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HomeMy WebLinkAbout11-09-2021 Agency Comments from Various DLNR Divisions fJ Fmi�9 y SUZANNE D.CASE CHAIRPERSON DAVID Y. HAWAII � s.� GOVERNOR HAWAII Gt ,... BOARD OF LAND AND NATURAL RESOURCES t COMMISSION ON WATER RESOURCE D rE ,m w MANAGEMENT I < of'a�d and Nar .0 61 T, STATE OF HAWAII State oP Hawa` DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 November 9, 2021 County of Hawaii Planning Department via email: the plan In ingC@hawaiicounty, ov Attention: Mr. Christian Kay 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Kay: SUBJECT: Multiple Permit Application Review Request (Special Management Area Use Permit and Change of Zone Application) for the Kumu Hou at Waikoloa Project located at South Kohala, Island of Hawaii; TMK: (3) 6- 9-008:013 (por.), 021, 022, 025, 027 (por.), 028 (por.), 029 (por.), 031, and 033 on behalf of Waikoloa Land Company Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR) distributed or made available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. At this time, enclosed are comments from the (a) Division of Aquatic Resources, (b) Engineering Division, (c) Commission on Water Resource Management, (d) Office of Conservation & Coastal Lands, and (e) Land Division-Hawaii District on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: dariene.k.nakamura _hawaii,gov. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosures cc: Central Files St ZANNE D.CASE DAVID Y.IGE At",+9$a q CHAIRPERSON GOVERNOR OF HAWAII BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON RATER RESOURCE MANAGEMENT oS wand and NaOd ;�+ 0 STATE OF HAWAII Sate of HaWaDEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU.HAWAII 96309 October 11, 2021 MEMORANDUM TO: DLNR Agencies: X Div. of Aquatic Resources (kendall.l.tucker(a)hawaii.gov) _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGRC@hawaii.gov) X Div. of Forestry &Wildlife (rubyrosa.t.terrago(a)hawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM(c-)hawaii.gov) X Office of Conservation & Coastal Lands (sharleen.k.kuba(aD-hawaii.gov) X Land Division — Hawaii District (gordon.c.heit(a-)hawaii.gov) FROM: Russell Y. Tsuji, Land Administratorgusse//Tsuji SUBJECT: Multiple Permit Application Review Request (Special Management Area Use Permit and Change of Zone Application) for the Kumu Hou at Waikoloa Project LOCATION: South Kohala, Island of Hawaii; TMK: (3) 6-9-008:013 (por.), 021, 022, 025, 027 (por.), 028 (por.), 029 (por.), 031, and 033 APPLICANT: County of Hawaii on behalf of Waikoloa Land Company Transmitted for your review and comment is information on the above-referenced subject matter which can be found at the following OneDrive hyperlink: Kumu Hou at Waikoloa Project Please submit comments by November 5, 2021. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura(cD-hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. (� ) We have no comments. ( ) We have no additional comments. ( ) Comments are included/attached. Signed: Print Name: Brian J. Neilson-Administrator Division: Aquatic Resources Date: Nov 1,2021 Attachments cc: Central Files _ SUZANNE D.CASE DAVID}.IGF O F _ CII1fItPlktit)\ (.f J\I RNt)R(11: I'll%R11 OI I SNI)SND NA I V R\I RIM)URC1=S IL\%IA1I /,�P.o X959 9�1 CU\i\nSS111NON 1\\II-RR1S0)IRCI:\L%NA6f\II_NT ROBERT K.11IASL DA tlRnf bE111111. and Nay` 1 'c tT 11 MI IULEO MANUEL DEI 1 I 11 DO(1 CTUR Vl A 11 R H iI\[IC RI-S01 RC FS \f C,N'DUCI,INRICRI 11()N rBI'RI\I OF CON\'I)\NCFS CO\I\[I.:IC)NON\11LIRRI:SOIR(I NL�N':\(dMINI CONSI.R\':\TI()N AMI C()AST..-"I:\N)S STATE�� ������ CONSIRVAHON.�IDRIS RCE915NFORC1yUNT t DEPARTMENT OF LAND AND NATURAL RESOURCES IOR1 I]( -RNAI RVANOl` In roRl(rkPsrkv�noN Sate of Nawa`� DIVISION OF AQUATIC RESOURCES RAIOxxAv%l ISI vNDRFSIR% Q)yINIISSION LAND 1151 PUNCHBOWL STREET.ROOM330 -LvTeR.