject property
and no access to the shoreline or Waiakea Pond through the property.
21. Scenic and Open Space Resources: Within the general area of the project site is
Waiakea Pond, which flows into Hilo Bay, which are considered significant in the
General Plan for their scenic character in Hawaii County. From a visual resources
perspective, the planned development will change the visual character of the property
from that of a vegetative parcel to being a fully developed parcel with a two-story retail
and office complex with parking areas. This impact, however, will be mitigated by the
building's placement in the westem corner of the property and the inclusion of
landscaping as part of the surrounding parking area and property perimeter. Any views
towards Waiakea Pond and Hilo Bay are blocked by the neighboring Waiakea Villas
apartment/condo complex.
22. Public Access: There is no known public access to the mountains or the shoreline that
traverses the subject property.
23. Traffic: The applicant estimates that the proposed use will generate at least 50 vehicular
movements during the peak hours. Traffic will be spaced from 10:00 am and close 6:00
pm, about 50% of the applicant's employees will begin work at 8:30 am and atleast 75%
of employees will leave before 3:30 pm. To accomodate traffic impacts the applicant is
proposing the following:
Limit access to the property by proposing two "right -in, right -out movement
only" accesses on Kekuanao`a Avenue.
Full -movement access into the property at the Mililani Street access as well the
Hualani Street easement access.
The Department of Public Works (DPW) has recommended that the applicant install a
left -tum lane at the intersection of Kekuanao`a Avenue and Mililani Street or submit a
traffic impact analysis report to justify not needing a left tum lane. The applicant
however believes that traffic impacts to the surrounding properties will be reduced by the
implementation of limiting access to the property by proposing two "right -in, right -out
movement only" accesses on Kekuanao`a Avenue and full access into the project from
the Mililani Street and Hualani Street easement access.
Based on the Topliss versus Planning Commission decision (9 HAW. App. 377, 842 P.2d
648 (1993), the impacts of the proposed development upon the traffic system cannot be a
basis for denial or conditions of a SMA Use Permit application. In reviewing a Special
Management Area Use permit, traffic conditions may be imposed only if the traffic or
roadway conditions are so severe as to cause a problem that affects the issues covered by
the Special Management Area law i.e., blocking public access to the sea, interfering with
tsunami evacuation, etc.
24. Access: Access to the project site is proposed from Kekuanao` a Avenue and Mililani
Street, both County roadways. Kekuanao`a Avenue is a two-lane paved roadway with
paved shoulders and Mililani Street is a two-lane paved roadway with mostly grass
shoulders. The applicant is proposing two right-turn in/right-tum out accesses on
Kekuanao`a Avenue and two full-movement accesses on Mililani Street and Hualani
Street over a recorded easement on TMK: (3) 2-2-030:015, near the credit union
property. According to the Department of Public Works (DPW), Kekuanao`a Avenue is
classified as a secondary arterial within an existing right-of-way width of 60 feet fronting
the subject property. Mililani Street is classified as a collector with an existing right-of-
way width of 40 feet fronting the subject property. Additionally, a 20-foot-wide future
road widening strip along the subject property's Mililani Street frontage was delineated
when the parcel was created.
25. Water: There is a current 6-inch waterline running within Kekuanao`a Avenue and a 6-
inch waterline running within Mililani Steet. At this time the DWS is requesting that the
applicant submit estimated maximum daily water usage calculations to determine the
proposed water usage on the site. Once DWS receives the water usage calculations, the
Department will determine the water commitment deposit amount that the applicant will
need to pay. The proposed use will require the installation of a reduced pressure type
backflow prevention assembly within five (5) feet of the meter on the subject property.
Finally, DWS indicated that the existing 6-inch waterline within Kekuanao`a Avenue and
Mililani Steet is inadequate to provide the required 2,000 gallons per minute flow for fire
protection, as per DWS Water System Standards.
26. Wastewater: The proposed development will connect to the County's 15-inch sewer line
located along Kekuanao`a Avenue. According to the Department of Environmental
Management, connection of existing and/or proposed structures to the public sewer will
be required in accordance with Hawai`i County Code Chapter 21 Section 21-5.
27. Solid Waste: The applicant states that solid waste will be handled through commercial
haulers who will dispose of the refuse at the county landfill in Hilo and eventually at
Pu'uanahulu, North Kona. A Solid Waste Management Plan will be required for the
proposed development, as defined under the policies of the Department of Environmental
Management, Solid Waste Division.
28. Essential Utilities and Services: All essential services are available to the project site.
Hilo Medical Center is the closest hospital facility, located 3.6 miles from the project site
on Waianuenue Avenue in Hilo.
AGENCIES' COMMENTS
29. Department of Public Works - Engineering: (Planning Department Exhibit 2 —
March 19, 2021 Memo).
30. Department of Water Supply (Planning Department Exhibit 3 — March 4, 2021
Memo).
31. Department of Environmental Management (Planning Department Exhibit 4 —
March 2, 2021 Memo).
32. Fire Department (Planning Department Exhibit 5 - February 23, 2021 Memo).
33. Department of Health (Planning Department Exhibit 6 - April 6, 2021 Memo).
34. Office of Planning (Planning Department Exhibit 7 - March 17, 2021 Memo).
35. Department of Land and Natural Resources — Engineering Division (Planning
Department Exhibit 8 - March 9, 2021 Memo).
36. Department of Land and Natural Resources — Division on Forestry and Wildlife
Planning Department Exhibit 9 - March 22, 2021 Memo).
37. Department of Land and Natural Resources — Commission on Water Resource
Management (Planning Department Exhibit 10 - March 15, 2021 Memo).
AGENCIES AND ORGANIZATIONS — NO COMMENT
38. Police Department; Department of Land and Natural Resources — Land Division.
AGENCIES AND ORGANIZATIONS - NO RESPONSE
39. Department of Health — Hazard Evaluation and Emergency Response Office.
APPLICANT'S RESPONSE TO AGENCY COMMENTS
40. Letter dated March 16, 2021 from Sidney Fuke to Planning Department (Planning
Department Exhibit 11).
41. Letter dated March 23, 2021 from Sidney Fuke to Planning Department (Planning
Department Exhibit 12).
42. Letter dated April 5, 2021 from Sidney Fuke to Planning Department (Planning
Department Exhibit 13).
PUBLIC COMMENTS
43. Email dated April 22, 2021 from Charles Sturdavant, Janine Sturdavant, and
Tamara Sturdavant Munroe to Planning Department (Planning Department
Exhibit 14)
Islsnd Natural Properties, LLC
Dept.
Exhibit_i __
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SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION
lakatA
COUNTY OF HAWAII
PLANNING DEPARTMENT
Type or legibly print the requested information)
APPLICANT: Island Naturperties, LLC
APPLICANTS SIGNATURE: 71/ DATE: l/lyl
ADDRESS: 1221 Kilauea Avenue, #170 Hilo, Hawaii
6720
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
Russell Ruderman, Principal and Managing Member_
PHONE:(Bus. 80?5)13C-SSS S (Res.)( 0&)44?-)"11O(Fax)
LANDOWNER(S): Island Natural Properties LLC
LANDOWNER SIGNATURE(S):
DATE: 1//y71(
May be by letter)
LANDOWNER(S) ADDRESS: 1221 Kilauea Avenue, #170 Hilo, Hawaii 96720
REQUEST: Proposed Retail and Office Complex and related improvements
TAX MAP KEY: 2-2-030: 017 ZONING: V-.75
SIZE OF PROPERTY OR AFFECTED AREA(S): 4.045 acres or 191,910
square feet
AGENT: Sidney Fuke, Planning Consultant
DDRESS 100 Pauahi Street. Suite 212 Hilo, HI 9672
TELEPHONE:(Bus.) 969-1522 (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney Fuke COPIES: Island Natural Properties, LLC
THIS SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION SHALL BE
ACCOMPANIED BY THE FOLLOWING:
1. A filing fee of two hundred fifty dollars ($500) with check shall be made payable to
the County Director of Finance.
2. The Original (signed) and twenty (20) copies of the completed application.
3. The Original and twenty (20) copies of the following background information on the
subject request:
A. An EIS, if required, under Chapter 343, HRS, or when required by the
Director may be submitted in lieu of this section.
B. Detailed written description of the proposed project and a statement of
objectives and reasons for the request.
C. Description of the subject property in sufficient detail to precisely locate the
property. Describe existing uses, structures and topography.
D. A statement of the valuation of the proposed use, activity or operation.
E. State/County Plans affecting the subject request: General Plan designation
and Community Development Plans.
F. A written statement discussing the proposed development in relationship to
the objectives and policies as provided by Chapter 205A, HRS, and the
Special Management Area guidelines as contained herein.
G. Surrounding zoning and land uses.
H. Flood Insurance Rate Map (FIRM) designation (contact Department of Public
SPECIAL MANAGEMENT AREA APPLICATION
PROPOSED RETAIL AND OFFICE COMMERCIAL CENTER
ISLAND NATURALS PROPERTIES, LLC
WAIAKEA, SOUTH HILO, HAWAII
TAX MAP KEY: (3) 2-2-030:017
I. INTRODUCTION
Island Naturals Properties, LLC (" applicant") is requesting a Special
Management Area ("SMA") permit to allow the establishment of a retail and
office commercial center on the subject property. The subject property,
consisting of 4.045 acres or 191,910 square feet and identified by TMK: 2-2-
030: 017 ("subject site"), is situated on the northwestern corner of the
intersection of Kekuanaoa Avenue and Mililani Street. (Figures 1 and 2)
If approved, the applicant intends to develop a commercial center ("Center")
which would include its retail and deli establishment (Island Naturals).
Ultimately, the project is envisioned to function as a "one-stop" commercial
center where it provides goods and services for both residents and visitors.
Thus, at this Center, one can bank; shop for groceries, dry goods, and the
like; and even visit a hair salon, travel agent, realtor, attorney, optometrist,
physician, and others in the personal or professional service.
II. PROJECT LOCATION
As noted above, the subject site is located on the northwestern corner of the
intersection of Mililani Street and Kekuanaoa Avenue. The former Waiakea
Village resort/apartment complex (now referred to as Waiakea Villas) is
situated adjacent to and north of the subject site. A financial institution and
some County offices are also situated adjacent to but west of the subject site.
III. PROJECT DESCRIPTION
A. Project Concept
The applicant currently operates its retail and deli business in the Hilo
Shopping Center. Over time, its operations have grown to the point
where its current space is no longer sufficient. Further, because the
applicant has had to accommodate its expansion within the existing
confines of its space, the overall operations has not been that efficient.
Accordingly, having a new facility would enable the applicant to have a
design that best addresses its overall spatial and functional needs.
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Rather than having a standalone retail and deli business, the applicant
would like to have it be part of an overall complex. In so doing, the
applicant believes that its business has a symbiotic relationship with
other businesses, a relationship that creates the desired economy of
scale for its success.
As such, the applicant would like to develop a one-stop commercial
retail and office center, with its store being one of the major anchors.
The Center is thus envisioned to provide goods and services for both
residents and visitors. At this Center, one would be able to bank; shop
for groceries, dry goods, and the like; and even visit a hair salon,
travel agent, realtor, attorney, optometrist, physician, and others in the
personal or professional service. Those uses would not only create a
positive internal synergy of the applicant's business but also help
address the commercial needs of the community and region.
B. Project Components.
As proposed, the project would consist of three (3) structural
components consisting of a total of 67,685+/- square feet of gross
floor area. (Figures 3 and 4) As development of the entire project will
be demand driven, it may be constructed all at once or in different
phases.
If phased, the first phase would consist of a 41,657+/- square foot, 2 -
story structure with a maximum height of 35 feet. (Figure 5) This
structure would be the applicant's new home plus some'office space
for uses allowed within the site's resort (V-.75.) zone. Tentatively, that
structure would consist of the following:
Ground Level — Island Naturals Store
26,040+/- square feet— retail
2,000+/- square feet — mezzanine (office)
1,227+/- square feet—common area such as electrical room,
restroom, etc.
206+/- square feet — covered walkway
1,150+/ -square feet — outdoor dining area
Second Level — Office Space as may be permitted by the resort zone
8,910+/- square feet — office space
2,124+/- square feet - covered walkway
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The second phase would be a 2,966+1- square foot, single -story, free-
standing drive-through restaurant. It is proposed to be situated near
the intersection of Mililani Street and Kekuanaoa Avenue. Again,
depending on demand, this component could be developed in either
phase.
The third and last phase would be a 23,072+/- square foot, 2 -story
structure. Its components would consist of the following:
Ground Level — Retail Space
10,292+/- square feet— retail space
1,241 +/- square feet — covered walkway
Second Level — Office Space, as may be permitted by the resort zone
10,295+/- square feet — office space
1,241+/- square feet — covered walkway
It should be noted that although designated as such, it is quite
possible that some retail activity may occur on the second floor and
likewise, office use on the ground level.
The preliminary plan reflects 226 conventional parking stalls, of which
14 would be compact. There would also be eight (8) handicapped
accessible stalls (one more than required) and six (6) loading zones.
See Figure 3)
As proposed, there would be two (2) limited right -in, right -out
movement accesses from Kekuanaoa Street. There would also be a
full movement access from Mililani Street, as well as a service and/or
secondary access from Hualani Road. (See Figure 3)
It should be emphasized that the plans herein reflect the applicant's
goal, and as such, they should be considered conceptual and
preliminary. Market demand and the need to accommodate any
conditions of approval and/or agency requirements will dictate some
measure of adjustments.
C. Project Timetable and Cost
It should be noted that the project has been designed to enable it
being developed all at once or in phases. If phased, the first phase
will consist of the building which will house the applicant's new home,
and the second being the retail/office structure. The drive-through
restaurant is anticipated to be constructed in either phase.
Given that, the applicant intends to submit plans for Plan Approval
within a year of approval of the SMA Permit. Given the time needed
to prepare construction plans and having them reviewed/approved by
appropriate agencies, construction of at least the first phase — which
would include the applicant's new home - is anticipated to begin in the
latter half of 2022.
The first phase is anticipated to be completed by 2024. The second
and third phases will be a function of demand and hopefully completed
by 2026.
The estimated construction cost associated with the entire project is
10 million.
IV. NATURE OF REQUEST
To implement this project, a Major SMA Use Permit is required to be issued
by the Windward Planning Commission. This report is intended to justify
approval of the request.
Additionally, other administrative type of approvals is still required, which
include Plan Approval, Building Permit, Grading/Grubbing Permit, driveway
access permit, and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
As noted earlier, the site of the proposed uses fronts the northwestern
corner of the intersection of Kekuanaoa Avenue and Mililani Street
and approximately 500 feet to the closest point of Wailoa Pond. The
former Waiakea Villas complex is adjacent and north of the subject
site. Also situated adjacent and/or proximate to the site is a financial
institution and a building housing various County agencies.
There are residential uses east or airport side of the subject site
fronting Mililani Street. There are some commercial uses (such as an
auto sales, farm supply) to the south and fronting Kekuanaoa Street.
See Figure 1 and 2)
The site was formerly used as a canec production facility from the
1930s until 1963. Canec was a form of building material made from
the fibrous plant residue of the sugar cane called bagasse. The site is
4
vacant of structures and, as discussed below, has been recently
remediated" and now habitable.
The site is flat to moderately sloping in a westerly to easterly direction.
It is situated approximately 15 to 25 feet above mean sea level. The
4.05+/- acre triangular site forms the northwestern corner of Mililani
Street (463+ feet) and Kekuanaoa Avenue (410 feet). Its longest point
500+ feet) fronts the Waiakea Villas complex.
According to the State Commission on Water Resource Management,
the nearest rain gauge in this area is the Hilo Airport. The rainfall data
of this gauge notes that over the past 37 years, the annual median
rainfall for this area was 131.1 inches. The wetter months tend to
occur between October through April. The average daily temperature
ranges from a minimum of 61 degrees to a maximum of 79 degrees
Fahrenheit. Wind patterns are generally trade winds (easterly) during
the day and westerly or mountain winds during the evenings.
