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HomeMy WebLinkAboutPD Background and Recommendation Report PL-CCI-2024-000009-1- BR-CC Initiated-Telecommunication Towers and Antennas.doc 9/16/24 COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION COUNTY COUNCIL INITIATED (PL-CCI-2024-000009) AMENDMENT TO CHAPTER 25, ARTICLE 1, 2, 4, 5, AND 7 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TELECOMMUNICATION ANTENNAS AND TOWERS The County Council has referred Bill 194 to amend Chapter 25 (Zoning), Article 1, 2, 4, 5, and 7 of the Hawaiʻi County Code 1983 (2016 Edition, as Amended) (“HCC”), relating to telecommunication antennas and towers. PURPOSE OF THE BILL The purpose of Bill 194 as shown in the attached bill as Planning Department Exhibit 1 is to implement a uniform and comprehensive regulatory framework for the development, siting, installation, and maintenance of telecommunication antennas and telecommunication towers. PROPOSED AMENDMENTS The proposed amendments affect Articles 1, 2, 4, 5, and 7 of the Zoning Code and aim to align the County’s regulatory framework with state laws, particularly Hawaiʻi Revised Statutes, Section 46-89. Bill 194 introduces standards and application requirements that prioritize the careful design, siting, and maintenance of telecommunication infrastructure to minimize visual and operational impacts, enhance safety, and ensure adherence to federal and local regulations. The proposed amendments include, but are not limited to, the following specific changes: • Amends the definition of “Telecommunication Antennas” and creates a new definition of “Telecommunication Towers”; • Creates additional Plan Approval application requirements for telecommunication antennas and towers; • Creates additional standards for telecommunication antennas and towers, including increased setbacks and an order of priority for siting antennas and towers; and -2- • Removes the requirement to secure a Use Permit prior to establishing a telecommunication antenna and tower and adds telecommunication antennas and towers as a permitted use by right in Single-Family Residential (RS), Double Family Residential (RD), Multiple Family Residential (RM), Residential-Commercial Mixed Use (RCX), Residential and Agricultural (RA), Family Agricultural (FA), Agricultural (A), Intensive Agricultural (IA), and Open (O) zoning districts. With this change, telecommunication towers and antennas will be permitted in all zoning districts by right. AGENCIES’ COMMENTS 1) Police Department (Planning Department Exhibit 2 – September 13, 2024 Memo) 2) State Department of Transportation (Planning Department Exhibit 3 – September 18, 2024) 3) U.S. Fish and Wildlife Service – (Planning Department Exhibit 4 - September 30, 2024 Email) AGENCY – NO COMMENTS/CONCERNS 4) Department of Public Works–Engineering Division; Department of Health; State Office of Planning and Sustainable Development-Department of Business, Economic Development & Tourism. AGENCY – NO RESPONSE PROVIDED 5) Department of Public Works–Building Division; Civil Defense Agency; Department of Parks & Recreation; Fire Department; State Department of Education; State Land Use Commission; State Department of Land and Natural Resources; National Park Service. PUBLIC COMMENTS PROVIDED 6) Comments from T-Mobile (Planning Department Exhibit 5 - October 8, 2024 Letter) 7) Comments from Wireless Policy Group LLC (Planning Department Exhibit 6 - October 8, 2024 Letter) 8) Comments from A T & T (Planning Department Exhibit 7 – October 9, 2024 -3- Letter) 9) Comments from Wireless Infrastructure Association (Planning Department Exhibit 8 - October 9, 2024 Letter) PLANNING DEPARTMENT ANALYSIS The Planning Director recently initiated a similar bill regarding telecommunication towers and antennas that has been reviewed by the Planning Commissions and forwarded with favorable recommendations to the County Council for action. Bill 194 incorporates some of the same amendments to the Zoning Code that were included in the Planning Director’s proposed bill such as removing the requirement to secure a Use Permit to establish telecommunication antennas and towers and an increased setback from every property line of 120% of tower height. The following points regarding Bill 194 are particularly significant and warrant careful consideration: Bill 194’s proposed structural requirements extend beyond the Zoning Code’s authority and should be addressed by other regulatory agencies through their code such as building, fire, health, etc. Incorporating these provisions could complicate enforcement of the zoning code and lead to conflicts with existing regulations that would force the Planning Department to enforce regulations that are beyond its scope. While Chapter 25 currently mandates that an applicant submit a plot plan for proposed telecommunication facilities, Bill 194’s requirement in proposed Section 25-2- 74(1) to provide a site plan displaying all buildings and uses within 300 feet of the subject parcel is excessive. A detailed rationale for including all nearby buildings and their current uses has not been provided; therefore, the Planning Director does not support this requirement. Proposed Section 25-2-74(3) is not proposing to change the wind load capacities of 100 miles per hour (mph). The Planning Director’s initiated bill proposes changing the wind load capacity to 130 mph which aligns with national safety and engineering guidelines. Proposed Section 25-2-74(5) removes the existing requirement for applicants to provide a statement from the Federal Communications Commission (FCC) that a new tower either complies with FCC regulations or that such compliance is not necessary for -4- all new telecommunication tower and antenna applications. Instead, it proposes that a licensed professional electrical engineer submit a report certifying compliance with FCC and State of Hawaiʻi standards, specifically regarding radio frequency (RF) emissions. This change is unnecessary because the FCC already regulates antennas and towers. Additionally, the proposed bill would require planners, who are not qualified as electrical engineers, to review the report and determine whether the tower meets these criteria. Furthermore, the FCC regulations preempt local governments from imposing more restrictive RF emission standards than what is required by the federal government. As a result, requiring applicants to submit their own reports could inadvertently place the zoning code in conflict with federal regulations. It is crucial to remember that while counties may impose stricter requirements in areas such as aesthetics, zoning, and safety, they must still adhere to federal law. Proposed Sections 25-2-74 (5), (6), (7), (8) and (12), which address structural, fire safety, and flood hazards, should be governed under the Building, Fire, State Health, and Flood Codes rather than the Zoning Code. In addition, proposed Section 25-2-74 (13) which addresses maintenance requirements in accordance with industry standards would not fall under the scope of the Zoning Code, which focuses on planning and zoning. Proposed Section 25-2-74(15) and Section 25-4-12(e) are redundant with the existing section of the Zoning Code, Section 25-2-7 which already requires that