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HomeMy WebLinkAboutPD BACKGROUND REPORT (SMA-21-080)AJR: BMagicSandsSMA: 06_07_2021 COUNTY OF I-IAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (SMA 21-000080) COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION has submitted an application for a Special Management Area (SMA) Use Permit to allow facility improvements and American with Disabilities Act (ADA) upgrades to the existing Magic Sands Beach Park, which includes demolition of the existing comfort station, construction of a new ADA compliant comfort station, construction of ADA compliant parking spaces, new showers, new accessible picnic table and grill area, new accessible walkways and ramps connecting the park to A1i`i Drive, utility improvements, waterline improvements, and pavement restriping. The proposed improvements will occur on the 0.43 -acre Magic Sands Beach Park property as well as within the AIi`i Drive right-of-way fronting the subject properties. The properties are located makai of Alii Drive, approximately 538 feet north of its intersection with La`aloa Avenue, Kapala'alaea 2nd, North Kona District, Hawai`i, TMK(s): (3) 7-7-008:017, 094, 107 & (3) 7-7-010:036. PROPOSED DEVELOPMENT 1. Request: The County of Hawai'i Department of Parks and Recreation (DPR) is requesting a Special Management Area (SMA) Use Permit for facility improvements and ADA upgrades at the 0.43 -acre Magic Sands Beach Park located at the shoreline along Ali'i Drive on the Island of Hawai'i. The DPR is pursuing this project to eliminate architectural barriers to provide more accessibility to the beach park which includes replacing a comfort station and outdoor shower. The proposed project involves the demolition of the existing non -ADA compliant comfort station and replacement with an accessible facility; provision of new concrete ADA -compliant parking; new accessible showers; a new accessible picnic table and barbeque grill; and new accessible walkways and ramps connecting the beach park to Ali'i Drive. Also included in the project are necessary replacement (or improvements) of drain sumps, sand interceptors, utility tie-ins and waterlines, and pavement reconstruction and restriping. Of the several dozen trees on the project site, two (2) banyan trees will be removed, and a palm tree will be relocated. 2. Project Objectives: The project area is makai of Ali'i Drive within an intensely utilized park in an area of Kona with dense resort development. According to the environmental assessment (EA) for the original comfort station submitted in 1975, early park visitors utilized the restrooms at the nearby White Sands Beach condominium. When that use ceased, the County brought in chemical toilets and subsequently built the current comfort station in 1976. The purpose of the project is to create safe, appropriate, and compliant access according to the requirements of the Americans with Disabilities Act (ADA) for all park users, while retaining and improving the ability to effectively maintain the park. 3. Cost/Time of Project: The current estimated cost of the improvements is $930,000.00 which will be refined as the design becomes final. The project would initiate after completion of the final design and the granting of all necessary permits. 4. Supportive Information: The applicant has submitted the attached in support of the request (Planning Department Exhibit 1 — SMA Use Permit Application received March 23, 2021). 5. Landowner: The landowner of each of the four (4) parcels that make up the project area is the County of Hawaii. BACKGROUND INFORMATION 6. Special Management Area (SMA): November 1975 — Original development of the comfort station, no SMA permit was obtained as SMA rules and regulations were enacted this same year (1975). However, an Environmental Assessment (see below) was conducted for the development of the comfort station. June 14, 2001 — Special Management Area Use Permit Assessment Application (SMAA 01-14) and Special Management Area (SMA) Minor Use Permit No. 99 (SMM 99) were issued to DPR to allow the construction of a parking lot, rock walls, pedestrian pathways, and picnic area. September 17, 2013 — SMA Minor Use Permit No 13-000284 was approved for the installation of rescue tubes and associated mounting supports and signage. 7. Chapter 343, IIRS: The proposed improvements are subject to the requirements of Chapter 343, Hawaii Revised Statutes, regarding Environmental Impact Statements. A Final Environmental Assessment (FEA) was prepared for the project. A Notice of Finding of No Significant Impact (FONSI) was published in the July 23, 2020, issue of the OEQC bulletin Environmental Notice. 11-23-1975: FEA/FONSI provided for the construction of an 18' by 22' restroom. 10-23-1997: FEA/FONSI provided for the construction of a 25 -stall parking area. STATE AND COUNTY PLANS 8. State Land Use District: Urban. 9. General Plan LUPAG Map Designation: The entire project is classified as "Open" ope). 10. County Zoning: TMKs (3) 7-7-008:017 and 094 are within the "Open" zoning district. TMK: (3) 7-7-010:036 is within the Resort -Hotel (V-1.25) zoning district. TMK: (3) 7-7- 008:107 is classified as "road". 11. Kona Community Development Plan (KCDP): The KCDP was adopted by Ordinance No. 08-131, which became effective on September 25, 2008, as amended by Ordinance 19 091, effective September 18, 2019. The property is within the boundary of the Kona Urban Area. 12. Special Management Area (SMA): The project is located within the Special Management Area and is considered a "shoreline" parcel; therefore, the proposed development is subject to SMA review. DESCRIPTION OF PROJECT AREAS ANI) SURROUNDING AREA 13. Subject Project Area: Many names are informally used for the natural features and recreational facilities of this area. Keoneohuihui is a beach also known as White Sands Beach, Disappearing Sands, Magic Sands, Magics, and La'aloa. The legal name of the park in which the comfort station is located is Magic Sands Beach Park. Although County Ordinance No. 94 105 in 1994 merged this park with the park to the south and renamed the entire park La'aloa Bay Beach Park (a name used on the park sign), the official park name is still designated by Hawaii County Code (HCC) 15.68.1. In the view of DPR, officially changing the name of the park awaits an amendment of HCC 15.68.1. Hence, throughout the submitted application, the park is referred to as Magic Sands Beach Park. The project area is near the boundary of La'aloa and Pahoehoe Ahupua'a in Kailua-Kona (Planning Department Exhibit 2 — Aerial Map of Magic Sands and La'aloa by DPR). The existing park currently contains a large sandy area for recreation, a comfort station (to be replaced), parking areas, access paths, a volleyball net and court, and a lifeguard station. The Park is bounded by CRM walls on the northern and eastern property borders. 14. Surrounding Land Zoning/Uses: Magic Sands Beach Park is bordered on the north by the Kona Magic Sands Condominium which is zoned V-1.25 (Resort), on the south by La`aloa Beach Park which is zoned Open and is currently utilized for historic preservation. To the east the project site is bordered by Ali'i Drive; across Ali'i Drive is Kipapa Park and White Sands Village which are also zoned V-1.25. To the west is the Pacific Ocean. 15. Soil Type: Although most of the project site contains beach sand or bare rock, the soil on the mauka end is classified as Punalu`u highly decomposed plant material. Although well drained, runoff potential is variable. 16. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor." 17. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The project site is unclassified on the ALISH Map. 18. Flood Insurance Rate Map (FIRM): The project area is depicted both within Flood Zone VE (with a base elevation of 13 feet) as well as within Flood Zone X. The VE Flood Zone is the area subject to high velocity water including waves and tsunami. 19. Flora/Fauna Resources: A biological survey of the park was conducted in 2019 in preparation for the proposed project. The survey found that the natural vegetation of this part of Kona consisted of coastal strand vegetation as well as coastal dry/mesic forest in the inland areas. That included open canopy forest dominated by trees shrubs, and ferns. However, the general landscape of the Kailua-Kona area has been radically altered by centuries of settlement and development. Most of the project site has been either graded or landscaped or is heavily managed and no totally intact native vegetation was observed. Several common species persist at the project site, but no plants species classified as 4- threatened or endangered are present or would be expected on the project site. The urban beach park project site has only limited habitat for native terrestrial fauna. Typical bird species include common myna, northern cardinal, spotted dove, zebra dove, Japanese white -eye, etc., most of which were observed during botany surveys of the site. Only two 2) common migratory shorebirds were observed, the ruddy tumstone and the Pacific golden plover. It is unlikely that native forest birds would be expected to use the project site due to its low elevation, urban context, alien vegetation and lack of resources. Apart from the Hawaiian hoary bat, all terrestrial mammals in the project area are introduced species, including feral cats, dogs, mongoose, and various species of rats. The threatened green sea turtle occurs commonly along the Kona Coast, and is known to feed on selected species of macroalgae. Green sea turtles are frequently observed at Magic Sands Beach Park. 20. Archaeological Resources: On February 9, 2018, ASM conducted an Archaeological Assessment Survey (AAS) of the project site involving field observations, consultation and review of historical resources, and review of previous archaeological studies and land use records. No historical properties were identified within the project site. Sites 21219 (a reconstructed Ahupua`a boundary wall) and Site 21220 (a kfr`ula or fishing deity stone) were confirmed to be located outside the project site. However, it should be noted that archaeological resources directly adjacent to the project site are abundant. The project has been carefully designed to avoid impacts to offsite resources or sites. Given the absence of archaeological resources within the project site, it was concluded that the proposed project would not impact any known historic properties. The two (2) sites noted above 21219 and 21220) are subject to an existing preservation plan, and as such, protective measures outlined in the plan will be implemented as part of this project. By letter, SHPD confirmed with the finding that no historic or cultural properties will be affected by the proposed project. (SHPD concurrence letter dated 9/18/2020 is included as Exhibit 4 of the Application). 21. Cultural Resources: A cultural impact assessment (CIA) of the subject parcel was conducted by ASM Affiliates, Inc. in preparation for the proposed project. The study revealed that there are several important cultural sites that, while not on the project site, are adjacent to the existing comfort station including the reconstructed iwi 'aina stone wall, the kit 'ula, and a named spring. Although no specific ongoing customary practices are associated with these sites, they are recognized by consulted parties as valued cultural and historical resources. The area was carefully inventoried for archaeological and cultural resources; while it is acknowledged that exact location and names of some off- site features were difficult to establish, it is clear that the specific project area is not recognized on any identified cultural sites, including trails, springs, walls, burials, or similar features. 22. Recreational/Scenic and Open Space Resources: The proposed development will not adversely impact any recreational or scenic and open space resources, public access along and to the shoreline. In fact, the proposed improvements expand recreational uses for disabled users at a popular beach park. The proposed project aims to improve public facilities at the park, while mitigating adverse environmental conditions from inadequate restroom facilities and the open shower. While Magic Sands Beach Park is not explicitly listed as an example of natural beauty in the General Plan, the site is highly scenic. Along with the more extensive shoreline frontage near Kamoa Point and Kahalu'u County Beach Park, Magic Sands is one of the few locations along Ali`i Drive where development does not block ocean and beach views. The proposed project will maintain the existing scenic views from Ali Drive. 23. Public Access: The Park is a public property currently under the control of the County of Hawai'i that is fully open to the public, but currently limited without ADA access improvements. Shoreline access for fishing and surfing is present by walking through the park. The proposed improvements will only aim to improve access for all public visitors to the park. PUBLIC UTILITIES AND SERVICES 24. Access: Magic Sands Beach Park is accessed by Ali'i Drive, which is located directly mauka of the park. Ali'i Drive (in this area) is a two-lane roadway with paved shoulders; the makai shoulders of Ali'i Drive are roughly 8-feet wide and are used for parking for park use. The mauka shoulders vary from 4 to 10 feet in width are shared by walkers, runners, and bicyclists. 25. Water: There is an existing 1.5-inch meter serving Magic Sands Beach Park; the meter is connected to an existing 4-inch waterline located along Alii Drive. The new comfort station will connect via this same line and no increase in water usage is anticipated. 26. Wastewater: An existing 6-inch wastewater line connected to the County wastewater treatment plant in Kealakehe services the existing comfort station and the new comfort station will connect via this same line. A sand interceptor is proposed along the wastewater line to prevent sand from entering the County wastewater system. 27. Other Essential Utilities and Services: Electrical power to the site is supplied by Hawaiian Electric, with poles and lines on Ali'i Drive. AGENCIES' COMMENTS 28. Department of Health: (Planning Department Exhibit 3 — May 10, 2021, Memo). 29. Department of Land and Natural Resources — Engineering Division: (Planning Department Exhibit 4 — May 11, 2021, Memo). 30. County of Hawaii Department of Public Works — Engineering Division: (Planning Department Exhibit 5 — May 24, 2021, Memo). 31. Department of Water Supply: (Planning Department Exhibit 6 — May 20, 2021, Letter) AGENCIES - NO COMMENT/NO CONCERNS 32. County of Hawaii Police Department, County of Hawaii Fire Department; State Office of Planning; Department of Land and Natural Resources — Land Division; Department of Environmental Management; State Department of Transportation. PUBLIC COMMENTS 33. The Department has not received any comments or objections from the general public or adjacent landowners on the subject application. SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION Magic Sands Beach Park Accessibility Improvements March 2021 TMKs (3rd.) pors. 7-7-008: 017, 094, and 107; 7-7-010:036; and right-of-way of Ali`i Drive North Kona District Planning Dept. Exhibit I TABLE OF CONTENTS Item I: Filing Fee (County project/not required) Item 2: Application Form ii Item 3: Background Information 1 A Environmental Assessment I B Description of Proposed Project, Objectives and Reasons 1 C Description of Subject Property and Existing Uses, Structures and Topography 2DStatementofValuation3 E State/County Plans 3 F Project's Relationship to Objectives and Policies of Chapter 205a, HRS, and the SMA Guidelines 7 G Surrounding Zoning and Land Uses 18 H Flood Insurance Rate Map Designation 18 I Archaeological Resources 18 J Floral and Faunal Resources 19 K Valued Cultural Resources 21 L Public Access 21 M Description of Roadway Access 21 N Traffic Impacts 21 O Availability of Utilities 22 Item 4: Anticipated impacts of the Proposed Development on the Special Management Area 22 A Environmental Setting 22 B Relationship to Land Use Plans, Policies and Controls 22 C Probable Impact on Environment 23 D Adverse Environmental Effects Which Cannot be Avoided 27 E Alternatives to the Proposed Action 27 F Mitigating Measures Proposed to Minimize Impact 28 G Irreversible and Irretrievable Commitment of Resources 30CITEDREFERENCES 31 Item 5: Preliminary Site Plan Drawn to Scale (Attached as portion of Exhibit I) Item 6: Full-size Scale -drawn Plot Plan of Site Plan (Attached separately to submittal) Item 9: List of Neighbors Required to Receive Notice (Attached as Exhibit 3) Items 7 (Shoreline survey), 8 (Scale Model) & 10 (Other information) n/a EXHIBITS I. FIGURES FIGURE I Location Map FIGURE 2 Project Site Photos FIGURE 3 Site Plan 2. FINAL ENVIRONMENTAL ASSESSMENT available at h up //oegc2. doh. hawai i. gov'Doc_Library/2020-07-23-HA-FEA-Magic-Sands-Beach-Park- Ac cessibility-Improvements.pdf) 3. LIST OF NAMES, ADDRESSES AND TAX MAP KEYS of all owners and lessees of record of surrounding properties who are required to receive notice. 