HomeMy WebLinkAboutPD Recommendation Report COH-Parks & Rec (PL-SMA-2023-031) BMiloliiSMM-6/30/23
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
COUNTY DEPARTMENT OF PARKS AND RECREATION
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION
(PL-SMA-2023-000031)
Upon careful review of the applicant's request against the guidelines for granting of a Special
Management Area Use Permit, the Planning Director recommends that this requests to allow
facility improvements and ADA improvements of the Miloli`i Beach Park be approved by
the Planning Commission. Since this recommendation is made without the benefit of public
testimony, the Director reserves the right to modify and/or alter this recommendation based upon
additional information presented at the public hearing. This approval recommendation is based on
the following:
The County of Hawaii Department of Parks and Recreation is requesting a Special
Management Area(SMA)Use Permit for its recreational facility improvements that are
located at the Miloli`i Beach Park on approximately 1.41 acres of land located along the
shoreline within the coastal village of Miloli`i. The park currently contains an unpermitted 80
ft by 40 ft covered pavilion, a basketball/volleyball court,parking area, a restroom, a water
tank, a pump house, and firepits.
The overall improvements that are being requested under SMA Use Permit(PL-SMA-
2023-000031) include the following:
• Replacement of the existing pavilion;
• Replacement of the existing comfort station;
• Replacement of the non-potable water storage with a new potable water storage and
booster pump station for the new comfort station;
• Improvement of the parking lot to be ADA accessible;
• Improvements of the walkways connecting the comfort station with the parking area
and park facilities to be ADA accessible;
• Reconstruction and resurfacing of the basketball/volleyball courts enclosed within a
surrounding chain link fence;
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• Construction of a new playground and a surrounding chain link fence;
• Designation of a boat turnaround area; and
• Installation of vehicular barriers to prevent unauthorized vehicles from accessing the
shoreline and the pavilion.
In 2019 the Board of Land an Natural Resources certified the shoreline for the
subject property as delineated along the edge of the existing seawalls that surround the
subject property. While the proposed improvements aim to remove and reconstruct the
existing pavilion, the pavilion as well as new walkways improvements and a new boat
turnaround area will be located within the minimum 40-foot shoreline setback area and
therefore the Department of Parks and Recreation has concurrently applied for a SSV for
these improvements.
The Department of Parks and Recreation has also provided various alternatives to the
project located within the Final Environmental Assessement(FEA) and ultimately settled on
the Site Plan (Figure 3) as shown in the FEA. Additionally, Figure 8 of the FEA shows a
complete list of the proposed improvements to the Miloli`i Beach Park while including the
subject property's relation to the shoreline including the minimum 40-foot shoreline setback
line and VE flood zone for the area.
According to the applicant, construction of the project will begin once the granting of
all necessary permits. The current estimated cost of the improvements is $1,750,000.
The grounds for approving development within the Special Management Area are
based on HRS, Chapter 205A-26(2) (Special Management Area guidelines) and Rule 9-11(e)
of the Planning Commission Rules of Practice and Procedure. Planning Commission Rule 9-
11(e) states that the Planning Commission may permit the proposed development only upon
finding that:
1. The development will not have any significant adverse environmental or
ecological effect, except as any adverse effect is minimized to the extent
practicable and clearly outweighed by public health, safety, or compelling public
interests.
2. The development is consistent with the Special Management Area objectives,
policies and guidelines as provided by Chapter 205A, HRS.
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3. The development is consistent with the General Plan, Community Plan, Zoning
Code, and other applicable ordinances.
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 Planning Commission to
reasonably protect any valued cultural, historical, or natural resources
including any existing traditional and customary native Hawaiian rights.
In review of the SMA guidelines as listed under HRS 205A-26(2)(A), the
proposed development will not have any significant adverse environmental or
ecological effect, except as such adverse effect is minimized to the extent practicable
and clearly outweighed by public health, safety, or compelling public interest. In
considering the significance of potential environmental effects, the Commission shall
consider the sum of those effects that adversely affect the quality of the environment and
shall evaluate the overall and cumulative effects of the action on the Special Management
Area. 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 eliminate planning options.
The applicant has conducted an Environmental Assessment for the project, which
resulted in a Finding of No Significant Impact(FONSI). Thus, it has been determined that
the proposed Miloli`i Beach Park facility upgrades and ADA improvements will not have
a significant adverse environmental or ecological effect upon the Special Management
Area.
