HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SMA-2024-000051) RGrainger_SMA_Apri1_2024
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
SCOTT GRAINGER
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION
(PL-SMA-2024-000051)
SCOTT GRAINGER has submitted an application for a Special Management Area Use Permit
to demolish an existing single-family dwelling and construct a new single-family dwelling on a
14,000 square foot shoreline parcel within the Special Management Area. The subject property is
located on the makai side of Puak6 Beach Drive, approximately 2.7 miles southwest of its
intersection with Queen Ka`ahumanu Highway, Por. of Puak6 Beach Lots, Lalamilo, South
Kohala, Hawaii, TMK: (3) 6-9-006:016.
PROPOSED DEVELOPMENT
1. Request: Scott Grainger seeks a SMA Use Permit to demolish an existing single-family
dwelling and construct a new single-family dwelling on the project parcel located within
the Special Management Area (SMA). The property contains an 855 square foot single-
family dwelling originally constructed in 1955 and includes a 312 square foot carport.
The applicant proposes to demolish the existing dwelling and replace it with a new
single-family dwelling that complies with current building codes and meets the needs of
the applicant. The proposed dwelling will be a single-story, 2,400 square-foot dwelling
with two (2) bedrooms, two (2) bathrooms, one (1) half-bathroom, an office, kitchen,
living room and laundry. Additional development includes two (2) outdoor showers, and
a 182-square foot lanai. The project also includes a two-story detached garage with a 628
square foot living area (1 bedroom, 1 bathroom), and a 222 square foot lanai on the
second floor, and a 726 square foot two-car garage on the first floor. The applicant
intends to install a new advanced aerobic wastewater treatment unit in accordance with
Department of Health (DOH) regulations; potable water will be provided via an existing
Department of Waer Supply (DWS) water meter. The shoreline was certified for this
parcel on July 16, 2015, and is located at the makai face of the existing legally non-
conforming seawall. Staff notes that pursuant to Hawaii Revised Statutes (HRS) 205A-
42(a), when the shoreline is fixed by an artificial structure that has been approved, no
-1-
new shoreline certification is required. (Planning Department Exhibit 1 — SMA Use
Permit Application dated February 13, 2024)
2. Project Objectives: The purpose of the project is to construct a single-family residence
on the subject parcel for personal use.
3. Cost/Time of Project: The current estimated cost of the improvements is 51,500,000.
The project would be initiated after the granting of all necessary permits.
4. Landowner: Puako 136 LLC, Bellevue, WA
BACKGROUND INFORMATION
5. Special Management Area (SMA): No previous development that required SMA
permits or approvals has been conducted on this parcel. Staff notes the existing
development was constructed prior to SMA Laws.
6. Chapter 343, HRS: The proposed improvements are not subject to the requirements of
Chapter 343, Hawaii Revised Statutes, regarding Environmental Impact Statements.
STATE AND COUNTY PLANS
7. State Land Use Designation: Urban
8. General Plan LUPAG MAP: Low Density Urban(ldu)
9. County Zoning: Single-Family Residential, 10,000 square feet (RS-10)
10. South Kohala Community Development Plan (SKCDP): The South Kohala
Community Development Plan was adopted by the Hawaii County Council by
Ordinance No. 08-159 on December 1, 2008.
11. Special Management Area (SMA): The project is located within the Special
Management Area and therefore, the proposed development is subject to the SMA
review.
DESCRIPTION OF PROJECT AREAS AND SURROUNDING AREA
12. Subject Project Area: The 14,000 square foot subject property is relatively flat, as it has
been developed with a single-family dwelling and related improvements since 1955. The
property is located on the makai side of Puak6 Drive within the Puak6 Beach Lots
Subdivision. Vegetation of the property includes coconut palm, kiawe, naupaka, and
plumeria. Areca palm hedges border the east and north property boundaries. The property
is between six (6) and nine (9) feet above sea level with the makai property boundary
-2-
bounded by an existing legally non-conforming seawall structure.
13. Surrounding Land Zoning/Uses: The surrounding are ais primarily residential, with the
majority of the surrounding parcels within the RS-10 zoning designation. Immediately
makai of the subject parcel is a State-owned and Open-zoned parcel, however, the
majority of that parcel has eroded away and no longer exists in this area.
14. Soil Type: Soil on the property is made up of 70%pahoehoe lava flows and 30% Kiholo
soil (2klz4). This soil complex has 2-20% slopes, is well drained and is characteristic of
very high runoff potential.
15. Flood Insurance Rate Map (FIRM): The property is predominately within Flood Zone
X, or outside of the 500-year flood plan. A small portion of the shoreline is located within
Flood Zone VE (areas subject to a 1% annual chance of inundation by a 100-year flood
event with additional hazards associated with storm induced wave action). The proposed
development will be within Flood Zone X.
16. Sea Level Rise: According to the State of Hawaii Sea Level Rise Viewer (SLR-Xa), the
coastal portion of the subject parcel is within the 3.2 ft. Sea Level Rise Exposure Area
and the 3.2 ft. Passive Flooding area.
17. Flora/Fauna Resources: The applicant did not complete a "biotic" survey of the subject
parcel; however, they do not believe that any rare, threatened, or endangered floral or
faunal resources are likely to be found within the project parcel. Several trees and
ornamental (landscaping) plants are located on the property and includes coconut palm,
kiawe, naupaka, and plumeria. Hedges of Areca Palms are found along property
boundaries. All species located on the parcel are considered non-native or common native
species (i.e., naupaka), none of which require protection or preservation. The site is not
known to be a habitat for any rate or endangered faunal species; however, the Hawaiian
Hawk and Hawaiian Owl may be on site. Along the shoreline, and outside the property
boundaries the Hawaiian Green Sea Turtle, and Hawaiian Monk Seal that could be found
within the waters of Puak6, however, due to the lack of beach area, it is unlikely they
would frequent the area.
18. Archaeological Resources: Although no archaeological survey of the site was conducted
for this application, it is highly unlikely that any historic sites would be found as the
-3-
property has been completed graded and developed with a single-family residence and
related improvements since 1955. The Puak6 Petroglyph Park, which is an important
archaeological site in this area, is located approximately 0.5 miles from the subject
parcel. Archaeological sites also are found in the Paniau Beach area at the south end of
Puak6 Beach Drive. None of these sites will be impacted or altered by the proposed
project.
19. Cultural/Historic Resources: The shoreline area located adjacent to the subject parcel is
currently used for coastal gathering and fishing by native Hawaiians, however, use of the
project site itself for traditional and customary rights is unknown. The parcel has been
cleared, graded, and developed for over 60 years and therefore it would be unlikely that
the site would serve and traditional purpose or use. The proposed project will not
interfere, alter, or block shoreline access in this area and the applicant will ensure that
vegetation does not grow from the subject property into the shoreline area makai of the
parcel.
20. Scenic and Open Space Resources: The construction of a new single-family dwelling is
anticipated to have minimal impacts on scenic views. Both the existing and proposed
dwellings are primarily one (1) story with a maximum height of 15-feet. The new
dwelling will also incorporate a two-story garage on the northeast corner of the parcel,
with a maximum height of 22-feet. The proposed development is consistent with the
surrounding developed parcels which includes numerous 2-story dwelling structures.
Additionally, existing vegetation obstructs ocean views from Puak6 beach Drive, and
there are no views from the nearest public highway which is located over 3 miles from
the site. Open space resources are primarily the shoreline area makai of the project site,
this includes small beach areas, tidal pools, and the ocean which is utilized by both native
Hawaiians and the public.
21. Recreation/Public Access: A public pedestrian shoreline access pathway is located
approximately 130-feet south (west) of the project site and is part of the overall public
access pathways located throughout Puak6 Beach Road. According to the County's
Shoreline Access website, this coastline is used for hiking, swimming, fishing, kayaking,
and surfing. The existing shoreline public access located near the project site and the
-4-
lateral shoreline access located makai of the project site will not be impacted by the
proposed activities.
PUBLIC UTILITIES AND SERVICES
22. Access: An existing dirt driveway located on the southeast corner of the project site will
be abandoned, and a new concrete driveway to be aligned with the proposed garage will
be constructed. Access to the site is via Puak6 Beach Drive.
23. Water: Potable water is provided to the project site via an existing County of Hawaii
Department of Water Supply (DWS) water meter.
24. Wastewater: Wastewater from the proposed project will be handled through the
installation of a new advanced aerobic wastewater treatment unit.
25. Other Essential Utilities and Services: All other utilities including electrical, telephone
and cable services are available to the site.
AGENCIES' COMMENTS
26. Department of Public Works - Engineering: (Planning Department Exhibit 2 —
March 20, 2024, Memo).
27. State Department of Health: (Planning Department Exhibit 3 — February 16, 2024,
Memo).
28. Department of Environmental Management — Wastewater/Solid Waste: (Planning
Department Exhibit 4—March 7, 2024, Memo).
29. Department of Land and Natural Resources — Engineering: (Planning Department
Exhibit 5-March 21, 2024, Memo)
30. State Office of Planning and Sustainable Development (OPSD): (Planning
Department Exhibit 6—March 15, 2024, Letter).
AGENCIES -NO COMMENT
31. Department of Land and Natural Resources — Land Div.; Hawaii Police
Department.
AGENCIES -NO RESPONSE
32. Department of Water Supply (DWS); Fire Department.
-5-
PUBLIC COMMENTS
33. The Department has not received any comments or objections from the general public or
adjacent landowners on the subject application.