4. STATE HISTORIC PRESERVATION DIVISION LETTER OF SEPTEMBER 18, 2020 Page i Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT APPI.ICANI': County of I lawai'i Department of Parks and Recreation APPLIC'ANT'S SIGNATURE: DATE: 3/7/404+ ADDRESS: 101 Pauahi Strd uite 6 HSI lawai'i 96720 LIST APPLICANTS INTEREST IF NOT OWNER: 151 PRINCIPALIS) INCLUDING NAMES OF MAIN OFFICERS: Maurice C. Messina. P&R Director PHONE: (Bus.): (808)961-8311 (Res.) N/A (Fax)_ LANDOWNER(S): County of Hawaii LANDOWNER SIGNATURE(S): DATE -44 /"u LANDOWNERS) ADDRESS: r Pauahi Str Suite 6 Hilo Hawaii 96720 REQI FES f: The I lawai'i County Department of Parks and Recreation (P&R) proposes a project to eliminate architectural barriers at Magic Sands Beach Park. The purpose is to create safe apprrpriate and compliant access for all park users while retaining and improving the ability to effectively maintain the park. The site is located makai of Alii Drive in an intensely utilized park in an area with rich cultural significance as well as dense resort development. In overview the Proposed Action involves demolition of the existing non -ADA (Americans with Disabilities Act of 1990, as amended) compliant comfort station and replacement with an accessible facility; provision of new concrete ADA -compliant parking; new accessible showers; a new accessible picnic table and barbecue grill: and new accessible walkways and ramps connecting the park to Alii Drive and a nearby bus stop. Also included are related and necessary replacements/improvements to drain sumps, sand interce tors utility tie-ins and waterlines, pavement reconstruction and restriping, as well as removal of several trees. FAX MAP KEY: pors. 7-7-008: 017 094. and 107; 7-7-010:036: and right -of --way of Alii Uriyc ZONING: Open SIZE. OF PROPERTY OR AFFECTED AREA(S): 0.43 acres ADEN F: Ron Tem Principal, Geometrician Associates ADDRESS: 10 I lina Street,Hilo, lilo, III 96720 TELEPHONE: (Bus.) 1808)969-7090 (Cell) (808)987-52_39 (Fax) N,A Please indicate to whom original correspondence and copies should he sent. ORIGINAL: Kevin Sakai P&R COPIES: Ron Tem, Geometrician. this page intentionally left blank] Page iii Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application 3. Background Information A Environmental Assessment (Chapter 343, HRS) and FONSI A Final EA and Finding of No Significant Impact (FONSI) was prepared by the Hawaii County Department of Parks and Recreation and published in the July 23, 2020 edition of the OEQC Environmental Notice (Exhibit 2), It is available at http://oegc2.doh.hawaii.gov/Doc_Library/2020-07- 23-HA-F EA -Magic -Sands -Beach -Park -Accessibility -Improvements. pd f B Description of the Proposed Project, Objectives, and Reasons Project Description The Hawaii County Department of Parks and Recreation (the Department) proposes a project to eliminate architectural barriers and replace a comfort station at Magic Sands Beach Park'. The work site is located makai of Alii Drive within an intensely utilized park in an area of Kona with rich cultural significance as well as dense resort development. The site is depicted in Figures 1-2 (with additional photos in Appendix 2), and consists of portions of TMKs (3rd) 7-7-008: 017, 094, and 107; 7-7-010:036; and the right-of-way of Ali`i Drive. The Proposed Action involves demolition of the existing non -ADA (Americans with Disabilities Act of 1990) compliant comfort station and replacement with an accessible facility; provision of new, concrete ADA -compliant parking; new- accessible showers; a new accessible picnic table and barbecue grill; and new accessible walkways and ramps connecting the park to Ali`i Drive. Also included are related and necessary replacements/improvements to drain sumps, sand interceptors, utility tie-ins and waterlines, and pavement reconstruction and restriping (see overall Site Plans in Fig. 3 and detail sheets in Appendix 2 of Exhibit 2). According to the environmental assessment for the original comfort station (Hawai`i County Parks and Recreation Department 1975), pre -1972 patrons of the park were fairly few and were welcome to use restrooms at the White Sands Beach condominium, until that began to cause issues. The County then brought in limited -use chemical toilets, and finally built the current comfort station in 1976. The project has been designed to minimize onsite disturbance to the degree consistent with safely and effectively providing accessible facilities that serve all members of the public. Of the several dozen trees on the site, two banyans require removal. A number of erosion control measures will be implemented during construction to avoid any contamination of ocean waters sensitive for recreation, cultural practices and marine habitat. These include sediment control devices at grated inlets in the parking area, silt fences, and a stabilized construction entrance. Because of the limited scale of development and planned mitigation, no impacts to any terrestrial biological resources would occur, and impacts to the ocean and the marine resources they support can be avoided through adherence to Many names arc informally used for the natural features and recreational facilities of this area. Keoneohuihui is a beach also known as White Sands Beach, Disappearing Sands, Magic Sands, Magics, and La'aloa. The legal name of the park in which the comfort station is located is Magic Sands Beach Park. Although County Ordinance 94-105 in 1994 merged this park with the park to the south and renamed the entire park La'aloa Bay Beach Park (a name indeed used on the park sign), the official park name is still designated by I lawai'i County Code 15-681 _ In the view of the Department, officially changing the name of the park awaits an amendment of FICC 15.68.L Hence, in this application, the park is referred to as Magic Sands Beach Park. Page l Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application Best Management Practices. No archaeological features or other historic properties will be affected. Several local residents with long cultural ties to the area believe the project has adverse cultural impacts because of its proximity to the culturally and biologically sensitive shoreline and offsite, adjacent cultural sites. The Department has attempted to mitigate that impact as much as practical through design measures, buffers and actions that will protect offsite cultural resources. Minor temporary traffic impacts requiring professional traffic coordination for mitigation will occur during construction, but no permanent impacts will occur because there will be no change in the character or intensity of use. Threatened or endangered species, important farmland, wetlands or other waters of the U.S., or other sensitive resources are not present at the project site and/or will not be adverselyaffected. No adverse cumulative impacts will occur. Construction will begin after all permits have been obtained and is expected to take about one year. The cost of the improvements is estimated at $930,000. Project Objectives The purpose of the project is to create safe, appropriate and compliant access according to the requirements of the Americans with Disabilities Act (ADA) for all park users, while retaining and improving the ability to effectively maintain the park. The ADA was signed into law on July 26, 1990, by President George H.W. Bush. It is one of America's most comprehensive pieces of civil rights legislation. It prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life — to enjoy employment opportunities, to purchase goods and services, and to participate in state and local government programs and services. Modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin — and Section 504 of the Rehabilitation Act of 1973 — the ADA is an "equal opportunity" law for people with disabilities. Without these improvements, the park would not be fully accessible, leading to inconvenience for disabled patrons and even the possibility that they would not be able to access many of the park's facilities at all. C Description of Subject Property and Existing Uses, Structures and Topography The project site is part of Magic Sands Beach Park near the boundary of La`aloa and Pahoehoe in Kailua-Kona. It is bounded by the ocean, Alii Drive, and private properties (Exhibit I, Figures 1-3). The project would take place on portions of several County properties (portions of TMKs (3rd) 7-7- 008: 017, 094, and 107; 7-7-010:036; and the right-of-way of Ali`i Drive). Existing uses at the project site consist of recreation and appurtenant uses such as restrooms and parking. The only existing structure is a non -ADA compliant comfort station (see Exhibit I, Figure 2). Underground water and sewage pipelines are present, and there is a drainage inlet in the pavement area. Aside from the natural, bare shoreline area, most of the project site has been either graded and landscaped or is heavily managed, and no totally intact native vegetation exists. A number of ornamental native and non-native trees are present, most of them coconut trees, with several banyans and hau trees around the comfort station. Page 2 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application D Statement of Valuation The current estimated cost of the improvements is $930,000, which will be refined as the design becomes final. E State/County Plans Hawaii State Plan Adopted in 1978 and last revised in 1991 (Hawai`i Revised Statutes, Chapter 226, as amended), the Plan establishes a set of themes, goals, objectives and policies that are meant to guide the State's long - run growth and development activities. The three themes that express the basic purpose of the Hawaii State Plan are individual and family self-sufficiency, social and economic mobility and community or social well-being. The Proposed Action would promote these goals by ensuring ADA accessibility at a critically important recreational facility and providing, with no substantial adverse environmental or social impacts, accessible recreational facilities in keeping with State and federal laws, thereby enhancing quality -of -life and community and social well-being. Hawaii State Land Use Law All land in the State of Hawaii is classified into one of four land use categories — Urban, Rural, Agricultural, or Conservation — by the State Land Use Commission, pursuant to Chapter 205, HRS. The property is in the State Land Use Urban District. The Proposed Action for continued use of the project site as a park is consistent with intended uses for this Land Use District. Hawaii County Zoning The project site is zoned Open, and a park is a permitted use in this zoning category. No change of zone is required to implement the Proposed Action. Plan Approval by the Planning Department will be required. General Plan The General Plan for the County of Hawai`i is a policy document expressing the broad goals and policies for the long-range development of the Island of Hawaii. The plan was adopted by ordinance in 1989 and revised in 2005 (Hawaii County Planning Department). The General Plan itself is organized into thirteen elements, with policies, objectives, standards, and principles for each. There are also discussions of the specific applicability of each element to the nine judicial districts comprising the County of Hawai`i. Most relevant to the proposed project are the following Goal and Policies, and Courses of Action of particular chapters of the General Plan: RECREATION 12.2 GOALS a) Provide a wide variety of recreational opportunities for the residents and visitors of the County. b) Maintain the natural beauty of recreation areas. c) Provide a diversity of environments for active and passive pursuits. Page 3 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application 12.3 POLICIES a) Strive to equitably allocate facility -based parks among the districts relative to population, with public input to determine the locations and types of facilities. c) Recreational facilities shall reflect the natural, historic, and cultural character of the arca. d) The use of land adjoining recreation areas shall be compatible with community values, physical resources, and recreation potential. g) Facilities for compatible multiple uses shall be provided. h) Provide facilities and a broad recreational program for all age groups, with special considerations for the handicapped, the elderly, and young children. i) Coordinate recreational programs and facilities with governmental and private agencies and organizations. Innovative ideas for improving recreational facilities and opportunities shall be considered. 12.4 STANDARDS c) Parks for General Use: Centered around a major natural asset, such as a sandy beach, a prime forest, or a volcanic feanue and includes historic sites whenever feasible. Designed to accommodate users from throughout the County. Beach parks provide opportunities for swimming/sunbathing, surfing, camping, fishing, boating, nature study, and other pastimes. Every section of the island should be adequately served. Facilities depend on size and intensity of use but should include: restrooms with showers; picnic facilities; a defined tent camping area when allowed; drinking water; adequate parking; pavilions of various sizes; and lifeguard facilities. 12.5.2.2 COURSES OF ACTION FOR NORTH KONA c) Improve facilities at Laaloa Bay Beach Park [Magic Sands Beach Park] and Kahaluu Beach Park. Discussion: The Proposed Action provides a Park for General Use with accessible facilities. It satisfies relevant goals, policies, standards and course of action for recreation. HISTORIC SITES 6.2 GOALS a) Protect, restore, and enhance the sites, buildings, and objects of significant historical and cultural importance to Hawai`i. b) Appropriate access to significant historic sites, buildings, and objects of public interest shouldbemadeavailable. Discussion: The Proposed Action has involved appropriate archaeological survey to determine the absence of significant historic sites on the project site, and has also involved mitigation measures to protect adjacent historic sites. Therefore the action satisfies relevant goals, policies, and courses of action for historic sites in Hawai`i County. NATURAL BEAUTY 7.2 GOALS a) Protect, preserve and enhance the quality of areas endowed with natural beauty, including thequalityofcoastalscenicresources. b) Protect scenic vistas and view planes from becoming obstructed. Page 4 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application c) Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. 7.3 POLICIES a) Increase public pedestrian access opportunities to scenic places and vistas. d) Access easement to public or private lands that have natural or scenic value shall be provided or acquired for the public. h) Protect the views of areas endowed with natural beauty by carefully considering the effects of proposed construction during all land use reviews. i) Do not allow incompatible construction in areas of natural beauty. The Hawai`i County General Plan (Hawaii County 2005:7-12) notes regarding scenic resources in North Kona that: The Kona districts have long attracted people because of their natural beauty. Although man-made structures are in some places dominant, the vast expanse of the Kona landscape is still the area's most striking feature. North Kona, in the area called Kekaha, is characterized by a sense of openness created by expansive areas of lava flows. Vegetation on the lava is comprised of low pockets of grasses and scrub trees. From the coastline, the land climbs slowly to the distant saddle plateau between Mauna Kea and Mauna Loa. This long natural grade also contributes to the sense of openness and space. The rest of North Kona is dominated by Hual5lai. Its steep slopes provide a green backdrop when viewed from the coast, or spectacular views of the coastline, ocean and horizon from higher elevations. Part of Kona's natural beauty is also due to the wide range of climatic conditions in a relatively short distance. Such variations extending from the coastal areas to the higher elevations are evidenced by changes in vegetation, producing a wide scope of different physical environments." Discussion: Although Magic Sands Beach Park is not explicitly listed as an example of natural beauty, the site is highly scenic. Along with the more extensive shoreline frontage near Kamoa Point (Lyman's surf spot) and Kahalu'u County Beach Park, Magic Sands Beach Park is one of the few stretches along the southern half of Ali`i Drive where development does not block ocean views. The Proposed Action does not involve adverse impacts to scenic areas or vantages and would not be inconsistent with the natural beauty of the Kona shoreline area. Therefore the action is consistent with relevant goals, policies, and courses of action of the Natural Beauty section of the Hawaii County General Plan. NATURAL RESOURCES 8.2 GOALS a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. b) Provide opportunities for recreational, economic, and educational needs without despoiling or endangering natural resources. c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant environmental and natural resources. e) Protect and effectively manage Hawaii's open space, watersheds, shoreline, and natural areas. 