Planning Department approvals be utilized within two years. Proposed Section 25-4-12(f) provides an allowance for the Planning Director to engage a private consultant to inspect and determine whether the proposed use complies with FCC standards after Final Plan Approval is issued. This provision raises several concerns. Engaging private consultants could significantly increase costs for the County, imposing unnecessary financial burdens. The way that it is written, the intent is not clear this determination by the private consultant would be done after Plan Approval has been issued. At that stage, the next step would be to secure a building permit and construct the tower. It would be more logical to hire a consultant prior to Final Plan Approval than afterward. Regardless, the Director does not support this as this would place an undue financial burden on the County for the development of private towers. Furthermore, relying on private consultants may introduce delays in the approval process. This could -5- lead to lengthy and unpredictable timelines for applicants, counteracting the 60-day timeframe for approvals under HRS. Moreover, the FCC has established protocols for compliance enforcement. Adding an additional layer of review via private consultants is redundant and risks inconsistency in interpretations of FCC standards. Given the potential for costs, delays, and regulatory overlap, including this provision in the Zoning Code is ill-advised. Proposed Section 25-4-12(h) requires telecommunication towers to be sited in a prioritized order, starting with lands where there is an existing telecommunications facility (Priority Area 1) down to residentially zoned lands (Priority Area 4). It is unclear how Planning Department staff would manage the processing of applications in specific zoning districts while adhering to this priority to service a specific area. Is the intent of the bill to have the applicant provide analysis of alternative sites in lower priority areas that were determined to be unviable? Towers are typically sited to cover areas that do not have existing cell service, and if an underserved area does not have the requisite zoning to meet the criteria order, is the Planning Department required to deny processing the application, or is the Planning Department responsible to research and suggest other priority areas before processing the application? Based on the preceding and unclear intent, this prioritization may hinder timely decisions on permitting telecommunication antennas and towers, potentially exceeding the 60-day timeframe for approvals under State Law. Additionally, it remains unclear how to enforce this section of the code. Finally, proposed Sections 25-4-12(i)(3) and (4), which deal with the emergency power shut-off mechanism and surge protection, pertain more to operational and engineering standards that are typically governed by building codes or electrical regulations. As mentioned earlier, it is important to remember that the Zoning Code is primarily focused on land use, zoning, and structural placement, rather than specific technical requirements such as surge protection. PLANNING DIRECTOR’S RECOMMENDATION While acknowledging the County Council’s effort in transmitting this legislation, the Planning Director does not support Bill 194 in its current form. The proposed extensive plan approval requirements—such as detailed engineering reports, FAA/FCC compliance statements, and various safety plans—extend beyond the expertise of land -6- use and zoning and should not be implemented in the Zoning Code. These requirements impose an excessive regulatory burden that may significantly hinder the deployment of telecommunication infrastructure. The bill’s design requirements, and siting prioritization lack flexibility to site telecommunication facilities to serve the areas that need it most and may lead to impractical outcomes given the County’s diverse topography and development patterns. Consequently, it could cause unnecessary delays and create compliance challenges with Hawaiʻi Revised Statutes Section 46-89. Instead of adopting the amendments proposed in Bill 194, the Planning Director recommends adopting the amendments in the recent bill the Planning Director initiated. The amendments in the Director’s proposed bill directly address standards for telecommunication infrastructure that fall within the purview of the Planning Department and the Zoning Code. Additionally, they provide clear justifications for the proposed amendments, ensuring they remain within the appropriate limits of the Zoning Code. In light of these concerns, the Planning Director recommends that the Leeward and Windward Planning Commissions submit an unfavorable recommendation regarding Bill 194 to the Hawaiʻi County Council for the amendment of Chapter 25 (Zoning) of the Hawaiʻi County Code 1983 (2016 edition, as amended) relating to telecommunication antennas and towers. ASHLEY KIERKIEWICZ Chairperson CINDY EVANS MICHELLE M. GALIMBA JENN KAGIWADA MA TT KANEALI'I-KLEINFELDER HEATHER L. KIMBALL SUSAN L.K. LEE LOY REBECCA VILLEGAS HOLEKA GORO INABA Vice Chair DATE: TO: FROM: SUBJECT: HAW AI'I COUNTY COUNCIL August 23, 2024 County of Hawai'i West Hawai'i Civic Center, Bldg. A 74-5044 Ane Keohokalole Hwy.Kailua-Kona, Hawai'i 96740 Planning Director Zendo Kem and Hawai 'i County Leeward and Windward Planning Commissions (Via Email) Dr. Holeka Goro Inaba, Council Member Council District 8 ��_;LL Referral of Bill 194 to the Planning Director, Leeward and Windward Planning Commissions; amends chapter 25, articles 1, 2, 4, 5, and 7, of the Hawai'i County Code 1983 (2016 edition, as amended), relating to telecommunication antennas and towers. Pursuant to Section 25-2-43(b) of the Hawai 'i County Code, on August 20, 2024, the Council Committee on Planning, Land Use, and Development voted in favor of referring Bill 194 to the Planning Director, and Leeward and Windward Planning Commissions for comments and recommendations. This referral directs the Planning Director and Leeward and Windward Planning Commissions to provide their respective comments and recommendations, through the Mayor, to the County Council within one-hundred twenty days of referral. Please return your comments and recommendations to Council Chair Heather L. Kimball. Thank you for your attention to this matter. HGI/wpb Attached: Bill 194 Hawai'i County Is an Equal Opportunity Provider and Employer Mitchell D. Roth Mayor September 13, 2024 TO FROM SUBJECT County of Hawai' i POLICE DEPARTMENT 349 Kapi'olani Street • Hilo, Hawai'i 96720-3998 (808)935-3311 • Fax (808) 961-2389 Benjamin T. Moszkowicz Police Chief Reed K. Mahuna Deputy Police Chief COH PLANNI�G OE?T SEP 18 2024 AMl0:35 REC'D HAND DELIIJEREO ZENDO KERN, PLANNING DIRECTOR BENJAMIN T. MOSZKOWICZ, POLICE CHIEF "',wf: ¥6 COUNTY COUNCIL INITIATED BILL NO. 194 (PL-CCI-2024-000009) AMENDMENT TO CHAPTER 25 (ZONING), ARTICLES 1, 2, 4, 5, AND 7 OF THE HAWAI'I COUNTY CODE 1983 (2016 EDmON, AS AMENDED) RELATING TO TELECOMMUNICATION ANTENNAS AND TOWERS Staff has reviewed the above-referenced amendments and provide the following comments. The Hawai'i Police Department relies heavily on telecommunication antennas and towers both for its land mobile radio-based