-6-
Zoho Sign Document ID:2A6681DB-UOCDDWG4780PEDKRSXK4UZ3AXWBQICEF2IACZHIBI28
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION
COUNTY OF HAWAII
PLANNING COMMISSION
(Type or legibly print the requested information)
APPLICANT(S): Scott Grainger
APPLICANT'S SIGNATURE: SCA DATE: Feb 13 2024 12:24 PST
ADDRESS: 69-1918 Puako Beach Drive, Kamuela, HI 96743
LIST APPLICANT'S INTEREST (if not owner): Manager of landowning entity
PHONE: (Bus.) (Res.) 206-650-7400 (Email) segdev(agmail.com
REQUEST: A Special Management Area Use Permit to demolish an existing single-family dwelling
and construct a new single-family dwelling
TAX MAP KEY: (3) 6-9-006:016 ZONING: RS-10
SIZE OF PROPERTY/ AREA OF REQUESTED USE: 14,000 sf 7,000sf
LANDOWNER(S): Puakol36 LLC
FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION
ay b�rovi d by letter with the below statement included):
DATE: Feb 13 2024 12:24
1'l l�T
DATE:
AGENT: Land Planning Hawaii LLC
AGENT ADDRESS: 194 Wiwoole St, Hilo, H196720
PHONE: (Bus.) 808-333-3393 (Res.) (Email) info&,landnlanninghawaii.com
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Agent COPIES: Applicant
Planning Dept.
Exhibit
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION
SCOTT GRAINGER
PUAKO, SOUTH KOHALA, HAWAII
TMK(3) 6-9-006: 016
TABLE OF CONTENTS
I. BACKGROUND INFORMATION ................................................................................4
A. EIS......................................................................................................................................4
B. Project Description, Objectives, and Reasons................................................................4
i. Project Objectives........................................................................................................... 9
ii. Project Components........................................................................................................ 9
C. Property Description ...................................................................................................... 15
D. Project Valuation............................................................................................................ 15
E. State/County Plans Affecting Request.......................................................................... 15
i. State Land Use.............................................................................................................. 15
ii. DLNR Conservation District........................................................................................ 15
iii. County General Plan..................................................................................................... 15
iv. South Kohala Community Development Plan.............................................................. 20
F. Special Management Area & HRS 205A Guidelines Discussion................................21
i. HRS 205A-2 Objectives ............................................................................................... 21
ii. HRS 205A-2 Policies.................................................................................................... 23
G. Surrounding Zoning and Land Uses.............................................................................29
H. Flood Insurance Rate Map.............................................................................................31
I. Archaeological Resources...............................................................................................31
J. Floral and Faunal Resources.........................................................................................31
K. Valued Cultural Resources............................................................................................34
L. Public Access ...................................................................................................................34
M. Description of Access......................................................................................................35
N. Traffic Impacts................................................................................................................35
O. Availability of Utilities....................................................................................................35
i. Water............................................................................................................................. 35
ii. Wastewater.................................................................................................................... 35
iii. Other Utilities................................................................................................................ 35
P. Potential Areas of Concern............................................................................................36
i. Coastal Hazards ............................................................................................................ 36
ii. Coastal Resources......................................................................................................... 36
II. ANTICIPATED IMPACTS...........................................................................................37
A. Environmental Setting....................................................................................................37
i. General Description...................................................................................................... 37
ii. Soils .............................................................................................................................. 37
iii. Flora and Fauna............................................................................................................. 37
2
iv. Volcanic and Earthquake Hazards................................................................................ 38
v. Flood/Drainage ............................................................................................................. 38
B. Relationship to Land Use Plans and Policies................................................................38
i. Special Management Area............................................................................................ 38
C. Probable Environmental Impacts .................................................................................38
D. Unavoidable Adverse Environmental Effects ..............................................................40
E. Alternatives to Proposed Action....................................................................................40
F. Irreversible and Irretrievable Commitment of Resources..........................................41
LIST OF FIGURES
Figure1: Location Map ...................................................................................................................5
Figure 2: Certified Shoreline Survey Map.......................................................................................6
Figure 3: Photo 1 of Certified Shoreline..........................................................................................7
Figure 4: Photo 2 of Certified Shoreline .........................................................................................8
Figure5: Existing Site Plan...........................................................................................................10
Figure6: Proposed Site Plan .........................................................................................................11
Figure 7: Dwelling Floor Plans......................................................................................................12
Figure8: Elevations 1 ....................................................................................................................13
Figure9: Elevations 2....................................................................................................................14
Figure 10: State Land Use Designation Map.................................................................................16
Figure11: LUPAG Map ................................................................................................................18
Figure12: County Zoning Map .....................................................................................................30
Figure13: FIRM Map....................................................................................................................33
Figure 14: 3.2-Foot Sea Level Rise Exposure Map.......................................................................33
Figure 15: Volcanic Hazards Map.................................................................................................39
3
I. BACKGROUND INFORMATION
A. EIS
The proposed project was evaluated with respect to Hawaii Revised Statutes Chapter
343-5 and no triggers were identified. Therefore, further environmental review should not
be required beyond what is detailed in this report.
B. Project Description, Objectives, and Reasons
Scott Grainger ("applicant") is requesting a Special Management Area Use Permit to
demolish an existing single-family dwelling and construct a new single-family residence
on a 14,000 square foot parcel located within the Special Management Area(SMA). The
subject property is located at 69-1918 Puak6 Beach Drive and is identified as TMK(3) 6-
9-006: 016. The site is located on the makai side of Puak6 Beach Drive, approximately
2.7 miles southwest along Puak6 Beach Drive from its intersection with Queen
Ka`ahumanu Highway and 2 miles southwest from the Puak6 Boat Ramp (Figure 1).
The property contains a single-family dwelling originally constructed in 1955. The
existing dwelling is approximately 855 square feet and contains two (2)bedrooms, one
(1) bathroom, and a 312 square foot carport. The applicant proposes to demolish the
existing dwelling and replace it with a new single-family residence that complies with
current building codes and better meets the applicant's needs. To the maximum extent
possible, the applicant intends to recycle materials from the original home and transport
to an appropriate recycling center to minimize debris contributed to the local landfill.
The project also involves installing a new advanced aerobic wastewater treatment unit
(ATU) to handle wastewater. Puak6 has been designated a Critical Wastewater Disposal
Area (CWDA) since 1990, indicating areas where wastewater disposal has or may pose
risks to human health or the environment due to hydrogeological conditions. Water
quality concerns in Puak6 stem from older homes with cesspools in close proximity to the
water table. While a sewer system is the ideal solution, installing an ATU on existing
properties offers an interim solution to significantly enhance wastewater treatment in the
area.
The subject property has a legal non-conforming seawall and CRM steps, which is the
certified shoreline, and an existing non-exclusive seawall easement(Easement 5-6049,
C.S.F. 25267 Doc No. A-52610693 (Figures 2-4).
This area of Puak6 is primarily developed with single-family residences. The proposed
new dwelling and associated improvements will be in keeping with the style and square
footage of many of the surrounding homes. As the requested improvements are located
entirely within the Special Management Area and the project valuation will exceed
$500,000, the applicant is submitting a Special Management Area Major Use Permit
application for review and approval by the Hawaii County Planning Department and
Leeward Planning Commission.
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PHOTOCWH NUMBER 1
DATE OF PHOTOGRAPHS: PROJECT NO.: 18255.4
March 19, 2015 . WES THOMAS ASSOCIATES TAX MAP KEY. 6-9-006:016
- Land Surveyors - (3RD DMSION)
TIME OF PHOTOGRAPHS: 75-5749 Kalawa Street
10:00 A M. Kailuo-Kona, Hawaii 96740-1817
IEL (806) 329-2353 FAX (808) 329-5334 &WL surveysdVahawaii.com
�+i 1 t•�
r
PHOTOGRAPH NUMBER 2
DATE OF PHOTOGRAPHS: PROJECT NO.: 18255.4
March 19, 2015 . W ES THOMAS ASSOCIATES TAX MAP KEY- 6-9-006:016
- Land Surveyors - (3RD DMSION)
T 75-5749 Kolawa Street
IME OF PHOTOGRAPHS:
10:00 A.M. Kailua-Kona, Hawaii 96740-1817
TEL. (808) 329-2353 FAX (808) 329-5334 EAWL surveysOwtahowaW com
i. Project Objectives
The applicant wishes to demolish the existing dwelling on the subject property and
replace it with a new single-family residence and associated improvements to meet
the applicant's needs. The new dwelling will be constructed to current Building Code
standards and be in alignment with all County Zoning regulations. Additionally, a
new advanced aerobic wastewater treatment unit will be installed to improve
wastewater treatment on site. All material that can be recycled will be identified,
separated, and transported to an appropriate recycling center to minimize debris
contributed to the local landfill.
ii. Project Components
The project involves the demolition of an existing aged single-family dwelling on the
subject property and the construction of a new single-family residence. Figures 5-9
show the site plan of the existing residence, the proposed site plan, floor plans, and
elevations.
The proposed residence is a single-story, 2,400-square-foot single-family home
featuring two (2)bedrooms, two (2) full bathrooms, one (1)half bath, an office,
kitchen, living room, and a laundry room. Additional features include two (2) outdoor
showers, measuring 70 and 28 square feet respectively, and a 182-square-foot lanai.
The project also includes a two-story detached garage with a bedroom on the second
floor. The lower level of the garage would cover an area of 726 square feet,
accommodating two (2) cars, while the upper level would be 628 square feet,
encompassing one (1)bedroom, one (1) full bathroom, a sitting room, and a 222-
square-foot lanai. The single-family residence would therefore contain a total of three
(3) bedrooms, three (3) full bathrooms and one (1) half bath.
A new advanced aerobic wastewater treatment unit(ATU) will be installed on the
property following permitting requirements of the Department of Health. Access to
the property will be from Puako Beach Drive, a County owned and maintained
roadway via a proposed concrete driveway on the northeast corner of the site.
Regarding the shoreline/coastal public access, there is an established public shoreline
access point approximately 130 feet to the southwest. This access will remain
unaffected by this project. As the subject property has already contained a single-
family dwelling for several decades, the site is already served by all required utilities.
Additionally, the project would provide economic opportunities by creating short-
term construction work associated with building the new dwelling and related
infrastructure.
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By demolishing the existing dwelling and constructing a new single-family dwelling
according to current building codes and with an advanced aerobic wastewater
treatment unit, this project seeks to bring the property and its improvements into
compliance with current building regulations, establish best practices for
environmental protection, and to meet the applicant's needs.