The prevailing wind patterns in the area are often light and variable,
dominated by trade winds (easterly) during the day and westerly or
mountain winds during the evenings.
B. Potential Ground Contamination
Nimbus Environmental Services ("NES") prepared a report, dated
July 1, 2019, for the applicant, entitled "Pre -Construction
Environmental Hazard Management Plan" ("EHMP"). (Appendix A)
The EHMP was to provide a plan for the effective removal of
potentially arsenic impacted soil on the subject site and an adjoining
parcel (TMK: 2-2-030: 019). The EHMP was subsequently approved
in a July 16, 2019 email that was followed by a September 3, 2020
Appendix B) from the State Department of Health — Hazard
Evaluation and Emergency Response Office ("DOH").
The EHMP described the historical use of the site and its remediation
program. As to its prior use, the EHMP noted that the subject site was
formerly used as a "canec production facility from the 1930s until
1963." It continued that:
canec was a "wall- and ceiling -board panel manufactured from
sugar cane bagasse" that "was used extensively as a building
material in Hawaii until the 1970s.".
baggase was described as the "fibrous plant residue" after the
juice of the sugar cane has been extracted; and
5
in manufacturing canec, the bagasse was "treated with
inorganic arsenic to provide resistance to pest infestations,
primarily termites" which resulted in "in residual arsenic
contamination in soils of the subject parcels."
NES prepared a Phase I Environmental Site Assessment Update
Study in February 2017 identified potential arsenic contamination in
the soils. The study was subsequently approved by the DOH on April
7, 2017.
This study was followed up by a March 2018 report prepared by NES,
entitled 'A Final Removal Action Report" for the management of
Category C (moderately impacted) and D (heavily impacted) soils.
This study was subsequently approved by the DOH on March 23,
2018.
Pursuant to a SMA Assessment Application (SMAA No. 19-001676)
dated May 15, 2019 (Appendix C) and DOH's September 3, 2020
letter approval of the EHMP, approximately 4,710 cubic yards of
arsenic -impacted" soil was removed form the subject site.
In a letter to the applicant, dated January 5, 2021, the DOH issued a
No Further Action With Institutional Controls" determination".
Appendix D) The determination had five (5) conditions, one of which
required the site to be limited for only commercial or industrial uses.
The other four (4) conditions were more of the operational and
maintenance nature. All these conditions will be adhered to by the
applicant.
C. Soils
Notwithstanding the soil removal, the Natural Resource Conservation
Service's Land Study Bureau Overall Master Productivity Rating
designates this site as Keaukaha Series (rKFD), which is extremely
rocky muck; well -drained thin organic soils overlying pahoehoe lava
rock. The runoff is medium, and the erosion hazard is slight.
Because the site has already been built up, the Land Study Bureau
does not have a soil classification of this area. Likewise, the project
site is "unclassified" under the Agricultural Lands of Importance to the
State of Hawaii (ALISH) classification system. This classification does
not recognize this site as being agriculturally important.
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E. Coastal Resources
The subject area is located less than a mile from the coastline. As
such, coastal impacts resulting from discharge of wastewater systems
from the site may be of concern. In this case, however, the project will
connect to the County's 15 -inch sewer line fronting Kekuanaoa Street.
Thus, normal wastewater discharge issues associated with the project
should not be significant, if at all.
Further, being a non -coastal property, lateral and mauka-makai
coastal access should not be an issue.
F. Flora and Fauna
Although there were no professional surveys conducted of the floral or
faunal resources of the site, the applicant does not believe that rare or
endangered floral or faunal resources are likely to be found on the
subject site, particularly as part of its remediation, introduced soil was
brought onto the site. As such, the floral impacts should be minimal, if
at all.
Introduced bird species (such as dove, Japanese White -eye, house
finch, myna) are common in this area. Domestic animals such as
cats and dogs, and other animals like rats and mongoose are also
common. These are all common and not endangered.
Given the absence of any vegetation — particularly trees — there is
little, if at all, possibility of seeing endangered endemic birds like the
Hawaiian Petrel and Newell's Shearwater in the area. Likewise, the
likelihood of seeing the Hawaiian Hawk 1'0) and the Hawaiian Owl
Pueo) foraging in this general area should also be absent.
G. Archaeological Resources
Again, because site has been recently cleared and is devoid of any
vegetation, archaeological and/or cultural resources should equally be
absent.
Notwithstanding the absence of any known archaeological or cultural
features on the subject site, should there be inadvertent discoveries
during the construction of this project, work will stop and contacts with
the County Planning Department and State Historic Preservation
Division will be made.
7
H. Valued Cultural Resources
The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai
0 Ka'Aina"decisions require decision -makers to consider a project's
impact to native Hawaiian gathering and fishing rights. Specifically,
there must be a discussion of the cultural, historical, and natural
resources and associated traditional and customary practices of this
site and the impact of this project to these resources and practices.
In this situation, the subject site is not adjacent to the shoreline. As
such, normal fishing and coastal access should not be an issue.
Furthermore, as noted earlier, the requested area has been entirely
cleared of its native vegetation in the past.
Accordingly, it would appear very unlikely that the site serves as a
place for worship or plant/food gathering for native Hawaiians today
and/or in the recent past.
Given the above, it can be reasonably concluded that the project and
this site should have no significantly adverse impact affecting native
Hawaiian cultural and historical resources and/or practices which
cannot be reasonably mitigated.
Natural Hazards
1. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies the entire
City of Hilo as being within Lava Flow Hazard Zone 3, on a scale of
ascending risk, 9 to 1. There is little that can be done to mitigate
this situation and reflects an ongoing threat to all residents and
businesses.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, the applicant
understands and accepts that there will be added structural
requirements to address this seismic hazard during the conversion
process.
2. Tsunami Hazard
Inasmuch as the site is situated less than a mile from the ocean, it
is located within of the Civil Defense's Tsunami Evacuation Zone.
Thus, people within this area must evacuate the site when the Civil
8
Defense issues a warning. Aside from locally generated tsunami,
which would regrettably affect similar properties, including
residential uses, there should be ample time for evacuation.
The applicant intends to inform its employees and tenants of this
hazard and require them to post appropriate tsunami evacuation
routes within their place of business.
3. Drainage
The Federal Flood Insurance Rate Map (FIRM) identifies the site
to be in Zone X (areas outside of 500 -year flood). There are no
drainage ways through the site. Accordingly, the site has not and
should not be subject to flooding.
As there will be an added level of impervious surface resulting from
the proposed development, there may be an issue relating to
potential increased run-off. In that event, drywell(s) or similar type
of accommodations will be implemented, subject to the review and
approval of the Department of Public Works and State Department
of Health via the Underground Injection Control (UIC) permit
process.
Thus, with the proposed on-site drainage improvements, all
potential drainage and/or flooding issues could be reasonably
addressed and mitigated.
VI. LAND USE AND OTHER CONSIDERATIONS
A. Noise, Air Quality, and Dust
During the construction of the project, there will be construction
noise. Contractors will be required to comply and observe the State
Department of Health's noise standards. When completed, there will
also be noise associated with modest traffic and the operation of the
complex. The nearest residences are less than 300 feet away.
Mitigation such as sound attenuation structural measures, and limiting
hours of operation to day light hours can he taken, if necessary
The air quality in this area should not be materially affected by this
project. The project itself should generate little air emission, except
for possible eateries, which are required to comply with State DOH
requirements.
9
There will also be some measure of impact resulting from the
additional vehicles coming to and from the site. With higher EPA
standards for vehicular air emission plus the need to comply with
appropriate DOH Air Quality standards, the impact to the ambient air
quality should not be significant.
All the required parking area within the project site will be paved with
an all-weather, dust free surface. Landscaping will also be required
as part of the Plan Approval requirement. As such, except for minimal
construction dust in the beginning, long term dust generated by the
project should be insignificant. During the construction phase,
appropriate measures for dust control and pursuant to DOH
requirements, will be taken by the contractor(s).
B. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or
areas listed as scenic resources. The subject site is not listed as a
scenic site. However, Mauna Kea and Mauna Loa are listed as scenic
resources.
The proposed development would not have any visual impacts on
either of those mountains, particularly from Mililani Street and
Kekuanaoa Avenue. The location of and height of the structures on
the site are such that there should be little or no interruptions to these
views. The proposed structures will be no higher than the 2.5 -story
Waiakea Villas complex.
Thus, there should be little, if any, adverse visual impacts resulting
from this project.
C. Socio -Economic Impacts
The proposed project would have some measure of economic impact
by the number of additional direct and indirect jobs created. Prior to
the pandemic, the applicant employed about 100 full and part-time
employees; currently, that has dropped to around 70. The applicant
believes that at this new site, the number of employees should
approach 100 again.
Notwithstanding the relocation of these employees, there will be new
jobs created because of the additional office and retail space, coupled
with the free-standing restaurant. The applicant anticipates that upon
full -build out, there should be an additional 40 new full and part-time
jobs. Using a multiplier of .25 of newly created jobs, the project may
10
indirectly generate an additional eight (8) jobs within the broader
community.
There would also be public fiscal impacts as well. The site has been
sitting idle for many years and not generating any significant additional
tax revenue ever since the closure of the canec manufacturing plant in
1963. With this development, there will be additional real property tax
revenues accruing to the County, while there would be State business
tax revenues.
The applicant has also expended considerable funds to rid the site of
its arsenic contamination, thus making the area safer for the
surrounding neighborhood and broader community.
D. Agricultural Impacts
Given the site's resort designation on both the County General
Plan and zoning map, agricultural use of the site has been abandoned
from a public policy perspective. Notwithstanding the above, the site
has not been used agriculturally in the recent past and, given the
urban setting, unlikely soon.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Water
The site currently would have access to the County Department of
Water Supply's water line fronting either Kekuanaoa Avenue or Mililani
Street. Upon submittal of a water use calculation study, the
appropriate water commitment fee will be paid, and the meter size
determined. The improvements, as required by the DWS will be
installed.
B. Wastewater
As noted earlier, the project would connect to the County's 15 -inch
sewer line fronting Kekuanaoa Street.
C. Drainage
The US Corps of Engineers' Flood Insurance Rate Map (FIRM)
designates the area of the proposed development to be in Zone X
areas outside of 500 -year flood). There are no known drainage ways
through the site. Accordingly, the site has not and should not be
subject to flooding.
As there will be an added level of impervious surface resulting from
the proposed parking area, there may be an issue relating to potential
increased run-off. In that event, drywell or similar type of
accommodations will be implemented, subject to the review and
approval of the Department of Public Works.
D. Roadway and Traffic
The subject site is a corner property fronting Kekuanaoa Avenue and
Mililani Street, an unsignalized intersection. The County -owned and
maintained Kekuanaoa Street fronting the subject site is a 2 -lane road
without grassed/graveled shoulders within a 60 -foot wide right-of-way.
It is a major thoroughfare that extends on the east side to Kanoelehua
Avenue (Highway 11) and the airport and to Kilauea Avenue, a major
north/south thoroughfare.
Mililani Street is also a County -owned, 2 -lane road with a right-of-way
of 40 feet. Like Kekuanaoa Avenue, there is no improved walkway
along this street. It is one of several roads that connect to Kekuanaoa
Avenue.
It is highly likely that this project would generate at least 50 vehicular
movements during either the AM or PM peak hours. However,
because this is a SMA and not a rezoning action, the Zoning Code's
concurrency requirement for a traffic study is not applicable. Pursuant
to the Topliss v. Hawaii County Planning Commission judicial
decision, such a study may be asked only if the project has a direct
bearing on any of the Coastal Zone Management's objectives. In this
case, the applicant maintains that it does not.
Notwithstanding the above, the project's proposed accesses did
consider the existing traffic conditions in this area in the following
manner:
Given the volume of traffic and absence of any turning lanes on
Kekuanaoa Avenue fronting the subject site, the project is
proposing two (2) "right -in, right -out movement only" accesses.
This should eliminate and/or minimize any back up of traffic
heading east or towards Kanoelehua Avenue.
12
Left -turn access into the project would be limited to only the full
movement access at Mililani Street as well as the entrance to
the County offices/financial institution at Hualani Street.
The applicant believes that splitting left -turn movements between
Hualani Street and Mililani Street should help reduce back up. This is
also due to the distance between these two points, coupled with the
signalization at the Manono Street/Kekuanaoa Street that provides
brief traffic interludes.
The accesses will be designed and constructed to meet with standard
Department of Public Works driveway standards for a commercial
zone.
For the most part, retail operations do not conflict with the AM or PM
peak hours, as they operate usually from 10:00 am and close 6;00
pm. Furthermore, more than 50% of the applicant's employees also
begin work after 8:30 am and at least 75% leave before 3:30pm
and/or after 6:30pm. Thus, a significant portion of the traffic to be
generated by this project should not occur during the AM/PM peak
hours.
Given the above, while there will be traffic impacts created by this
project particularly along Kekuanaoa Avenue, the proposed
mitigations should reasonably address these impacts.
E. Public Protective Services
As this area is already part of the City of Hilo urban area, it is already
being serviced. No extension of government services would be
required, and existing facilities should be sufficient to accommodate
the limited demand expected from this project.
At least three (3) County Fire Stations and Emergency Medical
Services are located within a 5 -minute response area.
As this project is a commercial one, it should have little or no direct
impacts to schools, parks, and other related facilities. Nonetheless,
there are parks and schools within a 2 -mile radius of the subject site.
The Hilo Hospital is located, approximately three (3) miles from the
site. This hospital is one of five licensed hospitals on the island.
13
F. Solid Waste
Solid waste will be handled by commercial haulers who will dispose of
the refuse at the county landfill in Hilo and eventually at Pu'uanahulu,
North Kona.
The applicant is prepared to develop a Solid Waste Management Plan
to help quantify and address ways to accommodate and reduce the
project's waste.
G. Other Utilities
Electrical and telephone lines are available to the site.
VIII. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject property is designated Urban. As such, no State Land
Use Commission action is required. The County of Hawaii can
process the rezoning request.
B. County General Plan
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for balanced
growth in the County. The General Plan consists of both a map and a
policy component.
General Plan Land Use Pattern Allocation Guide (LUPAG) Map
The map designates the site Resort. As such, the proposed uses are
consistent with the existing V-.75 zoning is consistent with this
designation.
General Plan Policies
The requested zoning would be consistent with the goals, policies.
and standards of the Economic and Land Use Elements of the
General Plan. Specifically, the more pertinent ones follow:
1. Economic Element
Goals
14
Provide residents with opportunities to improve their quality
of life.
Economic development and improvement shall be in
balance with the physical and social environments of the
island of Hawaii.
The County of Hawaii shall strive for diversity and stability in
its economic system.
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
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.
The County shall strive for an economic climate which
provides its residents an opportunity for choice of
occupation.
The County shall strive for diversification of its economy by
strengthening existing industries and attracting new
endeavors.
Discussion
The request would provide opportunities for a commercial and
office facility to establish itself in an area that is serviced by a
good transportation system. Relatedly, all required
infrastructure such as water and sewer are already available.
Further, the subject site is located proximate to residential,
industrial, and commercial areas, making the proposed uses
and supportive and compatible.
15
At the same time, the project is consistent with the evolving
mixture of land uses in this area.
2. Land Use Element (Resort)
Goals
Maintain an orderly development of the visitor industry.
Provide for resort development that maximizes
conveniences to its users and optimizes the benefits derived
by the residents of the County.
Ensure that resort developments maintain the cultural and
historic, social, economic, and physical environments of
Hawaii and its people.
Policies
Promote and encourage the rehabilitation and the optimum
utilization of resort areas that are presently serviced by
basic facilities and utilities.
Lands currently designated Resort should be utilized before
new resorts are allowed in undeveloped coastal areas.
Zoning of resort areas shall be granted when the proposed
development is consistent with and incorporates the stated
goals, policies, and standards of the General Plan.