8.3 POLICIES b) Encourage a program of collection and dissemination of basic data concerning natural resources. h) Encourage public and private agencies to manage the natural resources in a manner that avoids or minimizes adverse effects on the environment and depletion of energy and natural resources to the fullest extent. Page 5 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application i) Encourage an overall conservation ethic in the use of Hawaii's resources by protecting, preserving, and conserving the critical and significant natural resources of the County ofHawaii. u) Ensure that activities authorized or funded by the County do not damage important natural resources. Discussion: The Proposed Action does not involve destruction of natural resources and is consistent with the goals, standards and policies of the Natural Resources chapter of the Hawai`i County GeneralPlan. The Hawai 'i County General Plan Land Use Pattern Allocation Guide (LUPAG). The LUPAG mapcomponentoftheGeneralPlanisagraphicrepresentationofthePlan's goals, policies, and standards as well as of the physical relationship between land uses. It also establishes the basic urban and non- urban form for areas within the planned public and cultural facilities, public utilities and safetyfeatures, and transportation corridors. The project site is classified as Open in the LUPAG. Continuinguseoftheprojectsiteforaparkisconsistentwiththisdesignation. Kona Community Development Plan The Kona Community Development Plan (CDP) encompasses the judicial districts of North and South Kona, and was developed under the framework of the February 2005 County of Hawaii General Plan. Community Development Plans are intended to translate broad General Plan Goals. Policies, and Standards into implementation actions as they apply to specific geographical regions around the County. CDPs are also intended to serve as a forum for community input into land -use, delivery ofgovernmentservicesandanyothermattersrelatingtotheplanningarea. The General Plan now requires that a Community Development Plan shall be adopted by the CountyCouncilasan "ordinance," giving the CDP the force of law. This is in contrast to plans created prior to 2008, which were adopted by "resolution" and served only as guidelines or reference documents todecision -makers. The Kona CDP was adopted in September 2008 by the County Council. The Plan has many elements and wide-ranging implications, but there are several major strategies that embody the guiding principles related to the economy, energy, environmental quality, flooding andothernaturalhazards, historic sites, natural beauty, natural resources and shoreline, housing, publicfacilities, public utilities, recreation, transportation and land use. Maintenance and upgrade actions in La`aloa area parks are specifically addressed in a prescribedaction, which is fulfilled by the proposed project: Action PUB -7.2c: Provide for upgrading and maintenance to the public facilities in critical need of attention (PR, DPW, on-going):i. Develop a strategic management plan for upgradingfacilitiesatKahalu`u Beach Park, La'aloa Bay Beach Park, Hale Halawai, Higashihara Park. Yano Hall. Note that the parks in the La 'aloe area include La 'aloa Bay Beach Park, Kipapa Park, andMagicSandsBeachPark, which is also referred to as Disappearing Sands or White Sands, aspartofLa `aloes Bay Beach Park J Page 6 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application The accessibility improvements arc consistent with various transportation -related elements of the Kona CDP, which states that"... future urban development must contribute to a well-connected local transportation network that provides for safe, direct, and convenient access for automobile, bicycle, and pedestrian traffic" (p. 4-5), and includes the following Policy and Action: Policy TRAN-3. I: Street Standards. County street standards should be pedestrian -friendly, safely accommodate bicycles, accessible to the disabled, and appropriate for its surrounding land use context. Action PUB -3.4c: Continue to implement curb ramp program for streets and sidewalks and parks and recreation program facilities (PR, DPW, on-going). In its promotion of accessible parks and routes to access them, the Proposed Action is also consistent with the transportation network shown in Figure 4-2c of the CDP, and thus Policy TRAN-1.1: Official Transportation Network Map, which shows proposed transit routes, proposed arterials and collectors, and pedestrian/bicycle paths. Furthermore, the Proposed Action accomplishes the objective of improving recreation for all while preserving environmental values and the visual quality and character of the Kailua urban area, which is consistent with many aspects of the Kona CDP. F Project's Relationship to Objectives and Policies of Chapter 205a, HRS, and the SMA Guidelines F.A. Consistency with SMA Policies The proposed land use complies with provisions and guidelines contained in Chapter 205A, Hawaii Revised Statutes (HRS), entitled Coastal Zone Management. The proposed use would be consistent with Chapter 205A because it would benefit and not adversely affect public access to recreational areas, historic resources, scenic and open space resources, coastal ecosystems, economic uses, or coastal hazards. A discussion of the Proposed Action's impact to each of these resources follows. I. Recreational Resources A. Improve coordination andfunding of coastal recreational planning and management: and; B. Provide adequate, accessible. and diverse recreational opportunities in the coastal zone management area by: i) Protecting coastal resources uniquely .suited for recreational activities that cannot be provided in other areas; ii) Requiring replacement of coastal resources having significant recreational value including. but not limited to surfing sites. fishponds, and sand beaches, when such resources will be unavoidably damaged by development: or requiring reasonable monetary compensation to the State fn- recreation when replacement is not feasible or desirable; iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value; iv) Providing an adequate supply of shoreline parks and other recreational facilities suilctblefhr public recreation: Page 7 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application v) Ensuring public recreational uses of county, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources; vi) Adopting water quality standards and regulating point and nonpoint sources of pollution to protect, and where feasible, restore the recreational value of coastalwaters; vii) Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; andviii) Encouraging reasonable dedication ofshoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of land and natural resources, and county authorities; and crediting suchdedicationagainsttherequirementsofsection46-6; The accessibility improvements would not adversely affect any recreational resources in any manner, and the Proposed Action expands recreational uses for disabled users in the popular Magic Sands Beach Park. The Proposed Action would not restrict any shoreline uses such as hiking, fishing, water sports, or other recreational resources. It would not in any manner adversely affect water quality, othernaturalresources, The Proposed Action would help the Department in its mission to provide adequate, accessible and diverse recreational opportunities. 2. Historic Resources Al Identify and analyze significant archaeological resources; B) Maximize in/brmation retention through preservation of remains and artifacts or salvage operations; and C) Support state goals for protection, restoration, interpretation, and display of historicresources. A full survey of the project site was conducted involving fieldwork, consultation and review of documentary sources, including maps, local histories, ethnographic accounts, previous archaeological studies, and records of land use. The project site was walked in meandering sweeps from Alii Drive to the water's edge, beginning at the north end of the beach park and ending at the southern end of the project site adjacent to the reconstructed rock wall (Site 50-10-37-21219) located at the boundary withLa'aloa Ahupua'a. This area is swept by waves during high surf and is in intensive use for sunbathing, picnicking and volleyball. No historical properties of any kind were identified within the project site. Sites 21219 (the reconstructed ahupua 'a boundary wall) and Site 21220 (a ki7'ula or fishing deitystone) were confirmed to be located outside the project site. However, it should be noted that archaeological resources directly adjacent to the project site are abundant, and the relationship betweentheculturalandarchaeologicalresourcesisrichandcomplex. The broad significance of those archaeological resources is not limited to any property or even ahupua'a boundaries in this area. Theprojecthasbeencarefullydesignedtoavoidimpactstooffsiteresources. In the event that project work reveals unanticipated archaeological resources, work in the immediate vicinity of the finds will be halted and DLNR-SHPD contacted, in compliance with HAR 13§13-280. Page 8 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application 3. Scenic and Open Space Resources A. Identify valued scenic resources in the coastal zone management area: B. Ensure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; Preserve. maintain. and, where desirable. improve and restore shoreline open space and scenic resources; and D. Encourage those developments that are not coastal dependent to locate in inland areas. The guidelines contained in Rule 9 of the Hawai`i County Planning Commission Rules (which governs the SMA) express the intent to minimize development that would "substantially interfere with or detract from the line of site toward the sea from the State Highway nearest the coast or from other scenic areas identified in the General Plan." The Hawaii County General Plan (Hawai'i County 2005:7-12) notes regarding scenic resources in North Kona that: The Kona districts have long attracted people because of their natural beauty. Although man-made structures are in some places dominant, the vast expanse of the Kona landscape is still the area's most striking feature. North Kona, in the area called Kekaha, is characterized by a sense of openness created by expansive areas of lava Flows. Vegetation on the lava is comprised of low pockets of grasses and scrub trees. From the coastline, the land climbs slowly to the distant saddle plateau between Mauna Kea and Mauna Loa. This long natural grade also contributes to the sense of openness and space. The rest of North Kona is dominated by Hualalai. Its steep slopes provide a green backdrop when viewed from the coast, or spectacular views of the coastline, ocean and horizon from higher elevations. Part of Kona's natural beauty is also due to the wide range of climatic conditions in a relatively short distance. Such variations extending from the coastal areas to the higher elevations are evidenced by changes in vegetation, producing a wide scope of different physical environments." The proposed improvements would not interfere with or detract from the line of toward the sea from the State Highway (Queen Ka`ahumanu Highway) nearest the coast. Although Magic Sands Beach Park is not explicitly called out as an example of natural beauty in the General Plan, the site is highly scenic. Along with the more extensive shoreline frontage near Kamoa Point (Lyman's surf spot) and Kahalu`u County Beach Park, Magic Sands Beach Park is one of the few stretches along the southern half of Alii Drive where development does not block ocean views. The Proposed Action does not involve adverse impacts to scenic areas or vantages and would not be inconsistent with the natural beauty of the Kona shoreline area, Therefore the action is consistent with relevant goals, policies, and courses of action of the Natural Beauty section of the I lawai'i County General Plan. Furthermore, the Proposed Action maintains the quality of scenic and open space resources by leaving the coastal area in an open, recreational condition. The improvements would be compatible with the visual environment in the area. Open space uses such as recreation are to some extent coastal dependent in Hawaii, as laws and regulations restrict other uses and encourage recreation. Page 9 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application 4. Coastal Ecosystems A. Exercise an overall conservation ethic, and practice stewardship in the protection, use, anddevelopmentofmarineandcoastalresources; B. Improve the technical basis for natural resource management; C. Preserve valuable coastal ecosystems, including reefs, of significant biological or economicimportance; D. Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competingwaterneeds; and E. Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water qualitythroughthedevelopmentandimplementationofpointandnonpointsourcewaterpollution control measures. The nature, location and design of the proposed improvements, along with precautions that wilt be undertaken during construction, would minimize impacts to estuarine, nearshore and marine water quality and biological resources and represent appropriate stewardship and protection. No threatened or endangered animal or plant species would be affected. Coastal Ecosystem Policies B, D and E arc related to regulatory agency functions and are beyond thescopeofthisSMAapplication. 5. Economic Uses A. Concentrate coastal dependent development in appropriate areas; B. Ensure that coastal dependent development such as harbors and ports, and coastal related development such as visitor industry facilities and energy' generating facilities, are located, designed, and constructed to minimize adverse social, visual, and environmental impacts in the coastal zone management area; and Direct the location and expansion of coastal dependent developments to areas presentlydesignatedandusedforsuchdevelopmentsandpermitreasonablelong-term growth at such areas, and permit coastal dependent development outside ofpresently designated areaswhen: i) Use of presently designated locations is not feasible; Adverse environmental effects are minimized; and iii) The development is important to the State's economy. The Economic Uses Policies are related to regulatory agency functions and are beyond the scope of this SMA application. However, the Proposed Action use would not adversely affect any economic aspects of the coastal zone, and it would positively contribute to the economy by providing adequateandaccessiblefacilitiesforresidentsandvisitors. 6. Coastal Hazards A. Develop and communicate adequate information about storm wave, tsunami, flood, erosion, subsidence. and point and nonpoint sourcc pollution hazards; Page 10 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application B. Control development in areas subject to storm wave. tsunami. flood erosion, hurricane, wind, subsidence, and point and nonpoint source pollution hazards: C. Ensure that developments comply with requirements of the Federal Flood Insurance Program D. Prevent coastal flooding from inland projects. Coastal Hazard Policy A is related to regulatory agency functions and is beyond the scope of this SMA application. The proposed improvements would be undertaken mostly just outside designated coastal floodplains. The proposed continuing land use, a public beach park, is consistent with approved open - space uses and will not adversely affect any floodplain. Maps printed by the Pacific Tsunami Warning Center/Hawai`i County Civil Defense Agency locate the project site within an arca that should be evacuated during a tsunami warning (haps://tsunami.coast.noaa.gov/#/). Warning sirens are present nearby and the arca can readily be evacuated in the event of a tsunami or other coastal hazard emergency. No aspect of the Proposed Action would adversely affect the public exposure to coastal hazards. A scenario of modest sea level rise might not markedly affect the integrity or utility of the comfort station or other accessible features, at least not for several decades. More rapid or extreme rises could place these facilities within a zone where the frequency and severity of flooding led to repeated damage that hindered their utility. The Department has considered the risk of sea level rise and determined that the uncertain degree and timing of this risk and the long time scenario indicates that it still prudent to undertake the Proposed Action as planned. This would allow the public to realize its benefits for a period of up to many decades, rather than fail to implement it and lose critical functionality at an important recreational site. 7. Managing Development: A. Use, implement. and enfhree existing law effectively to the maximum extent possible in managing present and future coastal zone development; B Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements: and C. Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process. Managing Development Policies A and B are related to regulatory agency functions and arc beyond the scope of this SMA application. The Proposed Action has included extensive public involvement including preparation of an Environmental Assessment in compliance with Chapter 343, HRS. The Final EA addressed the short and long-term impacts of the Proposed Action, and its distribution during the public review process supports communication of information to the public. The Proposed Action conforms with the State and County land use designations for the area and would support land use in accordance with State and County plans. 8. Public Participation A. Promote public involvement in coastal zone management processes; B. Disseminate information on coastal management issues by means of educational materials, published reports, staff contact. and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and Page I I Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application C. Organize workshops, policy dialogues, and site-specific mediations to respond to coastal issuesandconflicts. With respect to Policies A and B, the Proposed Action included extensive public involvement including the preparation of an Environmental Assessment in compliance with Chapter 343, HRS. During the Special Management Area process, an applicant will notify the surrounding propertyownerswithin300feetoftheperimeterofthepropertyasrequiredbyPlanningCommissionRule No. 9, public hearing notification requirements. An applicant is required to serve a First Notice to the surrounding property owners of the proposed development at the time the Special Management AreaUsePermitApplicationissubmittedtothePlanningDirector. The First Notice informs the surrounding property owners of the opportunity to participate in the evaluation of the Applicant's request in the Special Management Area Use Permit Application. The public participation processincludestheContestedCaseHearingprocess. As such, the public's participation begins as soon as the Application is submitted to the Planning Department. The public is able to submit their comments andprovideinformationtothePlanningDirectorpriortotheschedulingoftheSpecialManagementArea Use Permit Application for a public hearing. This public hearing improves the development review process, communication, and public participation in the management of coastal resources and hazards. Public Participation Policy C is related to regulatory agency functions and is beyond the scope of thisSMAapplication. 