C. Property Description
The subject property, consisting of 14,000 square feet, is located on the makai side of
Puak6 Beach Drive within the Puak6 Beach Lots in South Kohala. It is approximately 2.7
miles southwest along Puak6 Beach Drive from its intersection with Queen Ka`ahumanu
Highway and 2 miles southwest from the Puak6 Boat Ramp. According to Real Property
Tax records, the existing dwelling on the property was originally constructed in 1955 and
includes two (2) bedrooms and one (1) bathroom.
Vegetation on the property includes coconut palm (Cocos nucifera),kiawe (Prosopis
pallida), naupaka (Scaevola taccada), and plumeria(Plumeria alba). Areca palm (Dypsis
lutescens)hedges also found along the east and north borders of the site. The subject
property is between six (6) and nine (9) feet above sea level.
D. Project Valuation
The applicant hopes to secure County SMA Permit approval as soon as possible and
begin the Building Permit process immediately thereafter. Demolition and construction
are anticipated to take approximately 24 months. Cost estimates for the project are
approximately $1,500,000.
E. State/County Plans Affecting Request
i. State Land Use
The State Land Use Designation of the subject property is Urban (Figure 10). The
proposed action to demolish and reconstruct a single-family dwelling and associated
improvements is consistent with this designation and will not be contrary to the
objectives sought to be accomplished by State Land Use Laws and Regulations.
ii. DLNR Conservation District
The property is located outside of the Department of Land and Natural Resources
Conservation District.
iii. County General Plan
The General Plan provides for the long-range comprehensive development of the island
of Hawaii. It provides direction for balanced growth in the County.
15
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The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map
designates the site as Low Density Urban (Figure 11). This designation is intended for
residential, with ancillary community and public uses, and neighborhood and
convenience-type commercial uses with an allowable overall residential density of up to
six units per acre. Thus, the subject request is in keeping with the Low-Density Urban
designation of the property. Further, the proposed action will retain the essential character
of the land and will be consistent with the surrounding area and with the goals,policies,
and standards of the General Plan.
The proposed demolition and reconstruction of one (1) single-family residence and
associated improvements would provide temporary employment for local construction
workers and would support the economy through the purchase of construction materials
from on-island suppliers. This will stimulate and support the general economic stability
and development of Hawaii Island by allowing for local businesses to thrive and gain
income from the proposed project. In the long-term, the newly constructed single-family
residence will bring in additional property taxes, adding revenues to the County coffers.
The project is and will be energy conscious through its use and/or encouragement of
solar energy and design features that take advantage of the sun and wind patterns.
The proposed development would not provide adverse effects on the environment or the
natural resources of the region. The General Plan identifies five (5) areas of
environmental concerns - air pollution, water quality, soil pollution, solid waste disposal,
and noise pollution. As proposed, the project would not be contrary to any of those
objectives.
The demolition of the existing single-family residence will be done in accordance with
BMPs to ensure that air pollution, sedimentation, and erosion potential associated with
the demolition remains minimal.
Solid waste will be minimized by recycling as much material as possible to minimize
debris contributed to the landfill. The project will involve the installation of a new
advanced aerobic wastewater treatment unit to handle all wastewater generated on site.
Installation of the new advanced treatment unit will mitigate potential water quality,
coastal ecosystems, and soil impacts due to wastewater.
As the project proposes to replace the existing single-family residence with a new single-
family residence, the long-term solid waste impact will remain consistent with its current
use with little potential for waste management issues or noxious wastes from the
continued residential use.
There should be little, if any, increase to the ambient noise levels as the proposed request
does not increase density nor does it change or affect the permitted use. The activities
would remain residential in nature.
With regards to flooding, the property is predominantly within Flood Zone X, or outside
the 500-year floodplain.
17
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A small portion of the shoreline is located within Flood Zone VE(areas subject to a 1%
annual chance of inundation by a 100-year flood event with additional hazards associated
with storm induced wave action). However, the proposed new dwelling will be
constructed entirely within Flood Zone X and outside the 3.2-foot sea level rise exposure
area.
Concerning historic sites, while there hasn't been a formal archaeological survey, it's
improbable that any historical sites would be discovered on the property. The current
residence isn't registered on any historical records, and the land has been developed for
many years. If the State Historic Preservation Division (SHPD) mandates studies on the
residence before demolition, the applicant will carry them out. In the event any
archaeological or historical features are found during any earth disturbance activity, work
will stop within the affected area and appropriate clearances from the State DLNR-SHPD
and County Planning Department will be secured before work resumes. If needed, an
archaeological monitoring program can be instituted during any land clearing activity.
The General Plan also emphasizes that developments be mindful of an area's natural
beauty. In this situation, the site will be developed in a manner that is consistent with the
neighboring residences. Impacts to scenic resources are not expected to be pronounced.
The proposed residence would replace an existing home that was built decades ago and
already blocks ocean views from Puako Beach Drive. The maximum heights of the
proposed one-story dwelling and 2-story garage is fifteen (15) feet and twenty-two (22)
feet respectively. Since the 2-story garage is limited to the northeastern corner of the site,
the view impacts will be minimal and not out of character from other 2-story residences
in the area.
The proposed new dwelling would improve coastal resource concerns by installing an
advanced treatment unit for wastewater. Since the elevation of the property is less than 10
feet above sea level, a standard Individual Wastewater System does not sufficiently
protect coastal resources. The proposed single-family residence is located outside the 40-
foot shoreline setback area. No improvements are proposed within the 40-foot shoreline
setback area and no staging of materials or heavy machinery will be allowed in the
shoreline setback area. The project would therefore enhance long-term coastal resource
protection on site compared to maintaining the property and dwelling in its current state.
In addition, a pedestrian access approximately 130 feet to the southwest of the property
ensures access to the coastline will be preserved.
In addition, since there is no increase in density or change in permitted use, there will be
no significant impact to public utilities or government services and infrastructure.
Given the above, the project specifically fulfills the following pertinent land use goals,
policies, and standards of the General Plan:
• Designate and allocate land uses in apps opriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
19
• Promote and encourage the rehabilitation and use of urban areas that are
serviced by basic community facilities and utilities.
• Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
• Encourage urban development within existing zoned areas already served by
basic infrastructure, or close to such areas, instead of scattered development.
In view of the foregoing goals and policies, it is noted that the requested Special
Management Area Use Permit would not be contrary to the County General Plan. The
proposed development will complement the goals,policies, and standards of the Land
Use Elements of the General Plan. The proposed new single-family residence and
associated improvements will replace the existing single-family residence, thus
maintaining the housing inventory for the district. The project will be designed and
constructed in conformance with the character of the surrounding neighborhood and will
result in an intensity of land use that is no higher than what currently exists and what is
permitted by the existing zoning.
iv. South Kohala Community Development Plan
Section 15.1 of the County General Plan called for the development and eventual County
Council adoption of Community Development Plans (CDPs). The General Plan states
that the CDP "will translate the broad General Plan statements to specific actions as they
apply to specific geographical areas." The General Plan also notes that should the CDP
require a General Plan amendment, it could be considered concurrent with the adoption
of the CDP. However, "If there is a direct conflict between the Community Development
Plan and the General Plan, the General Plan shall be controlling."
Pursuant to the above, the South Kohala CDP (SKCPD) was developed and adopted by
the County Council in November of 2008 as Ordinance No. 08 159. The subject property
is located within the Puako Community as identified in the SKCDP. The requested
project aligns with the following policies of the Puako Community Plan as outline in the
SKCPD:
Puako Policy 1. Manage the effects of growth and development: The County Government
shall work closely with the Puako Community to manage the effects of growth and
development in a responsible manner.
Discussion: The subject project proposes to demolish an aged existing single-family
residence and replace it with a new single-family residence and associated improvements
that will remain in keeping with the surrounding area. Thus, this request will not result in
any change to the area's character or increase in density. Additionally, the proposed new
single-family residence will be built in accordance with current County Codes and
Building Codes. Thus, this new development will be done in a cohesive and responsible
manner and improve upon the overall safety of the property.
20
Puako Policy 3. Environmental Stewardship: The County Government and the Puako
Community shall work with other State and Federal agencies to protect and manage the
rich coastal and near shore marine environment.
Discussion: The proposed project will include an advanced aerobic wastewater treatment
unit approved by the Department of Health. This will reduce the potential for wastewater
impacts to the environment. The Department of Health classifies the nearshore waters
fronting Puako as class AA waters. Per Hawaii Administrative Rules 11-54, it is the
objective of class AA waters that these waters remain in their natural pristine state as
nearly as possible with an absolute minimum ofpollution or alteration of water quality
from any human-caused source or actions. The proposed upgrade of the wastewater
treatment system on the property to the current highest level possible in an individual
wastewater system will support the preservation of nearshore water quality. The
demolition of the existing single-family residence will be done in accordance with BMPs
to ensure that air pollution, sedimentation, and erosion potential associated with the
demolition remains minimal.
F. Special Management Area & HRS 205A Guidelines Discussion
i. HRS 205A-2 Objectives
(1)(A)Provide coastal recreational opportunities accessible to the public.
The proposed project will not impede on coastal recreational opportunities. A public
shoreline accessway is located approximately 130 feet to the southwest of the subject site.
The proposed action will not impact or change this accessway. Lateral shoreline access
will not be affected by the project. All demolition and construction activities will be done
outside the 40-foot shoreline setback area and behind an existing seawall. No staging of
materials or heavy machinery will be allowed in the shoreline setback area. Thus, the
project will not inhibit any coastal recreational opportunities accessible to the public.
(2)(A)Protect,preserve, and, where desirable, restore those natural and manmade
historic and prehistoric resources in the coastal zone management area that are
significant in Hawaiian and American history and culture.
There are no known historic or prehistoric resources on the subject property. All new
construction will occur outside of the shoreline setback area. Public access to the
southwest of the site will not be affected, ensuring safe access to the shoreline.
(3)(A)Protect,preserve, and where desirable, restore or improve the quality of coastal
scenic and open space resources.