Standards
o Designate and allocate future resort areas in appropriate
proportion and in keeping with the social, economic, and
physical environments of the County.
o Evaluate resort areas and the areas surrounding existing
resorts to ensure that viable quality resorts are developed
and that the surrounding area contributes to the quality,
ambience, and character of the existing resorts.
o Require developers to provide the basic infrastructure
necessary for development.
16
Discussion
Although the LUPAG map and zoning still designate this area
for resort uses, with the transition of the Waiakea Village
Resorts into a condo/apartment complex called Waiakea Villas,
this area has functionally ceased to be a resort. It is more
conducive for commercial retail uses and selected office uses
which are also allowed in the resort zone.
Given that, the request would be consistent with the
aforementioned goals, policies, and standards. Its location is
within walking distance of recreational (Wailoa State Park) and
commercial amenities, including shopping areas and
restaurants. Yet, its location is such that it would not interfere
with local residents also gaining access to these areas and
facilities.
The subject site also fulfills other policies and standards
articulated in the General Plan. The site is already serviced by
adequate infrastructure. The County water line is already
available. Fire protective services are available within two (2)
miles of the site. Wastewater system will be provided by the
applicant in conjunction with the development of the project. All
other utilities are available to the site. As such, this
development should not require additional public services to be
provided.
The site does not have any on-site developmental constraints.
The land is relatively level, and there is no flood (Zone X) or
other hazardous condition that would render the site a
developmental problem and pose a burden to public agencies.
Further, given the non -noxious type of uses anticipated to be
situated here, pollution concerns typically associated with
heavy industry would be minimal, if at all.
Being previously cleared and devoid of vegetation, the
prospects of the site serving as a habitat for rare or endangered
plant or animal life appear remote. Likewise, due to the
developed physical nature and former use of this site, it is very
unlikely that there are any archaeological features left on the
site. In the event there are some inadvertent archaeological
finds, work will stop and the State DLNR and County Planning
Department will be consulted before further activities occur
within the affected area.
17
The use is also compatible with the surrounding area. This
area is an area of transition with a mixture of residential,
commercial, and open space/recreational activities. The
existing resort zone should not have an impact to the
residential area. While there will be some traffic impact, the
project will be designed to minimize these impacts through
access limitations. Landscaping will also be provided to help
mitigate potential visual impacts of the project.
Finally, all structures built on the site will be required to comply
with the standards outlined in the Zoning Code — such as
parking, setback, height, etc.
C. Hilo Community Development Plan (CDPI
As noted earlier, the Hilo CDP was adopted in 1975 by the Planning
Commission to serve as a guide to the General Plan, which was
adopted in 1971. Both documents designate this area for resort uses.
However, many changes have occurred over the past 40+ years,
making the planning assumptions of these designations somewhat
obsolete.
D. County Zoning
The County zoning designation of the site is Resort (V-.75). All the
proposed uses - including eateries, personal services, business
services, medical - are permitted in the Resort zone. Should the
request be approved, allowable uses would be vetted through the Plan
Approval process. Further, during that process, all the required
standards outlined in the Zoning Code for projects of this nature will
be complied with. These include setbacks, parking, loading areas
landscaping, and so forth.
E. Other Permitting Considerations
In addition to the SMA permit request, other ministerial permits would
still be required. These include the well permits, Plan Approval,
Building Permit, UIC, and the like.
VIII. Relationship to Special Management Area Goals and Obiectives
The subject site is situated within the County Special Management Area
SMA). As such, this section covers the project's relationship to the goals
and policies of the SMA.
18
A. Recreational Resources
The proposed improvements should not have any adverse impact to the
recreational resources of the area. The property is not a coastal property,
and there are intervening properties between the project site and the
nearest coastal area —Wailoa Pond. Access to the Wailoa State Park is
via Piilani Street, and this access will continue unabated.
Further, the nature of the project is of such a nature that water quality to
the nearshore waters should not be compromised.
B. Historical and Cultural Resources
As the entire site was cleared and formerly used as a canec
manufacturing plant in the past, the site should be devoid of any cultural
or archaeological resources. However, should there be any inadvertent
finds during the development of this project, work will immediately cease
until clearance from the County Planning Department is secured.
In sum, given the disturbed nature of the area of the proposed
improvements, it can be reasonably concluded that this project would
have no significant adverse impact relating to native Hawaiian cultural
and historical resources and/or practices that cannot be otherwise
mitigated.
C. Scenic and Open Space Resources
The only reasonable open space in this area would be the Wailoa State
Park. From the subject property, the Park is not easily visible because
there is a tall stand of trees and structures between the subject site and
the Park. However, a portion of Wailoa Pond is visible. Thus, what
glimpse of the Park that may exist from the subject site would not be
significantly impacted by this project.
Further, the height and size of the proposed structures would be less than
some of the 2.5 -story structures within the Waiakea Villas complex.
Overall, then, the visual impact from any public roadways to either the
Park or the shoreline would not be limited by this project.
D. Coastal Ecosystem
The proposed improvements should not generate any adverse impacts to
the area's coastal ecosystem. As there will be structures and related
improvements that would add to the sites impervious surface, drywells
19
may have to be installed. If required, during the course of securing the
required Underground Injection Control ("UIC") and National Pollution
Discharge Elimination System ("NPDES") permits, the project's impacts to
the groundwater and nearshore waters will be evaluated and appropriate
mitigative, if needed, actions will be taken.
Further, the applicant remediated the property, thus minimizing any
potential contamination of the ground or near shore water from the effects
of the former canec manufacturing plant.
Finally, the project's wastewater will be connected to the County system,
minimizing any adverse impact to the ground or coastal water.
E. Economic Uses
The project itself should have some significant direct and indirect.
economic impacts, due to the short-term and long-term jobs this project
could potentially generate. The short-term jobs would be principally in the
construction industry. The long-term direct employment impact would
come in the form of possibly up to 40 new full and part-time employees
for the overall complex, plus the existing 100 or so of the applicant's
current employees. Additionally, there would be indirect employment
created through the project's multiplier effect.
At the same time, by providing a convenient area for employment, it
would minimize drive time for many area workers who would otherwise
have to travel outside of the district to their place of employment. These
people could more productively utilize the time lost on the road.
F. Coastal Hazards
The site is designated "X" on the Flood Insurance Rate map. However, it
is located within the Civil Defense Tsunami Evacuation Zone. The
applicant will take measures to institute appropriate educational and
training protocols for their employees and other tenants in times of a
tsunami.
As the site is not located adjacent to the shoreline, normal winter storm
waters should not be an issue for this project.
Based on the foregoing, it is concluded that the proposed improvements
are consistent with the objectives, policies and guidelines of the Special
Management Area Rules and Regulations. Specifically:
p
The proposed project will not have any substantial, adverse
environmental or ecological effect. Any effect that may result
will be minimized to the extent practicable and is clearly
outweighed by public health, safety and welfare, and other
compelling public interest.
Further, it will not generate any adverse effects by themselves
or in conjunction with other individual developments, the
potential cumulative impacts of which would result in a
substantial adverse environmental or ecological effect and the
elimination of planning options. Appropriate mitigative
measures will be taken to address any potential adverse
impacts of this project.
B. The proposed activities - as discussed earlier - are consistent
with the objectives, policies, and guidelines of the SMA Rules
and Regulations; and
C. The proposed activities are consistent with the County General
Plan and County Zoning Code, as noted in this Chapter of this
document.
21
PRE -CONSTRUCTION
ENVIRONMENTAL HAZARD
MANAGEMENT PLAN
FOR
TMK (3) 2.2-30: 17
EXCAVATION AND DISPOSAL of CATEGORY D SOIL (DU I )
HILO, HAWAII
PREPARED FOR:
Island Naturals Properties, LLC
PREPARED BY:
Nimbus Environmental Services
01 Juts 2019
EXHIBIT A
PAECONSTRUCTION EHMP
TM IC (3)2-230: f7
HILO. HAWAII
TABLE OF CONTENTS
1.0 Introduction and Purpose 1
1.1 Introduction I
1.2 Purpose of Pre -construction Environmental Hazard Management Plan 3
2.0 Background 3
2.1 Other State and County Regulatory Determinations 3
3.0 Engineering Controls for Category D Soil Excavation, Hauling and Disposal 4
3.1 Staking and Limits of Excavation 4
3.2 Control of Fugitive Dust 5
3.3 Control of Erosion 5
3.4 Soil Stockpiling/Storage (temporary) 6
3.5 Soil Excavation and Handling Operations, On-site 6
3.6 Prevention of Tracking Soil Off-site (temporary loading driveway) 7
3.7 Transporting Category D Soil to Disposal Site 7
3.8 Soil Disposal at West Hawaii Sanitary Landfill 7
3.9 Covering Final Exposed Substrate with Clean Fill (to be determined) 8
4.0 Institutional Controls and Implementation; Category D Soil Post -Removal 9
5.0 Exposure Management 10
6.0 Conclusions I I
7.0 References 12
8.0 Signatures and Certification Statement 13
iil, P a ge Nimbus Environmental Services '
P7E-CONSTRUCTION EHMP
MK (312-2-30: 17
N/LO. HAWAII
Appendix A Hawaii County Assessor Map
Appendix B Property Photographs
Appendix C NES Soil Investigation Report
Appendix D Excavation Site Plan
Appendix E Integral Dust/Erosion Fence Details
Appendix F Storm Water Pollution Prevention Plan
Appendix G Approval for Soil Disposal at West Hawaii Sanitary Landfill
Appendix H Notice of General Permit Coverage; HDOH Clean Water Branch
Appendix I Exemption from SMA Permit; Hawaii County Planning Department
Appendix J Exemption from Grading/Grubbing Permit; Hawaii County DPW
Appendix K Personnel Qualifications
iiil Page Nimbus Environmental Services '
PRECONSTRUCTION SHKP
SNK t3/ 2-2-30: I7
HILO. HAWAII
1.0 Introduction and Purpose
1.1 Introduction
Parcels TMK (3) 2-2-30: 17&19 in Hilo, Hawaii are the last remnants from several
sub -divisions of a larger holding that was the site of a canec production facility from
the 1930s until 1963 (herein "property" or "site"). Canec, a wall- and ceiling -board
panel manufactured from sugar cane bagasse was used extensively as a building
material in Hawaii until the 1970s. Bagasse is the fibrous plant residue that
remains after the juice is extracted from the sugar cane plant. When
manufacturing canec, the bagasse was treated with inorganic arsenic to provide
resistance to pest infestations, primarily termites. Canec manufacturing resulted
in residual arsenic contamination in soils of the subject parcels.
The property consists of - 63/4 acres of vacant land, vegetated, flat to moderately
sloping, situated among commercial and residential development south of the
Wailoa State Park and - 500 ft from Waiakea Pond, in downtown Hilo.
Arsenic contamination in soils of Parcels 17&19 was characterized in a Phase I
Environmental Site Assessment Update submitted to Hawaii Department of Health
HDOH) in February 2017. The Phase I ESA Update was prepared by Nimbus
Environmental Services (NES) in accordance with ASTM E1527-13 standards,
and guidance from HDOH Hazards Evaluation and Emergency Response Office
NEER Office). On 07 April 2017 the Phase I ESA Update received HEER Office
approval as the basis to address soil arsenic contamination on Parcels 17&19.
The Phase I ESA Update revealed that the sole Recognized Environmental
Condition (REC) in connection with the property is arsenic contamination in soils.
The range of contamination, according to HEER Office Technical Guidance
Manual Appendix 9-E, is from minimally impacted soils (Category B) for the
majority of the parcels, to two areas of moderately impacted soils (Category C) and
one area of heavily impacted soil (Category D).
A Final Removal Action Report for management of Category C & D soils was
prepared by NES in March 2018 and received approval from the HEER Office on
23 March 2018.
Four (4) Removal Action Alternatives were developed and evaluated for
management of C & D soils on the property.
Alternative 1 - No Action.
t P a 9 e Nimbus Environmental Service
PRE -CONSTRUCTION EHMP
MK 13)2-2-30117
HILO. HAWAII
Alternative 2 - Excavation and Off-site Disposal of D Soils, On-site Containment of
C Soils, Full-scale Fill/Grading Site Development in Near-term.
Alternative 3 - Excavation and On-site Containment of C & D Soils, Full-scale
Fill/Grading Site Development in Near-term.
Alternative 4 - Excavation and Off-site Disposal of D Soil, In situ Management of
C Soils in Near-term, Phased Site Development (Future).
This Pre -construction Environmental Hazards Management Plan (Pre -con EHMP)
is concerned solely with removal and disposal of Category D soil of Decision Unit
1 (DU1) on Parcel 17, in accordance with HEER Office approved Alternative 4.
Alternative 4 was selected, and was approved by HEER Office because it fully
meets all removal action objectives, will fully meet regulatory requirements, and
fully meets evaluation criteria for feasibility, effectiveness, and cost. Under this
alternative the Category D soil will be excavated and removed from the site for
disposal at the RCRA-compliant West Hawaii Sanitary Landfill, an HDOH-
approved disposal facility. Category C soils will remain on-site in situ, under
vegetation cover (DU2) and under soil cover (DU7 Deep) with institutional controls
to prevent exposure or disturbance until phased commercial development is
planned and implemented at future dates. Management of C soils in situ is a viable
option because arsenic in Hawaii volcanic soils does not leach appreciably and
does not bio -accumulate to a significant extent in terrestrial plants found at this
site. Also, the presence of Category C soils is permissible for commercial and
industrial development according to Hawaii DOH Tier 2 guidance. Future
management of the C soils will be addressed with HEER Office as successive site
development phases are planned and implemented.
This Pre -con EHMP is required by HEER Office for activities associated with
removal of Category D soil at this site. This Pre -con EHMP is prepared in
accordance with HEER Office guidance and must receive HEER Office approval.
Category D soil removal in accordance with this Pre -con EHMP will provide for
safe removal of Category D soil from the site, and will set conditions for future
commercial development of these parcels. Removal of D soil will eliminate the
present-day unmanaged risk of arsenic exposure in human and ecological
receptors. Future development on these parcels will provide opportunities for
socio-economic benefits to the Hilo community.
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Major components of this Pre -con EHMP are:
fugitive dust control
erosion control
excavation
loading
stock -piling (temporary)
hauling
worker protection
1.2 Purpose of Pre -construction Environmental Hazard Management Plan
The purpose of this Pre -con EHMP is the safe and effective removal of Category
D soil from DU1 of TMK (3) 2-2-30: 17. This removal action achieves arsenic
management objectives, sets conditions for the potential future phased
construction of commercial/retail space, and minimizes identified potential hazards
to human health and the environment.
This Pre -con EHMP for removal of Category D soil from DU1 was commissioned
by Island Naturals Properties, LLC, owner of the property. Future commercial
development on the property is the primary motivation for this soil removal action.
2.0 Background
The land use history, former and present-day site conditions, extent of arsenic
contamination, and the environmental hazard evaluation, are extensively
described in the HEER Office file record. The principal documents are:
Phase 1 ESA Update (February 2017, approved April 2017)
Final Removal Action Report (March 2018, approved March 2018)
These documents are approved by HEER Office and provide the most
comprehensive record available of the activity history and regulatory actions for
TMK (3) 2-2-30: 17 & 19.
2.1 Other State and County Regulatory Determinations
Consultation with Hawaii Department of Health, Clean Water Branch, has
determined that NPDES permit coverage is required for this soil removal action in
accordance with 40 CFR §122.26(b)(15) and HRS 342D -50(a). See Appendix H.
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Consultation with the Hawaii County Department of Planning has determined that
a Special Management Area (SMA) Permit is not required for this removal action,
based on an exemption provided under HRS128D-23. See Appendix t.
Consultation with the Hawaii County Department of Public Works (DPW) has
determined that a Grading/Grubbing Permit is not required for this removal action,
based on an exemption provided under HRS128D-23. See Appendix J.
Review of HRS 6E and the Hawaii Historic Register of Historic Places has
determined that there are no historic resources associated with TMK(3) 2-2-30: 17
19. Therefore, as a privately owned property, there is no HRS 6E-10 trigger for
this soil removal action.