communications as well as cellular networks to carry data, voice and text information for our mobile data platforms. Hawai'i Island is a challenging environment for wireless telecommunications due to its geography and terrain. While Hawai'i County's own land mobile radio system is operated by the Hawai'i County Civil Defense Agency, the Police Department is very sensitive to the radio system's reliability and range. Currently, there are areas within Hawai'i County that do not have reception and the only solution is to construct new telecommunications antennas and/or towers. Any amendments that make that less feasible would present an obstacle to the Police Department's mission of public safety. For these reasons, the Hawai'i Police Department does not support these proposed amendments. The Hawai'i Police Department recommends that some exemption for public safety agencies' telecommunications antennas and towers be explored to alleviate these concerns. If you have any additional questions or concerns regarding this matter, please feel free to contact Major Jeremie Evangelista of our Technical Services Division at (808) 961-2262 or via email at jeremie.evangelista@hawaiicounty.gov. AB/jce 24HQ0969 "Hawai'i County is an Equal Opportunity Provider and Employer"' JOSH GREEN, M.D. GOVERNOR KE KIA'AINA STATE OF HAWAl'I I KA MOKU'AINA 'O HAWAl'I DEPARTMENT OF TRANSPORTATION I KA 'OIHANA ALAKAU 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 September 18, 2024 VIA EMAIL: planning@hawaiicounty.gov Mr. Zendo Kern Planning Director County of Hawaii Planning Department East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Kern: Subject: County Council Initiated Bill No. 194 (PL-CCI-2024-000009) Amendment to Chapter 25 (Zoning), Articles 1, 2, 4, 5, and 7 of the Hawaii County Code 1983 (2016 Edition, as Amended) Relating to Telecommunication Antennas and Towers EDWIN H. SNIFFEN DIRECTOR KA LUNA HO'OKELE Deputy Directors Na Hope Luna Ho'okele DREANALEE K. KAULi TAMMY L. LEE CURT T. OTAGURO ROBIN K. SHISHIDO IN REPLY REFER TO: STP 00579.24 STP 8.3828 Thank you for your letter, dated September 6, 2024, requesting the Hawaii Department of Transportation's (HDOT) review and comments on the subject Hawaii County Council Initiated Bill No. 194. HDOT supports the proposed amendments and has no comments. Please submit any subsequent land use entitlement-related requests for review or correspondence to the HDOT Land Use Intake email address at DOT.LandUse@hawaii.gov. Ifthere are any questions, please contact Mr. Blayne Nikaido, Planner, Land Use Section of the HDOT Statewide Transportation Planning Office at (808) 831-7979 or via email at blayne.h.nikaido@hawaii.gov. Sincekt /4r EDWIN H. SNIFFEN Director of Transportation Oda, Michelle From: Sent: To: Subject: Attachments: Aloha Tiara, Nelson, Jay <jay_nelson@fws.gov> Monday, September 30, 2024 9:14 AM Cobile, Tiara K.; Planning Internet Mail Information provided for consideration, Referral of Bill 194 to Planning Director Animal Avoidance and Minimization Measures -FINAL May 2023.docx The U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office (USFWS/PIFWO) received your email, Subject: Referral of Bill 194 to the Planning Director, Leeward and Windward Planning Commissions; amends chapter 25, articles 1, 2, 4, 5, and 7, of the Hawaii County Code 1983 ( 2016 edition, as amended), relating to telecommunication antennas and towers, on September 9, 2024. Enclosed are Avoidance and Minimization Measures for ESA (Endangered Species Act) listed animals that PIFWO has jurisdiction in the Pacific Region. These measures include recommendations to minimize risk to listed Hawaiian seabirds from telecommunication antennas and towers. Thank you for the opportunity to review and provide comments on the subject application. Jay ************ Jay Nelson Fish and Wildlife Biologist U.S. Fish and Wildlife Service Pacific Islands Fish and Wildlife Office 300 Ala Moana Boulevard Honolulu, HI 96850 FINAL Avoidance and Minimization Measures (AMMs) Final revised May 2023 ESA Listed Species Endangered `ope`ape`a (Hawaiian hoary bat, Lasiurus cinereus semotus): The Hawaiian hoary bat roosts in woody vegetation across all islands and will leave their young unattended in trees and shrubs when they forage. If trees or shrubs 15 feet or taller are cleared during the pupping season, June 1 through September 15, there is a risk that young bats could inadvertently be harmed or killed, since they are too young to fly or move away from disturbance. Hawaiian hoary bats forage for insects from as low as 3 feet to higher than 500 feet above the ground and can become entangled in barbed wire used for fencing. To avoid and minimize impacts to the endangered Hawaiian hoary bat we recommend you incorporate the following applicable measures into your project description: Do not disturb, remove, or trim woody plants greater than 15 feet tall during the bat birthing and pup rearing season (June 1 through September 15). Do not use barbed wire for fencing. Endangered `ua`u (Hawaiian petrel, Pterodroma sandwichensis), Threatened `a`o, (Newell's shearwater, Puffinus newelh), and Endangered Hawaii Distinct Population Segment of the ake`ake (band-rumped storm -petrel, Hydrobates castro): Hawaiian seabirds may traverse the project area at night during the breeding, nesting and fledging seasons (March 1 to December 15). Outdoor lighting could result in seabird disorientation, fallout, and injury or mortality. Seabirds are attracted to lights and after circling the lights they may become exhausted and collide with nearby wires, buildings, or other structures or they may land on the ground. Downed seabirds are subject to increased mortality due to collision with automobiles, starvation, and predation by dogs, cats, and other predators. Young birds (fledglings) traversing the project area between September 15 and December 15, in their first flights from their mountain nests to the sea, are particularly vulnerable to light attraction. To avoid and minimize potential project impacts to seabirds we recommend you incorporate the following measures into your project description: Fully shield all outdoor lights so the bulb can only be seen from below. Install automatic motion sensor switches and controls on all outdoor lights or turn off lights when human activity is not occurring in the lighted area. Avoid nighttime construction during the seabird fledging period, September 15 through December 15. Listed seabirds have been documented colliding with communication towers, particularly in areas of high seabird passage rate. In general, self-supporting monopoles are the least likely to result in collisions, whereas lattice towers, particularly those that rely on guy -wires, have a greater risk. To avoid and minimize the likelihood that towers will result in collisions by listed seabirds we recommend you incorporate the following measures into your project description: The profile of the tower should be as small as possible, minimize the extent of the tower that protrudes above the surrounding vegetation layer, and avoid the use of guywires. If the top of the tower must be lit to comply with Federal Aviation Administration regulations, use a flashing red light verses a steady -beam red or white