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Home My WebLink About2024-10-21 PL-REZ-2024-000064 DLNR DOFAW Comments_v1Oda, Michelle From: Nakamura, Darlene K <darlene.k.nakamura@hawaii.gov> Sent: Monday, October 21, 2024 1:09 PM To: Planning Internet Mail Cc: Terrago, Rubyrosa T Subject: FW: Request for Comments - Kristin Frost Albrecht (The Food Basket Inc.) - Change of Zone Amendment Application No. PL-REZ-2024-000064 and Amendment of Change of Zone Ordinance No. REZ-05-000019 Attachments: Albrecht.Addl.signed.pdf; Albrecht.DOFAW Late Comments.pdf Hi Jessica, Attached are late comments from the DLNR's Division of Forestry & Wildlife ("DOFAW'). Please direct any concerns regarding the timeliness of these comments to staff at DOFAW copied herein. Thaks, Darlene From: Nakamura, Darlene K Sent: Monday, August 26, 2024 2:50 PM To: planning@hawaiicounty.gov Subject: Request for Comments - Kristin Frost Albrecht (The Food Basket Inc.) - Change of Zone Amendment Application No. PL-REZ-2024-000064 and Amendment of Change of Zone Ordinance No. REZ-05-000019 Aloha Jessica Andrews, Attached are comments from the Hawaii Department of Land and Natural Resources to the above -entitled subject project. Mahalo, Darlene 1 JOSH GREEN, M.D. GOVERNOR I KE KIA'AINA SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA STATE OF HAWAII I KA MOKU`AINA '0 HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES KA `OIHANA KUMUWAIWAI `AINA LAND DIVISION P.O. BOX 621 HONOLULU, HAWAII 96809 October 21, 2024 County of Hawaii Planning Department Attn: Ms. Jessica Andrews 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Andrews: DAWN N. S. CHANG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT via email: plannino@hawaiicounty.gov .hawaiicounty.gov SUBJECT: Change of Zone Amendment Application No. PL-REZ-2024-000064 and Amendment of Change of Zone Ordinance No. 06-28 (REZ-05-000019) - Request re Amendment for a 10 -year Time Extension of Condition D (Time to Complete Construction) located at South Hilo, Island of Hawaii; TMK: (3) 2-3-036:018 (por.) on behalf of Kristin Frost Albrecht (The Food Basket Inc.) Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments dated August 26, 2024, enclosed are comments from the Division of Forestry & Wildlife on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamurahawaii.qov. Thank you. Sincerely, kevih Moose for Russell Y. Tsuji Land Administrator Enclosures cc: Central Files JOSH GREEN, M.D. GOVERNOR I KE KIA'AINA SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA STATE OF HAWAII I KA MOKU`AINA '0 HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES KA `OIHANA KUMUWAIWAI `AINA LAND DIVISION P.O. BOX 621 HONOLULU, HAWAII 96809 July 30, 2024 MEMORANDUM DAWN N. S. CHANG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT FROM: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR@hawaii.gov) X Div. of Forestry & Wildlife (rubyrosa.t.terrago@hawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRMhawaii.gov) _Office of Conservation & Coastal Lands X Land Division — Hawaii District (gordon.c.heit@hawaii.gov) X Aha Moku Advisory Committee (leimana.k.damatehawaii.qov) TO: Russell Y. Tsuji, Land Administrator Ru"el'G 7'111)G SUBJECT: Change of Zone Amendment Application No. PL-REZ-2024-000064 Amendment of Change of Zone Ordinance No. 06-28 (REZ-05-000019) Request re Amendment for a 10 -year Time Extension of Condition D (Time to Complete Construction) LOCATION: South Hilo, Island of Hawaii; TMK: (3) 2-3-036:018 (por.) APPLICANT: County of Hawaii on behalf of Kristin Frost Albrecht (The Food Basket Inc.) Transmitted for your review and comment is information on the above -referenced subject matter. Please submit comments by August 23, 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@hawaii.gov. Thank you. BRIEF COMMENTS: Attachments cc: Central Files We have no objections. We have no comments. We have no additional comments. Comments are included/attached. Signed: Print Name:KATHRYN E. STANAWAY, Acting Wildlife Division: Prog.Mgr/ Forestry and Wildlife Date: Oct 16, 2024 JOSH GREEN, M.D. GOVERNOR I KE KIA'RNA SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA MEMORANDUM STATE OF HAWAII I KA MOKU'AINA '0 HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES KA `OIHANA KUMUWAIWAI `AINA DIVISION OF FORESTRY AND WILDLIFE 1151 PUNCHBOWL STREET, ROOM 325 HONOLULU, HAWAII 96813 October 16, 2024 TO: RUSSELL Y. TSUJI, Land Administrator