3.0 Engineering Controls for Category D Soil Excavation, Hauling and Disposal
Engineering controls are appropriate measures to reduce exposure to
contaminated media during soil removal activities. Engineering controls are
tangible and practicable measures to prevent physical contact with contaminated
media, and to prevent contaminated media from moving off-site via wind or water
transport. Engineering controls are also intended to preserve/protect sensitive
natural or cultural resources, if present.
This Pre -con EHMP stipulates engineering controls that must be complied with
during the excavation, loading, hauling and disposal of Category D soil, to protect
workers and the public, and to ensure that the removal action is effective.
A Storm Water Pollution Prevention Plan (SWPPP) is prepared for this soil removal
action and is included in Appendix F. The SWPPP incorporates the Excavation
Site Plan and the erosion/dust control measures, as presented below and in
Appendices D & E.
Consultation with NEER Office has identified engineering controls for this soil
removal action. Engineering controls are presented in Sections 3.1 — 3.9 below.
Full compliance with the SWPPP and engineering controls is required during all
project activities.
3.1 Staking and Limits of Excavation
In 2018 the property boundary was field -staked by a licensed Professional Land
Surveyor as a requirement of the sale -purchase agreement. A plat of survey is
available in Hawaii County records.
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Prior to excavation activities, DUI will be field -staked by a licensed Professional
Land Surveyor in accordance with dimensions and corner points as shown on the
Excavation Site Plan (Appendix D). Re -staking may be required if soil removal
activities disturb stakes. DU1 boundary stakes will be maintained and visible
throughout the soil removal action.
3.2 Control of Fugitive Dust
Dust control will be achieved through installation of a 6 -foot temporary construction
fence with an attached fabric windscreen, and regular application of water to the
DUI surface during all excavation, loading, and hauling activities.
Fencing will be placed at a 10 -foot off -set along the internal borders of DU1, and
at the property line along Kekuanaoa and Mililani streets. Fence location is shown
on the Excavation Site Plan (Appendix D). A locking gate will be located at the
temporary loading driveway along Mililani Street. Fencing, gate and windscreen
will be maintained in a serviceable condition at all times during project execution.
A water truck with bumper -mounted spray bars and a top -mounted water cannon
will be available on-site during each day of excavation, loading and hauling. The
exposed surface of DU1 will have water applied as required to eliminate generation
of dust. The target criteria is no visible dust at any time during project execution.
Watering will be monitored and controlled so that no site run-off occurs.
In the unlikely event of dust generation due to exceptionally strong winds, all
project activities will cease until wind conditions are favorable for resumption of the
work.
Visual dust monitoring by qualified site supervision will be conducted to maintain
compliance and safety. The property owner will employ a qualified environmental
professional as site manager to maintain continuous visual monitoring on the
construction site to ensure dust controls are effective, and to take corrective
actions as necessary, and to ensure workers adhere to proper safety and health
protocols.
3.3 Control of Erosion
Control of potential for erosion during excavation of DU1 soil will be achieved
through the use of a silt fence barrier installed at the base of the inside face of the
temporary construction fence. Details and specifications for the integral
dust/erosion fence are shown in Appendix E.
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The topography of DU1 is a wide shallow basin, with slightly elevated ground on
all sides, and surface flow generally towards the center. The highly fractured and
open system of the native lava substrate provides for rapid infiltration of surface
flow when the thin soil cover is removed. Therefore, the potential for erosion
materials moving off-site from DU1 is extremely low.
Existing on-site vegetation will be maintained along the entire perimeter of DU1
during all removal activities.
In the unlikely event of a catastrophic flood event that could transport soil off-site,
all project activities will cease until conditions are favorable for resumption of the
work.
3.4 Soil Stockpiling/Storage (temporary)
No extended -term stockpiling of soil is anticipated for this removal action.
Stockpiling will be limited to a daily activity, to facilitate daily excavation and loading
of haul trucks. The intention is to remove all daily stockpiles of soil at the end of
each day of work activities (see section 3.5 below).
In the event over -night or over -weekend stockpiling of soil becomes necessary due
to unforeseen work delays, stockpiles will be secured to ensure that the soil is not
exposed to wind or rainfall and so that no erosion materials are transported off-site
via wind or water action. Stockpiles will be covered with tarps that are ballasted
against wind disturbance, and will be berrned to prevent contact with surface flows.
All stockpiles, whether daily or over -night or over -weekend, will be located in DU1.
3.5 Soil Excavation and Handling Operations, On-site
For each work day, the excavation area is not anticipated to exceed - 5000 square
feet (- 1/10 acre). This is equivalent to an area of - 75 x 75 feet. This limit is
imposed by the limited hours of operation at the West Hawaii Sanitary Landfill. All
loaded trucks must be emptied at the landfill each day. Round-trip travel between
the project site and the landfill is - 4 hours, including travel/waiting/tipping time.
Therefore, excavation will be limited to - 10 truck loads for each work day.
For each excavation area, each day, soils will be excavated down to the native
lava substrate. Based on the soils depth investigation (Appendix C), soil depth for
DU1 is expected to be - 4-8 inches. Daily excavation material will be transported
to the loading area (see section 3.6 below) and stockpiled temporarily for loading
into trucks. Excavation, stockpiling, and loading will be paced so that no stockpiles
remain at the end of each work day. See section 3.4 for stockpiling contingencies.
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Dust and erosion control measures (see sections 3.2 & 3.3) will be maintained at
all times of excavation, stockpiling, and loading.
The work is anticipated to occur from 6:00 am — 12:00 noon, Monday — Saturday,
for a period of approximately 4 weeks.
3.6 Prevention of Tracking Soil Off-site (temporary loading driveway)
A temporary loading driveway constructed of 6 inches of clean compacted 3/4 — 1
1/2 inch aggregate base course will be installed at the project site gate on Mililani
Street. The approximate driveway location and dimensions are shown on the
Excavation Site Plan (Appendix D). The purpose of the loading driveway is to
provide a dean rock surface for truck tires, so that no soil from DU1 will be retained
on tire sidewalls or treads.
To construct the driveway, all DU1 soil will be removed from the driveway footprint
limits, down to the native lava substrate, and placed aside for later loading into
trucks. Clean rock will be placed on the substrate and compacted to provide a
durable bearing surface for haul trucks. The driveway will be maintained in a
serviceable condition throughout the project duration.
After all excavation and hauling work is completed, the driveway rock will be
excavated to the native lava substrate and disposed of at the West Hawaii Sanitary
Landfill.
3.7 Transporting Category D Soil to Disposal Site
Excavated material from DU1 will be transported from the project site to the West
Hawaii Sanitary Landfill in 10-20 cubic yard capacity trucks with covers. Covers
will be close -fitting and of suitable material to prevent excursion of the soil from the
truck bed while traveling at highway speeds.
Loaded trucks leaving the project site will have no visible soil residue on tires, rims,
or any exterior part of truck body.
Truck traffic on Kekuanaoa and Mililani streets will be limited to 15 mph for loaded
trucks.
3.8 Soil Disposal at West Hawaii Sanitary Landfill
Disposal at the landfill will be in accordance with Waste Management, Inc.
requirements. Documentation for approval for disposal is provided in Appendix G.
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Waste Management, Inc. requires that a copy of the documentation for approval
for disposal must accompany each load received at the landfill (Appendix G).
The property owner will employ a qualified environmental professional as site
manager to maintain continuous monitoring and a record of the loading and
departure of each loaded truck. Each loaded, departing truck will be logged
according to vehicle registration number, driver name, and time of departure from
the site. Drivers will be instructed to follow all Waste Management. Inc.
requirements at the landfill. Drivers will retain a copy of the weigh ticket provided
by Waste Management, Inc., and will submit the weigh ticket to the site manager
at the end of each working day.
Category D soil from DU1 will only be disposed at the West Hawaii Sanitary
Landfill, in strict accordance with this Pre -con EHMP, and as approved by Waste
Management, Inc.
3.9 Covering Final Exposed Substrate with Clean Fill (to be determined)
Confirmational sampling following all excavation activities will determine whether
covering of the final exposed substrate is necessary. If residual soil remains for
DU1 after excavation activities, Multiple Increment Sampling (MIS) will be
conducted in accordance with the HDOH Technical Guidance Manual to determine
the concentration of arsenic in the soil.
A Confirmational Sampling Plan will be prepared and submitted to HEER Office
for review and final approval prior to conducting sampling. Analytical results will
be provided to NEER Office.
If laboratory analyses indicate Category A or B concentrations of arsenic in the
residual soil of DU1, no further action is required, and the exposed substrate will
serve as the finished surface.
If laboratory analyses indicate Category C or D concentrations of arsenic in the
residual soil of DW, then DU1 will be capped with a 12 -inch compacted layer of
3/4 -inch clean aggregate base -course. Prior to placement of aggregate, a grid of
metallic warning tape will be placed on the exposed substrate of DU1. Warning
tape will be placed in a grid pattern spaced at 10-20 feet increments. The planned
future surface of DU1 is impermeable pavement, and the 12 -inch compacted
aggregate is intended to meet engineering specifications to support future
development.
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f there is no residual soil for DUI following excavation activities (i.e., only native
lava substrate of rock and coarse granular fragments) then MIS is not applicable,
and no further action is required, and the exposed substrate will serve as the
finished surface.
4.0 Institutional Controls and Implementation; Category D Soil Post -Removal
Institutional controls are legal or administrative measures designed to prevent
exposure to contaminants through laws, rules, permits, requirements, contracts,
warnings, or advisories. Institutional controls can also restrict land use and on-site
activity to reduce the potential for exposure.
Approximately 2625 cubic yards of Category C soil will remain on the property as
part of implementation of the recommended Alternative 4. This soil will remain
isolated in situ, under vegetation cover (DU2) and overlying soil (DU7 Deep), until
development is proposed and implemented at a future date.
The post-removal status of soil in DM will be determined as described in sections
above.
Institutional controls for the management of Category C soils and any residual
Category C or D soils in DU1 will be documented in a Site-specific EHMP (Site
EHMP) to prevent exposures or disturbances to Category C or D soils until soils
are further managed under future site development.
The Site EHMP will be prepared within 90 days of completion of this soil removal
action. In the future, the Site EHMP will be updated for long-term management of
Category C or D soils once soils are in a final containment area.
Future additional containment and long-term management of C or D soils that will
remain on-site will be the subject of later regulatory engagement with NEER Office
and in accordance with an updated Site-specific EHMP.
The HEER Office will provide oversight to ensure this removal action is conducted
as planned. HEER Office will not issue a "No Further Action with Institutional
Controls" letter to the owner of the property until the Site EHMP is approved by
NEER Office. The "No Further Action with Institutional Controls" letter will address
the interim management of the Category C arsenic -contaminated soils planned to
be left on the site (DU2 and DU7 Deep), and require a land use restriction for
commercial use only.
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5.0 Exposure Management
A licensed, insured and qualified excavation contractor will be utilized for this soil
removal action. The contractor will be required to follow Hawaii Department of
Labor and Industrial Relations Occupational Safety and Health (HIOSH)
requirements. HIOSH requirements may include but are not limited to the use of
personal protective equipment (PPE). As a minimum, PPE will include: suitable
foot -wear, clothing, and gloves to minimize risk of skin exposure to arsenic; face -
masks that completely cover the nose and mouth and which can filter airborne
particles to 10 micron (10-6 meter) size; eye -wear that protects from airborne dust
or larger particles. Workers will be directed to don PPE prior to start of work that
disturbs contaminated soils. The contractor will be required to prepare a site
specific safety and health plan that will detail PPE level and type appropriate to
each task.
Site access will be limited to the contractor and authorized representatives of
Island Naturals Properties, LLC, for the duration of the work. The 6 -foot temporary
construction fence shall be of adequate quality and construction so as to prevent
access by the general public. The fence shall extend around the entire perimeter
of DU1 and shall have a single point of access gate located at the driveway on
Mililani Street. The gate will remain under observation during each working day,
and will be secured with a lock and chain at the end of each working day.
Twenty -four-hour security is not considered necessary. The site is in an area of
high population density of mixed commercial/residential development in downtown
Hilo, and is highly visible from the major thoroughfare of Kekuanaoa Avenue.
A safety brief will be provided to all contractor employees. The safety brief will be
provided by the qualified environmental professional employed by the property
owner as site manager. The safety brief will contain information on arsenic
chemistry, environmental mobility, physiological effects of arsenic exposure,
exposure risks and risk management, and PPE. Each employee will be advised
that smoking or eating on-site during soil excavation work, or touching soil with
bare hands, is to be avoided. Each employee will be advised that after leaving the
work area workers should remove PPE immediately, rinse with fresh water, and
store PPE on-site. Each employee will be advised to wash hands and faces with
soap and water at the completion of each work day. Each employee will be
required to sign an attendance form at the safety brief.
A copy of this Pre -con EHMP will be made available to all contractor employees
for review and reference.
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6.0 Conclusions
Hilo property TMK (3) 2-2-30:17 & 19 is vacant land with Category B, C and D soils
according to Hawaii DOH criteria for arsenic contamination. The sole Recognized
Environmental Condition for the property is arsenic -impacted soils. Alternative 4
is the Hawaii DOH NEER Office approved alternative to achieve Category C and
D soils management objectives in a cost-effective manner (Final Removal Action
Report, 2018).
Excavation of Category D soils from DU1 with disposal at the RCRA-compliant
West Hawaii Sanitary Landfill, combined with in situ isolation of C soils from DU2
and DU7 Deep, represent a technically sound management scenario. When these
actions are managed through this NEER Office approved Pre -con EHMP and the
Site EHMP, Alternative 4 will effectively reduce risk of arsenic exposure in human
and ecological receptors in the short- and long-term.
The completion of this soil removal action will transform a present-day un-
productive parcel of land in downtown Hilo into an economic advantage for the
community, and will eliminate the present-day unmanaged risk of arsenic exposure
in human and ecological receptors.
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7.0 References
Center for Disease Control and Prevention. 2011. Pica Behavior and
Contaminated Soil.
Engott, J.A. 2011. A water -budget model and assessment of groundwater
recharge for the Island of Hawaii: U.S. Geological Survey Scientific Investigations
Report 2011-5078, 53 p.
Final Removal Action Report. 2018. Nimbus Environmental Services, Hilo,
Hawaii, 98 p.
Hawaii Department of Health. Summer 2016 rev. Nov 2016. EAL Surfer.
Hawaii Department of Health Fall 2011 rev. Jan 2012. Evaluation of Environmental
Hazards at Sites with Contaminated Soil and Groundwater, 162 p.
Hawaii Department of Health. 2012. Update to Soil Action Levels for Inorganic
Arsenic and Recommended Soil Management Practices. Office of Hazard
Evaluation and Emergency Response, 37p.
Hawaii Department of Health. 2014. Technical Guidance Manual for the
Implementation of the Hawaii State Contingency Plan (updated 2018), 1165 p.
Mink, J.F. and L.S. Lau. 1993. Aquifer identification and classification for the
Island of Hawaii: groundwater protection strategy for Hawaii. Honolulu (HI): Water
Resources Research Center, University of Hawaii at Manoa. WRRC Technical
Report 191, 108 p.
Phase I ESA Update. 2017. Nimbus Environmental Services, Hilo, Hawaii, 340
P.
State of Hawaii. 1963. Closing of Flintkote Company, Canec Division, Hilo,
Hawaii: Department of Planning and Economic Development, 13 p.
Takasaki, K.J. 1993. Ground water in Kilauea Volcano and adjacent areas of
Mauna Loa Volcano, Island of Hawaii: U.S. Geological Survey Open -File Report
93-82, 28 p.
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8.0 Signatures and Certification Statement
Pre -con EHMP preparers:
Peter J. Peshut, PhD
Environmental Scientist
Nimbus Environmental Services
Edna L. Buchan, MSc
Proprietor, Environmental Scientist
Nimbus Environmental Services
01 July 2019
Date
01 July2019
Date
PRE -CONSTRUCTION EHMP
TMK (318230: 17
H/LO, HAWAII
Environmental Professional Certification:
We declare that to the best of our professional knowledge and belief we each meet
the definition of Environmental Professional as defined in 40 CFR § 312.10(b).