light. If possible, co -locate with existing towers or facilities. Seabirds have been known to collide with fences, powerlines, and other structures near nesting colonies. To avoid and minimize the likelihood of collision we recommend you incorporate the following measures into your project description: Where fences extend above vegetation, integrate three strands of polytape into the fence to increase visibility. For powerlines, guy -wires and other cables, minimize exposure above vegetation height and vertical profile. We recommend further coordination with our office to address specific project details and potential seabird interactions. Threatened nene (Hawaiian goose, Branta (Nesochen) sandvicensis): Nene are found on the islands of Hawaii, Maui, Molokai, and Kauai. They are observed in a variety of habitats, but prefer open areas, such as pastures, golf courses, wetlands, natural grasslands and shrublands, and lava flows. Threats to the species include introduced mammalian and avian predators, wind facilities, and vehicle strikes. To avoid and minimize potential project impacts to nene we recommend you incorporate the following measures into your project description: Do not approach, feed, or disturb nene. If nene are observed loafing or foraging within the project area during the breeding season (September through April), have a biologist familiar with nene nesting behavior survey for nests in and around the project area prior to the resumption of any work. Repeat surveys after any subsequent delay of work of 3 or more days (during which the birds may attempt to nest). Cease all work immediately and contact the Service for further guidance if a nest is discovered within a radius of 150 feet of proposed project, or a previously undiscovered nest is found within the 150 -foot radius after work begins. In areas where nene are known to be present, post and implement reduced speed limits, and inform project personnel and contractors about the presence of endangered species on-site. A 4(d) rule was established at the time the nene was downlisted to threatened status. Under the 4(d) rule, the following actions are not prohibited under the Act, provided the additional measures described in the downlisting rule are adhered to: Take by landowners, or their agents, conducting intentional harassment in the form of hazing or other deterrent measures not likely to cause direct injury or mortality, or nene surveys. Take that is incidental to conducting lawful control of introduced predators or habitat management activities for neve. Take by authorized law enforcement officers for the purpose of aiding or euthanizing sick, injured, or orphaned nene; disposing of dead specimens; and salvaging a dead specimen that may be used for scientific study. Endangered Hawaiian waterbirds (ae`o, Hawaiian stilt, Himantopus mexicanus knudseni; alae ke`oke`o, Hawaiian coot, Fulica alai; `alae 'ula, Hawaiian common gallinule, Gallinula galeata sandvicensis; koloa maoli, Hawaiian duck, Anas wyvilliana): Hawaiian waterbirds are currently found in a variety of wetland habitats including freshwater marshes and ponds, coastal estuaries and ponds, artificial reservoirs, kalo or taro (Colocasia esculenta) lo`i or patches, irrigation ditches, sewage treatment ponds, and in the case of the Hawaiian duck, montane streams and marshlands. Hawaiian stilts may also be found wherever ephemeral or persistent standing water may occur. Threats to these species include non-native predators, habitat loss, and habitat degradation. Hawaiian ducks are also subject to threats from hybridization with introduced mallards. Based on the project details provided, your project may result in the creation of standing water or open water that could attract Hawaiian waterbirds to the project site. In particular, the Hawaiian stilt is known to nest in sub -optimal locations (e.g., any ponding water), if water is present. Hawaiian waterbirds attracted to sub -optimal habitat may suffer adverse impacts, such as predation and reduced reproductive success, and thus the project may create an attractive nuisance. Therefore, we recommend you work with our office during project planning so that we may assist you in developing measures to avoid impacts to listed species (e.g., fencing, vegetation control, predator management). To avoid and minimize potential project impacts to Hawaiian waterbirds we recommend you incorporate the following measures into your project description: In areas where waterbirds are known to be present, post and implement reduced speed limits, and inform project personnel and contractors about the presence of endangered species on-site. If water resources are located within or adjacent to the project site, incorporate applicable best management practices regarding work in aquatic environments into the project design (see enclosure). Have a biological monitor that is familiar with the species' biology conduct Hawaiian waterbird nest surveys where appropriate habitat occurs within the vicinity of the proposed project site prior to project initiation. Repeat surveys again within 3 days of project initiation and after any subsequent delay of work of 3 or more days (during which the birds may attempt to nest). If a nest or active brood is found: o Contact the Service within 48 hours for further guidance. o Establish and maintain a 100 -foot buffer around all active nests and/or broods until the chicks/ducklings have fledged. Do not conduct potentially disruptive activities or habitat alteration within this buffer. o Have a biological monitor that is familiar with the species' biology present on the project site during all construction or earth moving activities until the chicks/ducklings fledge to ensure that Hawaiian waterbirds and nests are not adversely impacted. Endangered Hawaiian forest birds (O`AHU: O`ahu `elepaio, Chasiempis ibidis; Drepanis coccinea; KAUAI: puaiohi, Myadestes palmeri; `akikiki, Oreomystis bairdi; akeke`e, Loxops caeruleirostris; `i`iwi, Drepanis coccinea; HAWAI`L• `akiapola`au, Hemignathus wilsonsi; `alawi, Hawaii creeper, Loxops mana; Hawaii `akepa, Loxops coccineus; palila, Loxioides bailleui; `i`iwi, Drepanis coccinea; MAUI: kiwikiu, Maui parrotbill, Pseudonestor xanthophrys;`akohekohe, crested honeycreeper, Palmeria dolei; i`iwi, Drepanis coccinea; MOLOKAI: `i`iwi, Drepanis coccinea LISTED SPECIES BELIEVED TO BE EXTINCT: O`ahu `alauahio, Paroreomyza maculata; kama`o, Myadestes myadestinus; Kaua`i VO, Moho braccatus; Kaua`i nuku pu'u, Hemignathus hanapepe; Kaua`i `akialoa, Akialoa stejnegeri; po`ouli, Melamprosops phaeosoma; Maui nuku pu'u, Hemignathus affinis; Maui `akepa, Loxops ochraceus; kakawahie, Paroreomyza flammea; Moloka`i oloma`o, Myadestes lanaiensis rutha; Psittirostra psittacea. NOTE: Playback surveys may require a permit or an SOP reviewed and approved by PIFWO that would only result in minimal disturbance to forest birds. Hawaiian forest birds' current ranges are predominately restricted to montane forests above 3,500 feet in elevation due to habitat loss and threats at lower elevations. Hawaiian forest bird habitat has been lost due to development, agriculture, grazing, wildfire, and spread of invasive habitat -altering species. Forest birds are also affected by mosquito -borne diseases. Mosquitoes are not native to Hawaii; their occurrence increases in areas where ungulate presence results in small pools of standing water. Actions such as road construction and development increase human access and result in increased wildfire and invasive species threats. Grazing results in reductions in woody vegetation and increased grass cover, which reduces forest habitat quality and results in increased wildfire risk on the landscape. Avoid conducting activities within forest bird habitat that: Promote the spread or survival of invasive species. Increase mosquito populations or stagnant water habitat. Increase wildfire threat to montane forest habitats. Remove tree cover during the peak breeding season between January 1 and June 30. Endangered Blackburn's sphinx moth (Manduca blackburni): NOTE: Found on Hawaii, Maui, Kaho`olawe, Molokai, and Lanai. The adult Blackburn's sphinx moth feeds on nectar from native plants, including beach morning glory (Ipomoea pes-caprae), ilie`e (Plumbago zeylanica), maiapilo (Capparis sandwichiana), and others. Blackburn's sphinx moth larvae feed on non-native tree tobacco (Nicotiana glauca) and native `aiea (Nothocestrum spp.). To pupate, the larvae burrow into the soil and can remain in a state of torpor for a year or more before emerging from the soil. Soil disturbance can result in death of the pupae. We offer the following survey recommendations to assess whether the Blackburn's sphinx moth occurs within the project area: A biologist familiar with the species should survey areas of proposed activities for Blackburn's sphinx moth and its larval host plants prior to work initiation. o Surveys should be conducted during the wettest portion of the year (usually November -April or several weeks after a significant rain) and within 4-6 weeks prior to construction. o Surveys should include searches for adults, eggs, larvae, and signs of larval feeding (chewed stems, frass, or leaf damage). o If moths, eggs, larvae, or native `aiea or tree tobacco over 3 feet tall, are found during the survey, please contact the Service for additional guidance to avoid impacts to this species. If no Blackburn's sphinx moth, `aiea, or tree tobacco are found during surveys, it is imperative that measures be taken to avoid attraction of Blackburn's sphinx moth to the project location and prohibit tree tobacco from entering the site. Tree tobacco can grow greater than 3 feet tall in approximately 6 weeks. If it grows over 3 feet, the plants may become a host plant for Blackburn's sphinx moth. We therefore recommend that you: Remove any tree tobacco less than 3 feet tall. Monitor the site every 4-6 weeks for new tree tobacco growth before, during, and after the proposed ground -disturbing activity. o Monitoring for tree tobacco can be completed by any staff, such as groundskeeper or regular maintenance crew, provided with picture placards of tree tobacco at different life stages. Threatened (Central North Pacific DPS) (Hawai`i and Johnston Atoll) and Endangered Central West Pacific DPS (Mariana Archipelago and Wake NWR) and Central South Pacific DPS (American Samoa, Palmyra, Kingman, Howland, Baker and Jarvis NWR)) Green sea turtles (Chelonia mydas) and Endangered Hawksbill sea turtle (Eretmochelys imbricata) (collectively referred to as sea turtles): The Service consults on sea turtles and their use of terrestrial habitats (beaches where nesting and/or basking is known to occur), whereas the National Oceanic and Atmospheric Administration (NOAA) Fisheries consults on sea turtles in aquatic habitats. We recommend that you consult with NOAA Fisheries regarding the potential impacts from the proposed project if it may affect off -shore or open ocean habitats. INTERNAL NOTE: We assume that all sandy beaches may provide nesting and/or basking habitat for green sea turtles. We assume that all lighting that is visible from a beach environment has the potential to affect sea turtle nesting and hatchling emergence. Green sea turtles may nest on any sandy beach area in the Pacific Islands. Hawksbill sea turtles exhibit a wide tolerance for nesting substrate (ranging from sandy beach to crushed coral) with nests typically placed under vegetation. Both species exhibit strong nesting site fidelity. Nesting occurs on beaches from May through September, peaking in June and July, with hatchlings emerging through November and December. Construction on, or in the vicinity of, beaches can result in sand and sediment compaction, sea turtle nest destruction, beach erosion, contaminant and nutrient runoff, and an increase in direct and ambient light pollution which may disorient hatchlings or deter nesting females. Off-road vehicle traffic may result in direct impacts to sea turtles or nests, and also contributes to habitat degradation through erosion and compaction. Projects that alter the natural beach profile, such as nourishment and hardening, including the placement of seawalls, jetties, sandbags, and other structures, are known to reduce the suitability of on -shore habitat for sea turtles. These types of projects often result in sand compaction, erosion, and additional sedimentation in nearshore habitats, resulting in adverse effects to the ecological community and may inhibit future sea turtle nesting. The hardening of a shoreline increases the potential for erosion in adjacent areas, resulting in subsequent requests to install stabilization structures or conduct beach nourishment in adjacent areas. Given projected sea level rise estimates, the likelihood of increase in storm surge intensity, and other factors associated with climate change, we anticipate that beach erosion will continue and likely increase. Where possible, projects should consider alternatives that avoid the modification or hardening of coastlines. Beach nourishment or beach hardening projects should evaluate the long-term effect to sea turtle nesting habitat and consider the cumulative effects. To avoid and minimize project impacts to sea turtles and their nests we recommend you incorporate the following measures into your project description: No vehicle use on or modification of the beach/dune environment during the sea turtle nesting or hatching season (May to December). Do not remove native dune vegetation. Incorporate applicable best management practices regarding Work in Aquatic Environments (see enclosed) into the project design. Have a biologist familiar with sea turtles conduct a visual survey of the project site to ensure no basking sea turtles are present. o If a basking sea turtle is found within the project area, cease all mechanical or construction activities within 100 feet until the animal voluntarily leaves the area. o Cease all activities between the basking turtle and the ocean. Remove any project -related debris, trash, or equipment from the beach or dune if not actively being used. Do not stockpile project -related materials in the intertidal zone, reef flats, sandy beach and adjacent vegetated areas, or stream channels. Optimal sea turtle nesting habitat is a dark beach free of barriers that restrict sea turtle movement. Nesting turtles may be deterred from approaching or laying successful nests on lighted or disturbed beaches. They may become disoriented by