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HomeMy WebLinkAbout11-10-2021 Agency Comments from DLNR-DOFAW O F h,y St-LAN-"-ED.CASE CHAIRPERSON P '•IY DAVID Y.IGE seg�'':9 GOVERNOR OF HAWAII y BOARD OF LAND AND NATURAL RESOURCES r CONMISSION ON WATER RESOURCE ' `. NLANAGENIENT I' f wand and Nar n °c �:m;m;oioi+r 0 STATE OF HAWAII Slate of Ha�'a° DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 November 10, 2021 County of Hawaii Planning Department via email: the planning(o-)-hawaiicounty.gov 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. In addition to our previous comments dated November 9, 2021, enclosed are comments from the Division of Forestry & Wildlife on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamura(a�hawaii.gov. Thank you. Sincerely, Ru� 1'"suyL Russell Y. Tsuji Land Administrator Enclosures cc: Central Files "'F- F+H9 SLZANNE D.CASE DAVID Y.IGE .CPQ;1959 CHAIRPERSON GOVERNOR GOVERNOR OF HAWAII q BOARD OF LAND AND NATURAL RESOURCES CONLIIISSION ON WATER RESOURCE 1• ` NLANAGE'.1IENT tof Vaud and c STATE OF HAWAII Stere oq Ha^'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(Qhawaii.gov) X Div. of Forestry & Wildlife (rubyrosa.t.terragoa-hawaii.gov) Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM(a-)_hawaii.gov) X Office of Conservation & Coastal Lands (sharleen.k.kuba(a�hawaii.gov) X Land Division — Hawaii District (gordon.c.heit(o-)hawaJ.gov) FROM: Russell Y. Tsuji, Land Administrator Russo#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(d-)hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. (� ) Comments are included/attached. Signed: �OA Print Name: DAVID G. SMITH, Administrator Division: Division of Forestry and Wildlife Date: Nov 9,2021 Attachments cc: Central Files SUZANNE D.CASE or N _ CHAIRPERSON DAVID Y.IGE 'C�'.°pje '9 Jy- BOARD OF LAND ANDNATURAL RESOURCES GOVERNOR OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT ROBERT K.MASUDA FTRsrnEPurY !p a NL xAEEo mrnNnEE DEPUTY DIRECTOR-WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION '1!\ BUREAU OF CONVEYANCES `\\ STATE OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT MAWAti� CONSERVATION AND COASTAL LANDS DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVAT GN AND RESOURCES ENFGRGEMENT ENGINEERING FORESTRY AND WRLDLIFE DIVISION OF FORESTRY AND WILDLIFE HISTORIC PRESERVATION 1151 PUNCHBOWL STREET,ROOM 325 KAIIGGLAWE ISLAND RESERVE COMMISSION LAND HONOLULU,HAWAII 96813 STATE PARKS November 9, 2021 MEMORANDUM Log no. 3375 TO: RUSSELL Y. TSUJI, Administrator Land Division FROM: DAVID G. SMITH, Administrator Division of Forestry and Wildlife SUBJECT: Division of Forestry and Wildlife Comments for the Multiple Permit Application Review Request (Special Management Area Use Permit and Change of Zone Application) for the Kumu Hou at Waikoloa Project The Department of Land and Natural Resources,Division of Forestry and Wildlife (DOFAW)has received your inquiry regarding the Kumu Hou at Waikoloa Project in South Kohala on Hawaii Island, Hawaii, TMKs: (3) 7-4-004:092 and 014. The proposed project consists of multi-family timeshare units and related infrastructure, single residential lots, a golf clubhouse, driving range, parks and irrigation. State listed waterbirds such as the Hawaiian Duck(Arras wyvilliana), Hawaiian Stilt(Himantopus mexicanus knudseni), Hawaiian Coot (Fulica alai) and Hawaiian Goose or Nene (Branta sandvicensis) have the potential to occur in the vicinity of the proposed project site. It is against State law to harm or harass these species. If any of these species are present during construction activities, then all activities within 100 feet (30 meters) should cease, and the bird should not be approached. Work may continue after the bird leaves the area of its own accord. If a nest is discovered at any point,please contact the Hawaii Island DOFAW branch at(808) 974-4221. The State listed Hawaiian Hawk or `Io (Buteo solitarius) is known to occur in the project vicinity. DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees are to be cut. `Io nests might be present during the breeding season from March to September. The State listed Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereus semotus) has the potential to occur in the vicinity of the project area and may roost in nearby trees. If any site clearing is required this should be timed to avoid disturbance during the bat birthing and pup rearing season (June 1 through September 15). If this cannot be avoided, woody plants greater than 15 feet(4.6 meters)tall should not be disturbed, removed, or trimmed without consulting DOFAW. The State listed Blackburn's Sphinx Moth (BSM; Manduca blackburni) has a historic range that encompasses the project area. Larvae of BSM feed on many nonnative hostplants that include tree tobacco(Nicotiana glauca)which grows in disturbed soil. We recommend contacting our Hawaii Island DOFAW office at(808)974-4226 for further information about where BSM maybe present and whether a vegetation survey should be conducted to determine the presence of plants preferred by BSM. To avoid harm to BSM, DOFAW recommends removing plants less than one meter in height or during the dry time of the year. If you remove tree tobacco over one meter in height or disturb the ground around or within several meters of these plants they must be checked thoroughly for the presence of eggs and larvae. DOFAW recommends minimizing the movement of plant or soil material between worksites, such as in fill. Soil and plant material may contain invasive fungal pathogens(e.g. Rapid `Ohi`a Death), vertebrate and invertebrate pests (e.g. Little Fire Ants), or invasive plant parts that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee at(808) 933-3340 in planning, design, and construction of the project to learn of any high-risk invasive species in the area and ways to mitigate spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. DOFAW recommends using native plant species for landscaping that are appropriate for the area (i.e. climate conditions are suitable for the plants to thrive,historically occurred there,etc.). Please do not plant invasive species. DOFAW recommends consulting the Hawaii-Pacific Weed Risk Assessment website to determine the potential invasiveness of plants proposed for use in the project(hllps://sites.google.com/site/weedriskassessment/home). We recommend that you refer to www.planlpono.org for guidance on selection and evaluation for landscaping plants. We note that artificial lighting can adversely impact seabirds that may pass through the area at night by causing disorientation. This disorientation can result in collision with manmade artifacts or grounding of birds. For nighttime lighting that might be required, DOFAW recommends that all lights be fully shielded to minimize impacts. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season from September 15 through December 15. This is the period when young seabirds take their maiden voyage to the open sea. For illustrations and guidance related to seabird-friendly light styles that also protect the dark, starry skies of Hawaii please visit: ha2s://dlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. We appreciate your efforts to work with our office for the conservation of our native species. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted,please contact our staff as soon as possible. If you have any questions,please contact Paul Radley, Protected Species Habitat Conservation Planning Coordinator at(808) 295-1123 or paul.m.radley2hawaii.gov. Sincerely, �OA DAVID G. SMITH Administrator