The Environmental Professionals who directed this project have the specific
qualifications based on education, training, and experience to assess a site of the
nature, history and setting of TMK (3) 2-2-30:17 & 19. The professional
qualifications of Dr. Peshut and Ms. Buchan are included in Appendix K. Dr.
Peshut and Ms. Buchan have developed and conducted the All Appropriate
Inquires in conformance with the standards and practices set forth in 40 CFR Part
312.
Peter J. Peshut, PhD
Environmental Scientist
Nimbus Environmental Services
Edna L. Buchan, MSc
Proprietor, Environmental Scientist
Nimbus Environmental Services
131 Page
01 July2019
Date
01 July 2019
Date
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DAVID Y..IGE
GOVRIINCR OF HAWAII
Mr. Rahul Godbole
Island Naturals Market and Deli
1221 Kilauea Ave., #170
Hilo, Hawaii 96720
Facility/Site: Old Hilo Canec Plant
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378
HONOLULU, HI 96801-3378
September 3, 2020
BRUCE S. ANDERSON, PII.D.
WEO1tR or,fAL1N
L JN.Naae,ra„>. RIX178585 LC
Subject: Review of: Pre -Construction Environmental Hazard Management Plan for
TMK (3) 2-2-030:0147, Excavation and Disposal of Category C Soil (DU -
2) dated September 2, 2020 by Nimbus Environmental Services.
Dear Mr. Godbole:
The Hawaii Department of Health (HDOH), Hazard Evaluation and Emergency
Response (NEER) Office has reviewed the indicated document and has no comments
at this time. Please proceed with implementation of the Plan.
Should you have any questions concerning the above, please feel free to contact me at
lauren.cruzadoh.hawaii.gov or (808) 586-0956.
Sincerely,
IXIXIXIXINIXIXIXIXIIXIIXwmCna
Lauren CruzDate 2020.09.04 aktel9IXota
Lauren Cruz
Remedial Project Manager
Hazard Evaluation and Emergency Response Office
e -cc: Mr. Peter Peshut, Nimbus Environmental Services
EXHIBIT B
Harty KimMayor
West Hawaii Office
74-5044 Me Kmlolmlole Hwy
Kellen -Kona, Hawaii 96740
Phone (808) 323-4770
Fax (808) 327-3563
May 15, 2019
County of Hawaii
PLANNING DEPARTMENT
Mr. Peter I. Peshut, PhD
Nimbus Environmental Services
P.O. Box 72
Hilo, HI 96721
Dear Mr. Peshut:
Michael Yee
Director
Duane Kanuha
Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Phone (808)961-8288
Fax(808)961-8742
SUBJECT: Special Management Area Use Permit Assessment Application No. 19-001676
Applicant: Island Naturals Properties, LLC
Request: Excavation and Removal of Surface Soils Containing Arsenic
Tax Map Kev: (3) 2-2-030:017, Waiakea, South Hilo, Hawaii
We have reviewed the subject Special Management Area Use Permit Assessment Application
SAA 19-001676), submitted on April 12, 2019 and resubmitted with the valuation on
April 26, 2019. The subject property is 191,910 square feet in size and is situated within the
State Land Use Urban district and the County's Resort -Hotel (V-.75) and a portion in General
Commercial (CG -7.5) zoning districts. The entire property is within the Special Management
Area (SMA).
The applicant is proposing to excavate and remove surface soils that have been contaminated
with arsenic as approved within the Final Removal Action (FRA) Report from the Department of
Health -Hazards Evaluation and Emergency Response Office (DOH -NEER). This review is
limited to the actions required under the FRA Report. The valuation of the proposed actions is
312,825.
Special Management Area Determination:
According to Hawaii Revised Statutes (HRS) §205A-22, and Planning Commission (PC) Rule
No- 9-4 (e)(1)(E) relating to Special Management Area (SMA), "Placement or erection of any
solid material or any gaseous, liquid, solid or thermal waste" and "Grading, removing,
www.hiplanninedmtcor Hawaii County u an Equal Opportune Provider and Employer
NAY ] 5 2019
EXHIBIT C
Mr. Peter J. Peshut, PhD
Nimbus Environmental Services
May 15, 2019
Page 2
dredging, mining, or extraction of any materials," is defined as "development." Normally, the
extraction of material would be considered "development" and would require the issuance of a
SMA Minor Permit.
In this case, the Hawai`i Revised Statutes, Section 128D-23 exempts state or county permits for
the proposed remedial action as long as it is carried out in compliance with the HRS chapter, as
stated by the following:
1280-23 Exemption from state and county permits. No state or county permit shall be
required for the portion of any removal or remedial action conducted entirely on site where such
response action is carried out in compliance with this chapter, or where such removal or remedial
action is in response to a release of a hazardous substance or pollutant or contaminant that
occurred in or on the coastal waters of the State and such removal or remedial action is carried
out in compliance with this chapter, the National Contingency Plan, or at the direction of a
federal or state on -scene coordinator
Based on the above, we find that the proposed actions are being conducted in compliance with
State Law and is exempt from further SMA review. The applicant is responsible for complying
with all requirements of the Final Removal Action Report approved by the State Department of
Health -Hazards Evaluation and Emergency Response Office (DOH-HEER).
We are enclosing the receipt for your records. If you have questions, please contact Jeff Darrow
of this office at (808) 961-8158.
Sincerely,
MICHAELY
Planning Director
IWD:mad
P1wpwin60\CZM1SMAA12019\SAA 19-1676 Island Naturals Propenies.doc
Enclosure: Receipt for Filing Fee
DAVIO T. IGE
GC..P."OtOi FAWN
Mr. Rahul Godbole
Island Naturals Market and Deli
1221 Kilauea Ave., #170
Hilo, Hawaii 96720
STATE OF HAWAII
DEPARTMENT OF HEALTH
P. O. 80X 3378
HONOLULU, HI 96801-3378
January 5, 2021
Facility/Site: Old Hilo Canec Plant — Tax Map Key Number (3) 2-2-030:017
Subject: No Further Action with Institutional Controls Determination
Dear Mr. Godbole:
ELIZABETH A. CHAR, 6LG.
MEOWS OF REJ.Th
In reply, please refer b'
ae178343 LC
The Hawaii Department of Health (HD011), Hazard Evaluation and Emergency Response
NEER) Office is providing a No Further Action with Institutional Controls determination letter
for Tax Map Key Number (3) 2-2-030:017, which is a portion of the 'Old Hilo Canec Plant. The
institutional controls required to be maintained are detailed in the list below, and is detailed in
the December 17, 2020 Long-term, Site Specific Environmental Hazard Management Plan
EHMP) document for Parcel 017.
1. Commercial or industrial land use only.
2. The cap that covers the residual contaminatedsoil within Decision Unit (DU) 1 will be
maintained.
3. Any residual contaminated soil encountered on the parcel, must be managed in
accordance with the EHMP.
4. Should activities occur that may disturb the residual soil within DU1 or DU2, HDOH
must be contacted to determine whether a Construction EHMP is necessary.
5. Inspection reports are to be submitted to HDOH on an annual basis. These reports are to
include the overall condition of the site cap, identification of any breaches or necessary
repairs, and any changes in site use or activities or planned construction.
The former Hilo Canec Plant was located in the area in which the parcel is located. Due to the
historic operations conducted at the Hilo Canec Plant, the soil on the parcel was impacted with
arsenic. A site assessment was conducted, and bio -accessible arsenic was identified at
concentrations above the HDOH Environmental Action Level (EAL) for commercial/industrial
land use within DU 1 and above the HDOH EAL for unrestricted land use, but below the EAL
for commercial/industrial land use within DU 2.
Between February and November 2020, approximately 4,710 cubic yards of arsenic -impacted
soil was removed from DU I and. DU 2. The soil was excavated down to fractured basalt and
EXHIBIT D
Mr. Rahul Godbole
January 5, 2021
Page 2
only minimal residual soil remains within each DU. While bio -accessible arsenic is present at
concentrations that require long-term management of the residual soil, due to the removalof the
principal mass of contamination, HDOH no longer believes that placement of an environmental
covenant on the deed of the property is warranted. The residual soil is able to be managed on-site
using both institutional and engineering controls, which includes a site-specific EHMP.
Should the controls be violated in any way, the NFA IC determination becomes null and void
and an appropriate response action will be required of the responsible party. To maintain
protection through future property ownerships, disclosure of the institutional controls is also
required in property transfers, unless additional actions are taken and approved by HDOH which
remove the required controls. Furthermore, should future information reveal that contaminant
exposure at the above-mentioned site is a threat to public health, the environment, or natural
resources, HDOH will require a response action to be taken as soon as possible.
Should you have any questions concerning the above, please contact Lauren Cruz, Remedial
Project Manager, at (808) 586-0956 or lauren.cruz@doh.hawaii.gov. doh.hawaii.gov.
Sincerely,
Fenix-Firange
511pervisor, Site Discovery, Assessment, and Remediation Section
Hazard -Evaluation and Emergency Response Office
e -cc: Mr. Peter Peshut, Nimbus Environmental Services
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
xemortastou l:
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Divisiq
CUH PLANNING DEPT
FEB 17 2021 PH3:45
REC'D HAND DELIVERE
DATE: February 17, 2021
SUBJECT: CONCURRENCE WITH HRS CH. 343 DECLARATION OF EXEMPTION
Special Management Area Use Permit Application (SMA -21-000079)
Applicant: Island Naturals Properties, LLC
TMK: 2-2-030:017
We have reviewed the subject request forwarded by your memo dated February 10, 2021
and provide the following:
Since the required improvements for the proposed commercial center will occur within an
already improved government right-of-way, the improvements would have minimal or no
significant effect on the environment. Furthermore, the proposed improvements are
intended to serve a project where:
a) a comprehensive analysis with respect to its environmental, social, cultural, and
infrastructural issues will been done and submitted in conjunction with the
subject application; and
b) there will be ample opportunity for the public to comment on the basic
application itself, which includes the design of the project, through hearings
before the Windward Planning Commission and County Council.
Thus, we conclude that the infrastructure improvements needed to service the project, if
constructed within the existing government right-of-way, would be considered "actions"
that are "exempt" pursuant to General Type #4 (2)(13), as identified in the Department of
Public Works' "Comprehensive Exemption List", dated September 1, 2015, AmendedOctober5, 2020,
Questions may be referred to Robyn Matsumoto at 961-8924.
County or Hnwaii is an Equal OpptvW nity Provider and Employer i a98G3
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
TO: Zendo Kern, Planning Director
COG PLINKING DEP
HP 222021 7:5
RECD '.ND DELILUERE
DATE: March 19, 2021
FROM: Department of Public Works, Engineering Divisiop ///\
SUBJECT: Special Management Area Use Permit Application (SMA -21-000079)
Applicant: Island Naturals Properties, LLC
Request: To Allow for the Development of a Commercial Center
TMK: 2- 2-030:017
We have reviewed the subject request forwarded by your memo dated February 18, 2021
and provide the following:
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500 -year floodplain.
All development generated runoff shall be disposed of on-site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared, and the
recommended drainage system shall be constructed meeting with the approval of the
Department of Public Works (DPW).
The Zoning Map classifies Kekuanaoa Street as a secondary arterial with an existing
right-of-way width of 60 feet fronting parcel 017. To preserve its functional classification,
we recommend marginal access from Kekuanaoa Street. The proposed
right turn in/right turn out only driveway movements on Kekuanaoa as shown on Figure 3,
are deemed to be acceptable.
In order to avoid traffic backing up on Kekuanaoa Street heading east, we recommend
the installation of a left tum lane at the intersection of Kekuanaoa Street and Mililani
Street. Applicant may submit a traffic impact analysis report to justify not needing a left
tum lane.
All earthwork and grading shall conform to Chapter 10 — Erosion and Sedimentation
Control — of the Hawaii County Code.
Construction within the County right-of-way shall comply with Hawaii County Code,
Chapter 22, County Streets.
Planning Dept.
Questions may be referred to Robyn Matsumoto at 961-8924. Exhibit 2
County of Hawaii is an Equal opponundy Provider and Employer 140575
TO:
FROM:
StUR,IECT:
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'l 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
March 4, 2021
Mr. Zendo Kern. Director
Planning Department
Keith K. Okamoto. Manager -Chief Engineer
Special Management Area Use Permit (SMA 21-000079)
Applicant — Island Naturals Properties, LLC
Request — To Allow for the Development of a Commercial Center
Tax Map Key 2-2-030:017
0011 PLANNN? DEP
FAR 5 2021 Psi2:e
RECO HAND DELIUERE
We have reviewed the subject application and have the following comments and conditions.
Water can be made available from an existing 6 -inch waterline within Kekaanab'a Street and an
existing 6 -inch waterline within Mililani Street, which both front the subject parcel, in accordance with
the Department's existing water availability conditions, which are subject to change without notice.
The Department requests that the applicant submit estimated maximum daily water usage calculations
for the proposed development for review and approval. The water usage calculations shall be prepared
by a professional engineer, licensed in the State of Hawaii, and should include the estimated peak
flow in gallons per minute (GPM) and the total estimated maximum daily water usage in gallons per
day. including all irrigation/landscaping use.
lJpon receipt of the water usage calculations above, the Department will make a determination as to
the water commitment deposit amount and prevailing facilities charge (subject to change) to be paid, if
necessary. Based on the water demand calculations, the Department will determine the appropriate
service lateral and meter size required.
The proposed use will require the installation of a reduced pressure type backflow prevention assembly
within five (5) feet of the meter on private property. If a larger or additional meter is required. a
backflow prevention assembly will also be required for that meter. The installation of the backflow
prevention assembly must be inspected and approved by the Department before the
commencement/continuation of water service.
Please be informed that the existing 6 -inch waterlines within Kekaanaa'a Street and Mililani Street are
both inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per the
Department's Water System Standards. Planning Dept.
Exhibit
Water, Our fYfost Precious (Resource ... 7(1 `WalI4 KKdne .. .
The Depadment or Water Supply is an Equal opportunity provider and employer 14039
Mr. Zendo Kern. Director
Page 2
March 4. 2021
Should there he any questions, please contact Mr. Troy Samura of our g'r'ater Resources and Planning
Branch at 961-8070. extension 255.
Sincerely yours.
Keith K. Okamoto, P.E.
Manager -Chief Engineer
7S:dm.l
copy — Island Naturals Properties. LLC
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao'a Street, Suite 41 . Hilo, Hawaii 96720
Ph: (808) 961-8083 • Fax: (808) 961-8086
Email: cohdem@hawaiicounty.gov
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi 1. Mansour, Director
Department of Environmental Management
DATE: March 2, 2021
SUBJECT: Special Management Area Use Permit (SMA 21-000079)
Applicant: Island Naturals Properties, LLC
Request: To Allow for the Development of a Commercial Center
Tax Map Key: (3) 2- 2-030:017
Ramzl1. Mansour
Director
Brenda D. lokepa-Moses
Deputy Director
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
No comments.
X) Commercial operations, State and Federal agencies, religious entities and non-profit
organization may not use transfer stations for disposal.
X) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
X) Ample and equal room should be provided for rubbish and recycling.
X) Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawai`i Organics Facility, or other suitable diversion
programs.
X ) Construction and demolition waste is prohibited at all County Transfer Stations.
X) Submit Solid Waste Management Plan in accordance with attached guidelines.
Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
Other:
County of Hawaii is an Equal Opportunity Provider and Employer
fanning Dept.
Exhibit 1F
140394
Page 2
The Wastewater Division has reviewed the subject application and offers the following
comments andlor recommendations (contact the Wastewater Division for details):
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 Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawaii County Code. Complete Sewer Extension Application.
Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawai`i County Code.
Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management ("Director of DEM"), [ X ] applicant shall conduct a sewer
study in accordance with the then applicable wastewater system design standards prior to
approval to connect to the County sewer system. Applicant shall provide such sewer line
or other facility improvements as the Director of DEM may reasonably require, which the
sewer study may indicate are advisable for mitigation of impacts of the proposed project.