The construction of a new single-family residence is anticipated to have minimal impacts
on scenic views. Both the existing and proposed dwellings are primarily one-story with a
maximum height of fifteen (15) feet. The new residence will also incorporate a two-story
garage on the northeastern corner of the site with a maximum height of twenty-two (22)
21
feet. However, this addition is localized and limited and is not out of character from other
2-story residences in the area. Existing vegetation obstructs ocean views from the street.
The design of the new single-family residence is also consistent with other dwellings in
the area. Overall, view impacts won't change substantially under the proposed action.
(4)(A)Protect valuable coastal ecosystems, including reefs, beaches, and coastal dunes,
from disruption and minimize adverse impacts on all coastal ecosystems.
The proposed development will be constructed in accordance with construction and
demolition Best Management Practices to minimize adverse impacts to air pollution,
sedimentation, and erosion, control stormwater runoff, and wastewater management. An
advanced aerobic wastewater unit approved by the Department of Health will be
installed, which will further minimize any potential coastal water quality impacts. No
new construction is proposed within the shoreline setback area and no staging of
materials or heavy machinery will be allowed in the shoreline setback area.
(5)(A)Provide public or private facilities and improvements important to the State's
economy in suitable locations.
The proposed development would provide temporary employment for local construction
workers and would support the local economy through the purchase of local construction
materials. Overall, the project would stimulate and support the general economic stability
and development of the County.
(6)(A)Reduce hazard to life and property from coastal hazards.
The subject property lies between six (6) and nine (9) feet above sea level and within the
tsunami evacuation zone. A Civil Defense siren is located approximately 0.2 miles to the
north of the subject property. The proposed dwelling will be located within Flood Zone X
and outside the 3.2-foot sea level rise exposure area.
(7)(A)Improve the development review process, communication, and public
participation in the management of coastal resources and hazards.
(8)(A)Stimulate public awareness, education, and participation in coastal
management.
The public participation policies relate to promoting public involvement and
dissemination of information with respect to coastal zone management. These are
managing authority related policies and are not applicable to this application. However,
the public will be able to participate in the proposed project during the Leeward Planning
Commission public meetings and testimony process to voice support and/or concerns.
(9)(A)Protect beaches and coastal dunes for:
(i)Public use and recreation;
(ii) The benefit of coastal ecosystems; and
(iii) Use as natural buffers against coastal hazards; and
22
The shoreline on the property has already been hardened by an existing legal
nonconforming seawall. No improvements are proposed within the shoreline setback and
the existing seawall will not be altered. Vegetation on the property will be maintained
and will not encroach onto public roadways or beyond the existing sea wall. The
proposed new dwelling would install an ATU, which will contribute to enhanced coastal
resource protection from wastewater pollution.
(9)(B) Coordinate and fund beach management and protection.
As this is a managing authority related policy, it is not applicable.
(10)(A)Promote the protection, use, and development of marine and coastal resources
to assure their sustainability.
The proposed project will strictly follow demolition and construction Best Management
Practices, control stormwater runoff, and improve wastewater management to prevent
impact to coastal resources from point and nonpoint pollution sources. No development is
proposed within the 40-foot shoreline setback and public access will remain open and
unaffected.
ii. HRS 205A-2 Policies
(1)(A)Improve coordination and funding of coastal recreational planning and
management.
As this is a managing authority related policy, it is not applicable.
(1)(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 restoration of coastal resources that have significant recreational
and ecosystem value, including but not limited to coral reefs, surfing sites,
fishponds, sand beaches, and coastal dunes, when these resources will be
unavoidably damaged by development, or requiring monetary compensation to the
State for recreation when restoration 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 suitable for public recreation;
(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;
23
(vi)Adopting water quality standards and regulating point and nonpoint sources of
pollution to protect, and where feasible, restore the recreational value of coastal
waters;
(vii)Developing new shoreline recreational opportunities, where appropriate, such
as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing;
and
(viii)Encouraging reasonable dedication of shoreline 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 that dedication against the requirements of section 46-6,
The recreational resources policies pertain to improving coordination and funding of
coastal recreational planning and management and providing adequate, accessible, and
diverse recreational opportunities in the coastal zone management area. As these are
managing authority related policies, they are not applicable to this application. However,
stewardship of the property will help prevent overgrowth of vegetation from encroaching
onto shoreline open space.
(2)(A)Identify and analyze significant archaeological resources;
(2)(B)Maximize information retention through preservation of remains and artifacts
or salvage operations; and
(2)(C)Support state goals for protection, restoration, interpretation, and display of
historic resources;
The historic resource policies pertain to identifying, analyzing,preserving, and protecting
historic resources. As there appear to be no historic sites on the property, this policy does
not apply. Puako Petroglyph Park is an important archaeological site located roughly 0.5
miles south of the subject property. Archaeological sites also exist in the Paniau Beach
area at the south end of Puako Beach Drive, roughly 0.25 miles south. These sites will
not be impacted by the project. In the event any undiscovered historical, archaeological,
or cultural resources are identified on the property, work will cease in the immediate area
and the Department of Land and Natural Resources, State Historic Preservation Division
will be contacted for appropriate action.
(3)(A)Identify valued scenic resources in the coastal zone management area;
(3)(B)Ensure that new developments are compatible with their visual environment by
designing and locating those developments to minimize the alteration of natural
landforms and existing public views to and along the shoreline,
(3)(C)Preserve, maintain, and, where desirable, improve and restore shoreline open
space and scenic resources; and
(3)(D)Encourage those developments that are not coastal dependent to locate in inland
areas;
The proposed new single-family dwelling will be built to replace the existing single-
family dwelling and will remain compatible with the visual environment of the
neighborhood. The maximum building height of the proposed dwelling is fifteen (15)
24
feet, and the 2-story garage is twenty-two (22) feet. Since the 2-story component of the
project is localized and limited, views from nearby properties and roads will not change
significantly. Again, no new development is proposed within the shoreline setback area
and so the shoreline open space will be preserved. The existing CRM wall and steps are
legal and allowed by the existing easement agreement with the state. Stewardship of the
property will help prevent overgrowth of vegetation onto shoreline open space.
(4)(A)Exercise an overall conservation ethic, and practice stewardship in the
protection, use, and development of marine and coastal resources;
Relative to coastal ecosystems, there should be little, if any, adverse impacts. As noted
earlier, the development proposes to install an advanced aerobic wastewater unit
approved by the Department of Health to minimize coastal water quality impacts.
Further,by utilizing a previously disturbed site,potential adverse impacts to natural
landscapes and ecosystems on alternative locations are avoided. All material that can be
recycled from the existing residence will be identified, separated, and transported to an
appropriate recycling center to minimize debris contributed to the local landfill. No
staging of materials or heavy machinery will be allowed in the shoreline setback area.
(4)(B)Improve the technical basis for natural resource management;
As this is a managing authority related policy, it is not applicable.
(4)(C)Preserve valuable coastal ecosystems of significant biological or economic
importance, including reefs, beaches, and dunes;
No development is proposed within the 40-foot shoreline setback and no staging of
materials or heavy machinery will be allowed in the shoreline setback area. This will
protect sensitive biological ecosystems including reefs,beaches, and dunes. The proposed
advanced aerobic wastewater treatment unit will significantly minimize the possibility of
impacts to water quality from wastewater.
(4)(D)Minimize disruption or degradation of coastal water ecosystems by effective
regulation of stream diversions, channelization, and similar land and water uses,
recognizing competing water needs; and
The planned development proposes no stream diversions, channelization or similar
drainage or water use components.
(4)(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 quality through the development and implementation of point and nonpoint
source water pollution control measures;
25
Demolition and construction Best Management Practices will prevent stormwater runoff
from impacting water quality and will further mitigate any coastal ecosystem impacts
from point and nonpoint source water pollution.
(5)(A) Concentrate coastal dependent development in appropriate areas;
As this is a managing authority related policy, it is not applicable.
(5)(B)Ensure that coastal dependent development and coastal related development are
located, designed, and constructed to minimize exposure to coastal hazards and adverse
social, visual, and environmental impacts in the coastal zone management area; and
The proposed project is planned, with appropriate mitigation measures, to minimize
potential adverse social, visual, and environmental impacts. Any effect that may result
will be minimized to the extent practicable and is clearly outweighed by public health,
safety and welfare, and other compelling public interests.
(S)(C)Direct the location and expansion of coastal development to areas designated
and used for that development and permit reasonable long-term growth at those areas,
and permit coastal development outside of designated areas when:
(i) Use of designated locations is not feasible;
(ii)Adverse environmental effects and risks from coastal hazards are
minimized, and
(iii) The development is important to the State's economy;
As the subject site already contains a single-family dwelling, it is an appropriate area for
such a continued use.
(6)(A)Develop and communicate adequate information about the risks of coastal
hazards;
As this is a managing authority related policy, it is not applicable.
(6)(B) Control development, including planning and zoning control, in areas subject to
coastal hazards;
(6)(C)Ensure that developments comply with requirements of the National Flood
Insurance Program; and
The applicant will comply with all requirements of the Federal Flood Insurance Program
and Chapter 27 Floodplain Management. All proposed demolition and development are
planned to be located within Flood Zone X according to FEMA FIRM.
(6)(D) Prevent eoastal flooding from inland projects;
26
The project will dispose of all runoff generated by project improvements on site by
approved means. Thus, although the proposed project is proximate to coastal hazard
zones, the proposed design will mitigate potential impacts from coastal hazards.
(7)(A) Use, implement, and enforce existing law effectively to the maximum extent
possible in managing present and future coastal zone development,
(7)(B) Facilitate timely processing of applications for developmentpermits and resolve
overlapping or conflicting permit requirements; and
(7)(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;
The managing development policies relate to use, implementation and enforcement of
laws,processing of applications for development permits and communication of coastal
development impacts to the public. As these are managing authority related policies, they
are not applicable.
(8)(A)Promote public involvement in coastal zone management processes;
(8)(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
(8)(C) Organize workshops,policy dialogues, and site-specific mediations to respond to
coastal issues and conflicts;
The public participation policies relate to promoting public involvement and
dissemination of information with respect to coastal zone management. These are
managing authority related policies and are not applicable to this application. The public
will be able to participate in the proposed project during the Planning Commission public
meetings and testimony process to voice support and/or concerns.