artificial lighting, leading to exhaustion and placement of a nest in an inappropriate location (such as at or below the high tide line). Hatchlings that emerge from nests may also be disoriented by artificial lighting. Inland areas visible from the beach should be sufficiently dark to allow for successful navigation by hatchlings to the ocean. To avoid and minimize project impacts to sea turtles from lighting we recommend incorporating the following applicable measures into your project description: Avoid nighttime work during the nesting and hatching season (May to December). Minimize the use of lighting on or near beaches and shield all project -related lights so the light is not visible from any beach. o If lights can't be fully shielded or if headlights must be used, fully enclose the light source with light filtering tape or filters. Incorporate design measures into the construction or operation of buildings adjacent to the beach to reduce ambient outdoor lighting such as: o tinting or using automatic window shades for exterior windows that face the beach; o reducing the height of exterior lighting to below 3 feet and pointed downward or away from the beach; and o minimize light intensity to the lowest level feasible and, when possible, include timers and motion sensors. Endangered pee pee maka`ole, Kauai cave wolf spider (Adelocosa anops) and Kauai cave amphipod (Spelaeorchestia koloana): NOTE: Restricted to subterranean mesocavern cracks, voids, spaces, caves) bearing rock with above ground soil deposits of less than 12 inches within the Koloa District of the island of Kaua`i. Mesocaverns that provide appropriate food sources (woody debris, plant roots penetrating the mesocavern) and conditions approaching 100 percent relative humidity levels are likely to contain these unique animals. All known areas likely to contain these animals have been designated critical habitat for these species. The Kaua`i cave wolf spider and amphipod may be in the vicinity of the proposed project area. In addition, the proposed project also occurs within designated critical habitat for both animals. One of the primary threats to these two species is their mesocavern (underground spaces, caves, cracks, crevices) habitat being exposed to drying conditions, most typically from increased airflow created by breaking through the mesocaverns. Survey Recommendations: Survey the project area for depth of soil deposits and the presence of caves. Any areas with soil deposits greater than 12 inches are not likely to provide appropriate habitat or have the species present. Contact the Service and do not disturb the vegetation or soil in areas with soil deposits less than 12 inches or if a cave is found. Enhance cave invertebrate habitat if possible: Outplant native plants like maiapilo (Capparis sandwichiana) so roots eventually provide a food source and irrigate the surface. Control established ecosystem -altering non-native invasive plant species around all caves. Enhance habitat by sealing currently non -occupied caves with temporary air blocks — to increase relative humidity by restricting air flow through cave entrances. Design permanent air blocks (e.g., walls) and develop plans to replace temporary air blocks. Endangered picture -wing flies (Drosophila aglaia, D. differens, D. digressa, D. hemipeza, D. heteroneura, D. montgomeryi, D. mulli, D. musaphilia, D. neoclavisitae, D. obatai, D. ochrobasis, D. sharpi, D. substenoptera, D. tarphytrichia): Picture -wing flies live in montane forest habitat and are restricted to single islands. Larvae of each species are dependent on a single or a few related plant species. The flies are threatened by destruction of habitat from non-native ungulates and invasive weeds, and also directly threatened by a variety of introduced invertebrates, including yellow jackets, crane flies, and several ant species. Avoid clearing forest vegetation within 200 feet of a site potentially occupied by endangered Drosophila. Restrict construction equipment to existing roads and trails. If the site is potentially occupied by endangered Drosophila based on location and presence of host plants, consult the Service since permits are required to conduct surveys. NOTE: Cross-reference with the plant BMPs, as some host plants are also endangered (see below). Pesticide use may require a larger buffer distance and the Service should be consulted. General Species Information (check Critical Habitat layers for specific locations): Species Island Habitat Host plant(s) D. aglaia: O`ahu Mesic forest Touchardia oahuensis D. differens Moloka`i Wet forest Clermontia spp. D. digressa Hawaii Mesic to wet forest Charpentiera spp., Ceodes spp. or Rockia sandwicensis (Pisonia spp.) D. hemipeza O`ahu Mesic forest Cyanea spp., Lobelia spp., and Urera kaalae D. heteroneura Hawaii Mesic to wet forest Cheirodendron trigynum ssp. trigynum, Clermontia spp., Delissea argutidentata D. montgomeryi O`ahu Mesic forest Urera kaalae D. mulli Hawai`i Wet forest Pritchardia beccariana D. musaphilia Kaua`i Mesic forest Acacia koa D. neoclavisetae Maui Wet forest Cyanea spp. D. obatai O`ahu Dry to mesic forest Dracaena spp. D. ochrobasis Hawai`i Mesic to wet forest Clermontia spp., Marattia spp., Myrsine spp. D. sharpi Kaua`i Wet forest Cheirodendron spp, Polyscias spp. D. substenoptera O`ahu Wet forest Cheirodendron spp, Polyscias spp. D. tarphytrichia O`ahu Mesic forest Charpentiera spp. Endangered Hawaiian yellow -faced bees (Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. mana): NOTE: You cannot survey for bees without a permit as identification of yellow -faced bees requires trapping, capturing, and holding. The only recommendation we can provide is for the project proponent to consult with us to avoid Section 9 violations and protect the host plants. For the non -coastal species we can also recommend ant control. Pesticide use may require a larger buffer distance and the Service should be consulted. General species information (bold islands are known populations): Species Island(s) Habitat H. anthracinus Hawaii, Maui, Kaho`olawe, Lanai, Moloka`i, O`ahu Coastal and lowland dry forests H. assimulans Maui, Kaho`olawe, Lanai, O`ahu Coastal and lowland dry forests H facilis Maui, Lanai, Molokai, Oahu Coastal and dry and mesic shrublands and forests H. hilaris Maui, Lanai, Molokai Coastal to dry forest; obligate parasite on H. anthracinus, H. longiceps, and H. asssimulans. H. kuakea O`ahu Lowland mesic H. longiceps Maui, Lanai, Molokai, Oahu Coastal and dry shrubland H. mana O`ahu Lowland mesic; possible close association with Santalum freycinetianum For coastal species, we can offer: Coastal populations of yellow -faced bees occur in habitat along rocky shorelines with Scaevola taccada (naupaka) and Heliotropium arboreum (tree heliotrope) with either landscaped vegetation, non-native kiawe (Prosopis pallida), or bare rock inland. Bees are restricted to an extremely narrow corridor, typically 10-20 meters wide, and do not occur on sandy beaches or inland, or on landscaped native plants on hotel grounds. Documented nectar plants include naupaka, Sida fallax (ilima), Euphorbia spp. (`akoko), Argemone glauca (pua kala), Myoporum sandwicense (naio), and tree heliotrope. Hylaeus kuakea has only been