9. Beach Protection: A. Locate new structures inlandfrom the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due toerosion; B. Prohibit construction ofprivate erosion protection structures seaward of the shoreline, except when they result in improved aesthetic and engineering solutions to erosion at the sites and donotinterferewithexistingrecreationalandwaterlineactivities; C. Minimize the construction ofpublic erosion protection structures seaward of the shoreline; D. Prohibit private property owners from creating a public nuisance by inducing or cultivating theprivatepropertyowner's vegetation in a beach transit corridor; and E. Prohibit private property owners from creating a public nuisance by allowing the private property owner's unmaintained vegetation to interfere or encroach upon a beach transit corridor. The project simply replaces existing highly necessary structures and locates them slightlymaukaoftheirexistinglocation. No erosion control structures are involved. No aspect of theProposedActionwouldadverselyaffectthebeachrelativetoexistingconditions, It is recognized that a rapid or extreme rise in sea level could place the structures in a more activebeachzoneandrequireremovalofthecomfortstation. The Department has considered the risk of sea level rise and determined that the uncertain degree and timing of this risk and thelongtimescenarioindicatesthatitstillprudenttoundertaketheProposedActionasplanned. This would allow the public to realize its benefits for a period of up to many decades, ratherthanfailtoimplementitandlosecriticalfunctionalityatanimportantrecreationalsite. Page 12 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application 10. Marine Resources. A. Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial; B. Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency; C. Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone: D. Promote research. study, and understanding of ocean processes. marine life, and other ocean resources to acquire and inventory information necessary to understand how ocean development activities relate to and impact upon ocean and coastal resources; and E Encourage research and development of new, innovative technologies far exploring. using. or protecting marine and coastal resources. With respect to Policy A, the project site is located away from the water and is designed to have no effect on marine resources, including shipping, ocean recreation, or fishing. Proper treatment of drainage and wastewater ensure that there will be no substantial impact on the biological or economic aspects of the coastal ecosystem. The Proposed Action is consistent with existing State and County Plans as well as the existing zoning. Marine Resources Policies B, C, D and E are related to regulatory agency functions and are beyond the scope of this SMA application. The Proposed Action avoids any impact to marine resources by minimizing and mitigating water quality impacts. F.B. Consistency with SMA Review Guidelines 1. All development in the special management area shall he subject to reasonable terms and conditions set by the authority in order to ensure: A. Adequate access, by dedication or other means. to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles: B. Adequate and properly located public recreation areas and wildlife preserves are reserved: C. Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon special management area resources; and D. Alterations to existing landforms and vegetation, except crops, and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods, wind damage, storm surge, landslides, erosion. siltation, or failure in the event of earthquake. The County of Hawai`i, Department of Parks and Recreation, understands that approval is subject to reasonable terms and conditions to ensure the Proposed Action is consistent with the applicable SMA polices. The project site will not affect any existing public access, except in a positive way. Wastewater will be appropriately treated in the municipal wastewater system in conformance with Department of Health rules. The Proposed Action improves a recreational amenity with a not Page 13 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application unreasonable risk of natural hazards and no substantial adverse environmental or ecological impactbasedupontheenvironmentalanalysisdocumentedintheFinalEA. 2. No development shall be approved unless the authority has first found: A. That the development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed bypublichealth, safety, or compelling public interests. Such adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and the elimination of planningoptions; B. That the development is consistent with the objectives, policies, and special management area guidelines of this chapter and any guidelines enacted by the legislature; and C. That the development is consistent with the county general plan and zoning. Such a finding ofconsistencydoesnotprecludeconcurrentprocessingwhereageneralplanorzoningamendmentmayalsoberequired The Proposed Action should not have any substantial adverse environmental or ecological impact based upon the environmental analysis documented in the Final EA. Necessary mitigative measures to minimize project -related impacts have been identified in various sections of the EA and in this application. The EA also included evaluating the cumulative impact from this project on the environment. The Proposed Action would be consistent with the pertinent SMA objectives and policies as previously addressed. Proposed improvements would also be consistent with the County's land useplan, zoning, policies and regulations. No valuable natural or cultural resources would be committed or lost. No historic sites are present, and the proposed improvements will increase the utility of the park and its cultural value as a traditional community gathering area. The project site and surrounding areas support recreational, cultural, resort and agricultural uses that will not be adversely affected by the proposed action. The Proposed Action does require irretrievable and irreversible commitment of development costs, resources and labor tomaketheimprovements. 3. The authority shall seek to minimize, where reasonable: A. Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth. slough orlagoon; B. Any development which would reduce the size oJfany beach or other area usable for publicrecreation; Any development which would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions oJ'rivers and streams within the special management areas and the mean high tide line where there is no beach; D. Any development which would substantially interfere with or detract from the line of -sighttowardtheseafromthestatehighwaynearestthecoast; and E. Any development which would adversely affect water quality, existing areas of open water free of visible structures, existing and potential,fesheries and fishing grounds, wildlife habitats, or potential or existing agricultural uses of land Page 14 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application The Proposed Action would not impact any of the factors identified under this review guideline. Project improvements would not involve: I) the dredging, filling, or altering of any bay, estuary, salt marsh, river mouth, slough, or lagoon; 2) reducing the size of any beach or area used for public recreation; 3) reducing access or imposing restrictions on public access to tidal and submerged lands, beaches, rivers and streams; 4) substantial interference with or detraction from the line of sight toward the sea from the state highway nearest the coast; or 5) fisheries or fishing grounds, wildlife habitats, and existing agricultural uses of land. F.C. Consistency with Grounds for Approving an SMA Major Use Permit I. The development will not have any substantial adverse environmental or ecological effect except as such adverse effect is minimized to the extent practicable and is clearly outweighed by public health, safety or compelling public interest The Proposed Action should not have any substantial adverse environmental or ecological impact based upon the environmental analysis documented in the Final EA. Necessary mitigative measures to minimize project related impacts have been identified in various sections of the document and in this application. 2. The development is consistent with the objectives and policies and the Special Management Area guidelines as provided in Chapter 205A. HRS. Sec discussion in Section F.A and F.B above. 3. The development is consistent with the General Plan, Zoning Code and other applicable ordinances. The consistency of the Proposed Action with the General Plan for the County of Hawaii is discussed in Section 3E, above. The Proposed Action is completely consistent. The project site is zoned Open and the continuing use as a park is a permitted use in this zoning category. 4. The development will, to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist, including specific factual findings regarding: A. The identity and scope of valued cultural, historical or natural resources in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area: B. The extent to which those resources, including traditional and customary native Hawaiian rights, will be affected or impaired by the proposed action; and C. The, feasible action, if any, to be taken by the Authority to reasonably protect any valued cultural, historical or natural resources, including any existing traditional and customary native Hawaiian rights. For background, the project site is currently a landscaped park in heavy use with an existing comfort station that requires extensive maintenance and redesign and is required by a legal settlement to become ADA -accessible. Page 15 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application Exhibit 2 contains a Cultural Impact Assessment as Appendix 3 and an extensive discussion of the cultural resources in Kona, the project area, and the project site. This discussion will not be repeatedhere. In summary, archaeological research, review of previous cultural assessments, and discussions with consultees specifically for this project revealed several important cultural sites that, while not on the project site itself, are adjacent to the existing comfort station, including the reconstructed iwi 'ulna stone wall, the ku'u/a or fishing shrine re -constructed by the Kipapa 'ohana in March 2015, and a named punnwai (spring) that had also been used as a Japanesefuro. Although no specific ongoingcustomarypracticesassociatedwiththeiwi 'dina wall or the pamawai were identified through the background research or consultation process, these sites arc recognized by the consulted parties as valued cultural and historical resources. An important natural resource identified by consultees werehautreeslocatedonthewestsideofthecomfortstation, described as a k/no/au (physical manifestation) of the goddess Haumea. The fibrous bark from which cordage and hula adornments are made and the light buoyant wood is also culturally valued. Impacts to Valued Natural, Cultural and Historical Resources Some consultees. while preferring to have the comfort stations relocated, expressed a willingness to accept the improvements if they would improve the health and betterment of the community. However, most felt that the Proposed Action to renovate the comfort station in place was to some degree culturally offensive. When asked about the cultural significance of the area, Mr. Curtis Tyler spoke of the importance of understanding the deeply connected cultural landscape of Pahoehoe and La'aloa. He also pointed out the proximity of a heiaa often identified as Haukalua. Although not citing directimpactstoanyoftheseresources, Mr. Tyler explained that the plans to keep the comfort station in its existing location were entirely inconsistent with the pre-existing cultural landscape of the area. Mr. Tyler said that it was "hewn" (offensive, mismanage) from a cultural perspective to have this agingfacilitysoclosetoapimdwai, a place traditionally used by his ancestors and others to obtain drinkingwater, and the other culturally significant places. He said that that complete removal of the comfort station and showers to the mauka portion of the Kipapa Park across Ali`i Drive is the most culturallyandenvironmentallyresponsibleactionthattheDepartmentcouldtake. Such a relocation would alsobeinalignmentwiththepreservationplanfortheportionofthebeachparksthatarewithintheLa'aloaAhupua'a. Mr. Tyler indicated that during periods of high surf, sea water floods the bathroom and the adjacent area and that the contaminated runoff finds its way back into the ocean. He stated that movingthecomfortstationinlandseveralfeetwillnotmitigatetheseimpacts. He expressed his distrust andfrustrationwiththeDepartmentforitslackofconsiderationandfailuretoheedtheconcernsand suggestions of the descendant communities. He shared that this project is the perfect opportunity fortheDepartmenttobegintheprocessofmakingthingspono (just, right) and rebuilding trust with thedescendantcommunities, especially after so many decades of neglect and mismanagement. He believes that continuing to keep the comfort stations in its existing location only adds to the frustration anddistrustintheDepartment's ability to work with descendant communities. The County carefully considered the opinions of the consultees as it attempted to address the need for a comfort station at the park to service the many patrons, including some who are disabled and arelegallyentitledtoaccessiblefacilities. Relocation of the comfort station across the street was studied indetail. Although a comfort station in that location would be beneficial and will be considered in thefutureasfundingallows, that site is not without its own issues and, most importantly, would not meetthepurposeandneedofthisproject. If the comfort station and shower facilities were entirely limited tothemaukasideofAliiDrive, all park users would be required to cross Ali`i Drive to utilize them. Page 16 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application This would exacerbate conflicts between pedestrians and vehicles that already exist and might ultimately lead to injuries. In terms of the location on the property makai of Alii Drive, the comfort station cannot be relocated farther from the southern boundary of the property because the existing location is the only "buildable" area per County Zoning. In the interest of public health and safety, the comfort station/shower complex is planned to remain essentially on and just slightly mauka, of its current footprint. The Department plans a number of measures to mitigate cultural concerns. The footprint of the facility has been made smaller and the number of fixtures decreased. The outdoor shower has been moved to the inside of the building and covered to mitigate any shower water running off to the beach/ocean. Although it is acknowledged that the existing and future comfort station and other recreational facilities are near the puninvai and the reconstructed iwi ?Una stone wall, the Department feels that these elements can be protected through proper construction buffers and public education. Ground - disturbing activities near these sites will be undertaken with caution so that any groundwater resources that may be feeding into the spring arc not disturbed. It is understood that the current alignment of the reconstructed iwi 'diva just outside the project site is historically incorrect. As part of a separate project in the Cultural Preserve Arca portion of La'aloa Beach Park, the Department plans to realign the wall to its original location, with the reconstruction stylistically matching the more mauka alignment of this same wall that is still extant on the eastern side of Alii Drive. The Department agreed that any wood from hau trees that required removal would be offered as a donation to a hula Mau or other cultural practitioners who might be able to utilize this plant in a culturally appropriate manner. However, after design adjustments, it was determined that no hau trees would require removal. Finally, the Department recognizes the need to continue to work with the descendant communities to identify ways to mitigate cultural impacts and improve the park for all stakeholders. The Office of Hawaiian Affairs, State Historic Preservation Division, and parties who shared information about cultural practices were supplied a link to the Draft EA, which was also available for review by agencies and the general public, in order to help finalize the mitigation measures. Again, nearly all the consultees and other with cultural connections to the area who replied, including Mr. Tyler, Malia Kipapa, and Simmie and Loke McMichael, did not favor the proposed action for a variety of reasons, primarily but not exclusively cultural ones. They