In reviewing the proposed development against the factors that may constitute a
substantial adverse effect as listed under Planning Commission Rule 9-10 (H) (1-10), most
of the park is depicted within FEMA Flood Zone X. A small sliver to the north of the
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property is located within Flood Zone AE with a base flood elevation of 7 feet and Flood
Zone VE (coastal high hazard area) is located in the northwestern portion of the property
with a base flood elevation of 10 feet. The proposed action has been designed to minimize
construction in the VE Flood Zone while accomplishing the key goal of providing
accessible facilities. The footprint of the existing pavilion will be relocated outside of the
VE Flood Zone and into the X Flood Zone thus minimizing impacts from flooding.
The applicant has considered the risk of sea level rise (SLR) and determined that
given the long-time scenario and uncertainty associated with the risk, it is still prudent to
undertake this project. The public benefits outweigh a no action alternative which could
lead to losing critical functionality at a heavily used public recreation site. As such, the
proposed development will not create a substantial adverse effect on the surrounding areas.
Although the County Department of Parks and Recreation is steadily improving the
accessibility of its facilities through individual projects,they are scattered around the island
and would not tend to produce adverse cumulative impacts. Furthermore, the proposed
project is not related to other activities in the region in such a way as to produce adverse
cumulative effects or involve a commitment of larger actions. Because of the limited scale
of development and planned mitigation, impacts to any terrestrial biological, beach, ocean
and aquative resources can be avoided through adherence to Best Management Practices
(BMPs).
The project site is an existing landscaped park in heavy use with an existing
pavilion requiring extensive maintenance and replacements that is required by a legal
settlement to become ADA-accessible. In review of the application for the upgrades and
improvements to the existing Miloli`i Beach Park, the project use would be consistent with
SMA guidelines as it would benefit and not adversely affect public access to a heavily used
recreational resource, as well as improving access to historic, scenic and open space
resources. The proposed project will expand recreational use for disabled users of the park
ensuring that shoreline uses such as fishing, surfing, and other water-dependent activities
are allowed in an equitable manner.
In review of the SMA guidelines as listed under HRS 205A-26, the proposed
development is consistent with the objectives and policies as provided by Chapter
205A-26, HRS, and Special Management Area guidelines contained in Rule No. 9 of
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the Planning Commission Rules of Practice and Procedure. The purpose of Chapter
205A, Hawaii Revised Statutes (HRS) and Special Management Area Rules and
Regulations of the County of Hawaii,is to preserve,protect, and where possible,to restore
the natural resources of the coastal zone areas. Therefore, special controls on development
within an area along the shoreline are necessary to avoid permanent loss of valuable
resources and the foreclosure of management options. The objectives and policies of
Chapter 205A, HRS include, but are not limited to, the protection of coastal recreational
resources, historic resources, scenic and open space resources, coastal ecosystem, marine
resources, beaches, and controlling development in coastal hazard areas.
The proposed development is consistent with the objectives and policies of the
Coastal Zone Management Program (Chapter 205A, Hawai`i Revised Statutes)including:
Coastal Recreational Resources: The County Park known as the Miloli`i Beach
Park is approximately 1.41-acres in size. The project area is relatively flat with slopes
ranging from 0 to 1.5% generally sloped toward the southern portion of the project site.
Elevations on the project site range from 6.7-7.7 feet Mean Sea Level(MSL). The certified
shoreline is located along the makai boundary along an existing seawall. The development
has provided valuable public access to the Miloli`i area. The proposed accessibility
improvements would not in any manner adversely affect any recreational resources, and
the proposed project will expand and improve recreational uses for disabled users of the
park. The proposed project would not restrict any shoreline uses such as fishing, surfing,
and other water-dependent activities. Additionally, the proposed project would help the
Applicant in its mission to provide adequate, accessible and diverse recreational
opportunities for the public.
Historic Resources: Miloli`i Beach Park, has historically been acknowledged as
the heart of recreation for this portion of the South Kona coastline and is historically known
as the last Native Hawaiian fishing village. An archaeological inventory survey for the
project was conducted by Haun & Associates in accord with State Historic Preservation
Division (SHPD) rules governing standards for archaeological reports (HAR-13-13-276).