Department of Land and Natural Resources FROM: KATHRYN E. STANAWAY, Acting Wildlife Program Manager Division of Forestry and Wildlife DAWN N.S. CHANG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT RYAN K.P. KANAKA'OLE FIRST DEPUTY CIARA W.K. KAHAHANE DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT EN GIN E ER NO FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS Log no. 4679 SUBJECT: Change of Zone Application for The Food Basket, Inc. (TFB) requesting an amendment to zoning ordinance in Hilo on Hawai'i Island The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) has received the Change of Zone Application for The Food Basket, Inc. (TFB) requesting an amendment to zoning ordinance. The applicant is requesting an amendment to the 8 -acre commercial zoned (CN -20) portion of subject property due to a lapse of the zoning ordinance. More specifically, the applicant is requesting a 10 -year extension to complete the full scope of planned projects and to update the permitted use plan for the property in Hilo on the island of Hawai'i; TMK: (3) 2-3-036:018 (por.). The proposed project is to construct the Hawaii Island Agricultural Innovation Park and Food Systems Campus (AIPFSC) that will serve community partner organizations and the economy of Hawaii Island. The mixed Commercial/Agriculture zoning of the subject property is compatible with the agricultural and community -focused commercial operations proposed for the AIPFSC development. TFB proposes an initial three- part project consisting of the design and construction of (1) a 43,400 square foot facility to house the Hawaii Island Community Food Center and Food Bank, (2) a 30,300 square foot Agricultural Innovation Center facility, and (3) 16.4 acres of agricultural lands and associated 12,100 square foot shade house. A second phase of the AIPFSC will consist of the construction and design of (1) a 19,100 square foot Agricultural Support Office Center, (2) a 38,900 square foot Community Center, and (3) a 7,400 square foot Farmer's Market Pavilion. The State listed `ope`ape'a or Hawaiian Hoary Bat (Lasiurus cinereus semotus) could potentially occur at or in the vicinity of the project and may roost in nearby trees. Any required site clearing should be timed to avoid disturbance to bats during their birthing and pup rearing season (June 1 through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall should not be disturbed, removed, or trimmed. Barbed wire should also be avoided for any construction because bats can become ensnared and killed by such fencing material during flight. Artificial lighting can adversely impact seabirds that may pass through the area at night by causing them to become disoriented. This disorientation can result in their collision with manmade structures or the grounding of birds. For nighttime work that might be required, DOFAW recommends that all lights used be fully shielded to minimize the attraction of seabirds. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season, from September 15 through December 15, when young seabirds make their maiden voyage to sea. If nighttime construction is required during the seabird fledgling season (September 15 to December 15), we recommend that a qualified biologist be present at the project site to monitor and assess the risk of seabirds being attracted or grounded due to the lighting. If seabirds are seen circling around the area, lights should then be turned off. If a downed seabird is detected, please follow DOFAW's recommended response protocol by visiting https://dlnr.hawaii.gov/wildlife/seabird-fallout-season/ Permanent lighting also poses a risk of seabird attraction, and as such should be minimized or eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance related to seabird -friendly light styles that also protect seabirds and the dark starry skies of Hawaii please visit https://dlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. The endemic pueo or Hawaiian Short -Eared Owl (Asio flammeus sandwichensis) could potentially nest in the project area. Before any potential vegetative alteration, especially ground- based disturbance, we recommend that line transect surveys are conducted during crepuscular hours through the project area. If a pueo nest is discovered, a minimum buffer distance of 100 meters from the nest should be established until chicks are capable of flight. The State listed lo or Hawaiian Hawk (Buteo