stated that archaeological, cultural and natural resources would be impacted, that it was out of keeping with the preservation plan for the next door arca, that it was inconsistent with and inconsiderate of near -unanimous descendant input, that certain resources were mischaracterized, and that mitigation measures were inadequate. The Department responded that while it appreciated the review of the EA and has attempted to listen carefully to the concerns, it does not concur with these evaluations. In the view of the Department, comfort stations are not by their nature inherently unclean and inappropriate uses. They answer the normal, healthy needs of the human body and are a necessary component of homes, businesses, recreational sites and places of worship. They are only unclean if they are designed and maintained poorly and abused by the public. The restroom already exists and the planned improvements will reduce the level of current impacts while providing a critically important beach park function that cannot reasonably be abandoned or relocated. The Department knows from long experience of maintaining parks that without facilities at needed locations, some parkgoers avail themselves of the nearest bushes and create health problems. The area was carefully inventoried for archaeological and cultural resources; while it is acknowledged that the exact location and names of some offsite features were difficult to establish, it is clear that the project is not sited on identified cultural sites, including trails, springs, walls, burials, or similar features. Project design has been careful to avoid encroachment on buffers around offsite cultural resources that were established as part of preservation plans. Page 17 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application In the view of the Department, the Proposed Action will not have an adverse effect on valued cultural, historical or natural resources of the project site, including Native Hawaiian rights, and in fact willenhancethevalueoftheparkforcontinuationofshoreline -related cultural practices, because it will be more accessible, safer and useful. No additional actions are necessary to be taken by the PlanningCommissiontoreasonablyprotectanyvaluedcultural, historical or natural resources. G Surrounding Zoning and Land Uses Magic Sands Beach Park is bordered by the following: On the north, by the Kona Magic Sands Condominium (zoned V 1.25 Resort); On the south, by La'aloa Beach Park (zoned Open), which is utilized for historic preservation; On the east, by Alii Drive and across this street by Kipapa Park and White Sands VillageCondominium (zoned VI .25 Resort); and On the west, by the Pacific Ocean. II Flood Insurance Rate Map Designation Floodplain status for most coastal areas of the island of Hawaii has been determined by the FederalEmergencyManagementAgency (FEMA), which produces the National Flood Insurance Program'sFloodInsuranceRateMaps (FIRM). Most of the park is depicted within Zone VE on the FIRM maps, with a base flood elevation of 13 feet (Exhibit I, Figure 4). The VE Flood Zone, also known as thecoastalhighhazardarea, is the area subject to high velocity water including waves and tsunami; it isdefinedbytheI % annual chance (base) flood limits (also known as the 100 -year flood) and waveeffects3feetorgreater. As illustrated in Exhibit 1, Figure 2, most of the project site is a beachbetweentwobasaltshorelineshelfs, which is strewn with rounded boulders deposited by large waves. Thick deposits of coarse white sand pile up in summer, only to be scoured away by winter storms, hence the name Magic Sands or Disappearing Sands. The park's location near the shoreline and partially within the VE Zone brings with it inherent floodriskfromstormsandtsunami. The Proposed Action has been conceived and designed to minimizeconstructionintheVEfloodhazardzonetotheextentconsistentwithaccomplishingkeygoalofaccessiblefacilities. The footprint of the existing comfort station is partially within the flood zone; theproposedcomfortstationfootprintislocatedoutsideit. The ADA barbecue grill, picnic table and associated walkway are within the flood zone but are not "structures" and require no floodproofing. There will be no impact on the base flood elevation or the size of the floodplain. I Archaeological Resources An archaeological assessment survey (AAS) of the project site was conducted by ASM Affiliates, Inc. The report is attached as Appendix 4 of Exhibit 2 and summarized below. The methods used for the research involved fieldwork, consultation and review of documentarysources, including maps, local histories, ethnographic accounts, previous archaeological studies, andrecordsoflanduse. Archaeological resources directly adjacent to the project site are abundant, and therelationshipbetweentheculturalandarchaeologicalresourcesisrichandcomplex. The broad Page 18 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application significance of those archaeological resources is not limited to any property or even ahupua 'a boundaries in this area. On February 9, 2018, ASM's Benjamin Barna, PhD., conducted an intensive on -foot archaeological survey of the entire project site (100% surface survey). The project site was walked in meandering sweeps from Alii Drive to the water's edge. beginning at the north end of the beach park and ending at the southern end of the project site adjacent to the reconstructed rock wall (Site 50-10-37-21219) located at the boundary with La'aloa Ahupua'a. This area is swept by waves during high surf and is in intensive use for sunbathing, picnicking and volleyball. No historical properties of any kind were identified within the project site. Sites 21219 (the reconstructed ahupna'a boundary wall) and Site 21220 (a Wilda or fishing deity stone) were confirmed to be located outside the project site. Given the absence of archaeological resources within the project site per se, it was concluded that the proposed replacement of the comfort station and accessibility improvements at Magic Sands Beach Park would not impact any known historic properties. Two historic properties (Sites 21219 and 21220) that are subject to an existing preservation plan for a separate Department project, however, are located in the immediate vicinity of the proposed project site. It is critical that protective measures described in that preservation plan be implemented prior to the start of demolition and/or ground disturbing work in order to ensure that impact to these features is avoided. Additionally, as recreational visitors to the park can have spillover effects on adjacent properties containing significant historic and cultural resources, full implementation of the preservation plan for the entire La'aloa area is important. Finally, in the unlikely event that any unanticipated resources arc unearthed during development activities, DLNR- SHPD should be contacted as outlined in Hawaii Administrative Rules 13§13-280. The AAS survey was transmitted concurrently with the Draft EA to DLNR and the State Historic Preservation Division (SHPD) for review, comment and concurrence. A Formal submittal of the AAS to SHPD occurred on June 29, 2020. in preparation for a Special Management Area permit. and SHPD concurred with the finding by letter of September 18. 2020 (see Exhibit 4). J Floral and Faunal Resources A biological survey of the park was conducted in 2019 and is discussed extensively in Section 3.1.4 of Exhibit 2; this section provides a brief summary. The natural vegetation of this part of Kona consisted of Coastal Strand near the shoreline and Coastal Dry Shrubland and Coastal Dry/Mesic Forest in the inland arca (per Gagne and Cuddihy 1990). The Coastal Strand vegetation consisted of a narrow zone with the typical Hawaiian Islands pan -tropical herbs, vines and low shrubs adapted to a sandy/rocky, salty substrate. The forest and shrubland consisted of an open canopy forest dominated by a wide variety of trees, shrubs, herbs, vines and ferns. However, the general landscape of the Kailua-Keauhou area has been radically altered by centuries of settlement, over a century of grazing, and particularly the development since 1960 of hotels, condominiums, resort homes, commercial facilities and associated infrastructure. Most of the project site has been either graded and landscaped or is heavily managed, and no totally intact native vegetation exists. A full list of plant species observed on or near the project site is contained in Table I of Exhibit 2. Several common native species persist, but no plant species classified as threatened or endangered (USFWS 2020) are present or would be expected on the project site. Page 19 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application The urban beach park project site has only limited habitat for native terrestrial fauna. Typical expectedbirdsincludecommonmyna (Acridotheres tristis), northern cardinal (Cardinal is cardinal's), spotteddove (Streptopelia chinensis), zebra dove (Geopelia striata), Japanese white -eye (Zosteropsjaponicus), saffron finch (Sicalis jlaveola), nutmeg mannikin (Lonchura punctulata), northern mockingbird (Mimus poivglottos) and house finch (Carpodacus mexicanus), most of which wereobservedduringthebotanysurveyonthesite. Previous observations by the EA author at the site haveincludedparakeets (Aratinga sp.). The only native birds identified during site visits were two common migratory shorebirds typical ofrockyshoreline, sandy beach and tidepool habitats: ruddy tumstone or `akekeke (Arenaria interpres), and Pacific golden -plover or kolea (Pluvialis fuiva). Other shorebirds, particularly the wandering tattleror `Mill (Heteroscelus incanus), would likely be present during extended observations. No threatenedorendangeredshorebirdsorwaterbirdswouldbeexpectedattheprojectsite. Furthermore, it is unlikely that native forest birds would be expected to use the project site due to its low elevation, urbancontext, alien vegetation and lack of adequate forest resources. Although the formerly endangeredHawaiianhawk (Buteo solitarius) is often seen in Kona at slightly higher elevations, it would be unusual to observe it near the project site. The beach park site lacks tall trees in the appropriate settingforhawknests. Several threatened or endangered seabirds also merit discussion because they utilize terrestrial habitatontheBigIslandandmaybeharmedbycommonhumanactivitiesandstructures. The Hawaiian petrelPterodromasandwichensis), the Hawaiian sub -species of Newell's shearwater (Puniinus newelli), andtheband-rumped storm -petrel (Oceanodroma Castro) have been recorded over -flying many areas ontheIslandofHawaiibetweenlateAprilandthemiddleofDecembereachyear. The Hawaiian petrelandband -romped storm -petrel are listed as endangered, and Newell's shearwater as threatened, underbothfederalandStateofHawaiiendangeredspeciesstatutes. The primary cause of mortality in thesespeciesinHawaiiisthoughttobepredationbyalienmammalianspeciesatthenestingcolonies. Collision with man-made structures is another significant cause. Nocturnally flying seabirds, especiallyfledglingsontheirwaytoseainthesummerandfall, can become disoriented by exterior lighting. Disoriented seabirds may collide with manmade structures and, if not killed outright, become easytargetsofpredatorymammals. Although they may fly over various coastal locations in Kona, nosuitablenestinghabitatforanyoftheseseabirdspeciesisdocumentedfromtheprojectarea. The endangered Hawaiian hoary bat (Lasiurus cinereas semotus) is often found in alien as well asnativevegetationinavarietyoflocationsthroughouttheislandofHawai`i. This is the only native landmammalinHawaii. These solitary bats are widely scattered and roost usually undetected in tall shrubsandtrees. They are vulnerable to disturbance during the summer pupping season, when mothers withpupsmaybeunabletofleeifthetreestheyareroostinginarecutortrimmed. Apart from theHawaiianhoarybat, all terrestrial mammals in the project area are introduced species, including feralcats (Fells Carus), small Indian mongooses (Herpestes a. auropunctatus) and various species of ratsRattusspp.). None are of conservation concern and all are deleterious to native flora and fauna. Three species of marine animals that occur in Hawaiian waters have been declared threatened orendangeredbyfederalwildlifeagencies, and one was recently delisted. The threatened green sea turtleCheloniamydas) occurs commonly along the Kona Coast, and is known to feed on selected species ofmacroalgae. Green sea turtles arc frequently observed at Magic Sands Beach Park. The endangeredhawksbillturtle (F,retmochelys imbricate) is known infrequently from waters off the Kona Coast. Individuals of the Hawaiian Islands population of humpback whales (Megaptera novaeangliae — Page 20 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application recently taken off the endangered species list) winter in the Hawaiian Islands from December to April, and are frequently seen from Magic Sands Beach Park. The Hawaiian monk seal (Monachus schauin.slandi) is an endangered earless seal that is endemic to the waters of the Hawaiian Islands. Monk seals commonly haul out of the water onto sandy beaches to rest. As the shoreline at the park is periodically sand covered, it is occasionally a location for seal haul -out. Of the several dozen trees on the site, two banyans require removal. Because of the lack of native ecosystems or threatened or endangered terrestrial species on the project site, the Proposed Action would have no adverse impacts to native vegetation or habitat. A number of commenters on the Draft EA stated their opposition to removal of the two banyan trees which biological conservationists consider alien) in order to accommodate the accessible ramp, citing their function in providing shade, wildlife habitat (including potential roosting sites for Hawaiian hoary bats), and natural beauty, as well as protecting from erosion and global warming (see Appendix lb of Exhibit 2). However, of the more than 30 banyan, hau and coconut trees on the site, only two banyans are being removed (one coconut tree is being relocated). This will cause no appreciable impact to the listed resources; furthermore; additional native trees, shrubs and herbs are being planted onsite and especially offsite directly adjacent at La'aloa Beach Park, leading to a net positive effect. Bats roost in only a tiny fraction of trees in any given area, and there is no indication that bats roost in these particular trees. In any case, no trees will be removed or trimmed during the bat pupping system, when mother bats find it difficult to change roosts. There are many thousands of trees in this part of Kona for bats to choose from, and they frequently roost in multiple trees. Mitigation measures to reduce impacts to flora and fauna are listed in Section 4F, below. K Valued Cultural Resources An extensive discussion of this topic is contained in F.0-4 above and will not be repeated here. A cultural impact assessment of the proposed action was conducted by ASM Affiliates, Inc. The report is attached as Appendix 3 of Exhibit 2 and summarized in some detail in Exhibit 2. L Public Access The park is public property under the control of the County of Hawaii that is generally fully open to the public. The proposed improvements do not affect public access in any way. VI Description of Roadway Access Magic Sands Beach Park is accessed by Alii Drive, which is directly mauka. In this area, Ali'i Drive is a two-lane facility with paved shoulders posted at 30 MPH. The makai shoulders are roughly eight feet wide and arc used for parking. The mauka shoulders vary from four to ten feet in width and are shared by walkers, runners, and bicyclists. Recreational use of Alii Drive is very heavy. A number of residential, commercial and County facility driveways are present in the arca. l Traffic Impacts Although traffic may be disrupted during construction, as the park already exists, no permanent adverse impact to traffic flow is expected as a result of the accessibility improvements. During Page 21 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application movement of heavy equipment on or off the site, and at any times when there is a potential for project construction to impede traffic, professional traffic control will be utilized. Such activities will not occur during peak hour traffic for Ali`i Drive unless it is unavoidable. Provisions will be made throughout construction to accommodate pedestrian and bicycle traffic, which may at times involve utilizing the mauka side of Ali`i Drive. No permanent adverse impacts to pedestrian or bicycle safety are expected. The provision of an accessible ramp to access Ali`i Drive (see Exhibit 2, Figure 2, Sheet C-103) will improve accessibility in conformance with the Americans with Disabilities Act (ADA). 