A copy of the report was included in Appendix B in the Final Environmental Assessment
(FEA). Given the negative findings of the archeological assessment, the determination of
effect for the proposed project is "no historic properties affected"; which was confirmed
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by SHPD. A standard condition will be included to address possible inadvertent
archeological finds during the construction of the project.
Scenic and Open Space Resources: The subject property and general vicinity is
identified as an area of natural beauty by the General Plan and is situated about 5 miles
makai of Mamalahoa Highway. Distant views of the sea from the highway currently exist.
Due to the topography of the land between Mamalahoa Highway and the subject property
(at least 1,000 feet elevation difference) and the like for like improvements, would not
impede current views from these highways to the sea. The proposed facility will improve
public access to the shoreline and it will allow for local residents and visitors to continue
to experience valuable scenic resources and open spaces preserved on the Big Island.
Coastal Ecosystems and Marine Resources: Marine waters located off of the Kona
coastline in this area are classified as Class AA. The objective of Class AA designation is
to ensure these waters remain in their natural pristine state as nearly as possible with an
absolute minimum of pollution or alteration of water quality from any human-caused
source or action. Short-term impacts on the marine environment from construction projects
in this area could potentially result from airborne dust and increased silt that collects in
stormwater runoff directed towards the ocean. The use of drywells to address on-site
drainage, not directing stormwater towards the ocean, and compliance with Chapter 27,
Flood Control, Hawai`i County Code, will mitigate the potential impacts of increased
stormwater inputs to the nearshore/ocean area. To address potential impacts of the
proposed development on water quality, marine resources and coastal ecosystems the
applicant will implement best management practices (BMPs) as part of the National
Pollutant Dischange Elimination System (NPDES) permit process as well as complying
with Chapter 10, Erosion and Sedimentation Control, Hawaii County Code, and State
Department of Health (DOH)water pollution and control regulations.
There is no municipal sewer system in Miloli`i. According to the applicant, the
existing park is currently serviced by an Individual Wastewater System (IWS) comprised
of a septic tank and leach field. Residents of the area have expressed concerns over high
bacteria levels around the beach park. An IWSAssessment and Feasibility Study for Miloli`i
Beach Park as shown in Appendix D of the FEA was completed in August 2020.
In general, the waters surrounding Miloli`i Beach Park are being negatively
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impacted by enterococcus. Samples near the entrance to the beach park and pavilion were
found to have the highest enterococcus levels, which exceeded the limit for recreation
waters. The shallow marine cove fronting the beach park was predicted to have the highest
bacteria levels due to its proximity to the existing leach field. However, samples from this
location were found to have the lowest enterococcus levels, well below the limits allowed
for recreational waters.
Additionally,a dye test was conducted and originated at the comfort station's septic
tank and no dye was observed in the adjacent marine waters through the investigation
period. The study concluded that the IWS appears to be adequate for low to normal usage
periods, however it may be undersized for the estimated weekend use. The study further
provided options to the Department of Parks and Recreation on other possible wastewater
systems. Based on the water quality investigation, dye test and the IWS capacity for normal
day-to-day flows, keeping the existing IWS was recommended. Additionally, further
investigation was recommended during high usage periods and increasing the frequency of
pumping was also recommended. Both will help to determine if the existing IWS is
functioning properly during high usage periods and determine an approximate high usage
population. At this time the Department of Parks and Recreation will provide a holding
tank for toilet waste while continuing to use the existing IWS for sink water. Based on the
preceding, the Planning Director is recommending a condition of approval requiring the
applicant to more frequently routinely pump the existing septic system (once every three
months to once a month during high usage periods) and provide a holding tank for toilet
waste while continuing to use the existing IWS for sink water.
There were no professional surveys conducted of the floral or faunal resources for
the subject property, however the applicant does not believe that any rare or endangered
floral or faunal resources are likely to be found within the subject property due to the long-
developed use of the subject property for park activities. According to the State Department
of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) there are
several state-listed species that could occur at or in the vicinity of the subject property
including the Hawaiian Hoary Bat(`Ope`ape`a), Hawaiian Duck(Koloa Maoli), Hawaiian
Coot (`Alae ke`oke`o), Hawaiian Goose (Nene), Hawaiian Sea Turtle (Honu), Hawaiian
Monk Seal (Ilio holo i ka), Hawaiian Hawk (`Io), Blackburn's Sphinx Moth, Hawksbill
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Sea Turtle,Hawaiian yellow-faced bee,Anchialine pool shrimp,Hawaiian Damselflies and
other seabirds. DOFAW provided recommendations to mitigate impacts on these species
and conditions of approval have been added to protect endangered, threatened, and
indigenous species.