-v Ns HONOLULU,HAWAII 96813 Date: 10/29/2021 DAR#AR0117 MEMORANDUM TO: Brian J. Neilson DAR Administrator FROM: Nicole Smith / Aquatic Biologist Multiple permit application review request for the Kumu Hou at Waikoloa SUBJECT: Project Request Submitted by: Russell Y. Tsuji, Land Administrator South Kohala,Island of Hawaii;TMK:(3)6-9-008:013(por.),021,022,025,027(por.),028 Location of Project: (Por.),029(por.),031,and 033 Brief Description of Project: Special Management Area Use Permit No. PL -SMA -2021- 000001 Request: To Amend SMA Major Permit No. 25 to Remove Area A, Area B, and Area C, Totaling +/- 182.9 Acres Tax Map Keys: 6- 9- 008: 013 ( por.), 021 , 022, 025, 027 (por.), 028 ( por.), 029 ( por.), 031 por.), and 033. Special Management Area Use Permit No. PL-SMA-2021-000002\Request: To allow 264 Multi-Family Timeshare units and related infrastructure in areas J1 and J2 of"Area A" Totaling Comments: R1 No Comments ❑ Comments Attached Thank you for providing DAR the opportunity to review and comment on the proposed project. Should there be any changes to the project plan, DAR requests the opportunity to review and comment on those changes. Comments Approved: Date: Nov 1,2021 Brian J. Neilson DAR Administrator DAR# AR0117 Brief Description of Project +/- 38.6 Acres. Tax Map Keys: 6-9-008:021, 027, 027, and 031. Special Management Area Use Permit No. PL -SMA -2021- 000003 Request: To Allow 25 Single -Family Residential Lots and Related Infrastructure in Area L2 of"Area A" Totaling +/- 7. 3 Acres Tax Map Keys: 6- 9- 008: 021 and 028. Special Management Area Use Permit No. PL -SMA -2021- 000004 Request: To Allow 900 Multi -Family Timeshare Units and Relocated Golf Clubhouse/Driving Range, Parks, wells/ Irrigation within Project Areas B and C, Totaling +/- 136. 9 Acres Tax Map Keys: 6- 9-008: 013 ( por.), 022, 025, 028 ( por.), 029 ( por.) and 033. Change of Zone Application (PL-REZ-2021- 000004 Request: Open and RM -8 to RM -6 and RS -10 for +/- 45. 9 Acres Tax Map Keys: 6- 9- 008: 021, 027, 028 and 031. Change of Zone Application (PL-REZ-2021- 000005) Request: Open, RM -4, RM -6, RM -8 and CV -10 to Project District for +/- 133. 8 Acres Tax Map Keys: 6- 9- 008: 013 ( por.), 022, 025, 029 ( por.) and 033. 4E.9.%",q SUZANNE D.CASE Pi''1959 'k CBAIRPERSON DAVID Y.IGE '':9 GOVERNOR OF HAWAII y BOARD OF LAND AND NATURAL RESOURCES a COMMISSION ON WATER RESOURCE t• MANAGEMENT f and and oE- Ndr` ij. a c 0 STATE OF HAWAII Srare f Hama` DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 October 11, 2021 MEMORANDUM FROM: DLNR Agencies: X Div. of Aquatic Resources (kendall.l.tucker(a�hawaii.gov) _Div. of Boating &Ocean Recreation X Engineering Division (DLNR.ENGR(a)hawaii.gov) X Div. of Forestry &Wildlife (rubyrosa.t.terrago(a)hawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM(d-)hawaii.gov) X Office of Conservation & Coastal Lands (sharleen.k.kubaa-hawaii.gov) X Land Division — Hawaii District (gordon.c.heit(cDhawaii.gov) TO: T RGW Russell Y. Tsuji, Land Administrator Russel/Tsuji SUBJECT: Multiple Permit Application Review Request (Special Management Area Use Permit and Change of Zone Application) for the Kumu Hou at Waikoloa Project LOCATION: South Kohala, Island of Hawaii; TMK: (3) 6-9-008:013 (por.), 021, 022, 025, 027 (por.), 028 (por.), 029 (por.), 031, and 033 APPLICANT: County of Hawaii on behalf of Waikoloa Land Company Transmitted for your review and comment is information on the above-referenced subject matter which can be found at the following OneDrive hyperlink: Kumu Hou at Waikoloa Project Please submit comments by November 5, 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.nakamuraa-hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. (�) Comments are included/attached. Signed: 'd�' Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Oct 29, 2021 Attachments cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Multiple Permit Application Review Request(Special Management Area Use Permit and Change of Zone Application) for the Kumu Hou at Waikoloa