0 Availability of Utilities Electrical power to the site is supplied by Hawaiian Electric, a privately owned utility company, via its island -wide distribution network, with poles and lines on Ali`i Drive. Telephone and cable TV service are available, although not anticipated to be required, from Hawaiian Telcom and Spectrum Cable. An existing 2 -inch water line from the property's water meter services the current comfort station. The new comfort station will connect via this same line. No increase in water usage is anticipated. An existing 6 -inch wastewater line connected to the County wastewater treatment plant in Kealakehe services the comfort station. The new comfort station will connect via this same line. A sand interceptor is proposed along the wastewater line to prevent sand from entering the County system. An existing drainage inlet is located in the pavement area. No other drainage systems are onsite. No new drainage systems are proposed. In summary, the Proposed Action of developing accessible beach park facilities would not have any impact on existing utilities. Item 4: Anticipated impacts of the proposed development on the Special Management Area A Environmental Setting The environmental setting of Magic Sands Beach Park is extensively discussed in Section 3 above. In the interest of avoiding excessive redundancy, the information is not repeated here. B Relationship to Land Use Plans, Policies and Controls An extensive discussion of the consistency of the Proposed Action with various plans is contained in Section 3E above. In the interest of avoiding excessive redundancy, the information is not repeated here. To summarize, however, the State Land Use District is Urban, the County zoning is Open, and the Hawai`i County General Plan LUPAG designates the area as Open. The proposed improvements are consistent with all land use designations as well as the General Plan. Page 22 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application C Probable Impact on Environment Water Quality The project will be regulated through various permits to ensure that adverse effects to water quality are avoided or fully mitigated. Plans submitted as part of the application for a County grading permit will specify practices to minimize the potential for sedimentation, erosion and pollution of coastal waters. The Department will ensure that its contractor shall perform all earthwork and grading in conformance with: a) "Storm Drainage Standards," County of Hawaii, October, 1970, and as revised. b) Applicable standards and regulations of Chapter 27, "Flood Control," and Chapter 10, Erosion and Sedimentation Control," of the Hawaii County Code. Mitigation measures are presented in Section F, below. Floodplain The Proposed Action has been conceived and designed to minimize construction in the flood zone to the extent consistent with accomplishing key recreational goals. However, the park's location near the shoreline and partially within the VE Zone brings with it inherent flood risk from storms and tsunami. The Proposed Action has been conceived and designed to minimize construction in the VE flood hazard zone ("flood zone") to the extent consistent with accomplishing key goal of accessible facilities. The footprint of the existing comfort station is partially within the flood zone; the proposed comfort station footprint is located outside it. The ADA barbecue grill, picnic table and associated walkway are within the flood zone but are not "structures" and require no floodprooting. There will be no impact on the base flood elevation or the size of the floodplain. Coastal Erosion No near-term effect on coastal erosion is expected, as the improvements are located either well away from the shoreline or arc replacements of existing facilities conducted very slightly mauka of their current location. The issue of potential sea level rise of an unknowable degree and timing and the tradeoffs involved is discussed below. Sea Level Rise No one can predict with certainty how high sea levels will rise within 10 years, 20 years or 50 years. An overall global rise in sea level of 3.3 feet by the end of the 21st century was proposed by Fletcher 2010) and others. Relative sea -level rise, of course, is a result of the combined water rise and land subsidence. The Island of Hawaii is sinking into the Earth's mantle because of the gravitational, isostatic load of its growing volcanoes, with a subsidence rate 0.08-0.12 inches/year) related to isostatic sinking (Moore and Fomari 1984). Not only the magnitude of sea level rise but also the timing is the subject of debate. According to the Hawaii Climate Change Mitigation and Adaptation Commission (HCCMAC) (2017:v): Page 23 Magic Sands Beach Park Accessibility Improvements .SMA Use Permit Application While the IPCC's "business as usual" scenario, where GHG emissions continue at the current rate of increase, predicts up to 3.2 feet of global sea level rise by year 2100 (IPCC 2014), recent observations and projections suggest that this magnitude of sea level rise could occur as early as year 2060 under more recently published highest -end scenarios... The HCCMAC report goes on to state that based on shoreline type, the Island of Hawaii is in many senses the least vulnerable of the main Hawaiian Islands to the impacts of sea level rise, but that certain areas — particularly Kona, Puakb, Kapoho and Hilo Bay "....face serious threats. It is estimated that at least 130 existing structures would experience chronic flooding if there were 3.2 feet of sea level rise." A sea level rise viewer from the Pacific Island Ocean Observing System https://www.pacioos.hawaii.edu/shoreline/slr-hawaii/) provides graphic representation of how regions will be affected by sea level rise. A sea level rise viewer from the Pacific Island Ocean Observing System (https://www.pacioos.hawaii.edu/shorelineislr-hawaii/) provides graphic representation of how regions will be affected by sea level rise. As the land slope near Magic Sands Beach Park is relatively steep, and elevations rise to 10 feet or more above sea level with a few feet of the shoreline, a sea level rise of 3.2 feet in itself will only inundate relatively small areas, not even crossing Alii Drive (Figure 6 of Exhibit 2). This is unlike Waikiki, e.g., where a 10 -foot rise in sea level would inundate square miles of land. Aside from simple inundation, a rise in sea level also raises the level of attack for high waves and tsunami. A research team including UH Manoa and DLNR determined that sea level rise effects will be much more wide -reaching. Writing in Scientific Reports: "By including models of dynamical physical processes such as erosion and wave run-up, a team of researchers has determined that land area in Hawaii vulnerable to future sea level rise may be double previous estimates." https://www.scieneedailv.com/releases/2018/09/ 180927164230.htm). As the facilities are located at roughly 10 feet above mean sea level or higher, a scenario of modest sea level rise might not markedly affect the integrity or utility of the comfort station or other accessible features, at least not for several decades. More rapid or extreme rises could place these facilities within a zone where the frequency and severity of flooding led to repeated damage that hindered their utility. As with all coastal structures, if they become detached from their foundations, they might cause damage to other structures. The Department of Parks and Recreation has considered the risk of sea level rise and determined that, given the long time scenario and the uncertain degree and timing of this risk, it is still prudent to undertake the Proposed Action as planned. This would allow the public to realize its benefits for a period of up to many decades, rather than fail to implement it and lose critical functionality at an important recreational site. It is recognized that planning for recreational facilities will require continual "check -ins" on the advance of sea level. Some facilities will require relocation to a retreated site, while others may need to be abandoned altogether. Several commenters on the Draft EA disputed the wisdom of the tradeoff discussed above, and also contended that a location across Ali`i Drive would take the restroom out of the flood zone (see Appendix lb of Exhibit 2). In reality the useable portions of that property lie within the flood zone. Page 24 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application Coastal Hazard Warning and Evacuation The National Weather Service of the National Oceanic and Atmospheric Administration operates the Pacific Tsunami Warning Center and Alaska Tsunami Warning Center, which monitors sudden earth movements throughout the Pacific Basin. Tsunamis generated from earth movements on the Pacific Rim, including South America, Japan, California and Alaska, would allow for warning times between 4 and 15 hours, sufficient time for evacuation of the park. Sudden movement along faults close to Hawaii arc unpredictable, allowing only minutes or perhaps an hour of warning time, and evacuation would be more problematic. Coastal recreational areas in Ilawai'i cannot avoid the tsunami hazard because the entire coast is vulnerable to tsunami. Warning sirens arc present near the project site and are easily audible in all locations. Biology Rare, threatened or endangered terrestrial plant species and valuable native vegetation arc not present in the project site. Development and recreational activities do not pose risks to any threatened or endangered aquatic species or ecosystems, with specified mitigation. In order to minimize impact to several wide-ranging threatened or endangered animal species that may make occasional use of the area, Section F, below, presents mitigation measures. Given these standard measures, no valuable or protected native species or ecosystems would be adversely affected. Air Quality Winds in the arca exhibit a daily reversal, with light sea breezes during the daytime (peaking in the afternoon) and a shallow mountain drainage wind from the east at night. Wind speeds are generally light and seldom exceed an average daily speed of 10 miles per hour. Light and variable southwesterly kona" winds occasionally replace this pattern, most often in winter (UH-Manoa, Dept. of Geography 998). Air quality in the project area is somewhat affected by emissions from motor vehicles, industry and natural sources. For 35 continuous years from 1983 to 2018 — and then once more after a gap of two years—volcanic emissions of SO2 from Kilauea Volcano have converted into particulate sulfate, forming a volcanic haze, locally called vog. Vog becomes trapped in the Kona atmosphere because of the diurnal wind reversal, which creates a largely closed airshed system.. Manmade air pollution sources include oil -fired power plants, which emit SO2, nitrogen oxides, and particulate matter (PM), and motor vehicles, which emit CO, nitrogen oxides and hydrocarbons (an ozone precursor), as well as smaller amounts of other pollutants. The location of Magic Sands Beach Park exposes it to minor levels of automobile exhaust pollutants. Due to the minor scale of improvements, the Proposed Action would not measurably affect air quality, except temporarily and minimally during construction; dust will be strictly controlled through BMPs. Noise Noise levels on the site are moderate and arc derived mainly from motor vehicles and road maintenance on Alii Drive. Other sources include onsite recreational activities, occasional nearby construction, landscape maintenance and other residential activities, as well as natural sources, including ocean waves. Noise -sensitive receptors within 100 feet of the beach park include several apartments and condominiums, as well as La'aloa Beach Park, which features cultural resources. Page 25 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application Noise impacts during construction could generate noise exceeding 95 decibels at times, impacting nearby areas. In cases such as here where construction noise is expected to exceed the Department of Health's (DOH) "maximum permissible" property -line noise levels, contractors are required to obtain a permit per Title 11, Chapter 46, HAR (Community Noise Control) prior to construction. DOH will review the proposed activity, location, equipment, project purpose, and timetable in order to decide upon conditions and mitigation measures, such as restriction of equipment type, maintenance requirements, restricted hours, and portable noise barriers. Such measures, when needed, are effective in reducing noise to minimal levels. No permanent noise impacts would occur. Scenery Although construction inevitably involves changes to the visual environment, no noticeable impacts to views or viewplanes will occur. These minor and temporary scenic impacts would not require mitigation. On a permanent basis, the Proposed Action mainly replaces an existing structures, which is somewhat dilapidated, with a new facility. ADA ramp improvements will change the landscape but not in a substantially adverse way and will allow more use and enjoyment by the disabled. The open space and viewplanes of the site will not be affected. There will be no permanent adverse visual impacts, such as interference with scenic views or insertion of incongruous or clashing visual elements. The important viewplanes or scenic sites recognized in the Hawai`i County General Plan would not be affected in an adverse way. Hazardous Materials and Toxic Substances No Phase I Environmental Site Assessment was conducted for the full project site, including roadsides and beaches. It has a long history as a beach park and site managers are not aware of any hazardous substances, toxic waste and hazardous conditions aside from potential issues at and near the comfort station. State databases did not indicate any Underground Storage Tanks (USTs), Leaking Underground Storage Tanks (LUSTs), or records of incidents or releases on the site or in surrounding properties(hups://eha-cloud.doh.hawaii.gov/iheer/k!/viewer). Myounghee Noh & Associates, L.L.C. (MNA) conducted a hazardous material survey and soil screening at the comfort station and vicinity in September and October 2018, targeting areas anticipated to be disturbed or altered as part of the Proposed Action (MNA 2018). The survey identified six suspect building materials and conducted analysis of three asbestos bulk samples, four lead paint chip samples, and a visual inspection of light ballasts, fluorescent light tubes, and light switches. MNA found no lead -containing paints (LCP), arsenic -containing material, or PCB - containing light ballasts. No asbestos -containing material (ACM) was observed, but a tile mortar was found to have trace asbestos. Eight mercury -containing light tubes and one suspect mercury -containing light switch were identified. Soil was tested with multi -incremental (MI) sampling from four decision units (DU). Arsenic, chromium, and lead were measured below the Environmental Action Levels EAL) for unrestricted land use in all soil samples. No measurable level of cadmium was found in the soil samples. Various pesticides were measured below the EALs for unrestricted land use in the soil samples collected from DU -03 and -04, around the perimeter of the comfort station. No measurable levels of pesticides were reported in soil samples collected from DU -01 (handicap parking and volleyball court) or DU -02 (picnic bench area). Page 26 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application Socioeconomic The Proposed Action would benefit recreational users, whether residents or visitors, by providing ADA -accessible facilities, including the comfort station, parking, showers, barbecue grill, picnic table and walkways. Along with the beneficial impacts parks have, they may also generate minor amounts noise and traffic, attract unwanted activities, and pose a nuisance for very close neighbors. Other than temporary construction disturbance, nearby residents would not be affected. The beach park already exists, and no increase in nuisances would occur as a result of improving ADA accessibility. Consultation with the closest neighbors to date has revealed support for and no objections to the plans. Historic Sites No historic sites are present and no impacts to historic sites, including archaeological sites, would occur. Impacts to historic sites in adjacent areas are being avoided by the Department through separate plans. Cultural Resources As discussed above, the Department has concluded that the proposed improvements to Magic Sands Beach Park will not result in any direct adverse impacts to any traditionally valued cultural or historical resources, nor will they impact any traditional cultural practices or beliefs. It is recognized that a number of cultural consultees hold the sincere belief that a comfort station is not an appropriate use of the arca, due to the proximity of known cultural resources and the culturally important nature of the area. D Adverse Environmental Effects Which Cannot be Avoided As discussed in the previous section, nearly all impacts can be completely prevented through the mitigation discussed in Section F, below, and will thus be avoided. E Alternatives to the Proposed Action No Action Under the No Action Alternative, the Department would not make accessibility improvements for the comfort station, shower, parking, and pedestrian access. The park would not be fully accessible per the requirements of the Americans with Disabilities Act, leading to inconvenience for disabled patrons and even the possibility that they would not be able to access many of the park's facilities at all. Existing water quality issues at the park would likely persist until a complete redesign of the comfort station was implemented. Although the benefits and social equity provided by accessible facilities would not occur, there would be no disturbance of the existing ground surface or vegetation, no temporary impacts to traffic in the area, and no disputes concerning the impacts or lack thereof to cultural resources in the area. The No Action Alternative provides a basis for comparing the impacts of the proposed project. Page 27 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application Alternative Locations for Accessible Facilities As part of development of the design of an accessible comfort station, the location of which dictates other elements of the design, the Department and its consultants analyzed a number of alternative configurations makai of Alii Drive