Beach Protection: The subject property is adjacent to an existing public shoreline
that allows public use of three bays in the project area, including Ho`opuloa Bay, Miloli`i
Bay, and Omoka`a Bay. Shoreline features within the three bays include a black sand
beach at Ho`opuloa Bay; the broad, gently sloping lava flows extending into the sea
between Ho`opuloa Bay and Miloli`i Bay; and the shallow and exposed lava platform
reefs extending from Miloli`i Bay to Omoka`a Bay. In 2019 the Board of Land an Natural
Resources certified the shoreline for the subject property as delineated along the makai
edge of the existing seawalls that surround the subject property. The applicant is
proposing to remove structural elements from the minimum 40-foot shoreline setback and
locate the new structures further inland while still being located partially within the
minimum 40-foot shoreline setback. Since the proposed project will be located mauka of
the existing seawalls, the proposed improvements will not interfere with the natural
shoreline process in the area and will not negatively impact erosion.
Coastal Hazards: The subject property is designated as Zone X, Zone VE and
Zone AE on the Flood Insurance Rate Maps (FIRM). Most of the project will occur
within Flood Zone X, an area determined by FEMA to be outside the 500-year flood
plain. According to the University of Hawaii Sea Level Rise exposure area mapping
program SLR-Xa, the exposure area for 3.2 feet of sea level rise or 3.2 feet of passive
flooding is located along the shoreline. The entire parcel is located within the Tsunami
Evacuation Zone. There is a Civil Defense siren located on the subject property. The
facility upgrades and ADA improvements will be subject to the requirements of Chapter
27 —Flood Control, of the Hawai`i County Code in order to minimize the effects of
coastal hazards. In addition, all structures will be developed in conformance with
Uniform Building Code specifications. Based on the preceding, the project area is not
likely to be impacted by coastal hazards.
Based on the above information, the proposed development is consistent with the
objectives and policies of Chapter 205A, HRS.
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The proposed development is consistent with the County General Plan, Kona
Community Development Plan (CDP), Zoning Code, and other applicable
ordinances. The County of Hawai`i's General Plan Land Use Pattern Allocation Guide
(LUPAG) Map designation for the subject property is designated Open (ope)by the
General Plan LUPAG map. The Open LUPAG designation allows conservation lands,
forest and water reserves, natural and scientific preserves, and potential natural hazard
areas. The proposed project will also compliment the Historic Sites, Natural Beauty,
Natural Resources and Shoreline, Recreation and Economy goals and policies of the
General Plan. Additionally, the proposed project also conforms with the Zoning Code as
the zoning for the property is designated as Open, which allows for public parks as a
permitted use.
Lastly, the Kona Community Development Plan (KCDP) was adopted by the
Hawaii County Council by Ordinance No. 08-131 on September 25,2008. The project site
is located outside outside of the Kona Urban Area but within the area governed by the Plan.
The proposed recreational improvements are being developed in accordance with the
existing zoning. However, an SMA permit is required for this project. In reviewing SMA
permits, Kona CDP Public Safety Policies PUB-7.2c(ii) specifically states that park
facilities in remote areas such as Miloli`i shall be upgraded and maintained. Based on the
preceding, the proposed development is consistent with the General Plan, KCDP, and
Zoning Code.
The development will to the extent feasible, reasonably protect native
Hawaiian rights if they are found to exist. In view of the Hawaii State Supreme
Court's"PASH" and"Ka Pa'akai O Ka'Aina" decisions, the issue relative to native
Hawaiian rights, such as gathering and fishing rights, must be addressed in terms of the
cultural, historical, and natural resources and the associated traditional and customary
practices of the site.
