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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. 4 0 - �� ( � ®� a ' aa4g #as i o8 � $�z•�8 1 2 C, $ o jaw}O� ? 44$ .vii .*I �E a IM. 0 _ 2.,s x'43• C •-t [ tj < w lit .�. 04 0l a *4 ii98. • w. e l�S1144 r y ik 3. :4 3^ S" �Hn - �� � 'S°+'-•_Vin"'_ ..',... oT� • �: i fl 8 s°aM [�4*& 9 T w i S. 1 mn nl uQiU ali •::� >5:4 S t�S� ` oil < z a F 0 ti 4 � o ` Y 'n d \ / 6 v -__Mi.Wi......... ---- v a—r=»cra'-�nnos G7 ry o y —,ro..v�N auou swov a»ao of 3 AIN 0 H 3 V 3 8 O N V n d A 2 S E N2 QUO m H O ' I 13 a oop No, � ` �yw etNNO 00'001 c 1 E m c g I I ' li�YRd Na �ue'a Z .YY a _ ° u �pQ. Og OL w I Y w � a = zrP /N m y I a I o LU I N ; I Q � I Uiv�yv � ° I I y�Nbryp � QjOOry� � 10 n Y n? of 3 x M UA o 3 ° x E �i 11 1g Z 01d 11 . w U S I Zt O N O 11 — tiJ �C �O O W m O 2 OV �Nvom v M a o e W O a J Q 3 0 w a` u � a o c 8 mow. U o M a ° O N o O • — AlZEl pTOM Q o �� 8 a ada/s rva� �> o w o ? 'SLOZ'61 Y-off ua paloao/so pDM 6u 1olaa rvaq)o wo/pim—ayl to sanox ayl p q—ay//a sayoow add,aYl bolo-olio/augaagS $N o c C � J N 0 11 V A H 3 S 3 N H V 3 8 1 N 3 N N 8 3 A 0 0 c eek 3� o a h �oRjo ` / b S W y o 0 N W SR`S, o gt i.g 4 0 .py ` j � :14 1 ' 4 ' �f I -i i t':' fit•', {IY'� 41 r r , r 1 6 t:i f ' i n _ •.r, G, } 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. 9 W0021438 GIHOVi�(] V�96 IH 11""A <gz 916 69 IR]E)VbbVE) IONIGISI?i MIN oii qu o>ivnd d]E)NIV�19 z LU 0 r) O 3AWG HOV38 OAVnd n z LU Al C() LU V) C0 < GHVA iNOH�OZ 2 ------------------ -------------------------- U) �2 0 LU < L) CD iw LU of z z F-- LU io 2 co LU Lu � co X LLJ L_________ ----------TTFCifs I fqnff9o� K,-o F-------------j 0 K ozZ 0 W6 �tzb NV300 1 N Msos s s Nwl z ress IH V—A 2 AMI(38 GIHOV134 a,ayeaeoedslsrsa h ma CV IR 3JVbbVJ � • _ g g=. 3�N3aIS3tl IONIGISI?i MIN m Q 011 qu Obi nd b3JNIV219 N � O � UQ) r C (`7 a o m o � v � N O] a 3 � c m c � Q � m c L c -`a m N p U N N U a N O O 0 O O O N N N d— N N N N tlNf1tiIN J J �- �- n 3Ntl0 H�b39—nd I O O V c0 O O ❑ = V J J LU N N N N Zw Z_O i 0 N N 61 aD a n J 00 FO Fd $ °ioo a0 m m N P I - i r n n a a a .Cy XW X¢ haa= a w s ¢ wof wU -- LLI 6 yo, o W CL F Z U WZ u, rn aCQ7om Ow J d� a d aw y W m a m 0 I - 1 I _ If - ji . - a C: e I A - e n E ( m YK3_E Swg �a O L Rug � c - V 8 �a eB `per HJtl390Ntlfld e.�e'R NOl1 tlAb3I II HJV39 II I bIAOI Wpe ItlNHW 1 N EMsos s s Nwl z ress IH V—A < AMI(38 GIHOV134 a��,a y�eae o�e�d s�srsa m a LO ?: s IR IJMbbVJ • _ g g=. 