found at two sites in lowland mesic forest of the Wai`anae Mountains. Little is known about its habitat needs and distribution within its range. Hylaeus mana is restricted to a few populations in a narrow band of native mesic koa forest around 1,400 feet in elevation in the Ko`olau Mountains. Limited information suggests that it has a possible close association with Santalum freycinetianum. Threats to yellow -faced bees include habitat destruction and modification from land use change, non-native plants, ungulates, and fire, along with predation by non-native ants and wasps. To avoid and minimize project impacts to yellow -faced bees and their nests, we recommend you incorporate the following applicable measures into your project description: If an action will occur in or adjacent to known occupied habitat, a buffer area around the habitat may be required and can be worked out on a site-specific basis through consultation with the Service. For coastal species, protect all coastal strand habitat from human disturbance, including: o No fires or wood collecting. o Leave woody debris in place. o Restrict vehicles to existing roads and trails. o Post educational signs to inform people of the presence of sensitive species. Endangered Hawaiian tree snails (Achatinella spp., (O`ahu), Partulina spp. (Lana`i), Newcomb's tree snail (Newcombia coming') (West Maui)), Tutuila tree snail (Eua zebrina) American Samoa) and the American Samoa land snail Sisi or akaleha' (Ostodes strigatus): Note: Surveys for different species of tree snails may require permits. Check with Annie and Joy about what is required if surveys are recommended. If permits are not needed we can offer the current tree snail survey protocol and the following recommendations. Hawai`i: Hawaiian tree snails are found in montane wet forests, usually dominated by `ohi`a Metrosideros polymorpha). Snails feed on fungi and algae that grow on the leaves of trees. Newcombia cumingi is found nearly exclusively on `ohi`a, while other species can occur on a variety of predominately native, but also some non-native tree species. Common native species include Hydrangea arguta, Psychotria spp., Melicope spp., Coprosma spp., Kadua spp., Antidesma spp., and Perrottetia sandwicensis. Threats to tree snails include habitat destruction and fragmentation resulting from the impacts of non-native ungulates such as pigs, goats, and deer, habitat modification due to invasive plants, and predation by non-native mammals, reptiles, flatworms, and snails. Wildfire is also a threat to the tree snails. American Samoa: Eua zebrina is a tree snail found on the islands of Tutuila and Ofu, where they are found primarily on leaves of understory trees. Native forest canopy and understory is a critical need for this species, as all live snails have been found on understory plants beneath native canopy. Ostodes strigatus is a ground -dwelling snail found in rocky areas under relatively closed canopy with sparse understory. It is endemic to Tutuila. Closed canopies and areas with heavy tree cover appear to be an important habitat factor for this species. Threats include habitat destruction through agriculture, urban development and introduced ungulates, fire, predation by introduced rats and invertebrates, typhoons, public collection, and low numbers of individuals. Listed tree snails may occur in the vicinity of the proposed project area. To avoid potential adverse effects to listed tree snails, we offer the following recommendations: Where work must be conducted in forested areas, survey proposed project sites for the presence of tree snails. Surveys may only be conducted by biologists holding a Service permit for this work. If any tree snails are found, determine the extent of the colony by surveying outwards in all directions from the original sighting until individuals are no longer detected. Avoid cutting or removing vegetation within 200 feet of the known occurrence to minimize impacts to the tree snails and their habitat. Mark the trees and shrubs occupied by tree snails with brightly colored flagging tape and keep foot traffic to a minimum of 33 feet from marked vegetation to avoid inadvertently dislodging and trampling individuals. Avoid clearing understory and overstory forest vegetation outside existing developed areas. Intact vegetation is important for maintaining microclimates and air movement conditions that allow snails to survive in a given area. Confine movement of heavy equipment to existing roadways. If helicopters are used to reach the project site, avoid affecting the occupied site with helicopter rotor wash that could dislodge snails by selecting alternate landing areas. Train personnel who work in tree snail habitat to identify the listed species and their habitat. Aquatic invertebrates in Hawaii: Newcomb's snail (Erinna newcombi) (Kaua`i), Anchialine pool shrimp (Procaris hawaiana (Hawai`i Island, Maui) and Vetericaris chaceorum (Hawai`i Island), Hawaiian damselflies (crimson [Megalagrion leptodemas] O`ahu), flying earwig (M. nesiotes) (Maui), blackline (M. nigrohamatum nigrolineatum) O`ahu), oceanic (M. oceanicum) (O`ahu), Pacific (M. pacificum) (Moloka`i, Maui, Hawai`i), and orange -black (M. xanthomelas) (Hawai`i, Maui, Lana`i, Moloka`i, O`ahu): Habitat requirements are different between all these species. The best BMPs to offer as a separate enclosure are the joint ACOE/Service BMPs for working in aquatic or marine environments. The language in these documents cannot be altered. Newcomb's snail locations are all determined by the critical habitat and no work can occur without surveys. Permits are required for survey work. Newcomb's snail is restricted to fast -flowing freshwater streams on Kauai, where it feeds on vegetation growing on submerged rocks. Threats to the species include reduced stream flow from drought, water diversion projects, or other natural and human causes; predation by introduced snails, flies, and aquatic species; and small population dynamics. Applicable best management practices regarding work in aquatic environments (see enclosure) should be incorporated into the project design to minimize the degradation of water quality and impacts to fish and wildlife resources. Permits are required for accurate surveys of this species, so consult with the Service if work will be done in proximity to stream areas or within water bodies. Damselflies — You cannot survey for damselflies without a permit as accurate identification requires trapping, capturing, and holding. If work is occurring within a stream or within the riparian zone, the only recommendation we can provide is for the project proponent to consult with us to avoid Section 9 violations and give the ACOE/Service joint BMPs All of the species are site specific, so check for detailed locations if stream work is occurring. Megalagrion leptodemas breeds in slow reaches of streams and seep -fed pools. Megalagrion nesiotes is found along one stream on Maui (formerly on Hawaii as well). Naiads may be terrestrial or semi -terrestrial and the species appears to be closely associated with uluhe. Megalagrion nigrohamatum nigrolineatum occurs in slow sections or pools along mid -reach and headwater sections of upland streams and seep -fed pools. Megalagrion oceanicum