Contact Wastewater Division Chief for details.
Other:
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
January 29, 2021
County of Hawaii
Ramzi I. Mansour
Director
Brenda D. lokepa-Moses
Deputy Director
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 KekOanao a Street, Suite 41 Hilo, Hawaii 96720
Ph: (808) 961-8083 , Fax: (808) 961-8086
Email: cohdem@hawaiicounty.gov
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
This is to establish guidelines for reviewing Solid Waste Management Plans, for which special
conditions arc placed on developments. The Solid Waste Management Plan will he used to: (1)
promote and implement recycling and recycling programs. (2) pre(lict the waste generated by
the proposed development to anticipate the loading On County Solid Waste Management
Facilities, and (3) predict the additional vehicular traffic being generated because of waste and
recycling transfers. A State of I lawai'i licensed engineer shall prepare a suitable Solid Waste
Management Plan for review by the Department of Environmental Management.
REPORT
The Solid Waste Management Plan will contain the Ibllowing:
1. Description of the project and the potential waste it may be generating: i.c. analysis of
anticipated waste volume and composition. This includes waste generated during the
construction and operational or maintenance phases. Waste types shall include (hut not be
limited to):
A. Organics (including food waste and green wastes):
13. Construction and Demolition materials:
C. Paper (including cardboard);
11 Metal (including ferrous and non-ferrous metals).
li. Plastic;
F. Special (including ash. sludge. treated medical waste. bulky items. tires):
G. Hazardous (including paint. vehicle fluids, oil. batteries); and
11. Glass.
2. Indicate onsite source separation by waste type; i.e. source separation bins for
glass. metal, plastic, cardboard, aluminum. etc. Provide ample and equal space ler
rubbish and recycling.
Comity ori I. i 1. an Pquul1 ryrymnunn. lim do and ill a%
Solid Waste Management Plan Guidelines
Page 2 of 2
3. Identification and location of the proposed waste reduction, waste re -use, recycling
facility or disposal site and associated transportation methods for the various
components of the development's waste management system, including the number of
vehicle movements and associated routes that will be used to transport the waste and
recycled materials.
4. The report will include identification of any impacts to County -operated waste
management facilities, and the appropriate mitigation measures that will be implemented
by the development to minimize these impacts.
5. Analysis will be based on the highest potential use or zoning of the development.
REQUIREMENTS AND CONDITIONS
1. A Solid Waste Management Plan will be prepared for all commercial developments, as
defined under the policies of the Department of Environmental Management, Solid
Waste Division.
2. The Department of Environmental Management will require the developer to provide or
resolve all recommendations and mitigation measures as outlined in the solid waste
management plan; besides any conditions placed on the applicant herein.
3. A State of Hawaii licensed engineer will draft and certify in writing the Solid Waste
Management Plan as complying with applicable Federal, State and County of Hawaii
Solid Waste Laws, Regulations, and Administrative Rules.
Should you require additional information, please contact Greg Goodale, Solid Waste
Division Chief, at (808) 961-8515.
CONCUR:
rrg
Ramzi 1. Mansour
DIRECTOR
County of Hawaii is an Equal Opponunny Provider and Employer.
Mitchell D. Roth
Mayo
Lee E. Lord
Managing Director
February 23, 2021
QCountp of 3aboai`i
HAWAII FIRE DEPARTMENT
25 Aupuni Simi • Suite 2501 • Hilo, Hawaii 96720
808) 932-2900 • Fax (808) 932-2928
TO: ZENDO KERN, PLANNING DIRECTOR
FROM: ROBERT R. K. PERREIRA, ACTING FIRE CHIEF
SUBJECT: Special Management Area Use Permit (SMA 21-000079)
Applicant: Island Natural Properties, LLC
Request: To Allow for the Development of a Commercial Center
Fitness Facility
ax Map Key: 2- 2-030:017
Robert R.K. Perreira
Acting Fire Chief
CQ:i PLMNI`'1G DEE
F.^c 26 2021 p42::
REC'D BY EMF
In regard to the above-mentioned request, the following shall he in accordance:
NFPA 1, UNIFORM FIRE CODE, 2006 EDITION
Note: Halvah Stale Fire Code, National Fire Protection Association 2006 version, with C'ounh.
al !korai 9 amendments. County amendments are identified with a preceding "C—" of the
reference code.
Chapter 18 Fire Department Access and Water Supply
18.1 General. Fire department access and water supplies shall comply with this chapter.
For occupancies of an especially hazardous nature, or where special hazards exist in addition to
the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or
areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ
may require additional safeguards including, but not limited to, additional fire appliance units,
more than one type of appliance, or special systems suitable for the protection of the hazard
involved.
18.1.1 Plans.
18.1. 1. 1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the
fire department for review and approval prior to construction.
arming Dept.
xhibit g
Hoanr'1 Count icon Equal Opportmuty Proc'ukr mrd Employer. 140140
M1
Zendo Kem, Planning Director
February 23, 2021
Page 2 of 9
18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be
submitted to the fire department for review and approval prior to construction.
C— 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate
any Fire hydrant unless such person first secures permission or a permit from the owner or
representative of the department, or company that owns or governs that water supply or system.
Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or
maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau
personnel.
18.2 Fire Department Access.
18.2.1 Fire department access and fire department access roads shall be provided and maintained
in accordance with Section 18.2.
18.2.2* Access to Structures or Areas.
18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access boxes) to be
installed in an accessible location where access to or within a structure or area is difficult
because of security.
18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to
require fire department access be provided to gated subdivisions or developments through the
use of an approved device or system.
18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire
department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is
modified in a manner that could prevent fire department access.
18.2.3 Fire Department Access Roads. (*may be referred as FDAR)
18.2.3.1 Required Access.
18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building,
or portion of a building hereafter constructed or relocated.
18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes,
or a combination thereof.
18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports,
sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are
present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the
AHJ.
Zendo Kern, Planning Director
February 23, 2021
Page 3 of 9
18.2.3.1.4 When fire department access roads cannot be installed due to location on property,
topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be
authorized to require additional fire protection features.
18.2.3.2 Access to Building.
18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one
exterior door that can be opened from the outside that provides access to the interior of the
building. Exception: I and 2 single-family dwellings.
18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NFPA 1 3D, or NFPA 13R, the distance in
18.2.3.2.1 shall be permitted to be increased to 300 feet.
18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or
any portion of an exterior wall of the first story of the building is located not more than 150 ft
46 m) from fire department access roads as measured by an approved route around the exterior
of the building or facility.
18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NFPA 1 3D, or NFPA 1 3R, the distance in
18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m).
18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided
when it is determined by the AHJ that access by a single road could be impaired by vehicle
congestion, condition of terrain, climatic conditions, or other factors that could limit access.
18.2.3.4 Specifications.
18.2.3.4.1 Dimensions.
C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved
turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family
dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than
20 feet wide within 150 feet of the structure being protected. An approved turn around area shall
be provided if the FDAR exceeds 250 feet.
C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in.
C— 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHI, provided such
increase or reduction does not impair access by the fire apparatus, and approved signs are
installed and maintained indicating such approved changes.
C-18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are
not adequate to accommodate fire apparatus.
Zendo Kern, Planning Director
February 23, 2021
Page 4 of 9
18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and
maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall
he comprised of an all-weather driving surface.
18.2.3.4.3 Turning Radius.
C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside coming radius of 30
feet, and a minimum outside tuming radius of 60 feet.
18.2.3.4.3.2 Tums in fire department access road shall maintain the minimum road width.
18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 fl (46 m) in
length shall be provided with approved provisions for the fire apparatus to turn around.
18.2.3.4.5 Bridges.
18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall
be constructed and maintained in accordance with county requirements.
18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of
tire apparatus.
18.2.3.43.3 Vehicle load limits shall be posted at both entrances to bridges where required by
the AH1.
18.2.3.4.6 Grade.
C— 18.2.3.4.6.IThe maximum gradient of a Fire department access road shall not exceed 12
percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a
Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum
gradient of such area(s) shall not exceed 10 percent.
18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road
shall not exceed I ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the lire
apparatus of the fire department, and shall be subject to approval by the AHJ.
18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb
cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane.
18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be
approved the AHJ.
18.2.3.5 Marking of Fire Apparatus Access Road.
Zendo Kern, Planning Director
February 23. 2021
Page 5 of 9
18.2.3.5.1 Where required by the A141, approved signs or other approved notices shall be
provided and maintained to identify fire department access roads or to prohibit the obstruction
thereof of both.
18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane.
18.2.4* Obstruction and Control of Fire Department Access Road.
18.2.4.1 General.
18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any
manner, including by the parking of vehicles.
18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be
maintained at all times.
18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or
impede accessibility for fire department operations.
18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and
barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles.
18.2.4.2 Closure of Accessways.
18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or
other approved barricades across roads, trails, or other accessways not including public streets,
alleys, or highways.
18.2.4.2.2 Where required. gates and barricades shall be secured in an approved manner.
18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the
manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the
owner and the AHJ.
18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted
property identified in 18.2.4.2.1.
18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been
installed by the fire department or by its order or under its control shall not be removed,
unlocked, destroyed, tampered with, or otherwise vandalized in any manner.
Zendo Kern, Planning Director
February 23, 2021
Page 6 of 9
18.3 Water Supplies and Fire Hydrants
18.3.1* A water supply approved by the county, capable of supplying the required fire flow for
fire protection shall be provided to all premises upon which facilities or buildings, or portions
thereof, are hereafter constructed, or moved into or within the county. When any portion of the
facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus
access road, as measured by an approved route around the exterior of the facility or building, on-
site fire hydrants and mains capable of supplying the required fire flow shall be provided when
required by the AEU. For on-site fire hydrant requirements see section 18.3.3.
EXCEPTIONS:
1. When facilities or buildings, or portions thereof, are completely protected with an
approved automatic fire sprinkler system the provisions of section 18.3.1 may be
modified by the AHJ.
2. When water supply requirements cannot be installed due to topography or other
conditions, the AHJ may require additional fire protection as specified in section 18.3.2
as amended in the code.
3. When there are not more than two dwellings, or two private garages, carports, sheds and
agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ.
18.3.2* Where no adequate or reliable water distribution system exists, approved resennirs,
pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable
of providing the required fire flow shall be permitted.
18.3.3* The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be provided on a fire apparatus access road on the site of
the premises or both, in accordance with the appropriate county water requirements.
18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the
fire department.
18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25
or county requirements as detemrined by the AHJ.
18.3.6 Where required by the A1-11, fire hydrants subject to vehicular damage shall he protected
unless located within a public right of way.
18.3.7 The AH1 shall be notified whenever any fire hydrant is placed out of service or returned
to service. Owners of private property required to have hydrants shall maintain hydrant records
of approval, testing, and maintenance, in accordance with the respective county water
requirements. Records shall be made available for review by the AHJ upon request.
Zendo Kern, Planning Director
February 23, 2021
Page 7 of 9
C- 18.3.8 Minimum water supply for buildings that do not ineet the minimum County water
standards:
Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for
Firefighting.
Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for
Firefighting.
Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for
Firefighting.
Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow
requirements.
Multiple story buildings shall multiply the square feet by the amount of stories when determining
the minimum water supply.
Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water
standards shall double the minimum water supply reserved for firefighting.
Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)-
6) of this code.
NOTE: In that water catchment systems arc bcinp, used as a means of water supply for
firefighting, such systems shall meet the following requirements:
1) In that a single water tank is used for both domestic and firefighting water, the water for
domestic use shall not be capable of being drawn from the water reserved for firefighting;
2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection
FDC) shall be as follows:
a) 4" for C900 PVC pipe;
b) 4" for C906 PE pipe;
c) 3" for ductile Iron;
d) 3' for galvanized steel.
3) The Fire Department Connection (FDC) shall:
a) be made of galvanized steel;
b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap;
c) be located between 8 ft and 16 ft from the Fire department access. The location shall be
approved by the AHJ;
Zendo Kem, Planning Director
February 23, 2021
Page 8 of 9
d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as
measured from the center of the FDC orifice,
e) be secure and capable of withstanding drafting operations. Engineered stamped plans
may be required;
I) not be located more than 150 feet of the most remote part, but not less than 20 feet. of the
slmcture being protected;
g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code.
4) Commercial buildings requiring a fire (low of 2000gpm shall be provided with a second
FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing
500gpm by engineered design standards. The second FDC shall he located in an area
approved by the AFIJ with the idea of multiple Fire apparatus'conducting drafting operations
at once, in mind.
5) Inspection and maintenance shall be in accordance to NFPA 25.
6) The owner or lessee of the property shall be responsible for maintaining the water level,
quality, and appurtenances of the system.
EXCEPTIONS TO SECTION 183.8:
I) Agricultural buildings, storage sheds. and shade houses with no combustible or equipment
storage.
2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access
Road requirements.
3) For one and two family dwellings, agricultural buildings, storage sheds, and detached
garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access
Road requirements, the distance to the Fire Department Connection may be increased to 1000
feet.
4) For one and two family dwellings, agricultural buildings, and storage sheds greater than
2000square feet, but less than 3000 square feet and meets the minimum Fire Department
Access Road requirements, the distance to the Fire Department Connection may be increased
to 500 feet.
Zendo Kern. Planning Director
February 23, 2021
Page 9 of9
5) For buildings with an approved automatic sprinkler system, the minimum water supply
required may be modified.
If there are any questions regarding these requirements, please contact Assistant Fire Chief Ian
Smith at (808) 932-2907.
ROBERT R. K. FERREIRA
Acting Fire Chief
RRKP:cf
DAVID Y. IGE
MEMORANDUM
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.0. 80%916
H-00. 1-11 967214916
DATE: April 6, 2021
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Special Management Area Use Permit (SMA 21-000079)
Applicant: Island Natural Properties. LLC
Request: To Allow for the Development of a Commercial Center
TMK: 2- 2-030:017
EUZAUETH A. CHAR, MA.
In tory. pease Mei lo
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements, please contact our Clean Air Branch staff at Ph. 933-0401.
The subject project is located within or near proximity to the County sewer system. All
wastewater generated shall be disposed into the County sewer system.
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on February 22, 2021. The CWB has reviewed the limited information
contained in the .subject document and offers the following comments:
Permit Issuance
Any project and its potential impacts to State waters must meet the State's:
1) Antidegradation policy, which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54]FIanning Dept.
A Section 401 Water quality Certification (WQC) is required if your
Exhibit C)
project/activity: 140892
Nu
Zendo Kern
April 7, 2021
Page 2 of 4
Requires a federal permit, license, certificate, approval, registration, or
Statutory exemption; and
May result in a discharge into State waters. The term "discharge' is
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
Examples of "discharge" include, but are not limited to, allowing the
following pollutants to enter State waters from the surface or in -water:
solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
biological materials, industrial wastes, concrete/sealant/epoxy, and
washing/cleaning effluent.
Determine if your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA). U.S. Army Corps of
Engineers (COE), Pacific Ocean Division Honolulu District Office (POI -1) Tel:
808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e -Permitting Portal wehsite
located at Ii
Please see HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. HAR, Chapter 11-54 is available on
the CWB website at: 1 1,, 1 1 _ • . -
National Pollutant Discharge Elimination System (NPDES) permit coverage is
required for:
Storm water associated with construction activities for land disturbances of
one (1) acre or more. Land disturbance includes, but is not limited to,
clearing, grading, grubbing, excavation, demolition, uprooting of vegetation,
equipment staging, and storage areas.
Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(h)(14)(i) through
ix) and (xi).
Storm water and certain non -storm water from a small Municipal Separate
Storm Sewer System.
Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to, cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
Discharges from the application of pesticides (including pesticides,
herbicides, fungicides, rodenticides, and various other substances to control
pest) to State waters.