near the existing facilities. The area to the south of the beach is considered too culturally sensitive to have any additional facilities, and its public parking and recreational uses are being removed, closed or reduced. The area north of the existing comfort station is too narrow in terms of property setbacks and would also encroach on recreational space. The Department also considered relocating the comfort station across the street to Kipapa Park. This area offers available space, but any useable footprint would be located within a flood zone and would require patrons to cross Ali'i Drive to use the facilities. Although this would be convenient for those patrons who park at Kipapa Park when they entered or left the facility, it would be inconvenient, and more importantly, potentially unsafe for all other patrons. This would exacerbate conflicts between pedestrians and vehicles that already exist and might ultimately lead to injuries. After careful consideration of options and all their implications, no alternative sites were advanced in the Environmental Assessment or in this SMA assessment, because they would not meet the purpose and need of providing safe and effective accessible facilities for Magic Sands Beach Park. F Mitigating Measures Proposed to Minimize Impact As discussed above, nearly all impacts can be completely prevented through mitigation, which is summarized below: Water Quality The County will ensure that its contractor performs all earthwork and grading in conformance with: a) "Storm Drainage Standards," County of Hawai`i, October, 1970, and as revised. b) Applicable standards and regulations of Chapter 27, "Flood Control," and Chapter 10, Erosion and Sedimentation Control," of the Hawaii County Code. Best Management Practices have been included in the design of the Proposed Action: The total extent of land disturbance will be minimized. The construction contractor will be limited to the delineated construction work areas within the lot. Construction BMPs will be installed to prevent sediment from leaving the site. Construction activities with the potential to produce polluted runoff will not be allowed during unusually heavy rains or storm conditions that might generate storm water runoff. Cleared areas will be replanted or otherwise stabilized as soon as possible. Structures for sediment control will include grated inlets in the parking arca, silt fences, biosock waddles and a stabilized construction entrance. Air Quality and Noise The State of Hawaii Air Pollution Control Regulations (Chapter 11-60, HAR) prohibit visible emissions of fugitive dust from construction activities beyond the property line. The grading notes on the construction plans will direct the contractor to keep the area free of dust nuisances with standard Page 28 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application practices such as watering and covering, and generally to conduct all work in conformance with Chapter HAR 11-60.1, "Fugitive Dust." If it is determined by the contractor that construction noise is expected to exceed the Department of Health's (DOH) "maximum permissible" property -line noise levels, the contractor will consult with DOH to obtain a permit per Title l 1, Chapter 46, LIAR (Community Noise Control) prior to construction. DOH will review the proposed activity, location, equipment, project purpose, and timetable in order to decide upon conditions and mitigation measures, such as restriction of equipment type, maintenance requirements, restricted hours, and portable noise barriers. Such measures, when needed, are effective in reducing noise to minimal levels. Biological Resources Avoidance measures will be instituted in order to avoid impacts to Hawaiian hoary bats and listed seabirds: There will be no clearing of woody vegetation taller than 15 feet during the bat pupping season, which runs from June 1 through September 15 each year. No additional lighting is planned. All lighting currently is shielded in conformance with the Hawaii County Outdoor Lighting Ordinance to reduce the risk that seabirds may be attracted to and then disoriented by the lighting, as well as reduce light pollution. Any replacement lighting will similarly conform. No nighttime construction work will be allowed during the seabird -fledging season, which runs from September 15 through December 15 each year. In order to reduce impacts to the shoreline and marine environment and the organisms it contains, including threatened green sea turtle, the endangered hawksbill turtle, the formerly endangered humpback whale, and the endangered Hawaiian monk seal, a number of measures will be undertaken: Sedimentation from construction work will be minimized and contained within the vicinity of the site through the appropriate use of effective silt containment devices and the curtailment of work during adverse tidal and weather conditions. The installation of sediment control devices mauka of the high water mark that is being undertaken to prevent construction -related sediment and debris from entering the ocean during construction activities will be positioned so that no sea turtles may become trapped behind the sediment control devices and thus restricted from accessing the ocean. All construction debris that may pose an entanglement hazard to listed species will be removed from the project site if such materials are not being actively used. All construction debris will be removed at the conclusion of work. No project -related materials (fill, revetment rock, pipe, etc.) will be stockpiled in the water intertidal zones, reef fiats, stream channels, wetlands, etc.) or on beach habitats. Any debris removed from the marine/aquatic environment will be disposed of at an approved upland site. No habitat contamination (trash or debris disposal, non-native species introduction, attraction of non-native pests, etc.) will be allowed to result from project -related activities. Fueling of project -related vehicles and equipment will take place away from the water and a contingency plan to control petroleum products accidentally spilled during construction will be Page 29 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application developed. Absorbent pads and containment booms will be stored onsite, if appropriate, to facilitate the clean-up of accidental petroleum releases. Any under -layer fills used in construction project will be protected from erosion with stones (or core-loc units) as soon after placement is practicable. Any soil exposed near water as part of construction will be protected from erosion (with plastic sheeting, filler fabric, etc.) after exposure and stabilized as soon as practicable (with native or non-invasive vegetation matting, hydroseeding, etc.). Archaeological and Cultural Resources Although no archaeological sites or other historic properties appear to present, in order to avoid impacts to significant historic sites, in the unlikely event that any unanticipated archaeological resources are unearthed within the project site during the proposed rehabilitation activities, work in the immediate vicinity of those resources will be halted and SI-IPD will be contacted in compliance with Hawaii Administrative Rules l3§13-280. Hazardous Materials Based on the visual survey and sampling and analysis of suspect bulk materials and paints, special hazard control measures are warranted for work involving trace asbestos and mercury. These control measures are required so that OSHA and other applicable federal requirements arc met. MNA provided a set of measures to the County that will ensure that properly trained employees perform construction work that disturbs hazardous materials in a manner protective of the site workers, the public, facility users, and the environment. Engineering control such as water misting and wind barriers will also be instituted to control dust hazard. Best management practices including erosion control will be implemented, as discussed in previous sections, to prevent surface runoff and exposure to humans and the environment. In the event excess soils require disposal, the contractor will be required to coordinate with the landfill or other recipients for their guidelines and requirements. Additional coordination may be required prior to reuse/disposal and other interested agencies (i.e. Hawaii Department of Health Solid and Hazardous Waste Branch) arc to be notified, as applicable. Although it is unlikely that any potentially hazardous, toxic or radioactive waste would be found on the remainder of the project site, reasonable precautions will be undertaken in the context of project construction best management practices to include provisions for appropriate response and remediation should any such hazardous, toxic, or radioactive material be encountered during the construction phase of the Proposed Action. G Irreversible and Irretrievable Commitment of Resources The project requires irretrievable and irreversible commitment of $930,000 of County of Hawaii funding, resources and labor to make the improvements. The project also involves use of about a quarter acre of land, all of which has already been disturbed by recreational and uses. No other resources, such as water quality, biota, geological features, significant archaeological sites or cultural resources would be irretrievably and irreversibly committed. Page 30 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application REFERENCES CITED OR CONSULTED Brandt, L., T. Gotay, and R. B. Rechtman . 2017. A Cultural Impact Assessment for TALK: (3) 7-7- 008:030, Pahoehoe 3 and 4, & La'aloa Ahupua'a, North Kona District, Island of Hawaii. ASM Affiliates Project Number 28380. Prep for Ron Terry, Ph.D., Geometrician Associates, LLC, Hilo. Chinen, J.J. 1958. The Great Mahele: Hawaii's Land Division of 1848. Honolulu: University of Hawai`i Press. 1961. Original Land Titles in Hawaii. Privately published, Honolulu. Cordy, R. 1995. Central Kona Archaeological Settlement Patterns. State Historic Preservation Division, DNLR, State of Hawaii. Prepared for Planning Department, County of Hawai`i. DeConto, R.M. and D. Pollard. 2016. "Contribution of Antarctica to past and future sea -level rise" Nature 531, 591-597 (31 March 2016). doi:10.I038/naturc17145. Ellis, W. 1917. A Narrative of a Tour through Hawaii, or Owhyhee; with Remarks on the History. Traditions. Manners, Customs and Language of the Inhabitants (tithe Sandwich Islands. Hawaiian Gazette Co. Ltd., Honolulu. Fletcher, C. H., Boyd, R., Neal, W. J, and Tice, V. 2010. Living on the Shores of Hawaii —Natural Hazards. the Environment. and our Communities. Honolulu: University of Hawaii Press. Fletcher, C.E., Grossman, E.E. Richmond, B.M. and A.E. Gibbs. 2002. Atlas of Natural Hazards in the Hawaiian Coastal Zone. Prep. in cooperation with University of Hawai`i, State of Hawai`i Office of Planning, and National Oceanic and Atmospheric Administration. Washington, D.C.: GPO. Gagne, W., and L. Cuddihy. 1990. "Vegetation," pp. 45-114 in W.L. Wagner, D.R. Herbst, and S.H. Sohmer, eds., Manual of the Flowering Plants of Hawaii. 2 vols. Honolulu: University of Hawai`i Press. Giambelluca, T.W., Q. Chen, A.G. Frazier, J.P. Price. Y. -L. Chen, P. -S. Chu, J.K. Eischcid, and D.M. Delparte, 2013: Online Rainfall Atlas of Hawai`i. Bull. Amer. Meteor. Soc., doi: 10.1175BAMS-D-11- 00228.1. Iiammatt, H.H. and S.D. Clark. 1980, Archaeological Testing and Salvage Excavations ofa 155 Acre Parcel in Na Ahupua'a Pahoehoe, La'aloa and Kapala'aea, Kona. Hawaii. Archaeological Research Center Hawaii Report 14-152 III. Prep. for Pacific Basin Resorts, Inc. flammatt, H.H. and W.H. Folk. 1980. Archaeological Survey, Phase L Portions of Keauhou-Kona Resort, Keauhou and Kahaluu. Kona, Hawaii Island. Archaeological Research Center I Iawaii, Inc. Lawai, HL Prep. for Kamchameha Investment Corp. Handy, E.S.C., and E.G. Handy. 1972. Native Planters in Old Hawai`i: Their Life, Lore, and Environment. B.P. Bishop Museum Bulletin 233. Bishop Museum Press, Honolulu. Page 31 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application Hawai`i Climate Change Mitigation and Adaptation Commission (HCCMAC). 2017. Hawaii Sea Level Rise Vulnerability and Adaptation Report. Prepared by Tetra Tech, Inc. and the State of Hawai`i. Department of Land and Natural Resources, Office of Conservation and Coastal Lands, under the State of Hawaii Department of Land and Natural Resources Contract No: 64064. Hawai i County Parks and Recreation Department. 1975. Environmental Assessment of ProposedComfortStationatWhiteSandsBeach. Hilo. Hawaii County Planning Department. 2005. The General Plan, County of Hawaii. Hilo. Hawaii Tourism Authority (HTA). 2018. 2017 Annual Research Report. Honolulu. Available at haps://www.hawaiitourismauthority.or¢/research/annual-visitor-research-reports/ (Accessed December 2018). Heliker, C. 1990. Volcanic and Seismic Hazards on the Island of Hawai 'i. Washington: U.S. GPO. Hwang, D. J., 2005. Hawaii Coastal Zone Mitigation Handbook: Hawaii Coastal Zone Management Program. DBEDT, State of Hawaii_ Hommon, R. 1976. The Formation of Primitive States in Pre -Contact Hawaii. Ph.D. Dissertation Anthropology), University of Arizona, Tucson. University Microfilms, Inc., Ann Arbor, Michigan. Kamakau, S. 1992. Ruling Chiefs of Hawaii. Honolulu: The Kamehameha Schools Press. Kame'eleihiwa, L. 1992. Native Lands and Foreign Desires, Pehea La E Pono Ai? Honolulu: BishopMuseumPress. Kanahele, G. 1999. Emma, Hawaii's Remarkable Queen. Honolulu: University of Hawai`i Press. Kelly, M. 1983. Na Mala o Kona: Gardens of Kona, a History of Land Use in Kona, Hawaii. Departmental Report Series 83-2. Department of Anthropology, Bishop Museum, Honolulu. Kipapa, M, C. Tyler, and E. Rapoza. 2013. Burial Treatment Plan State Sites 50-10-37-18010, 18011, 18013, 18015, 18006 Portion of Grant 1927 to Kipapa, TMK: (3) 7-7-008:031, Ahupua'a Pahoehoe 3, Kona 'Akau, Moku 0 Keawe. Prepared for Na `Ghana Kipapa, Hawaii Island Burial Council, State Historic Preservation Division, and the County of Hawai`i. Kirch, P.V. 1985. Feathered Gods and Fishhooks: An Introduction to Hawaiian Archaeology andPrehistory. Honolulu: University of Hawaii Press. Malo, D. 1951. Hawaiian Antiquities Mo `oleic Hawai `i. Honolulu: Bishop Museum Press. Maly, K. 1996a. Appendix A- Historical Documentary Research in Archaeological Inventory SurveyProposedSewagePumpStationSite, Land of Pahoehoe 2nd, North Kona District, Island of Hawaii. Head, J., and P. Rosendahl 1996. Paul H. Rosendahl, Ph.D., Inc., Report 1576-040496. Prepared for Hawai`i County Department of Public Works, Wastewater Division, Hilo, Hawaii. Page 32 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application 19966. "Appendix A - Historical Documentary Research." Archeological Inventory Survey, Hienaloli 3 and 4, North Kona District, Island ofHawai'i (TMK: 7-5-11:2), by Henry, J.D., T.R. Wolforth, and P.H. Rosendahl. PHRI Report 1348-032996. Prepared for Maryl Development, Inc. 1997. A Report on Archival—Historical Documentary Research: A Limited Oral History Study: And Archaeological Site Preservation Plan: Proposed La'aloa Beach Park Improvements (TMK: 7-7- 10.36). La'aloa Iki, North Kona, Island of Hawaii. Kumu Pono Associates Report La05c (052797) prepared for County of Hawaii Department of Parks and Recreation, Hilo. 1998a. Ali 'i Highway Phased Mitigation Program, Phase I—Archaeological Intensive Survey, North Kona District, Island ofHawai'i. Volumes Iva and IVb Informant Interviews. PHRI Project 1320-040197. Prepared for the County of Hawaii. 19986. "Archival -Historical Documentary Research and Limited Oral History Study." In: Archaeological Inventory of the Games Property Parcel, Land of Kahului I", Island ofFlawai'i (TMK 3) 7-5-019:005, 038, 040). PHRI Report 1807-090998. Submitted to Towne Development of Hawaii, Inc. Menton, L. K., editor. 1994. Kona in History, a Guide to Resources. Honolulu: The History and Humanities Program of the State Foundation on Culture and the Arts in cooperation with the Kona Historical Society Moore, J. G. and Fornari, D. J. 1984. "Drowned reefs as indicators of the rate of subsidence of the Island of Hawaii.".Journal of Geology 92:752-759. Myounghee Noh & Associates. 2018. Hazardous Material and Soil Screening Survey Report Jar ADA Improvements at Magic Sands Beach Park, Kailua-Kona. Island off Hawaii. Prep for Okahara and Associates and the County of Ilawai`i. Honolulu. Office of Hawaiian Affairs (OHA). 2013. Kipuka Online GIS Database. Internet source: http://www.kipukadatabasse.com/ Accessed August 3, 2017. Pukui, M.K., Elbert, S.H., and E.T. Mookini. 1976. Place Names of Hawaii. Honolulu: University ofliawai`i Press. Pukui, M. and S. Elbert. 1986. Hawaiian Dictionary. (Revised and Enlarged Edition). Honolulu: University of Hawaii Press. Rahmstorf, S., M. Perrette, and M. Vermeer. 2012. "Testing the robustness of semi -empirical sea level projections." Climate Dynamics 39: 861-875, doi:10.1007/s00382-011-1226-7. Schilt, A.R. 1984. Subsistence and Conflict in Kona. Hawaii. An Archaeological Study ofthe Kuakini Highway Realignment Corridor. Departmental Report Series 84-1. Department of Anthropology, B.P. Bishop Museum, Honolulu. Prep. for Department of Transportation, State of Hawaii. U.S. Dept. of Commerce, Economics and Statistics Administration, Bureau of the Census, 2010, http://factfinder2.census.gov/. Page 33 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application U.S. Fish and Wildlife Service (USFWS). 2020. USEWS Threatened and Endangered Species System TESS). Washington: GPO. http://ecos.fws.gov/tess,public. U.S. Geological Survey (USGS). 2000. Seismic Hazard Maps for Hawaii. By F.W. Klein, A.D. Frankel, C.S. Mueller, R.L. Wesson and P.G. Okubo. U.S. Soil Conservation Service. 