solitarius) may occur in the project vicinity. Prior to undertaking vegetation clearing, DOFAW recommends that pre -construction surveys of the area be conducted by a qualified biologist following appropriate survey methods (Gorressen et al., 2008) to ensure no Hawaiian Hawk nests are present, which may occur during the breeding season from March to September. The survey should be conducted at least 10 days prior to the start of construction. If an lo nest is detected, a buffer zone of 100 meters (330 feet) should be established around it where no construction shall occur until the chick or chicks have fledged, or the nest is abandoned and DOFAW staff should be immediately notified. If adult individuals are detected in the area during construction, all activities within 30 meters (100 feet) of the bird should cease. Work may continue when the bird has left the area on its own. DOFAW recommends minimizing the movement of plant or soil material between worksites. Soil and plant material may contain detrimental fungal pathogens (e.g., Rapid `Ohi`a Death), vertebrate and invertebrate pests (e.g., Little Fire Ants, Coqui Frogs, etc.), or invasive plant parts (e.g., African Tulip, Octopus Tree, Trumpet Tree, etc.) that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee (BIISC) at (808) 933-3340 to help plan, design, and construct the project, learn of any high-risk invasive species in the area, and ways to mitigate their spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. Gorresen, P. M., R. J. Camp, J. L. Klavitter, and T. K. Pratt. 2008. Abundance, distribution and population trend of the Hawaiian Hawk: 1998-2007. Hawai'i Cooperative Studies Unit Technical Report HCSU-009. University of Hawai'i at Hilo. 53 pp., incl. 8 figures, 3 tables & 1 appendix. DOFAW recommends using native plant species for landscaping that are appropriate for the area; i.e., plants for which climate conditions are suitable for them to thrive, plants that historically occurred there, etc. Please do not plant invasive species. DOFAW also recommends referring to www.plantpono.org for guidance on the selection and evaluation of landscaping plants and to determine the potential invasiveness of plants proposed for use in the project. The invasive Coconut Rhinoceros Beetle (CRB) or Oryctes rhinoceros is found on the islands of O'ahu, Hawai'i Island, Maui and Kaua'i. On July 1, 2022, the Hawai'i Department of Agriculture (HDOA) approved Plant Quarantine Interim Rule 22-1. This rule restricts the movement of CRB-host material within or to and from the island of Oahu, which is defined as the Quarantine Area. Regulated material (host material or host plants) is considered a risk for potential CRB infestation. Host material for the beetle specifically includes a) entire dead trees, b) mulch, compost, trimmings, fruit and vegetative scraps, and c) decaying stumps. CRB host plants include the live palm plants in the following genera: Washingtonia, Livistona, and Pritchardia (all commonly known as fan palms), Cocos (coconut palms), Phoenix (date palms), and Roystonea (royal palms). When such material or these specific plants are moved there is a risk of spreading CRB because they may contain CRB in any life stage. For more information regarding CRB, please visit https://dInr.hawaii.gov/hisc/info/invasive-species-profiles/coconut-rhinoceros-beetle/. DOFAW is concerned about impacts to vulnerable birds from nonnative predators such as cats, rodents, and mongooses. We recommend taking action to minimize predator presence; remove cats, place bait stations for rodents and mongoose, and provide covered trash receptacles. We recommend that Best Management Practices are employed during and after construction to contain any soils and sediment with the purpose of preventing damage to near -shore waters and marine ecosystems. We appreciate your efforts to work with our office for the conservation of our native species. These comments are general guidelines and should not be considered comprehensive for this site or project. It is the responsibility of the applicant to do their own due diligence to avoid any negative environmental impacts. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. If you have any questions, please contact Kinsley McEachern, Protected Species Habitat Conservation Planning Associate, at Laurinda.k.mceachern.researcher@hawaii.gov. Sincerely, Kusa �uuwucuy KATHRYN E. STANAWAY Acting Wildlife Program Manager