Project Location: South Kohala, Island of Hawaii TMK(s): (3) 6-9-008:013 (por.), 021, 022, 025, 027 (por.), 028 (por.), 029 (por.), 031, and 033 Applicant: County of Hawaii on behalf of Waikoloa Land Company 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). Be advised that 44CFR, Chapter 1, Subchapter B, Part 60 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 zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT) could also be used to research flood hazard information. If there are questions regarding the local flood ordinances,please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139. o Kauai: County of Kauai, Department of Public Works (808) 241-4849. Signed: CARTY S. CHANG, CHIEF ENGINEER Date: Oct 29,2021 DAVID Y.IGE °jsI�}� ° �` SUZANNE D.CASE GOVERNOR OF HAWAII \ CHAIRPERSON MICHAEL G.BUCK ELIZABETH A.CHAR,M.D. NEIL J.HANNAHS AURORA KAGAWA-VIVIANI,PH.D. WAYNE K.KATAYAMA PAUL J.MEYER STATE OF HAWAII M.KALEO M DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O.BOX 621 HONOLULU,HAWAII 96809 November 3, 2021 REF: RFD.5814.8 TO: Mr. Russell Tsuji,Administrator Land Divison ,l�j,(/; FROM: M. Kaleo Manuel, Deputy Director � `� v'� Commission on Water Resource Management SUBJECT: Kumu Hou at Waikoloa Project,Waikoloa Land Company, South Kohala FILE NO.: RFD.5814.8 TMK NO.: (3)6-9-008:013, (3)6-9-008:021, (3)6-9-008:022, (3)6-9-008:025, (3)6-9-008:027, (3)6-9- 008:028, (3)6-9-008:029, (3)6-9-008:031, (3)6-9-008:033 Thank you for the opportunity to review the subject document. The Commission on Water Resource Management(CWRM) is the agency responsible for administering the State Water Code (Code). Under the Code, all waters of the State are held in trust for the benefit of the citizens of the State, therefore all water use is subject to legally protected water rights. CWRM strongly promotes the efficient use of Hawaii's water resources through conservation measures and appropriate resource management. For more information, please refer to the State Water Code, Chapter 174C, Hawaii Revised Statutes, and Hawaii Administrative Rules, Chapters 13-167 to 13-171. These documents are available via the Internet at htti):Hdlnr.hawaii.gov/cwrm. Our comments related to water resources are checked off below. FRI 1. We recommend coordination with the county to incorporate this project into the county's Water Use and Development Plan. Please contact the respective Planning Department and/or Department of Water Supply for further information. El2. We recommend coordination with the Engineering Division of the State Department of Land and Natural Resources to incorporate this project into the State Water Projects Plan. El3. We recommend coordination with the Hawaii Department of Agriculture (HDOA)to incorporate the reclassification of agricultural zoned land and the redistribution of agricultural resources into the State's Agricultural Water Use and Development Plan (AWUDP). Please contact the HDOA for more information. FRI 4. We recommend that water efficient fixtures be installed and water efficient practices implemented throughout the development to reduce the increased demand on the area's freshwater resources. Reducing the water usage of a home or building may earn credit towards Leadership in Energy and Environmental Design (LEED)certification. More information on LEED certification is available at http://www.usgbc.org/leed. A listing of fixtures certified by the EAP as having high water efficiency can be found at http://www.epa.gov/watersense. 