(9)(A)Locate new structures inland from the shoreline setback to conserve open space,
minimize interference with natural shoreline processes, and minimize loss of
improvements due to erosion;
(9)(B)Prohibit construction ofprivate shoreline hardening structures, including
seawalls and revetments, at sites having sand beaches and at sites where shoreline
hardening structures interfere with existing recreational and waterline activities;
(9)(C)Minimize the construction ofpublic shoreline hardening structures, including
seawalls and revetments, at sites having sand beaches and at sites where shoreline
hardening structures interfere with existing recreational and waterline activities;
The proposed project seeks to demolish and remove the existing single-family dwelling
and construct a new single-family residence according to current building codes. This
action will comply with shoreline setback regulations and minimize interference with
27
natural shoreline processes. The legal non-conforming seawall will not be altered under
the proposed action.
(9)(D)Minimize grading of and damage to coastal dunes;
The shoreline on the property has already been hardened by an existing seawall and no
demolition or improvements are proposed within the shoreline setback. There are no
coastal dunes on or near the subject property.
(9)(E)Prohibit private property owners from creating a public nuisance by inducing or
cultivating the private property owner's vegetation in a beach transit corridor, and
(9)(F)Prohibitprivate 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 landscaped vegetation on the subject property will be maintained and will not
encroach upon or disrupt public shoreline access.
(10)(A) Ensure that the use and development of marine and coastal resources are
ecologically and environmentally sound and economically beneficial,
(10)(B) Coordinate the management of marine and coastal resources and activities to
improve effectiveness and efficiency,
(10)(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,
(10)(D)Promote research, study, and understanding of ocean and coastal processes,
impacts of climate change and sea level rise, marine life, and other ocean resources to
acquire and inventory information necessary to understand how coastal development
activities relate to and impact ocean and coastal resources; and
(10)(E)Encourage research and development of new, innovative technologies for
exploring, using, or protecting marine and coastal resources.
The marine resources policies relate to the development of marine and coastal resources,
coordination of marine and coastal resources activities, forging State partnerships,
promoting research of ocean and coastal processes, and encouraging new technologies for
exploring, using, and protecting marine and coastal resources. These are managing
authority related policies and are not applicable to this application.
Based on the foregoing, it is concluded that the proposed improvements are consistent
with the objectives,policies and guidelines of the Special Management Area Rules and
Regulations. Specifically:
A. The proposed project will not have any substantial, adverse environmental or
ecological effect. Rather the proposed project seeks to ensure the property and
new dwelling comply with current building codes and improved wastewater
system needs. All material that can be recycled from the existing residence will be
28
identified, separated, and transported to an appropriate recycling center to
minimize debris contributed to the local landfill.
Any effect that may result from the demolition and reconstruction of the new
dwelling will be minimized to the extent practicable and will be outweighed by
the compelling public health and environmental benefits the project presents.
The proposed improvements will not generate any adverse effects by themselves
or in conjunction with other individual developments. The proposed
improvements will also not pose a potential cumulative impact which would
result in a substantial adverse environmental or ecological effect or the
elimination of planning options. Appropriate mitigative measures will be taken to
address any potential short-term impacts of this project.
The project aims to reduce long-term impacts by installing a new ATU, which is
more suitable for the low-lying area compared to a standard IWS.
B. The proposed activities - as discussed earlier- are consistent with the objectives,
policies, and guidelines of the SMA Rules and Regulations; and
C. The proposed activities are consistent with the County General Plan and County
Zoning Code.
G. Surrounding Zoning and Land Uses
The surrounding area is primarily residential in nature and consistent with the proposed
continued residential use of the property.
Immediately makai of the subject property is a State-owned and Open-zoned 50.5-acre
parcel which stretches along the makai side of the subject site and the neighboring makai
Puako Beach Drive properties. This rocky coastline consists of small white sand beaches
and extensive tidal pools popular with residents. Otherwise, the subject site and
surrounding properties are zoned RS-10 and developed with single-family dwellings
(Figure 12). These properties range in size from approximately 10,000 to 20,000 square
feet. The newly proposed dwelling and associated improvements will be designed and
constructed in a manner that is in keeping with the neighborhood.
A 15-foot-wide public pedestrian beach access route is located approximately 130 feet to
the southwest of the subject property. The proposed project will not interfere with this
beach access. The existing CRM wall footings and steps are legal and allowed by the
existing easement agreement with the state. Additionally, as the project seeks to replace
the existing single-family dwelling with a new single-family dwelling, no changes in use
or density are proposed and thus traffic should remain at a residential level and hence not
any different than what exists today. As such, the proposed project should not create a
significant impact to surrounding areas.
29
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The subject property is predominantly within Flood Zone X (areas outside of the 500-
year floodplain). A small portion of the shoreline is located within Flood Zone VE (areas
subject to 1% annual chance of inundation by a 100-year flood event with additional
hazards associated with storm induced wave action) (Figure 13). Occupied structures are
planned to be located within Flood Zone X and outside the 3.2-foot sea level rise
exposure area (Figure 14). Additionally, the subject property lies between six (6) and
nine (9) feet above sea level and within the tsunami evacuation zone. A Civil Defense
Siren is located approximately 0.2 miles to the north of the subject property.
B. Archaeological Resources
Although no commissioned archaeological survey of the site was conducted it is highly
unlikely that any historic sites would be found on the property as the parcel has been
developed and used residentially for many years. The current residence isn't registered on
any historical records, and the land has been developed for many years. If the State
Historic Preservation Division (SHPD) mandates studies on the residence before
demolition, the applicant will carry them out.
Puak6 Petroglyph Park is an important archaeological site located roughly 0.5 miles
south of the subject property. Archaeological sites also exist in the Pamau Beach area at
the south end of Puak6 Beach Drive,roughly 0.25 miles south. These sites will not be
impacted by the project.
In the event any archaeological or historical features are found during any earth
disturbance activity on the subject property, work will stop within the affected area and
appropriate clearances from the State DLNR-SHPD and County Planning Department
will be secured before work resumes.
C. Floral and Faunal Resources
Although a biotic survey was not conducted for the subject property, the applicant does
not believe that any rare or endangered floral or faunal resources are likely to be found on
the site. The parcel has been developed for residential use for many years and no such
species have been observed.
Several trees and ornamental plants are located on the property and include coconut palm
(Cocos nucifera), kiawe (Prosopis pallida), naupaka (Scaevola taccada) and plumeria
(Plumeria alba). Hedges of Areca Palms (Dypsis lutescens) are also found along the
property boundaries. These species are all non-native or common native species that are
common to the area.
31
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The site is not known to be a habitat for any rare or endangered animal life. It would be
possible, though unlikely, to find the Hawaiian Hawk(I'o) (Buteo solitarius) and
Hawaiian owl (Asio flammeus sandwichensis) in the surrounding area. However, the
residential nature of the area would make it less likely to find other terrestrial protected or
endangered animal life.
The Hawaiian Green Sea Turtle (Chelonia mydas) and Hawaiian Monk Seal (Monachus
schauinslandi) are both endangered marine creatures that could be found in the coastal
waters of Puako. No adverse effects are anticipated on these aquatic species, since the
property is protected by a legal seawall, and the project will prohibit any construction,
material staging, or use of heavy machinery within the 40-foot shoreline setback zone.
If any endangered fauna is spotted during the demolition or construction phases, the
Department of Land and Natural Resources, Department of Forestry and Wildlife will be
contacted immediately for appropriate action.
D. Valued Cultural Resources
The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina"
decisions require decision-makers to consider a project's impact to native Hawaiian
gathering and fishing rights. Specifically, there must be a discussion of the cultural,
historical, and natural resources and associated traditional and customary practices of this
site and the impact of this project to these resources and practices.
Public shoreline access is available approximately 130 feet to the southwest of the site.
No changes will be made to this access or lateral access along the shoreline fronting the
property. The applicant will maintain all vegetation on site and will prevent overgrowth
onto shoreline access areas.
The shoreline adjacent to the subject property is currently used for coastal gathering and
fishing by native Hawaiians. These activities will not be impacted by the proposed
project. Use of the site itself for traditional and customary rights is not known. The parcel
has been residentially developed for many years therefore it would appear very unlikely
that the site would serve such purpose today and/or in the recent past. Thus, the project
does not appear to present any cultural impacts. However, in the event documented
claims of gathering or access are made of this site the applicant will honor them.
E. Public Access
A public pedestrian access route to the shoreline is located approximately 130 feet to the
southwest of the subject site. This is one of twelve separate accesses along Puako Beach
Drive to this coastal area which contains small, white sand beaches and extensive tidal
pools. According to the County's Shoreline Access website, this coastline is used for
hiking, swimming, fishing (with restrictions), kayaking and surfing. The shoreline public
access adjacent to the property will not be affected by this project.
34
F. Description of Access
Assess to the property will remain from Puako Beach Drive, approximately 2.7 miles
southwest from its intersection with Queen Ka`ahumanu Highway and 2 miles southwest
from the Puako Boat Ramp. Puako Beach Drive is a County owned and maintained
roadway with an average pavement width of 20 feet.
An existing dirt driveway is present on the southeast corner of the site. A new concrete
driveway is proposed in alignment with the proposed detached garage. An existing fire
hydrant in this location has been relocated by the County. The proposed driveway will
comply with Hawaii County Code and will be subject to approval by the Department of
Public Works.
G. Traffic Impacts
As the project seeks to replace the existing single-family dwelling with a new single-
family dwelling, no changes in land use or density are proposed and thus traffic should
remain at a residential level and hence not any different than what exists today.
H. Availability of Utilities
i. Water
The property is already serviced by the Department of Water Supply via an existing water
meter. The proposed new single-family dwelling will continue to utilize this water meter.
ii. Wastewater
The existing cesspool on site will be closed and replaced with a Department of Health
approved aerobic advanced wastewater treatment unit. Installation of the new advanced
treatment unit will mitigate potential impacts to water quality, coastal ecosystems, and
soil due to wastewater. The Department of Health classifies the nearshore waters fronting
Puako as class AA waters. Per Hawaii Administrative Rules 11-54, it is the objective of
class AA waters that 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 actions. The proposed upgrade of the wastewater treatment
system on the property to the current highest level possible in an individual wastewater
system will support the preservation of nearshore water quality.
iii. Other Utilities
All other utilities including electrical, telephone and cable services are available to the
site.