Zendo Kern
April 7, 2021
Page 3 of 4
An application for an NPDES individual permit must be submitted at least 180
calendar days before the commencement of the discharge or start of construction
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
the e -Permitting Portal website located at:
A Notice of Intent (NOD for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities. To request NPDES general permit
coverage, you must complete and submit the NOI. The NOI is available on the
e -Permitting Portal website located at:
I. ,_r ci.
Please see HAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55
and HAR. Chapter 11-55, Appendices B through M are available on the CWB
website at: Li:, :' 1e,,ia i.Ikea i.",4'i. Y.
According to State law, all discharges related to the project construction or
operation activities, whether or not NPDES permit coverage and/or Section 401
WQC are required, must comply with the State's Water Quality Standards.
Monitoring
Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
Noncompliance with water quality requirements contained in HAR, Chapter I 1-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of $25,000 per day per violation.
Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,
civil and criminal penalties for such violations.
Polluted Runoff Control
Manage projects identified in watershed -based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding
opportunities, please visit: , f t L_ 11 H 111 I'.I.
Zendo Kern
April 7, 2021
Page 4 of 4
If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering
Section, CWB, at (808) 586-4309.
Construction activities must comply with the provisions of Hawaii Administrative Rules.
Chapter 11-46, "Community Noise Control."
1. 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.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. 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.
We recommend that you review all of the Standard Comments on our website:
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
OFFICE OF PLANNING
STATE OF HAWAII
235 South Beretania Street. 6th Floor, Honolulu, Hawaii 96813
Mailing Address. PD Box 2359. Honolulu, Hawaii 96804
March 17, 2021
Mr, Zendo Kem, Director
Department of Planning
County of Hawaii
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attn: Ms, Tracie Lee Camero
Dear Mr. Kern:
DAVID Y. ICEGOVERNOR
MARV nLCE EVANSRECTOR
OFFICE OF PUNNING
Telephone. (808)587.2846
Fax (808) 587-2824
Web. Nip I/panning hawaii.govl
DTS 202103160849L1
cr r21. F-
Subject Special Management Area Use Permit (SMA 21-000079)
Request to Allow for the Development of a Commercial Center, Waiakea, South
Hilo, Hawaii; Tax Map Key: (3) 2-2-030: 017
Thank you for the opportunity to provide comments on the Special Management Area (SMA)
Use Permit Application (SMA 21-000079) to allow for the development of a commercial center,
transmitted via memorandum received February 24, 2021.
According to the subject application, Island Naturals Properties, LLC, proposes to develop a
retail and office commercial center on the subject property, which is situated on the northwestern
corner of the intersection of Kekuanaoa Avenue and Mililani Street. At this center, one would be
able to bank, shop groceries, dry goods, and even visit a hair salon, travel agent, realtor, attorney,
optometrist, physician, and others in the personal and professional service.
The subject property is Located within the State Urban District, and designated Resort under
the County General Land Use Pattern Allocation Guide Map.
As proposed, the development will consist of three structural components with a total of
67,695 square feet of gross floor area. The proposed commercial center may be constructed in one
phase or in chew phases. If phased, the first phase would consist of a 41,657 square foot, 2 -story
structure with a maximum height of 35 feet. The second phase would be a 2,966 square foot, single -
story, free-standing drive-through restaurant. The third and last phase would be a 23,072 square foot,
2 -story structure. The preliminary plan proposes 226 conventional parking stalls, 8 handicapped
accessible stalls, and 6 loading zones, respectively.
The first phase is anticipated to he completed by 2024, and the second and third phases will
be a function of demand and hopefully completed by 2026. The estimated construction cost
associated with the project is SIO million.
Planning Dept.
Exhibit 1 140815
Mr. Zendo Kern
March 17.2021
Page 2
The Office of Planning (OP) has reviewed the subject SMA Use Permit Application, and has
the following comments to offer:
1. The SMA Use Permit Application shall provide a regional location map of the subject project
on the Island of Hawaii, with the project site in relation to the county designated SMA.
2. Sea level rise is one of coastal hazards as defined in Hawaii Revised Statutes (HRS) Chapter
205A, as amended. OP suggests the subject application refer to the findings of the Ilawaii
Sea Level Rise Vulnerability and Adaptation Report 2017, accepted by the Hawaii Climate
Change Mitigation and Adaptation Commission. The Report, and Hawaii Sea Level Rise
Viewer at https://www.pacioos.hawaii.edu/shoreline/slr-hawaii/ particularly identifies a 3.2 -
foot sea level rise exposure area across the main Hawaiian Islands, which may occur in the
mid to latter half of the 21st century. The application should provide a map of 3.2 -foot sea
level rise exposure area in relation to the project site.
3. The subject property is a portion of the Old Hilo Canec Plant. OP notes that the Hawaii
Department of Health, Hazard Evaluation and Emergency Response (NEER) Office provided
a 'No Further Action with Institutional Controls determination- letter, dated January 5, 2021.
with five site-specific conditions for the subject property. The applicant shall ensure that
these conditions imposed by the I IEER Office will be met by the proposed development to
mitigate potential impacts of contaminated soil encountered on the parcel.
4. Pursuant to HRS §§ 205A -305(b), any exterior lighting and lamp posts associated with the
proposed project shall be cut-off luminaries to provide the necessary shielding to mitigate
potential light pollution in the coastal areas, and lessen possible seabird strikes.
5. OP concurs that the Department of Land and Natural Resources, State Historic Preservation
Division (SHPD), shall be consulted if any archaeological or historic resources, or human
remains are encountered during ground excavation. Subsequent work shall proceed only
upon an archaeological clearance from the SIIPD.
If you have any questions regarding this letter, please contact Shichao Li of our Coastal Zone
Management Program at (808) 587-2841.
Sincerely,
moAtu.E-ala„5
Mary Alice Evans
Director
FROM:
TO:
DAVID Y. POE
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFPKF BOX en
HONOLtI I-, HAWAII 95N09
February 22, 2021
MEMORANDUM
MAN 0•E‘11
TQ DLNR Agencies:
Div. of Aquatic Resources
Div. of Boating & Ocean Recreation
X Engineering Division (DLNR.ENGR(ahawaii.gov)
X Div. of Forestry & Wildlife(rubyrosa.t.terrago(Whawaii.gov)
Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRM(ffihawaii.gov)
Office of Conservation & Coastal Lands
X Land Division — Hawaii District (gordon.c.heit(aihawaii.gov)
FROM: Russell Y. Tsuji, Land Administrator Russell Tsuji
SUBJECT: SMA Use Permit Application (SMA 21-000079) Request to Establish a Retail
Office Commercial Center
LOCATION: Waiakea, South Hilo, Island of Hawaii; TMK: (3) 2-2-030:017
APPLICANT: Land Planning Hawaii LLC on behalf of Island Natural Properties LLC
Transmitted for your review and comment is information on the above -referenced subject
matter. Please submit comments by March 18, 2021.
If no response is received by the above date, we will assume your agency has no
comments. Should you have any questions about this request, please contact Darlene Nakamura
at darlene.k.nakamura(aDhawail.gov. Thank you.
Attachments
cc: Central Files
We have no objections.
We have no comments.
Comments are attached.
Signed:
Print Name
Division:
Date:
457
Carty S. Chang, Chief Engineer
Engineering Division
Mar 9,2021
Panning Dept.
Exhibit B
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuji
Ref: SMA Use Permit Application (SMA 21-000079) Request to Establish a Retail
Office Commercial Center
Location: Waiakea, South Hilo, Island of Hawaii
TMK(s): (3) 2-2-030:017
Applicant: Land Planning Hawaii LLC on behalf of Island Natural
Properties LLC
COMMENTS
The rules and regulations of the National Flood Insurance Program (NFIP). Title 44 of
the Code of Federal Regulations (44CFR). are in effect when development falls within a
Special Flood Hazard Area (high-risk areas). State projects are required to comply with
44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the
minimum standards as set forth by the NFIP. Local community flood ordinances may
stipulate higher standards that can be more restrictive and would take precedence over the
minimum NFIP standards.
The owner of the project property and/or their representative is responsible to research
the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated
on FEMA 's Flood Insurance Rate Maps (FIRM). which can be viewed on our Flood
Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT).
If there are questions regarding the local flood ordinances. please contact the applicable
County NFIP coordinating agency below: -
o Oahu: City and County of Honolulu, Department of Planning and Permitting
808) 768-8098.
o Hawaii Island: County of Hawaii. Department of Public Works (808) 961-8327.
o Maui/Molokai/Lanai County of Maui. Department of Planning (808) 270-7253.
o Kauai: County of Kauai. Department of Public Works (808) 241-4896.
Signed
Date:
CARTY S. CHANG. CHIEF ENGINEER
Mar 9, 2021
DAVID Y.IGE
00vEIMIOR OF HAWAII
STATE OF HAWAII
DEPARTMENT OF I.ANU AND NATU'RAI. RESOURCES
LAND DIVISION
County of Hawaii
Planning Department
Attn: Ms. Tracie -Lee Camero
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Ms. Camero:
POS r OFFICE BOX 621
DONOLIILU. HAWAII 96X119
March 24, 2021
A9a.NNE 0 I AS[
SA 1511LANON
IO OF LAND ANO VA FERAL RESOURCES
OM1 RFSULRUESIMANAGEMENT
via email: tracie-lee.camero(ahawaiicounty.gov
SUBJECT: SMA Use Permit Application ( SMA 21-000079) — Request to Establish a
Retail & Office Commercial Center located at Waiakea, South Hilo, Island
of Hawaii; TMK: (3) 2- 2-030:017 on behalf of Island Natural Properties
LLC
Thank you for the opportunity to review and comment on the subject matter. In addition
to our previous comments dated March 18, 2021, enclosed are comments from the Division of
Forestry & Wldlife on the subject matter. Should you have any questions, please feel free to
contact Darlene Nakamura at (808) 587-0417 or email: dartene.knakamura(Whawaii. qov. Thank
you.
Enclosures
cc: Central Files
Sincerely,
Russell Tsuji
Russell Y. Tsuji
Land Administrator
Nanning Dept.
Exhibit q 140683
ti iVIT OF IIAWAII
nlk VtIUI(\I 011.\\a \\I)\II It U.ItFSUI IV 1:1
1 +0.1)00.N10
NISI ul l 1(1 I111A 621
1IUNI q.1'1 r'. IITI '11 ') II
February 22, 2021
MEMORANDUM
I 1111111111.01\
1111.1,01,1.10•11‘ Ili N(111111.
TO: DLNR Agencies:
Div. of Aquatic Resources
Div. of Boating & Ocean Recreation
X Engineering Division (DLNR.ENGR@hawaii.gov)
X Div. of Forestry & Wildlife(rubyrosa.t.terracio(a?hawaii.gov)
Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRM(hawaii.gov)
Office of Conservation & Coastal Lands
Land Division — Hawaii District (gordon.c.heitahawaii.gov)
FROM: Russell Y. Tsuji, Land Administrator 'ecrsseo 7sIg1
SUBJECT: SMA Use Permit Application (SMA 21-000079) Request to Establish a Retail
Office Commercial Center
LOCATION: Waiakea, South Hilo, Island of Hawaii; TMK: (3) 2-2-030:017
APPLICANT: Land Planning Hawaii LLC on behalf of Island Natural Properties LLC
Transmitted for your review and comment is information on the above -referenced subject
matter. Please submit comments by March 18, 2021.
If no response is received by the above date, we will assume your agency has no
comments. Should you have any questions about this request, please contact Darlene Nakamura
atdarlene-hnakamura@l)awaiii.gov Thank you.
We have no objections.
We have no comments.
Comments are attached.
Signed:
Print Name
Division:
Date:
Attachments
cc: Central Files
uw
DAVID G. SMITH, Administrator
Division of Forestry and Wildlife
Mar 24, 2021
MEMORANDUM
STATF. OF IlAkk All
I)1 I'AR I \Il\ I t II I .\NI) N. \ %I( R ti RI Slit 1%11',
DIA'I41uA ul I4lRI f 1111 AVD t111DI II I
11,11'1 N.(MUM! SIRII 1 11:011A1 1`"
III gVOIlull I11ll 11 1L011
March 72. 21)21
TO: RUSSELL Y. ISYJI. Administrator
Land Division
FROi%l DAVID G. S\JITI I. .Administrator
Division of Forestry and Wildlife
Ing nu. 303
St NJECT: Division of Forestry and Wildlife Comments on SMA (Ise Permit Application
SMA 21-091)079) Request to Establish a Retail and Office Commercial Center
the Department of I and and Natural Resources. I)i) kion of forestry and Wildlife (I)OI-AW) has
received your inquiry regarding the SMA use permit application to establish a retail and office
commercial center on behalf or Island Natural Properties, lit in I IHo on the island of I lausai'i,
I law ai'i.'I 'FMK: (3) 2-2-03(1:017. The proposed project consists Dfconstructing a two stork 67.685
square foot retail and office commercial center on a preciously undeveloped 4.045 acre lot.
the State listed Hawaiian Hawk or -to Intim, tnlinn-sot) i,, knottyn to Decal in who project v i; inity.
1)01 AAA recommends stoney ing the arca to ensure no II/Malian l Iatvk nests are present if (rets
are to be eat. 'to nests might be present during the breeding season from March to September.
the State listed I lawaiian l loary Bat or'Ope'ape'a (Lasirras dnerens reanmv) has the potential
to occur in the vieinily of the project area and may roost in nearhs trees. [fatly site clearing is
required this should be timed to avoid disturbance during the hal birthing and pup rearing season
June 1 through September 15). If this cannot Inc avoided. woody plants greaser than 15 feet (4.6
meters) tall should not he disturbed. removed. or trimmed vv Mout consulting DOf AW.
I he State listed l Inv aiian (loose or Nene (Brame sandrkcarsia) has the potential to occur in the
s kinky of the proposed project site. It is against State law to harm or harass these species. If an)
of these species are present during construction activities. then all activities Within 100 feet (30
meters) should cease, and the hind should not be approached. Work may continue after the bird
leaves the arca of its own accord If a nest is discovered at any point. please contact the I lawai-i
Island DOI AW office at (808) 974-4221.
10 present the spread of Rapid 'Obi' a Death (ROD). if oho a trees are present and will he
removed, (rimmed. or potentially injured DOPA W requests that the information and guidance at
the following website he reviewed and followed: httnssncn s.ctahr. hawaii.edu rod.
DOI AAA recommends using native plant species For landscaping that are appropriate for the area
e. climate conditions are suitable funic plants to thrice. historically occurred there. etc.). Please
do not plant in arise species. DOI AW recommends consulting the I Iawai•i-Pacific Weed Risk
Assessment website to determine the potential my asiveness of plants proposed lily use in the
project 0111Iva cups ,it ywcc r !,u» m _( h, [me). We recommend that you refer to
tf fv Ibr guidance on selection and evaluation for landscaping plants.
DOFAW recommends minimizing the mocemenl of plant or soil material between worksitcs. such
to in 011. Soil and plant material may contain invasive fungal pathogens (e.g. Rapid'Ohi'a Death).
vertebrate and invertebrate pests (eg. I.ittle Fire Ants). or invasive plant parts that could harm our
native species and ecosystems. We recommend consulting the Big Island Invasive Species
Committee at (808) 933-3340 in planning. design. and construction of the project to learn of any
high-risk in mire species in the area and ways to mitigate spread. All equipment. materials, and
personnel should he cleaned of excess soil and debris to minimize the risk of spreading invasive
species. Gear that may contain soil. such as work hoots and vehicles. should he thoroughly cleaned
with water and sprayed with 70% alcohol solution to prevent the spread of Rapid -Ohi'a Death
and other harmful fungal pathogens.
We note that artificial lighting can adversely impact seabirds that may pass through the area at
night by causing disorientation. This disorientation can result in collision with manmade artifacts
or grounding of birds. Pur nighttime lighting that might he required, DOPAW recommends that
all lights be fully shielded to minimize impacts. Nighttime work that requires outdoor lighting
should be avoided during the seabird fledging season from September 15 through December 15.