3�N3aIS3tl IONIGISI?i MINUM m Q 011 qu Obi nd b3JNIV219 v—A O O — y W rn - �` W C7 ---•1 W (O O N _ 3 w m o W c W 0_ a Q m a� _ Q 3 ¢ 3 a } - j O p _LL a 0O m aai o ¢ O— t cn m m o 0 cy — N 34' o > o E > U 30' N m m 3nL 0 LU LU W O M O O N N O > Y0LU0 f J X u .X O' O' O Q N N N u1 �n p (W7 w Q Q Q Q Q N �N LL (¢7 N a n M a N O N W = U Z W�- W - D s - i u age II m oL o o W 4' N 0 N U__I LU z w H 0 J Q 0.1 Q 7O ElN O N E d OM c�rc O �i6' 30'' 62' IVWA s V�96 IH 11""A AMI(ES 4IHOV13(] C-0 IR]E)VbbVE) DO NEI G I SlZl IONIGISI?i MIN oii qu ownd d]E)NIV�19 oc z S 50 LU 0 on w - V wo z 0 F- LU -j LU LU Et-—t III I o L) Z w z z 0 0 0 55 w > LU LU LLI -s e0: 0 as 0 0 0- Z z R z a. 0� C4 d C4 ---------- --- z -------- w 2 0 F- 2_ . ...... Lu o -j LU w LU 0 o Oa Ua Z 4Y 0000s.osooss.rwl ¢a W00WES 4 V1 3HO34 ® W � sa s6 IH Qlanwe a 3JVbbVJ ~i k Old 9ElONtlNd'5213NM0 a 3ws nu4 yaeae ov�end B L6 L-69 Nil _ ' y¢ z - 30N301S32J?J3�JNIHN'JiJOd �30NIUISI?iMIN Q WOOHO38 HlIM 3OVHVE)M8N(INV NOIlIOOV 0860dOHd L byA Z O Q J 2 W cc 0 Q Z SF� II w� CO VJ Z O O Oo .S 9l w a .9,9 wo J w LU m II 2 = a w W W ,6 w II a II w o o (Dwa o s � a � a J Cg J 7 LU w 74 - J J O LL U w cn 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 v�!5QQ U . oW Y'D2 �m Y o�tzz n _ ¢` co U -o O U� `o n 0 c6 co m w 3: a m d a D co Z a 3 � p m y u 0 a - o. U�� m p%=aw � m y W z c Lo m m N Sa00N d N o ,a'(7 quo m.`. r o o w oa - 0 U U U K o u) N €=0Z a a V �7ar - 0 0 w n o O EU)C.,¢ n E E U U `o 0 U~U) rQ a m O O W W Z=Z n m m a � � c O �y Tta > rrn.l� O • I� o Om 1 . � n 1 • • • c M 0 E T d C • • • O d C n 0 m CD n �\ • . U E J y • o 0 w `^ C • c 10 L ' 10 1— o �� a U F- N c — U) C� 3 coo • m o • n2 U ♦V • n cu (6 �r 0 o � � o CL � y c o c n a� N N U U � N N � N Q co J f/7 C O cu U a cn m = N U O c cu V CO N C V cu : 0 No J U Z) N N Cl) N r � 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 v�!5QQ U . ow YU,2 �m Y o�tzz n _ ¢` co ti -o O U� `o n o a-c6?O m w 3: a m d a D co z a 3 � p m y 0.D a - RU�� m p =aw � m y W z c N SamN d m m` m r Cl t w o a - U N U U K o U) N z a O O -W-of m 0 0 `EUOQ n U m O o o wwz=z n a c i.a co an 75 � w o 0 � � a Q Q c J a ^' 3 W o E •� o C� ay N 0 0 Cm O a M cu O � _ C m ^� U cu IL W � � O 7 U U c (n a) cu o Q [n 2 U co C7 J a � N a� C C o 0 C o cu a Q T V C N O U N M N Q N M CU d O C U N N O O (6 C) J O d N ' M � N C O � J 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 v�!5QQ U . oW Y'D2 �m Y o�tzz n _ ¢` co ti -o O U� `o n o a-c6?U m w 3: a m d a D co Z a 3 � n m y u 0 a - n Uco m p%=aw � m y W z c LO m rn N `o n Go d N o o ,a1(7 quo - m m` r o o w oa - VUUUK o u) N €=�Z a E - 0 0 w n 0 0 �EUOQ n E E U U `o U~U) rQ a m O O W W Z=Z n m m � � c C) E Tta > rrn•I� O • o m 1 • e. n 1 • • • c M 0 E 5 • • c d LL • � cn n }-�� • E V J 'a • - m o O O 0 8 N/� m A • U ~ \ J.4 N —0 (, • N N C 7 U • U � c • :C-U _ (B cn = 0 � � I a� c m a D 0 0 C N � c 0 � a N N OU cn N U) (0 '0 CL Q m CL CO LO ao N M T .17 cu W O p LO d o U Q o A. Flood Insurance Rate Map 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 D N X v r C N yOp� w O c N w o d R N O O r N i dC io N R LL ¢ t S d N = 3 R IL O'o N N p C�w yOpi @ W O O O a C c 'O1 E N R O E _ Q N d N R O O N C R £~ N N O o �_ > tr O O N C O X 3 S li N C C C N'o - d Q N« R -o G� LL W T N N'�o