35
I. Potential Areas of Concern
i. Coastal Hazards
The site may be subject to coastal hazards due to its proximity to the ocean. However,
with the exception of very rare events, the proposed activity will not be directly affected
by any coastal hazards. The project proposes to demolish the existing single-family
dwelling on the property and replace it with a new single-family dwelling. Associated
improvements will all be located outside of the 40-foot shoreline setback and constructed
in accordance with current building codes within Flood Zone X. All structures will also
be outside of the 3.2-foot sea level rise exposure area.
As the property is located within the Tsunami Evacuation Zone, it is covered by a civil
defense siren located approximately 0.2 miles north of the property. Puako Beach Drive
provides a mauka-makai connection to Queen Ka`ahumanu Highway approximately 2.7
miles from the project site.
ii. Coastal Resources
All construction and demolition activities will follow Best Management Practices to
minimize adverse point and non-point pollution to coastal resources and surrounding
areas. The following BMPs specific to demolition will be followed. This is not a
comprehensive list; any other mitigating measures identified during the subsequent
permitting process that are required to prevent significant impacts will be followed.
I. Soil loss and erosion will be minimized by stabilizing slopes and disturbed areas
of soil. All exposed areas will be stabilized within seven (7) days of soil
disturbance. Initiation of stabilization will commence within one (1) calendar day
of soil-disturbing activities.
2. Sediment loss will be minimized by placing structural controls including silt
fences, gravel bags, sediment ponds, check dams, and other barriers.
3. Sediment wattles and protective covers will be applied to soil and material
stockpiles.
4. Stockpiles of debris will be located away from waterways and low spots. Debris
will be removed periodically from the subject site to prevent large stockpiles.
5. No heavy machinery will be used within the 40-foot shoreline setback area.
6. Demolition will be avoided during rainy periods to the maximum extent possible.
7. Dust impacts will be minimized by erecting a screen or fence. Demolition will be
avoided during high winds.
8. Routine inspection and maintenance of structural BMPs will be performed by
trained personnel.
9. Significant leaks or spills will be properly cleaned and disposed of at an approved
site.
The applicant has not observed any significant runoff or erosion on the subject property.
Pursuant to County drainage requirements, appropriate drywell and/or similar means to
36
capture runoff from any improvements will be built, if necessary, in conjunction with the
appropriate permitting process. The applicant will also install an ATU, which is the
current highest level possible in an individual wastewater system. This unit will support
the preservation of nearshore water quality. Additionally, no staging of materials or
heavy machinery will be allowed in the shoreline setback area.
II. ANTICIPATED IMPACTS
A. Environmental Setting
i. General Description
The subject property consists of 14,000 square feet of land, located on the makai side of
Puako Beach Drive. The property is rectangular in shape and has little discernible slope,
sitting approximately five (5) feet above sea level. Vegetation on the property includes
coconut palm(Cocos nucifera),kiawe (Prosopis pallida), naupaka (Scaevola taccada)
and plumeria (Plumeria alba). Areca Palm (Dypsis lutescens) hedges are also found
along the property boundaries.
The average annual rainfall is approximately 9 inches. The average annual temperature
ranges between 70-80 degrees Fahrenheit, with occasional higher and lower ranges
during certain periods in the summer and winter months. The prevailing wind patterns in
the area are often light and variable, dominated by sea breeze (westerly) during the day
and easterly or mountain winds during the evenings.
ii. Soils
Soil on the subject property is made up of 70 percent pahoehoe lava flows and 30 percent
Kiholo soil(2klz4). This soil complex has 2 to 20 percent slopes, is well drained and is
characteristics of very high runoff. No impacts on soil are anticipated due to the Best
Management Practices employed during construction and the installment of an advanced
wastewater treatment unit.
iii. Flora and Fauna
Although there were no professional surveys conducted of the floral or faunal resources
of the site, the applicant does not believe that rare or endangered floral or faunal
resources are likely to be found within the subject site as the site has been cleared for
residential use for many years.
Several trees and ornamental plants are located on the property and include coconut palm
(Cocos nucifera), kiawe (Prosopis pallida), naupaka (Scaevola taccada) and plumeria
(Plumeria alba). Areca palm (Dypsis lutescens)hedges are also found along the property
boundaries.
37
The site is not known to be a habitat for any rare or endangered animal life. It would be
possible, though unlikely to find the Hawaiian Hawk(I'o) (Buteo solitarius) and the
Hawaiian Owl (Pueo) (Alio flammeus sandwichensis)in the vicinity of the property. That
said, the residential nature of the surrounding area would make it less likely to find other
terrestrial protected or endangered animal life in this area.
The Hawaiian Green Sea Turtle (Chelonia mydas) and Hawaiian Monk Seal (Monachus
schauinslandi) are both endangered marine creatures that could be found in the coastal
waters of Puako. No adverse effects are anticipated on these aquatic species, since the
property is protected by a legal seawall, and the project will prohibit any construction,
material staging, or use of heavy machinery within the 40-foot shoreline setback zone.
iv. Volcanic and Earthquake Hazards
The subject property lies within the northwest outer reaches Mauna Loa lava flows,
putting it in Lava Hazard Zone 3, on a scale ranging from 9 to 1, ranking least hazardous
to most(Figure 15). There are no anticipated impacts from earthquake activity due to
mitigating measures and building regulations and requirements. Potential volcanic
hazards are inherent to the area and are shared with every other single-family residence in
the Puako area.
V. Flood/Drainage
All improvements are proposed outside of the 40-foot shoreline setback area. The
property is predominantly within Flood Zone X, or outside of the 500-year floodplain. A
small portion of the shoreline is located within Flood Zone VE (areas subject to a 1%
annual chance of inundation by a 100-year flood event with additional hazards associated
with storm induced wave action). The proposed new dwelling will be constructed entirely
within Flood Zone X.
The subject property lies within the tsunami evacuation zone; however, a Civil Defense
Siren is located roughly 0.2 miles north in case of emergencies.
B. Relationship to Land Use Plans and Policies
i. Special Management Area
The subject site is situated within the County Special Management Area (SMA). As such,
a SMA Major Permit is being requested. A discussion of this project's relationship to
HRS Chapter 205A is found in Section F of this report.
C. Probable Environmental Impacts
There are no foreseeable significant environmental impacts associated with the proposed
action.
38
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The project is and will be energy conscious through its use and/or encouragement of solar
energy and design features that take advantage of the sun and wind patterns. The
proposed development would not entail adverse effects on the environment or the natural
resources of the region. There will be no long-term impacts to air pollution, water quality,
soil pollution, solid waste disposal, or noise pollution. Wastewater will be handled by an
advanced aerobic treatment unit outside the 40-foot shoreline setback. Installation of the
new advanced treatment unit will mitigate potential water quality, coastal ecosystem, and
soil impacts due to wastewater.
The demolition of the existing single-family residence on the property will be done in
accordance with best management practices to ensure that noise and air pollution
associated with the demolition work remains at a minimum.
The long-term impacts of the project are in fact more beneficial than the status quo. The
applicant will install an ATU, which is the current highest level possible in an individual
wastewater system. This unit will support the preservation of nearshore water quality.
The proposed project will strictly follow demolition and construction Best Management
Practices, control stormwater runoff, and improve wastewater management to prevent
impact to coastal resources from point and nonpoint pollution sources. No development is
proposed within the 40-foot shoreline setback and no staging of materials or heavy
machinery will be allowed in the shoreline setback area.
D. Unavoidable Adverse Environmental Effects
The proposed action and land use will not have any significant adverse effects to natural
resources. The applicant intends to utilize the land for residential purposes, which is
consistent with the current land use designation, and past use of the land over many
years. This land use is compatible with the locality and surrounding area, which supports
single-family residences.
No adverse impacts are expected to air or water quality, scenic or other natural resources
outside of temporary and minor impacts during construction. Mitigating measures and
best management practices will protect all existing flora and fauna, soil, shoreline, and
coastal resources. Further, no significant secondary or cumulative impacts are expected
with the request.
The proposed development is not expected to exacerbate any adverse natural processes
occurring on the property, including coastal erosion. No development is proposed within
the 40-foot shoreline setback area and no staging of materials or heavy machinery will be
allowed in the shoreline setback area.
E. Alternatives to Proposed Action
A no action alternative is the only alternative to the proposed action. This is not a
reasonable action as it would unnecessarily restrict the property rights of the applicant.
40
F. Irreversible and Irretrievable Commitment of Resources
The proposed action will not involve an irrevocable commitment, loss, or destruction of
any natural, cultural, or historic resources. Earthwork will closely follow all mitigating
measures and Best Management Practices to minimize impacts to natural resources.
It is highly unlikely that any historic, archaeological, or cultural resources are present on
the property as the parcel was previously cleared and has been developed for residential
use for many years. However, in the event any historic, archaeological, or cultural
features are discovered during construction, work will stop within the affected area and
appropriate clearances from the State DLNR-SHPD, and County Planning Department
will be secured before work resumes.
The proposed action should not result in the irreversible or irretrievable commitment of
any environmental resources.
41
DeVera, Ashley
From: Matsumoto, Robyn
Sent: Wednesday, March 20, 2024 3:06 PM
To: Planning Internet Mail
Subject: FW: Request for Comments on App. No. PL-SMA-2024-051 for Scott Grainger on
TMK: (3) 6-9-006:016
Attachments: 2024-03-20_PL-SMA-2024-000051 DPW Comments.pdf
Importance: High
Please see our comments attached.
Sincerely,
Ma 1Ro-UywMc+. sv*n to; P.E.