Ihis is the p rind when young seabirds take their maiden voyage to the open sea. for illustrations
and guidance related to seabird -Friendly light styles That also protect the dark, starry skies nl
Ilaw al' i please y isil-Imps dlnr.h;ny w y yy ildi uw til , 111160; 1)0(11+9,poli
We appreciate your efforts to work yyith our office For the conservation of our native species.
Should the scope of the project change significantly, or should it become apparent that
threatened or endangered species may he impacted. please contact our stair as soon as possible.
If you have any questions. please contact Paul Radley. Protected Species Ilabitat Conservation
Planning Coordinator at (8081587-0010 or puul,m,rpd lei olt3w ail. coy_
Sincerely,
mut
DAVID G. SMI
Administrator
DAVE r. lot
Gc emw Of IlX y&I,
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
County of Hawaii
Planning Department
Attn: Ms. Tracie -Lee Camero
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Ms. Camero:
POS I OFFICE BOX 621
HONOLULU. HAWAII 96600
March 18, 2021
BOARD OF 1 A•DNAIL R.1
MAN 41..‘IENT
via email: Tracie-lee.camero(@hawaiicounty.gov
SUBJECT: SMA Use Permit Application (SMA 21-000079) — Request to Establish a
Retail & Office Commercial Center located at Waiakea, South Hilo, Island
of Hawaii; TMK: (3) 2-2-030:017 on behalf of Island Natural Properties
LLC
Thank you for the opportunity to review and comment on the subject matter. The Land
Division of the Department of Land and Natural Resources (DLNR) distributed or made available
a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and
comments.
At this time, enclosed are comments from the (a) Engineering Division, (b) Commission
on Water Resource Management, and (c) Land Division — Hawaii District on the subject matter.
Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417
or email: darlene.k.nakamurahawaii.gov. Thank you.
Enclosures
cc: Central Files
Sincerely,
Russell Tsuji
Russell Y. Tsuji
Land Administrator
6/11114( WEL
Planning Dept.
140571
Exhibit to
DAVID r IGE
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE MANAGEMENT
P.0 00X 621
HONOLULU. HAWAII 96909
March 15, 2021
SUZANNE 0. CASE
NA BEAMER.FlI.L
MICHAEL G SUCK
VA2FTX A CINR. M1
NEIL J HANNPiIS
WPVNE N. NATAVAMA
PAUL) MEYER
REF: RFD5601.8
TO. Mr. Russell Tsuji, Administrator
Land Division .
SLC[.
FROM: M. Kaleo Manuel, Deputy Director ` "(
Commission on Water Resource Management
SUBJECT: SMA Use Permit Application (SMA 21-000079) Request to Establish a Retail & Office
Commercial Center, Island Natural Properties LLC, Waiakea, South Hilo
FILE NO.:
TMK NO..
RFD 5601.8
3) 2-2-030:017
Thank you for the opportunity to review the subject document. The Commission on Water Resource
Management (CWRM) is the agency responsible for administenng the State Water Code (Code). Under the Code, all
waters of the State are held in trust for the benefit of the citizens of the State. therefore all water use s subject to
legally protected water rights. CWRM strongly promotes the efficient use of Hawaii's water resources through
conservation measures and appropriate resource management. For more information, please refer to the State
Water Code, Chapter 174C, Hawaii Revised Statutes, and Hawaii Administrative Rules, Chapters 13-167 to 13-171.
These documents are available via the Internet at hito'/Idlnr.hawaii.gov/cwrm.
Our comments related to water resources are checked off below.
n1. We recommend coordination with the county to incorporate this project into the county's Water Use and
Development Plan. Please contact the respective Planning Department and/or Department of Water
Supply for further information.
U2 We recommend coordination with the Engineering Division of the State Department of Land and Natural
Resources to incorporate this project into the State Water Projects Plan.
3 We recommend coordination with the Hawaii Department of Agriculture (HDOA) to incorporate the
reclassification of agricultural zoned land and the redistribution of agricultural resources into the State's
Agricultural Water Use and Development Plan (AWUDP) Please contact the HDOA for more
information.
0 4 We recommend that water efficient fixtures be installed and water effident practices implemented
throughout the development to reduce the increased demand on the area's freshwater resources.
Reducing the water usage of a home or building may earn credit towards Leadership in Energy and
Environmental Design (LEED) certification. More information on LEED certification is available at
http.//www usgbc.org/leed. A listing of fixtures certified by the EAP as having high water efficiency can be
found at http://www.epagov/watersense.
X 5. We recommend the use of best management practices (BMP) for stormwater management to minimize
the impact of the project to the existing area's hydrology while maintaining on-site infiltration and
preventing polluted runoff from stone events. Stormwater management BMPs may earn credit toward
LEED certification. More information on stormwater BMPs can be found at
http://planning. hawaii.gov/cznitiatives/low-impact-development/
6. We recommend the use of alternative water sources, wherever practicable.
X 7. We recommend participating in the Hawaii Green Business Program, That assists and recognizes
businesses that strive to operate in an environmentally and socially responsible manner. The program
descnption can be found online at http://energy.hawaii.gov/green-business-program.
X 8. We recommend adopting landscape irrigation conservation best management practices endorsed by the
Mr. Russell Tsuji
Page 2
March 15, 2021
Landscape Industry Council of Hawaii, These practices can be found online at
http //www.hawaiiscape.com/wp-content/uploads/2013104ILICH_Irrigation_Conservation_BMPs.pdf.
9 There may be 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.
10 The proposed water supply source for the project is located in a designated water management area, and
a Water Use Permit is required prior to use of water. The Water Use Permit may be conditioned on the
requirement to use dual line water supply systems for new industrial and commercial developments.
11 A Well Construction Permit(s) is (are) are required before the commencement of any well construction
work
U12 A Pump Installation Permit(s) is (are) required before ground water is developed as a source of supply for
the project.
0 13 There is (are) well(s) located on or adjacent to this project. If wells are not planned to be used and will be
affected by any new construction, they must be properly abandoned and sealed. A permit for well
abandonment must be obtained.
0 14 Ground -water withdrawals from this project may affect stream0ows, which may require an instream flow
standard amendment.
LI15 A Stream Channel Alteration Permit(s) is (are) required before any alteration can be made to the bed
and/or banks of a steam channel.
16 A Stream Diversion Works Permit(s) is (are) required before any stream diversion works is constructed or
altered.
17 A Petition to Amend the Interim Inslream Plow Standard is required for any new or expanded diversion(s)
of surface water,
18 The planned source of water for this project has not been identified in this report Therefore, we cannot
determine what permits or petitions are required from our office, or whether there are potential impacts to
water resources.
OTHER
If you have any questions, please contact Neal Fujii of the Commission staff at 587-0216.
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720
Telephone: (808) 969-1522 Cell: (808) 989-0640
E-mail: sidluke0 hawaiianleinet
March 16, 2021
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Kern:
Manning • variance • Zoning
Sua3rision • Land Use Permits
Environmental Reports
CDH PLANNING DEF
MAR 16 2021 PH2::
REC'D HAND DELIVERE
Subject: Special Management Area Use Permit (SMA 21-000079)
Applicant - Island Naturals Properties, LLC
Waiakea, South Hilo, Hawai' i, TMK: 2- 2-030: 017
This is in response to the Department of Water Supply's ("DWS") memo, dated
March 4, 2021, relating to the subject application. While County water is available,
pursuant to the DWS' requirement, please be informed that:
1. The applicant will develop an anticipated maximum daily water use
calculation by a Hawaii -licensed engineer and submit it to the DWS. This
will then help determine the projected number of required water units so
that the appropriate water commitments can be determined and paid for by
the applicant.
2. Appropriate construction plans will be developed in conjunction with the
building permit process. During the construction phase of this project, the
required backflow preventer, meter(s), and related off-site improvements
will be made.
1 trust that the comments noted herein fully address the comments of the DWS. If
not or if there are further questions/comments on this matter, please feel free to contact
me. Thank you very much.
ncerely `
tv
SIDNEY M. FUKE
Planning Consultant
Copy — Mr. Rahul Godbole, Island Naturals Properties, LLC via email
Planning Dept.
Exhibit 11 140479
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Kb, Hawaii 96720
Telephone: (808) 969-1522 Cee (6051999-0600
E-mail: sihtukenhawaiantel.net
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, H196720
Dear Mr. Kern:
Subject:
March 23, 2021
SMA Application (SMA -21-000079)
Applicant: Island Naturals Properties, LLC
TMK: 2-2-030: 017
Plenni g • Variance • Zoning
Su00hioion • Land Use Peng,
Enko'nental Reports
CDH PLANNING DEE
NAR 23 2021 PH12:!
REC'D HAND DELIVERS
Thank you for providing me with a copy of the Department of Public Works' ("DPW")
comments regarding the subject application. In response to its comments, we provide the
following:
1. The DPW confirmed that the site is within Zone X on the FIRM map. The applicant
understands and accepts that any site generated drainage must be contained on-site.
The applicant will prepare the appropriate drainage study and submit it to the DPW
for its review and approval prior to or in conjunction with the Plan Approval process.
The requirements of DPW will then be implemented in conjunction with the
construction phase of the project. It is likely that drywelis will be needed and if so,
they will be implemented in accordance with the NPDES and/or UIC permit
requirements.
2. All earthwork and/or grading improvements will be done in accordance with Chapter
10 of the Hawai' i County Code relating to Erosion and Sedimentation Control.
Likewise, all improvements within the government rights-of-way will comply with
Chapter 22 of the Code relating to County Streets.
3. Relative to traffic and driveways, DPW noted that the proposed right -in, right -out
limitation along Kekuanaoa Street is acceptable. It also recommended the installation
of a left -turn lane at the intersection of Kekuanaoa Street and Mililani Street "to avoid
traffic backing up on Kekuanaoa Street heading east."
We would like to note that inasmuch as the request is for a SMA Permit and not a
zone change, the zoning code's concurrency requirement for a traffic impact analysis
report is not required. Relative to the SMA permit, based on the Topliss v. Hawai
County Nanning Commission decision of the State Intermediate Court of Appeals,
the Court opined that traffic is relevant only if the request is shown to have a
Planning Dept.
Exhibit 12
40645
Mr. Zendo Kern, Director
March 23, 2021
Page 2
substantial adverse effect on the coastal environment, and as such, should not be used
as a basis to deny the SMA permit. In this case, the project — given its distance and
location — should not generate any substantial adverse effect on the coastal
environment.
Notwithstanding the above, the applicant did its best to reasonably address traffic
backup along Kekuanaoa Street by restricting access along that street to right-in/right-
out movements only. All left -tum or eastbound movements must now occur only at a
designated intersection (Mililani Street) or alternatively, at the signalized Manono
Street.
It should be noted that with the signalized Manono Street, there would be a slight gap
or "platooning effect" that should allow for some left -turn movements. This is
similar to vehicles negotiating a left -turn at any of the other non -signalized cross
streets (Mililani, Hinano, Laukapu, and Kalanikoa).
Finally, because of the project's multiple accesses, traffic movements to and from the
project will be dispersed. To get to the site and avoid making a left -turn at Mililani
Street, it would not be uncommon for a vehicle from the north side of Hilo like
Downtown or Aupuni Center to take the Kamehameha Avenue versus the Kilauea
Avenue route. Likewise, a vehicle traveling along Kilauea Avenue from the south or
Puna side to take the signalized Lanikaula and Manono Streets to get to the site.
We trust that the above adequately responded to the comments. If not or if there are
further questions or comments on this matter, please let me know. Thank you very much.
inVeNeArely
SIDNEY M. FUKE
Planning Consultant
Copy — Island Naturals Properties, LLC via email
SidneyFuke, Planning Consultant
illr
100 Pauahi Steel SuRe 212 • Hilo, Hawai'i 96720
Telephone: (800) 969-1522 Coll' (808) 989-0640
E-mail: sidfukee hawaiiantel.net
April 5, 2021
Mr. Zendo Kem, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Kern:
Planning • Variance • Zoning
Subdivision • Land Use Permits
Environmental Reports
Subject: Special Management Area Use Permit (SMA 21-000079)
Applicant - Island Naturals Properties, LLC
Waiakea, South Hilo, Hawaii, TMK: 2-2430: 017
CON PLANNING DEP
PPR B 2021 v1+2:C
REC'D BY MA:
Thank you for providing me with agency comments to date regarding the subject
matter. In response to those comments, we note the following:
a. The County Fire Department outlined its requirements regarding fire access,
building standards, and the like. These will be specifically addressed and
complied with during the building permit process, particularly as the Fire
Department must approve all building permits.
b. The County Department of Environmental Management -Wastewater Division
noted that the subject project must connect to the existing sewer line. The
appropriate study and/or plans will be submitted to said Division and its
improvements will be done during the construction phase and completed prior to
occupancy of any of the proposed structures.
To address the projected solid waste to be generated by the project, the Solid
Waste Division recommended the submittal of a Solid Waste Management Plan.
This Plan, which is a standard requirement for projects of this nature, will address
pre and post construction waste, recycling, disposal sites, and so forth.
c. The County Police Department commented that it did "not anticipate any
significant impact to traffic and/or public safety concerns"
d. The various divisions of the State Department of Land and Natural Resources
offered their comments. The Division of Forestry and Wildlife noted the potential
presence of the Hawaiian Hawk or lo and the Hawaiian Hoary Bat or Ope'ape 'a
and use of the area for roosting or breeding. Further, it noted the potential of the
Hawaiian Goose or Nene to be in the vicinity of the site, as the suggestion of how
to prevent the spread of Rapid 'ON 'a Death. Please note that as the site is devoid
of any vegetation, impacts to these birds or the 'Ohi 'a should be minimal, if at all.
Planning Dept.
Exhibit 13 140997
Mr. Zendo Kern, Director
April 5, 2021
Page 2
The project will incorporate native plant species and avoid invasive species in its
landscaping. This is clearly articulated in the Planning Department Rule 17
regarding landscaping. The landscape contractor will utilize appropriate protocols
during the planting phase to minimize the inadvertent introduction of invasive
species.
Relative to artificial lighting and its potential impacts to the seabirds, the lighting
will be shielded in accordance with County lighting standards. No construction
work that requires outdoor lighting is anticipated during the evening. Given the
above, impacts to the seabirds should not be adverse or significant.
The Commission on Water Resource Management made several
recommendations, all of which will be incorporated into the design of the project.
These include use of water efficient fixtures and water efficient practices; use of
best management practices (BMP) for stormwater management, which is a
requirement of the County's Code relating to Soil and Sedimentation Control; and
use of water conservation landscaping measures. Finally, in its existing business,
the applicant already strives "to operate in an environmentally and socially
responsible manner." As such, it would strongly consider participating — if it
already is not — in the Hawaii Green Business Program.
c. Finally, some of the comments made by State Office of Planning have already
been addressed earlier or in the report itself. These include the comment on
regional location map, lighting, DOH's environmental clearance of the land, and
cessation of activities in the event of inadvertent archaeological finds. On the
matter of sea level rise, while within the SMA, the site is nearly one-half mile
from the shoreline. As such, sea level rise should not be an issue.
We trust that this adequately addresses those agency's comments. If not or if
there are further agency or public comments on this matter, please feel free to direct them
to this office. Thank you very much!
S,incerely
i\
SIDNEY M. FUKE
Planning Consultant
Copy — Island Natural Properties, LLC via email
Mori, Ashley
From: Janine Sturdavant <janinesturdavant@yahoo.corn>
Sent: Thursday, April 22, 2021 600 AM
To: Planning Internet Mail
Subject: Island Natural Project
Charles Sturdavant
Janine Sturdavant
Tamara Sturdavant Munroe
400 Ilualani St #384
Hilo, HI 96720
TO WHOM IT MAY CONCERN:
We are in agreement with the Island Natural Properties Project, and would like to submit
this positive comment to the Public Hearing 2- 2-0030:017. We believe this development will
be very good for the neighborhood, helping to clean up some of the surrounding area,
eliminating wild pigs from that small area of jungle, and create jobs and revenues for the area.
Funning Dept.
Exhibit 1-4 141310