5. We recommend the use of best management practices (BMP)for stormwater management to minimize the impact of the project to the existing area's hydrology while maintaining on-site infiltration and preventing polluted runoff from storm events. Stormwater management BMPs may earn credit toward LEED certification. More information on stormwater BMPs can be found at http://planning.hawaii.gov/czm/initiatives/low-impact-development/ FRI 6. We recommend the use of alternative water sources,wherever practicable. FRI 7. We recommend participating in the Hawaii Green Business Program, that assists and recognizes businesses that strive to operate in an environmentally and socially responsible manner. The program description can be found online at http://energy.hawaii.gov/green-business-program. FRI 8. We recommend adopting landscape irrigation conservation best management practices endorsed by the Landscape Industry Council of Hawaii. These practices can be found online at Mr. Russell Tsuji Page 2 November 3, 2021 http://www.hawaiiscape.con-/wp-content/uploads/2013/04/LICH_Irrigation_Conservation_BMPs.pdf. X❑ 9. There may be the potential for ground or surface water degradation/contamination and recommend that approvals for this project be conditioned upon a review by the State Department of Health and the developer's acceptance of any resulting requirements related to water quality. ❑ 10 The proposed water supply source for the project is located in a designated water management area, and a Water Use Permit is required prior to use of water. The Water Use Permit may be conditioned on the requirement to use dual line water supply systems for new industrial and commercial developments. —1 11 The Hawaii Water Plan is directed toward the achievement of the utilization of reclaimed water for uses other than drinking and for potable water needs in one hundred per cent of State and County facilities by December 31, 2045 (§174C-31(g)(6), Hawaii Revised Statutes). We strongly recommend that this project consider using reclaimed water for its non-potable water needs, such as irrigation. Reclaimed water may include, but is not limited to, recycled wastewater, gray water, and captured rainwater/stormwater. Please contact the Hawai'i Department of Health,Wastewater Branch, for more information on their reuse guidelines and the availability of reclaimed water in the project area. RI 12 A Well Construction Permit(s)is (are)are required before the commencement of any well construction work. X❑ 13 A Pump Installation Permit(s) is (are) required before ground water is developed as a source of supply for the project. X❑ 14 There is (are)well(s) located on or adjacent to this project. If wells are not planned to be used and will be affected by any new construction, they must be properly abandoned and sealed. A permit for well abandonment must be obtained. ❑ 15 Ground-water withdrawals from this project may affect streamflows,which may require an instream flow standard amendment. ❑ 16 A Stream Channel Alteration Permit(s) is (are) required before any alteration can be made to the bed and/or banks of a steam channel. 17 A Stream Diversion Works Permit(s) is (are) required before any stream diversion works is constructed or altered. ❑ 18 A Petition to Amend the Interim Instream Flow Standard is required for any new or expanded diversion(s) of surface water. ❑ 19 The planned source of water for this project has not been identified in this report. Therefore,we cannot determine what permits or petitions are required from our office, or whether there are potential impacts to water resources. X❑ OTHER: Planning- As noted above, the Commission supports the use of alternative resources wherever practicable to conserve natural supplies. It is the policy of the Water Commission to promote the viable and appropriate reuse of reclaimed water insofar as it does not compromise beneficial uses of existing water resources. Kumu Hou is expected to generate an additional 0.38 mgd of wastewater that will be treated to R-1 levels and used for irrigation. A new brackish irrigation system will provide 0.31 mgd of non-potable water for Kumu Hou irrigation demands. It seems that the increased R-1 production could supply the new Kumu Hou irrigation demand. GW-The proposed brackish well source for proposed new brackish water irrigation (0.31 