Department of Public Works
Engineering Division
From:Araujo,Jaclyn <Jaclyn.Araujo@hawaiicounty.gov>
Sent:Tuesday, February 20, 2024 11:22 AM
To: DPW Eng<dpweng@hawaiicounty.gov>; Wilson, Kelly<Kelly.Wilson@hawaiicounty.gov>; DWS Engineering Review
<dwsengineeringreview@hawaiidws.org>; cohdem <cohdem@hawaiicounty.gov>; HCPDONE
<HCPDONE@hawaiicounty.gov>; Fire Admin <fire@hawaiicounty.gov>; Kurashige, Palani
<Palani.Kurashige@hawaiicounty.gov>; Kawasaki, Edward <Edward.Kawasaki@ hawaiicounty.gov>; Henderson, Royd
<Royd.Henderson@ hawaiicounty.gov>; Baybayan, Clinton <Clinton.Baybayan@hawaiicounty.gov>; Honda, Eric
<Eric.Honda @doh.hawaii.gov>; DOH - Michael Une<michael.une@doh.hawaii.gov>; DOH -Chintan Poudel
<Chintan.Poudel@doh.hawaii.gov>; DOH -Wastewater Branch <doh.wwb@doh.hawaii.gov>; State OPSD
<dbedt.stateplanning@hawaii.gov>; DLNR<dlnr@hawaii.gov>; DLNR-Land Division <dlnr.land@hawaii.gov>;
Surprenant, April <April.Surprenant@hawaiicounty.gov>; Kato, Norren <Norren.Kato@hawaiicounty.gov>; Santiago,
Hans<Hans.Santiago@hawaiicounty.gov>
Cc: Roy, Alex<Alex.Roy@hawaiicounty.gov>; Dacayanan, Melissa <Melissa.Dacayanan@ hawaiicounty.gov>
Subject: Request for Comments on App. No. PL-SMA-2024-051 for Scott Grainger on TMK: (3) 6-9-006:016
Importance: High
Aloha Kakou,
Please see attached Memo requesting your review Et comments on the subject application.
Link to review the application in the County's web-based EPIC system can be found below:
• Scott Grainger's Special Management Area Use Permit Application
We kindly ask that you submit your comments to planning@hawaiicounty.gov no later than
March 20, 2024.
Should you have any questions, please feel free to reach out to SMA Planner, Alex J. Roy (cc'd
herein) at (808) 961-8140.
Have a great day Et take care! 0
i
Mahalo nui loa,
_7acf)m Araujo
TA to Land Use Plans Checker
Planning Commission Support Technician
County of Hawaii - Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Phone: (808) 961-8288
, w
COUNTY OF HAWAII --
ti�
Electronic Processing and
Information Center (EPIC)
We hope that the County of Hawai`i's EPIC system has made your application process convenient
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2
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: March 20, 2024
Iffeft&WW4-*W
TO: Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000051)
Applicant: Scott Grainger
Request: To Demolish Existing Single-Family Dwelling and Construct a New
Single-Family Dwelling with Detached Garage, Pool, Lanai, and
Related Improvements
TM K: 6-9-006:016
We have reviewed the subject request and provide the following comments:
1. The subject parcel is in an area 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 in 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.
2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the
Hawaii County Code (HCC).
3. Construction within the County right-of-way shall comply with HCC, Chapter 22, County
Streets.
4. We recommend that the existing driveway be abandoned or permitted with the new
proposed driveway.
Questions may be referred to Robyn Matsumoto at 961-8924.
Planning Dept.
Exhibit 2
County of Hawaii is an Equal Opportunity Provider and Employer
DeVera, Ashley
From: Honda, Eric T. <Eric.Honda@doh.hawaii.gov>
Sent: Thursday, February 22, 2024 8:11 AM
To: Planning Internet Mail
Subject: PL-SMA-2024-000051
Attachments: PL-SMA-2024-000051 TMK6-9-006--016.pdf
Eric Honda
District Environmental Health Program Chief
Hawaii District Health Office
(808) 933-0917
Eric.honda@doh.hawaii.gov
i
JOSH GREEN, M.D. 's o F,,, KENNETH S. FINK, M.D,MGA, MPH
GOVERNOR OF HAWAII �� ysn y DIRECTOR OF HEALTH
KE KIA'AINA O KA MOKU'AINA O HAWAI'I y '.' -~, �'';,� KA LUNA HO'OKELE
i
Planning Rept.
STATE OF HAWAII Exhibit 3
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: February 16, 2024
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000051)
Applicant: Scott Grainger
Request: To Demolish Existing Single-Family Dwelling and Construct a New
Single-Family Dwelling with Detached Garage, Pool, Lanai, and Related
Improvements
Tax Map Key: (3) 6-9-006:016, S. Kohala, Hawaii
In most cases,the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies, project owners, and their agents should apply Department of Health"Standard
Comments" regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact
information for each Branch/Office is available on that website.
Note: Agencies and proiect owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the
commencement of anv work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Zendo Kern
February 22, 2024
Page 2 of 4
Chapters 11-59 and 11-60.1.
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses, public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: hllps:Hhealth.hawaii.gov/e/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
hLtps:Hhealth.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas,harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation& Emergency Response Office
are at: hgps://health.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
502,
11-503, and 11-504.
2. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control,"shall not be exceeded unless a
noise permit is obtained from the Department of Health.
3. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
hlt2s:Hhealth.hawaii.gov/irhb/asbestos/.
Safe Drinking Water Branch
Zendo Kern
February 22, 2024
Page 3 of 4
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: hllps://health.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: hllps:Hhealth.hawaii.gov/epo/landuse/.
Solid &Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to I1-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible,waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program —The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid& Hazardous Waste Branch can be
found at: hl!ps:Hhealth.hawaii.gov/epo/landuse/.
Wastewater Branch
For comments,please email the Wastewater Branch at doh.wwb(a),doh.hawaii.gov.
Sanitation/Local DOH Comments:
1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or
clear any structure without first ascertaining the presence or absence of rodents
that may endanger public health by dispersal from such premises. Should any
such inspection reveal the presence of rodents, the rodents shall be eradicated
before demolishing or clearing the structure. A demolition permit is required prior
to demolition.
Zendo Kern
February 22, 2024
Page 4 of 4
Other
1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers, planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter,please contact the Department of
Health, Hawaii District Health Office, at(808) 933-0917.
NtY Oi N,
Mitchell D. Roth +`�^.', � � Ramzi I.Mansour
Mayor Director
Deanna S. Sako OFBrenda Iokepa-Moses
Ti N�'�
Managing Director Deputy Director
County of Hawail
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 • Hilo, Hawaii 96720• cohdem@hawaiicounty.gov
Ph: (808)961-8083 •Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Direct( FZP
Department of Environmental Management
DATE: March 7, 2024
SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000051)
Applicant: Scott Grainger
Request: To Demolish Existing Single-Family Dwelling and Construct a New
Single-Family Dwelling with Detached Garage, Pool, Lanai, and
Related Improvements
Tax Map Key: (3) 6-9-006:016; S. Kohala, Hawaii
The Solid Waste Division has reviewed the subject application and provides the following
comments (Contact the Solid Waste Division fbr details).
• Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
• Aggregates and any other construction/demolition waste should be responsibly reused
to its fullest extent.
• Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
• Construction and demolition waste is prohibited at all County Transfer Stations.
The Wastewater Division has reviewed the subject application and provides the following
comments (contact the Wastewater Division for details):
• No County sewer system in area. Applicant shall follow Hawaii Department of Health,
and all other applicable federal, state, and county regulations.
Planning Dept.
Exhibit 4
County of Hawai'i is an Equal Opportunity Provider and Employer
DeVera, Ashley
From: Nakamura, Darlene K <darlene.k.nakamura@hawaii.gov>
Sent: Thursday, March 21, 2024 10:27 AM
To: Planning Internet Mail
Subject: Request for Comments - Scott Grainger - SMA Use Permit (PL-SMA-2024-000051)
Attachments: Grainger.signed.pdf, Grainger.ENGR Comments.pdf, Grainger.HDLO Comments.pdf
Aloha Alex Roy,
Attached are comments from the Hawaii Department of Land and Natural Resources ("DLNR") to the above-
entitled subject project.
Mahalo,
Darlene
i
JOSH GREEN,M.D. DAWN N.S.CHANG
GOVERNOR KE KIA'AINA CHAIRPERSON
BOARD OF LAND AND NATURAL RESOURCES
SYLVIA LUKE I COMMISSION ON WATER RESOURCE
LIEUTENANT GOVERNOR KA HOPE KIA'AINA a''' ,;s MANAGEMENT
s: .far
o STATE OF HAWAII I KA MOKU`AINA`O HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
st`'rr,o( KA`OIHANA KUMUWAIWAI `AINA
LAND DIVISION
P.O. BOX 621
HONOLULU, HAWAII 96809
March 19, 2024
County of Hawaii
Planning Department via email: plan ning(a)hawaiicounty.gov
Attn: Mr. Alex Roy
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Roy:
SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000051)
Request to Demolish Existing Single-Family Dwelling and Construct a new
Single-Family Dwelling with Detached Garage, Pool, Lanai, etc., located at
69-1918 Puako Beach Drive, South Kohala, Island of Hawaii; TMK: (3) 6-
9-006:016 on behalf of Scott Grainger
Thank you for the opportunity to review and comment on the subject matter. The Land
Division of the Department of Land and Natural Resources (DLNR) distributed or made available
a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and
comments.
At this time, enclosed are comments from the (a) Engineering Division and (b) Land
Division-Hawaii District on the subject matter. Should you have any questions, please feel free
to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamuraca�_hawaii.gov.
Thank you.
Sincerely,
Ru"Will �SGt�li
Russell Y. Tsuji
Land Administrator
Enclosures
cc: Central Files Planning Deur.