Investigation of valued resources: An Archaeological Inventory Survey of the
subject property was completed by Haun & Associates in August 2022. A Cultural
Impact Analysis for the proposed facility upgrades and ADA improvements to the
Miloli`i Beach Park was not completed. The Applicant did however include in the
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application, a September 2006 Cultural Impact Assessment for the South Kona
Watershed Irrigation System Project and a February 2012 Cultural Impact Assessment
for the Miloli`i Community Enrichment and Historical Center in.
The valuable cultural, historical, and natural resources found in the area: The AIS
identified three (3) sites within the subject area. A request for review of the application
was sent to the State Historic Preservation Division (SHPD) as a part of this application
process. By letter dated July 15, 2022, the State Historic Preservation Division did not
recommend preservation of the three identified sites.
No professional flora or faunal surveys were conducted on the site as the property
has historically been used for recreational activities and it is unlikely that there are any
valued cultural, historical, and natural resources to be found in the subject area.
According to the State Department of Land and Natural Resources, Division of Forestry
and Wildlife (DOFAW)there are several state-listed species that could occur at or in the
vicinity of the subject property including the Hawaiian Hoary Bat(Ope`ape`a),
Hawaiian Duck(Koloa Maoli), Hawaiian Coot(Alae ke`oke`o), Hawaiian Goose
(Nene), Hawaiian Sea Turtle (Honu), Hawaiian Monk Seal (Ilio holo i ka), Hawaiian
Hawk(Io), Blackburn's Sphinx Moth, Hawksbill Sea Turtle, Hawaiian yellow-faced
bee, Anchialine pool shrimp, Hawaiian Damselflies and other seabirds.
Possible adverse effects or impairment of valued resources: While the proposed
project may have some effect on valued resources in the area, the proposed conditions of
approval of this permit should minimize impacts to natural and cultural resources and
protect native Hawaiian rights.
Feasible actions to protect native Hawaiian rights: As there is no evidence of any
valued cultural, historical, and/or natural resources found on the site, there is no action to
be taken. Conditions of approval have been added to protect endangered, threatened and
indigenous Hawaiian Hoary Bat(`Ope`ape`a), Hawaiian Goose (Nene), Hawaiian Hawk
(`Io) , Hawaiian Sea Turtle (Honu), Hawaiian Monk Seal (Ilio holo i ka), Blackburn's
Sphinx Moth, Hawksbill Sea Turtle, and other seabirds. A condition of approval will be
added for the protection of inadvertent finds should any remains of historic sites, such as
rock walls, terraces,platforms, marine shell concentrations or human burials be
encountered. The applicants will be required to cease work in the immediate area and
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contact SHPD. Subsequent work may proceed upon an archaeological clearance from
SHPD when it finds that sufficient mitigation measures have been taken.
Lastly, this recommendation for approval is made with the understanding that the
applicant remains responsible for complying with all other applicable government
requirements in connection with the approved use,prior to its commencement or
establishment upon the subject property. Additional governmental requirements may
include the issuance of building permits, the installation of approved wastewater disposal
systems, compliance with Fire Code, installation of improvements required by the
American with Disabilities Act(ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the above findings, the proposed development will not have substantial
adverse impacts on the environment, nor will its approval be contrary to the objectives and
policies of Chapter 205A,HRS, relating to Coastal Zone Management and Rule No. 9 of the
Planning Commission relating to the Special Management Area. Approval of this request is
subject to the following conditions:
1) The applicant(s), its successor(s), or assign(s) ("Applicant") shall be responsible for
complying with all stated conditions of approval.
2) The overall development shall conform substantially to the plans submitted and the
representations made by the Applicant and as described in the multi-permit application
dated January 25, 2023, any supplemental information, and any representations made to
the Leeward Planning Commission.
3) The applicant shall secure all necessary approvals and permits from other affected Federal,
State,and County agencies as necessary to comply with all applicable laws and regulations.
4) Construction of the proposed facility improvements shall be completed within five (5)
years from the effective date of this permit. Prior to commencing construction, Final Plan
Approval for the proposed development, as represented in the plans submitted with the
application, shall be secured from the Planning Department. Plans shall identify existing
and proposed structures, paved driveway access, lighting, parking, and public access
associated with the proposed use.
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5) The applicant shall implement the August 2020 IWS Assessment and Feasibility Study for
Miloli`i Beach Park recommendations for the routine pumping of the existing wastewater
system and providing a holding tank for the toilet waste and continued use of the individual
wastewater system for the sink water as shown in Appendix D of the Final Environmental
Assessment dated December 2022. The Applicant shall ensure that the existing wastewater
system be routinely pumped once every three months and additional monthly routine
pumping during high usage periods.