1973. Soil Survey of Island ofHawai'i, State ofHawai'i. Washington: U.S.D.A. Soil Conservation Service. University of Hawaii at Hilo, Dept. of Geography. 1998. Atlas of Hawaii. 3rd ed. Honolulu: University of Hawai`i Press. University of Hawaii at Manoa, Sea Grant College Program. 2014. Climate Change Impacts in Hawai - A summary of climate change and its impacts to Hawai 'i's ecosystems and communities. IJNIHI-S EAGRANT-TT-12-04. Wolfe, E.W., and J. Morris. 1996. Geologic Map of the Island of Hawaii. USGS Misc. Investigations Series Map i -2524-A. Washington, D.C.: U.S. Geological Survey. Page 34 Magic Sands Beach Park Accessibility Improvements SMA Use Permit Application SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION Magic Sands Beach Park Accessibility Improvements EXHIBITS 1. FIGURES Figure 1 Figure 2 Figure 3 Location Map Project Site Photos Site Plans 2. FINAL ENVIRONMENTAL ASSESSMENT (available at h ttp://oegc2.doh.h awaii.gov/Doc_L i bra ry/2020-07-23-HA-FEA-Magic-Sa n ds -Beach - Pa rk-Accessibili ty-I mp rovem ents.pd t) 3. LIST OF NAMES, ADDRESSES AND TAX MAP KEYS of all owners and lessees of record of surrounding properties who are required to receive notice. 4. STATE HISTORIC PRESERVATION DIVISION LETTER OF SEPTEMBER 18, 2020 EXHIBIT 1 FIGURES Area of detail 0 100 200 11==Km A 0 Project area Figure 1. Location Map Dtsappearing Sands Beach Portion of USGS 7.5 Quadrangle Kcalakekua. III 2017 0 100 200 IIMMIICRINIMMeters S HAWAII COUNT 10) LUPAI:L WAV 0 KO Fi ure 2. Pro ect Site Photos t\ipapa Park Ar_ -r of demi o lit) 2)CKm I:yisting Comfort Station 0 Project area a. Aerial View 6&;414101. DC,. I' Figure 2. Project Site Photos b. Comfort Station c. Beach in Winter this page intentionally left blank] DRAWINGS \ SHEETS‘GENERAL SITE PLAN DWG 0mz mr Nyom zz C-101 E 2020 DEPARTMENT OF PARKS RECREATION ACCESSIBILITY IMPROVEMENTS PROJECT - MAGIC SANDS BEACH PARK OR nmr GENERAL SITE PLAN 107 OKAL GOkahara and Associates, Inc. USERCAGOB U) Hm 13PANNT 0-103 COUNTYOFWADEPARTMENTOFAARKRECREATION ACCESSIBILITYIMPROVEMENTS PROJECT - MAGICSANDSBEACHPARK uucunvxSITEPLAN GIOkaharaandAssociates, Inc. EXHIBIT 2 FINAL EA available at http://oegc2.doh.hawaii.gov/Doc_Library/2020-07-23-HA- FEA-Magic-Sands-Beach-Park-Accessibility-Improvements.pdf) EXHIBIT 3 LIST OF NAMES, ADDRESSES AND TAX MAP KEYS OF ALL OWNERS AND LESSEES OF RECORD OF SURROUNDING PROPERTIES WHO ARE REQUIRED TO RECEIVE NOTICE ParcelId OwnerMane 7701*0l7.7a55 C0IIN1_ OF HAWAII 3700601 00005) COUNTY CIF HAWAII 24060160000 •A•HRK SANDS 41 LLAO 000ECIIITOO COUNT Dl WAI 27010019101] 170.10040 77006729000)2 9464MITrs. TOW 10 770067320002 00.12 WPIE OAIIF.S 120161111007 MUNI,' 01 11•W4I• 7•T3TI90TTl0UN4340I3FE SINUS 771030110TT1 STATE SF 000600 1'0030190005 COUNTS OF HAWAII 7710601100022 VANOIBAT.ELMER AN 770030220702 OL9000N LOANS 100 77003007070)9 CE0IINF OF HAWAII 20704 COQNY OF HAWAII 770030?2177070 CO4N-Y Or HAWAII 21009T1020705) COILNY Or HAWIII 725000120006 060/9.30 €14 720060220209 600.H EAT 00 REAl/LOT 220.700220:64 M0l.REITO Il/SOP 226000220011 006660TEELOLES AN 226000220012 000EE Oat, TOOT 772080220016 aliANNON WAIN. 77)ORTI200TI SHANNON .000N I ST000TIIOOT7 005r.JAMET 5071 IL 7700002200T7 (IFlO.KAHLKKN 77.:0071200T* TCEF..OA300flIAN 7.: 000221010 TOO C .0(00kM' ANN 775000220010 04O0M6IlN.00TTHK\N 70503012T022 4L0LT3NE.AFA V.5021 770400220T14 ROELL.M600 £4000006 270060111020 F156R9.M60R 21 770007215020 FOI0069.P0660( 70700120023 OF 504.0000?\ £0 70067220066 •5031.ICINNEE TO 770065020476 61 NO.60 PAW/TIIAN 71001032T020 96006E.LSHN T00243! 710T30110070 040006.ORIITT KYLE 710060110031 LIN002 DE900SO' LYNN 090320031 00063309 LLC 724050120030 T0000 6131 rO.LANFr 270050110004 FILOIR(.RFIOTI 0000 0505020006 ,OM9000I.00N0006 270060120006 WMOIET004F230 70000220036 •.N3LZ.900AN 7000022T046 FI!210•J 1216 210021501000)0 21100014.100993 2240000000605 PkrftlLo.o€vlN 71 770040970000 KRAN2.00011110ANR 22000021000021 C..TREA.OA900 22.70009.00000 OANrXS 00 IF 71003]0]000T 'ROVIDENr rRUSr 090 77006301TT02'/2004.IANINE MARIE 77.0kI0I0TT4 '011,00010 BRIAN 370001010003 I000.DE609200IIN 374001010045 'URPIFF ,OLOINGS LTD 0.1[1A14.411 HO AddIen2 CONDO MASTER CONDO MASTER Oyoner10dress, OwneltrlyStbp Country' MASPETH 'NY MN Lill 00 006 3•19fif KEA0OL' HI 967T9 0960 1A2 CENTRAL PAAK 06 An 17x NEW 339093 200156437 PC 00x 1319 LOUISA 0995902 2724 ICAMLIELA HI 46731 391140101INCX II TAN DISCO 0692103 2913 LDS ANGM5 0470026 6242 70 1011140404AR PO 'AR 04.21"..0 COI. 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WC VW 121 SHIM, [VOW 1 NW 0004 SWAY Sr 55105 SW MACADAM AVE 1004 040 riAls Cr PO &OM 392002 II COUNWOWDE LO 1.625 OLDMI.5,1RD UOLUMNE CA 95379 5761 WILLA KONA HI 96725 2007 SANTA CRUZ CA 45065 1461 01WA 110461W 967402415 COWL.. KOVA HI VGW.0 War TAKLA 110.W.HI 0674014110 RANCHO 5A WIA FE CA 000G? AIWA 6046 H 0634.0 2455 SVVTARE)5A CA 95405 VIII PORWANO OR 97235 3914 AALINUON 70 74014 6[00 KEAWHOU 96759 1022 NVNGDON VALLEY PA 1900 SAM EXHIBIT 4 STATE HISTORIC PRESERVATION DIVISION LETTER OF SEPTEMBER 18, 2020 DAVID V. lce September 18, 2020 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD. STE 555 KAPOLEI, HAWAII 96707 110•Cla K. MAMMA BUREAU OF IN REPLY REFER TO: Roxcie L. Waltjen, Director Log No. 2020.01518 County of Hawaii Doc. No. 2009SN02 101 Pauahi Street, Suite 6 Archaeology Hila, HI 9672 parks recreation6hawaiicounty.gov Dear Ms. Waltjen. SUBJECT: Chapter 6E-8 Historic Preservation Review — County of Hawaii Request for Concurrence Comfort Station and Accessibility Improvements for Laaloa Beach Park Archaeological Assessment Report Pahoehoe 4th and Laaloa 1st Abupuaa, North Kona District, Island of Hawaii TMK: (3) 7-7-008:017, 094, 107, and (3) 7-7-010:036 This letter provides the State Historic Preservation Division's (SHPD's) review comments concerning the County of Hawaii's request for concurrence for the proposed comfort station and accessibility improvements at the Magic Sands Beach Park. The document was received by our office on June 30, 2020. At the request of Okahara and Associates, Inc. on behalf of the County of Hawaii, Department of Parks (CON DER) and Recreation, ASM Affiliates (ASM) conducted an archaeological inventory survey (AIS) in support of a Hawaii Revised Statutes Chapter 343 environmental assessment for the proposed project. The current submittal included the document titled, Archaeological Assessment for the Proposed Accessibility Improvements Project at Laaloa Beach Pork Pahoehoe 4^' and Laaloa 1st Ahupaa'a, North Kona District Island of Hawaii TIM. (3) '-"-008:01', 094, 107, and (3) 7-7-010:036 (Barna, February 2020). The owner of the project area is the County of Hawaii. The proposed development will include demolishing and replacing the existing comfort station facility and installing ADA compliant accessibility infrastructure, including concrete ramps and paths from Ali`i Drive to the comfort station and a picnic area. The proposed project also calls for repaving, signage, and striping a new entrance driveway and parking area, installing a new covered showers on the comfort station building and connecting them to the County wastewater treatment system, removal of some of the existing trees, and new landscaping. The results of the AIS are reported here as an archaeological assessment (AA) because no historic properties were documented during the MS. This draft AA report provides good background environmental, historical, and archaeological information, describes the AIS methods used, and Polly documents the results. The background archaeological section describes in good detail several archaeological sites previously identified in previous studies. The AIS fieldwork included surface a pedestrian survey throughout 100% of the project area. No historic properties of any kind were identified within the project area. Two previously identified preservation sites near, but outside the project area are a reconstructed ahupua'a boundary wall (SIHP 50-10-37.21219) and an aka ula or fishing deity stone (SIHP 50-10-37-21220). SHPD requests the Final AA report include the full site number for each site the first time the site is references e.g., 50-10-37-21219). Roxcie L. Waltjen September 18, 2020 Page 2 The AIS report satisfies the requirements of HAR §13-276-5. It is accepted. Please send two hard copies of the document, clearly marked FINAL, along with a text -searchable PDF version, to the Kapolei SHPD office, attention SHPD Library. Please also send a PDF version of this report to Lehua.K.Soares®hawaii Eov. Based on the AIS findings, SHPD concurs with COH DPR's HRS 6E project effect determination of "No historic properties affected." As stipulated in HAR §13-275-7(e), when SHPD comments that a project will not affect significant historic properties, this is the SHPD's written concurrence and the historic preservation review has ended. The SHPD hereby notifies the COH DPR that the MS has been accepted and that the FIRS 6E historic preservation review ended for this project. The project may proceed. Attach to permit: In the unlikely event that subsurface historic resources, including human skeletal remains, structural remains, cultural deposits, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at (808) 933-7651. Please contact Sean Naleimaile at (808) 933-7651 or at Sean .P.Naleimailecehawaii. Pov fur any questions or concerns regarding this letter. Aloha. MMDowee' Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer CON Public Works Department, public works(n hawaiicountvgov Kevin Sakai, KevinSakaira hawaiicountv.vov James Komata, James.Komatam hawaiicounty.pov Ben Barna, bbamaaasmaffiliates corn Cherry Kunen ckunert(a asmaffliates.com Ron Terry nerry(ahawaii.rr.com ciurv(nokahara coin YAINnA218 \ 218- 044 ADA lb* SoIda 8KKAItWps and Parngta\ SLAVuril 11aAAsed 1k0.01.9 MAGIC SANDS BEACH PARK NORTH KONA, HAWAII MIK: ( 3) 7- 7- 008: 017, 094, AN) 107 & 7- 7- 010: 038 Planning Dept. Exhibit 2 AERIAL MAP NOT TO SCALE DAVID Y. IGE GOVERNOR OE HAW* MEMORANDUM DATE: May 10, 2021 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HI 96721-0916 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief EUZABETH A. CHAR, 1.1.0. DIRECOR OF HEALTH In rep/. please Teter lo: i±tV 122021 om12 24 RECD HAND DELIVERED SUBJECT: Special Management Area Use Permit Application (SMA 21-000080) Applicant: County of Hawaii — Department of Parks and Recreation Request: To Allow Magic Sands Beach Park Facilities Upgrades and American Disabilities Act (ADA) Improvements TMK: 7-7-008:017, 094 & 107, 7-7-010:036 Alii Drive Right-of-Wav 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 Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document pn April 29, 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 11-541, A Section 401 Water quality Certification (WQC) is required if your project/activity: Requires a federal permit, license, certificate, approval, registration, or Planning Dept. Exhibit 3 SCANNED MAY 1 2 D,.19165 Ibl4 — MAY 1 3 2021 Zendo Kern May 10, 2021 Page 2 of 4 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 (POH) 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 website located at: hips://elm cloud.doh. iruau gm/perm'n 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: Imp://hcalth.h:nm uiLeovIctxh/. 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(b)(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 May 10, 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: hup / hi.. iiwd huh n.m.m n. A Notice of Intent (NOI) 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: 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: hilly/0 lea! v i.einRvv;b/. 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 11-54 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 Zendo Kern May 10, 2021 Page 4 of 4 opportunities, please visit: vlwu.hav Lrn.2os/doh/notlutcdnmoiiconirtd. 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: hirp://hurc.rii.aov /haahh/ens bon mentul/cm-plannins/landuse/luudi c.hunt. Any comments 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. AGOVERNOR O'F HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 April 26, 2021 FROM: MEMORANDUM TO: SUZANNE D. CASE CH IRPFRSOA BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE IAINAGEMENT T4 DLNR Agencies: X Div. of Aquatic Resources (kendall I tucker(Whawaii.gov) Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR/ahawaii.gov) X Div. of Forestry & Wildlife (rubyrosa.t.terrago( hawaii.gov) Div. of State Parks X Commission on Water Resource Management (DLNR.CWRMehawaii.gov) X Office of Conservation & Coastal Lands (sharleen.k.kubaRhawaii.gov) X Land Division — Hawaii District (gordon.c.heit gnhawaii.gov) FROM: Russell Y. Tsuji, Land AdministratorRusse// Tsuji SUBJECT: Special Management Area Use Permit Application (SMA 21-000080) — Request to Allow Magic Sands Beach Park Facilities Upgrades and American With Disabilities Act (ADA) Improvements LOCATION: Alii Drive, North Kona, Island of Hawaii; TMK Nos.: (3) 7-7-008: 017, 094, and 107; and (3) 7-7-010:036 and Alii Drive Right -of -Way APPLICANT: County of Hawaii on behalf of Department of Parks and Recreation Transmitted for your review and comment is information on the above -referenced subject matter. Please submit comments by May 20, 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.nakamuraehawaii.gov. Thank you. Attachments cc: Central Files We have no objections. We have no comments. We have no additional comments. Comments are attached. Signed: Print Name Division: Date: Carty S. Chang, Chief Engineer Engineering Division May 11, 2021 Planning Dept. Exhibit4 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Special Management Area Use Permit Application (SMA 21-000080) — Request to Allow Magic Sands Beach Park Facilities Upgrades and American With Disabilities Act (ADA) Improvements Location: Ali'i Drive, North Kona, Island of Hawaii TMK(s): (3) 7-7-008:017, 094, and 107; and (3) 7-7-010:036 Applicant: County of Hawaii on behalf of Department of Parks and Recreation 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 Ilawaii 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 May 11, 2021 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Divisio COH AY 25 30 s0 y HAND DB u'_ E'11 DATE: May 24, 2021 SUBJECT: SMA USE PERMIT APPLICATION (SMA 21-000080) Applicant: County of Hawaii — Department of Parks and Recreation Request: To Allow Magic Sands Beach Park Facilities Upgrades and American Disabilities Act (ADA) Improvements TMK: 7-7-008:017, 094, &107, 7-7-010:036, Alii Drive Right -of -Way We have reviewed the subject request forwarded by your memo dated April 23, 2021 and provide the following: The subject parcels are in areas designated as Flood Zone X and VE on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone VE is the Special Flood Hazard Area inundated by the 100 -year coastal flood (1% chance of occurring M any given year) with velocity hazard (wave action). All construction within Flood Zone VE shall comply with the requirements of Hawaii County Code, Chapter 27, Floodplain Management. All development -generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. All activities shall comply with the requirements of Hawaii County Code (HCC), Chapter 10, Erosion and Sedimentary Control. Construction within the County right-of-way shall comply with HCC, Chapter 22, County Streets. Questions may be referred to Robyn Matsumoto at 961-8924. County of Hawaii is an Equal Opportunity Provider and Employer Planning Dept Efhibit 5 SCANNED MAY 25 2921 R,.L q 2 7 TO: FROM: SUBJECT: DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 May 20, 2021 Mr. Zendo Kern, Director Planning Department Keith K. Okamoto, Manager -Chief Engineer MAY 21 2021 °!2:19 4EC'D tin* +, _=Lr`JERED Special Management Area Use Permit Application (SMA 21-000080) Applicant: County of Hawaii — Department of Parks and Recreation Request: To allow Magic Sands Beach Park Facilities Upgrades and American Disabilities Act (ADA) Improvements Tax Map Key 7-7-008:017, 094 and 107, 7-7-010:036, Alii Drive Right -of -Way Please be informed that there is an existing 11/4 -inch meter serving Magic Sands Beach Park. The meter is connected to an existing 4 -inch waterline along Ali`i Drive. The Department has no objection to the proposed application subject to the applicant understanding and accepting the following conditions: The Department requests that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute (GPM) and the total estimated average daily water usage in gallons per day (GPD) including all irrigation/landscaping use, if necessary. Upon receipt of the estimated average daily water usage calculations, the Department will make a determination as to the water commitment deposit amount, prevailing facilities charge (subject to change) to be paid, and other requirements for final approval. Based on the water usage calculations provided, if the existing meter cannot support the estimated demand, a new meter will need to be installed. If a new meter is required, a backflow prevention assembly will be required for that meter. The installation of the backflow prevention assembly must be inspected and approved by the Department before water service can be granted. hfannipg Drrt Exhibit Water, Our 9Kost Precious gagsource ... 7(µWai A Kane .. . The Oepartmenl or Water Supply Is an Equal Oppodunity provider and employer. M4r. Zendo Kern, Director Page 2 May 20, 2021 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, v Kei h K. Okamoto, P.E. Manager -Chief Engineer RQ:dfg copy — Department of Parks and Recreation Mr. Ron Terry, Geometrician Associates, LLC Mr. Charles Jury, Okahara and Associates, Inc.