mgd) may have impacts to T&C practices in the area. Impacts to ground water dependent ecosystems is becoming an emerging issue as impacts to these are related to impacts to traditional &customary practices of sustenance from these ecosystems. We recommend consultation with the region's (moku)Aha Moku Council on whether this project will impact any traditional &customary practices. If you have any questions, please contact Neal Fujii of the Planning Branch at 587-0216 or Ryan Imata of the Regulation Branch at 587-0225. t. G o F hq SUZANNE D.CASE DAVID Y.IGE �P`•`a•+9 b9• 9� CHAIRPERSON GOVERNOR OF HAWAII h N BOARD OF LAND AND NATURAL RESOURCES { COMMISSION ON WATER RESOURCE 1. MANAGEMENT Vand and r oE at c, 'tri ,�.D`�.�+gip•.- ,. 4,.. �_}i �iJ.� STATE OF HAWAII ZQZC OCT13 'S tate of Ha'•Na" DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION C, POST OFFICE BOX 621 HONOLULU.HAWAII 96809 October 11, 2021 MEMORANDUM TO: DLNR Agencies: X Div. of Aquatic Resources (kendall.l.tuckera-hawaii.gov) _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGRa-hawaii.gov) X Div. of Forestry & Wildlife (rubyrosa.t.terragoahawaii.gov) Div. of State Parks X Commission on Water Resource Management (DLNR.CWRMa-hawaii.gov) X Office of Conservation & Coastal Lands (sharleen.k.kubaahawaii.gov) X Land Division — Hawaii District (gordon.c.heita-hawaii.gov) FROM: Russell Y. Tsuji, Land Administrator Russell Tsuji SUBJECT: Multiple Permit Application Review Request (Special Management Area Use Permit and Change of Zone Application) for the Kumu Hou at Waikoloa Project LOCATION: South Kohala, Island of Hawaii; TMK: (3) 6-9-008:013 (por.), 021, 022, 025, 027 (por.), 028 (por.), 029 (por.), 031, and 033 APPLICANT: County of Hawaii on behalf of Waikoloa Land Company Transmitted for your review and comment is information on the above-referenced subject matter which can be found at the following OneDrive hyperlink: Kumu Hou at Waikoloa Project Please submit comments by November 5, 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.nakamuraa-hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( � We have no comments.* We have no additional comments. Comments are inclu d/attache Signed: Print Name: ,_ Division: Date: Attachments cc: Central Files /()/Z----/2-I ,16.•�,F^.N4 SUZANNE D.CASE P.•^ Y.DAVID OF HA ,g Sg'^.k CHAIRPERSON GOVERNOR OF AHA r'.. „`•.7� WAIIqr BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE 7p MANAGEMENT of 4a�d and C d� �' � Yb.m;yr;p11i9' STATE OF HAWAII stare fN a DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 October 11, 2021 MEMORANDUM TO: DLNR Agencies: X Div. of Aquatic Resources (kendall.l.tucker(a).hawaii.gov) _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(o-)_hawaii.gov) X Div. of Forestry &Wildlife (rubyosa.t.terragoCa)hawaii.gov) Div. of State Parks X Commission on Water Resource Management (DLNR.CWRMC@hawaii.gov) X Office of Conservation & Coastal Lands (sharleen.k.kuba(a-)_hawaii.gov) X Land Division — Hawaii District (aordon.c.heit(a�hawaii.gov) FROM: Russell Y. Tsuji, Land AdministratorRusseii Tsuji SUBJECT: Multiple Permit Application Review Request (Special Management Area Use Permit and Change of Zone Application) for the Kumu Hou at Waikoloa Project LOCATION: South Kohala, Island of Hawaii; TMK: (3) 6-9-008:013 (por.), 021, 022, 025, 027 (por.), 028 (por.), 029 (por.), 031, and 033 APPLICANT: County of Hawaii on behalf of Waikoloa Land Company Transmitted for your review and comment is information on the above-referenced subject matter which can be found at the following OneDrive hyperlink: Kumu Hou at Waikoloa Proiect Please submit comments by November 5, 2021. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura(c)-hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( We have no comments. ( ) We have no additional comments. ( ) Comments are included/attached. Signed: �^ Print Name: Division: a Date: lam' Attachments cc: Central Files