6) The Planning Department may require a shoreline survey certified by the Chair of the
Board of Land and Natural Resources for any future construction or activity.
7) The applicant shall comply with the Mitigation Measures and Regulatory Requirements
and Summary of Mitigation Measures and Project Commitments to Minimize Potential
Impacts of the Project located within the Final Environmental Assessment dated December
2022.
8) Artificial light from exterior lighting fixtures, including, but not necessarily limited to
floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be
prohibited if the light directly illuminates, or is directed to project across property
boundaries toward, the shoreline and ocean waters, except as may otherwise be permitted
pursuant to Section 205A-71(b), Hawaii Revised Statutes.
9) All development shall comply with Chapter 27,Flood Control of the Hawai`i County Code.
10) All earthwork and grading shall conform to Chapter 10,Erosion and Sedimentation Control
of the Hawaii County Code.
11) All development generated runoff shall be disposed of onsite and shall not be directed
toward any adjacent properties. A drainage study shall be prepared by a professional civil
engineer licensed in the State of Hawaii and submitted to the Department of Public Works
prior to issuance of Final Plan Approval. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of Public
Works prior to receipt of a Certificate of Occupancy for any portion of the development.
12) During construction,measures shall be taken to minimize the potential of both fugitive dust
and runoff sedimentation. Such measures shall be in compliance with construction industry
standards and practices utilized during construction projects of the State of Hawaii.
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13) The applicant shall comply with Chapter 11-55, Water Pollution Control, Hawaii
Administrative Rules, Department of Health, which requires an NPDES permit for certain
construction activities.
14) Should any drywells be installed, the applicant shall implement the best management
practices contained in the State Office of Planning's Low Impact Development-A
Practitioner's Guide, for storm water management to minimize the impact of the proposed
development on the existing area's hydrology while maintain on-site infiltration and
preventing polluted runoff from storm events.
15) In the event that surface or subsurface historic resources,including human skeletal remains,
structural remains(e.g.,rock walls,terraces,platforms, etc.), cultural deposits,marine shell
concentrations, sand deposits, or sink holes are identified during the demolition and/or
construction work, the Applicant shall cease work in the immediate vicinity of the find,
protect the find from additional disturbance and contact the State Historic Preservation
Division (SHPD) at (808) 933-7651. Subsequent work shall proceed upon an
archaeological clearance from SHPD when it finds that sufficient mitigation measures have
been taken.
16) The State endangered Hawaiian Monk Seal (Ilio holo i ka) could potentially occur or haul
out onshore within the vicinity of the proposed project site.If this species is detected within
100 feet of the project area all nearby construction operations should cease and not continue
until the monk seal has departed the area on its own accord.
17) To protect the endangered Blackburn's sphinx moth, the Applicant shall prevent
infestations of tree tobacco by removing the plants under three(3)feet tall. Where removal
of taller tree tobacco is necessary, the Applicant shall provide a faunal survey of the area,
conducted by a qualified biologist for review and approval to the U.S. Fish and Wildlife
Service prior to cutting or removal of vegetation from the property.
18) To protect any seabirds (Hawaiian petrels, Newell's shearwaters and band-rumped storm
petrel) in the vicinity of the property, any lighting shall be fully shielded so that the bulb
can only be seen from below bulb height. The lights shall be turned off when human
activity is not occurring in the lighted area.
19) An initial extension of time for the performance of conditions within this permit may be
granted by the Planning Director upon the following circumstances:
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A. The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the Applicant and that are not the result of their fault
or negligence.
B. Granting of the time extension would not be contrary to the General Plan or Zoning
Code.
C. Granting of the time extension would not be contrary to the original reasons for the
granting of this permit.
D. The time extension granted shall be for a period not to exceed the period originally
granted for performance (i.e., a condition to be performed within one year may be
extended for up to one additional year).
If the Applicant should require an additional extension of time, the Planning Department
shall submit the Applicant's request to the Planning Commission for appropriate action.
20) Should any of the foregoing conditions not be met or substantially complied with in a
timely fashion, the Planning Director may initiate procedures to revoke the permit.
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