Exhibit
pS I'_OF'M4W
JOSH GREEN,M.D. , Mesa,'••:o, DAWN N.S.CHANG
GOVERNOR I KE KIA'AINA %• CHAIRPERSON
BOARD OF LAND AND NATURAL RESOURCES
SYLVIA LUKE COMMISSION ON WATER RESOURCE
LIEUTENANT GOVERNOR I KA HOPE KIA'AINA C1 •;S MANAGEMENT
and and/,,, P�
*S
c`ol gid/ ''•...• •�•
o STATE OF HAWAII I KA MOKU`AINA`O HAWAII
'� DEPARTMENT OF LAND AND NATURAL RESOURCES
s"ateo(Na� KA`OIHANA KUMUWAIWAI `AINA
LAND DIVISION
P.O. BOX 621
HONOLULU, HAWAII 96809
February 20, 2024
MEMORANDUM
FROM: DLNR Agencies:
X Div. of Aquatic Resources (kendall.l.tuckerCa)-hawaii.gov)
_Div. of Boating & Ocean Recreation
X Engineering Division (DLNR.ENGR(a_hawaii.gov)
X Div. of Forestry & Wildlife (rubyrosa.t.terragota)hawaii.gov)
_Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRMa-hawaii.gov)
X Office of Conservation & Coastal Lands (sharleen.k.kuba(a-)-hawaii.gov)
X Land Division — Hawaii District (gordon.c.heit a�hawaii.gov)
X Aha Moku Advisory Committee (leimana.k.damate(a)hawaii.gov)
TO: FROM: Russell Y. Tsuji, Land Administrator 7util�
SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000051)—
Request to Demolish Existing Single-Family Dwelling and Construct a new
Single-Family Dwelling with Detached Garage, Pool, Lanai, etc.
LOCATION: 69-1918 Puako Beach Drive, South Kohala, Island of Hawaii; TMK: (3) 6-9-
006:016
APPLICANT: County of Hawaii on behalf of Scott Grainger
Transmitted for your review and comment is information on the above-referenced subject
matter. Please submit comments by March 19, 2024.
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(a)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: Carty S. Chang, Chief Engineer
Division: Engineering Division
Date: Mar 12,2024
Attachments
cc: Central Files
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuji
Ref: Special Management Area Use Permit Application (PL-SMA-2024-000051)—
Request to Demolish Existing Single-Family Dwelling and Construct a new
Single-Family Dwelling with Detached Garage,Pool,Lanai, etc.
Location: 69-1918 Puako Beach Drive, South Kohala,Island of Hawaii
TMK(s): (3) 6-9-006:016
Applicant: County of Hawaii on behalf of Scott Grainger
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) (fhat.hawaii.gov) 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: C*r
CARTY S. CHANG, CHIEF ENGINEER
Date: Mar 12,2024
JOSH GREEN,M.D. Rp'•.�9sy a`bDAWN N.S.CHANG
GOVERNOR I KE KIA'AINA g' CHAIRPERSON
BOARD OF LAND AND NATURAL RESOURCES
SYLVIA LUKE } COMMISSION ON WATER RESOURCE
LIEUTENANT GOVERNOR KA HOPE KIA'AINA ft.� MANAGEMENT
4and and A
f�.
of of r �••, I. .,:
F
o STATE OF HAWAII I KA MOKU`AINA`O HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
srdrPofHawa. KA`OIHANA KUMUWAIWAI `AINA
LAND DIVISION
P.O. BOX 621
HONOLULU, HAWAII 96809
February 20, 2024
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(a�_hawaii.gov)
X Div. of Forestry & Wildlife (rubyrosa.t.terragoCa)-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(a)hawaii.gov)
X Aha Moku Advisory Committee (leimana.k.damate(a�hawaii.gov)
FROM: Russell Y. Tsuji, Land Administrator R""&ff ✓�
SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000051) —
Request to Demolish Existing Single-Family Dwelling and Construct a new
Single-Family Dwelling with Detached Garage, Pool, Lanai, etc.
LOCATION: 69-1918 Puako Beach Drive, South Kohala, Island of Hawaii; TMK: (3) 6-9-
006:016
APPLICANT: County of Hawaii on behalf of Scott Grainger
Transmitted for your review and comment is information on the above-referenced subject
matter. Please submit comments by March 19, 2024.
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: Z&�4 Y7 �
Print Name: ORDON C. HEIT
Division: Land Division
Date: March 12, 2024
Attachments
cc: Central Files
DeVera, Ashley
From: Li, Shichao <shichao.li@hawaii.gov>
Sent: Monday, March 18, 2024 7:35 AM
To: Planning Internet Mail
Cc: Roy, Alex
Subject: SMA use permit application PL-SMA-2024-000051
Attachments: OPSD-Hawaii Kohala SMA.pdf
Aloha,
Attached is the comment letter from the State Office of Planning and Sustainable Development on the
subject SMA use permit application, per review request from your department.
Thankyou!
OFFICE OF PLANNING&
SUSTAINABLE DEVELOPMENT
it* STATE OF HAWAII
Shichao Li,Planner
State of Hawaii Office of Planning and
Sustainable Development
235 S.Beretania Street,6`r'Floor
P.O.Box 2359,Honolulu,HI 96804
(808)587-2841
planning.hawaii.gov
1
'Cs;.OF
••"'q.� STATE OF HAWAII JOSH GREEN, NOR
OFFICE OF PLANNING SYLVIALUKE
LT.GOVERNOR
+o MARY ALICE EVANS
4;, r & SUSTAINABLE DEVELOPMENT INTERIM DIRECTOR
•.. �' 235 South Beretania Street,6th Floor,Honolulu,Hawaii 96813 Telephone: (sob)587-2846
Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: (808)587-2824
Web: https://planning.hawaii.gov/
Coastal Zone DTS202402210917NA
Management
Program March 15, 2024
Environmental Review
Program Mr. Zendo Kern, Director
Department of Planning
Land Use Commission County Of Hawaii
East Hawaii Office
Land Use Division
101 Pauahi Street, Suite 3
Special Plans Branch Hilo, Hawaii 96720
State Transit-Oriented Attn: Alex Roy
Development
Statewide Geographic Dear Mr. Kern:
Information System
Statewide Subject: Special Management Area Use Permit Application (PL-SMA-2024-
Sustainability Branch 00005 1) to Demolish Existing Single-Family Dwelling and Construct a
New Single-Family Dwelling with Detached Garage, Pool, Lanai and
Related Improvements, South Kohala, Hawaii; Tax Map Key: (3) 6-9-
006: 016
Thank you for the opportunity to provide comments on the Special
Management Area (SMA) Use Permit Application (PL-SMA-2024-000051),
transmitted via memorandum dated February 20, 2024, to construct a new single-
family dwelling with detached garage,pool, lanai and related improvements south
Kohala, Hawaii.
According to the subject SMA Use Permit Application, Scott Grainger
proposes to demolish an existing single-family dwelling and construct a new
single-family residence on a 14,000 square foot parcel located within the county
designated SMA. The project will install a new advanced aerobic wastewater
treatment unit.
The existing dwelling is approximately 855 square feet. The proposed
residence is a single-story with a maximum height of 15 feet, 2,400-square-foot
single-family home featuring two bedrooms, two full bathrooms, one half bath, an
office, kitchen, living room, and a laundry room. Additional features include two
outdoor showers, measuring 70 and 28 square feet respectively, and a 182-square-
foot lanai. The project also includes a two-story detached garage with a bedroom
on the second floor. The lower level of the garage would cover an area of 726
square feet, accommodating two cars,while the upper level would be 628 square
feet, encompassing one bedroom, one full bathroom, a sitting room, and a 222-
Planning Dept.
Exhibit 6
Mr. Zendo Kern
March 15, 2024
Page 2
square-foot lanai. The single-family residence would therefore contain a total of three bedrooms,
three full bathrooms, and one half bath.
The subject property has a legal non-conforming seawall, which is the certified shoreline,
and an existing non-exclusive seawall easement.
The subject property is predominantly within Flood Zone X, an area outside of the 500-
year floodplain, and occupied structures will be located within Flood Zone X and outside the 3.2-
foot sea level rise exposure area.
Demolition and construction are anticipated to take 24 months, and the estimated cost of
the proposed project is $1,500,000.
The Office of Planning and Sustainable Development(OPSD)has reviewed the subject
SMA Use Permit Application, and has the following comments to offer:
1. The OPSD suggests that the Application provide a location map to include the regional
location of the project site on the Island of Hawaii, and a map to illustrate the parcel in
relation to the county designated SMA.
2. The OPSD recommends that the subject Application provide a copy of the existing non-
exclusive seawall easement(Easement 5-6049, C.S.F. 25267 Doc No. A-52610693)
with the information on conditions and the expiration date of the subject easement.
3. Act 16, Session Laws of Hawaii (SLH) 2020 has increased the minimum shoreline
setback from 20 feet to 40 feet. No construction or new structures including the
proposed pool shall be located within the shoreline area established by the County of
Hawaii Planning Department.
4. The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates
the site as Low Density Urban. Pursuant to SMA guidelines set forth in Hawaii
Revised Statutes (HRS) § 205A-26, with a consideration of potential cumulative
impacts, the proposed residential development shall be consistent with the designation
of Low Density Urban from LUPAG.
5. The OPSD concurs that the site-specific Best Management Practices shall be developed
and implemented to prevent any runoff, sediment, soil and debris potentially resulting
from associated construction activities from adversely impacting the coastal ecosystems
and the State waters as specified in Hawaii Administrative Rules Chapter 11-54.
Mr. Zendo Kern
March 15, 2024
Page 3
6. In enacting Act 224, SLH 2005, the legislature found that light pollution in Hawaii's
coastal areas and artificial lighting illuminating the shoreline and ocean waters can be
disruptive to avian and marine life. All exterior lighting and lamp posts associated with
the proposed residential development shall be cut-off luminaries to provide the
necessary shielding to mitigate potential light pollution in the coastal areas, and lessen
possible seabird strikes. No artificial light, except as provided in HRS §§ 205A-30.5(b)
and 205A-71(b), shall be directed to travel across the property boundaries toward the
shoreline and ocean.
If you respond to this comment letter, please include DTS 202402210917NA in the subject
line. For any questions regarding this letter, please contact Shichao Li of our office at (808) 587-
2841 or by email at shichao.li@hawaii.gov.
Sincerely,
Mary Alice Evans
Interim Director