C 9 O m S L .O 3 a O J i d y Ip O.C U «L N T W'00 U d O�' N R U U N O ei IL N N _O C O L R o_ R N O a 'R R R O 'O R LL L'O" R «w j N 4 a oo o � mom c � � a� 0 W N " 1i 3wti > > Fiyd m > « N. Ny� UTCO ddEoc •� LL d O U U C« O S 3�+ 'O R d' d d R C LL > r6 O O `y '6 Cl Q 'O'o R i c o ~ £ R C R 'o O o > O C N N O T O N N N'L O'o p O w o N X y p Li N« o d Z O £ d U W 'O m U Q R C y 0. R oo 2 'O'O 1 y R U > R R¢ o T 3 o d' y li c 0 c v s o 2 a c (co o a R O .6 0« a c LL >.>a R £ ai uu, z m w o o c y,� vLL «Ij « y - y F o in c F= m R « a ami d RRL .' c.a 3 o o ais d aRi p o d pLLp m Q R O d u i 3 0 ' o c N N R li o `-' m y to 'nn a m'O r a.O. .o m N o« y R'O Q L t« O o L N r 0 R d R R U R C N N r N N y N - i0 r R M O R N.>o w N y R O R o c O R D N.- N N a y N 3 m d N N w d L N O R O R £ O Oy •i. .' O C M N._ Q >_y c '* N N d N r N z (r C O'O R LL U Q J Q Q W Q U J U �i U m J U d S p z O C y W o O. OF= t d C £ N ,L.Q y W C w / _ N LL o N N U w W , U O NM £ 3 fV � a d cL O O 4 N a z O NJ t0/YI baoo o O Q O W Q Q w w w o Lu 'a t> mZ E c R a o E N R a o o OQ Iii Q Q Z� O~ Q �- cL R.r cNa m o� acLiF ru d a Jp � 2 wU d £iaL a. wod £ aIc RR ¢ Q m Q p w f7 m LL Q t. t v t o cNa w E ami t d m nn J N dQ 20 F.- N Int H LL O z Ir) o4 N N (] N o° m W^ �_ O►J � o W N W z O W OD W a). Q ui O�CO N L1J Q o O m U � E Iu o Co fa CD g Q.O. 7-5 N ry 0 t Q ii o o n� N WCD\\ J _ CD L j c� N r°w + co r CDO O _O H O (� CDLO � z O " LO Z � � O `o dV[ � � O m t � �_ � U d W J J p Q = m W F H Q d cn a W c a m W = LIJ = p O C CL •rrTy' x w rn `o H 3 V Jay°ea F-1 �O-1en a �4opa �O�PO a ^0 �I �yoea a J �y a VI TTSI V1 0 E 0 0 N V • • Y `o • H v a m t m ■vi ♦ � � 'k E o 00 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 v�!5QQ U . oW Y'D2 �m Y o�tzz n _ ¢` (O ti -o O U U `o n 0 o-c6?U m w 3: a m d a D co Z a 3 � n m y0 a - n o U<< m p =aw � m O7�wz c U') m rn N SaGoN d N o ,a'(7 amuo - m m`. r o o '6 moa - U N U U K o U) N €I.Z a E - O o -w n 00 Eco C, a E E U U `o o U~u)m rQ a O O w w Z=Z n m m rm � � c C) ta E \Y r 4 > O • r o 0 m 1 • � n M 0 Y E 5 . • c ^ d CL 5� n G • • • m 3 W 7a •• E Q . _ . • ooi N o `s N co r U cu a C: D C6 0 U - / N N N 0 C T N � 7 (j C) c :C 03 m � x U I a� c c m a c 0 0 CL 0m 0 N D d O vN (D N N MU 2 N C) 0 M d Q N 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 and easy. Connecting with us for help is just a click away. Click here to request support. For more information go to https://hawaiicountvhi-energovpub.tylerhost.net/Apps/SelfService#/home. Confidentiality Notice: This e-mail message,including any attachments,is for the sole use of the intended recipient(s)and may contain confidential and/or privileged information. Any review,use,disclosure,or distribution by unintended recipients is prohibited. If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message. 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