is found in swiftly flowing sections of streams, usually amid rocks and gravel in stream riffles. Naiads can forage out of the stream on wet moss on rocks. Megalagrion pacificum is found in seepage -fed pools cut off from the main stream channel, usually in areas with thick vegetation. Formerly found on all islands, now known from Molokai, Maui, and Hawaii Islands at low elevations. Megalagrion xanthomelas is known from Hawai`i, Maui, Lanai, Moloka`i, O`ahu, and formerly Kauai. It breeds in a widespread number of sites, including anchialine pools, coastal wetlands, small streams, and artificial ponds at low elevations. Hawaiian damselflies are found in aquatic habitats across the islands, with high species endemism within islands. Breeding habitat includes anchialine pools, perennial streams, marshes, ponds, and even artificial pools and seeps. Major threats include introduced fish, amphibians, and invertebrates in streams, reduced stream flow from drought and water diversion, small isolated populations, reduced habitat quality from ungulates and nonnative plants, and possibly over -collection. Applicable best management practices regarding work in aquatic environments (see enclosure) should be incorporated into the project description to minimize the degradation of water quality and impacts to fish and wildlife resources. Permits are required for accurate surveys of this species, so consult with the Service if work will be done in proximity to stream areas or within water bodies. Anchialine pool shrimp - The State is no longer allowing the trapping of anchialine pool shrimp with small mesh nets or traps. Surveying on Federal property would require a permit as identification of these species requires trapping, capturing, and holding. If work is occurring within an anchialine pool, ground disturbance occurs near the pools that increases run-off, erosion, or sedimentation, or toxic organic or inorganic substances, or increases the opportunity for the introduction of non-native fish, we recommend the project proponent consult with us to avoid Section 9 violations and give the ACOE/Service joint BMPs. If work is occurring around pools we can offer the following: Anchialine Pools Procaris hawaiana is restricted to a small number of anchialine pools on Hawaii and Maui, while V. chaceorum is found in only two anchialine pool areas on Hawaii. Threats to these species include habitat loss due to in -filling and bulldozing of anchialine pools, waste disposal including used oil and grease into pools, non-native fish, human use of pools for bathing, water extraction, in -flow of fertilizer and pesticides, and collection for the aquarium trade. Applicable best management practices regarding work in aquatic environments (see enclosure) should be incorporated into the project description to minimize the degradation of water quality and impacts to fish and wildlife resources. Protect anchialine pools (both in and around) from human disturbance by implementing the following measures: o Restrict vehicles to existing roads and trails. o Prevent trash, and other waste from entering into anchialine pools. o Avoid or limit to the maximum extent practicable entrance into the anchialine pools. Install educational signs near anchialine pools to inform people of the presence of sensitive species and habitats. Migratory Bird Treaty Act protected species Inclusion of these MBTA species is optional. However, if they one or more may be affected by a proposed action, it is recommended we include the information and AMMS below. White terns or Manu o Ku (Gygis alba): NOTE: Currently only nesting on O`ahu in the main Hawaiian Islands, larger populations on Midway and Nihoa. State listed only. Include where projects are removing or trimming trees within the urban area of O`ahu. The white tern is not federally listed, but it is a listed species under Hawaii State law. White terns often nest in urban parks and residential areas from Hawaii Kai to Hickam Air Force Base on the island of O`ahu. White terns breed during all months of the year, but the core breeding season is January through June, with a major peak in March. White terns do not build nests, instead they lay a single egg directly on a ledge, tree branch, or other suitable location. The egg will hatch after approximately 35 days, after which it takes 45 days for the chick to be mature enough to leave the tree on its own. Signs that white terns are present include accumulation of white feathers or white droppings underneath the tree. To avoid and minimize potential project impacts to white terns we recommend you incorporate the following applicable measures into your project description: If tree trimming is part of your project, please examine all trees slated to be cut to determine if there are white terns nesting in them. Do not trim branches or remove trees with nesting white terns. Do not disturb a nesting tree or branch for at least 80 days from when the egg is laid. Wedge-tailed shearwater or `ua`u kani (Ardenna pacificus): Unlike other Hawaiian seabird species, wedge-tailed shearwaters nest in littoral vegetation along coastlines. Nesting adults, eggs, and chicks are particularly susceptible to impacts from human disturbance and predators. To avoid and minimize potential project impacts to wedge-tailed shearwaters we recommend you incorporate the following measures into your project description: Conduct surveys throughout the project area during the species' breeding season (March through November) to determine the presence and location of nesting areas. If wedge-tailed shearwaters nest within a proposed project area and the project would cause ground disturbance, time project construction outside of the breeding season. If outdoor lighting is needed, use light shields that are completely opaque, appropriately sized, and positioned so that the bulb is only visible from below and that light from the shielded source cannot be seen from the beach. Install automatic motion sensor switches and controls on all outdoor lights or turn off lights when human activity is not occurring in the lighted area. Hawaiian hawk or `io (Buteo solitarius): NOTE: State listed only, but should include where projects are removing or trimming trees during the breeding season. See range map for specific areas of concern. The Hawaiian hawk was recently federally delisted, but remains a listed species under Hawai`i State law. The Hawaiian hawk is known to occur across a broad range of forest habitats throughout the Island of Hawaii. Loud, irregular and unpredictable activities, such as using heavy equipment or building a structure, near an endangered Hawaiian hawk nest may cause nest failure. Harassment of Hawaiian hawk nesting sites can alter feeding and breeding patterns or result in nest or chick abandonment. Nest disturbance can also increase exposure of chicks and juveniles to inclement weather or predators. To avoid and minimize impacts to Hawaiian hawks we recommend you incorporate the following applicable measures into your project description: If work must be conducted during the March 1 through September 30, the Hawaiian hawk breeding season, have a biologist familiar with the species conduct a nest search of the project footprint and surrounding areas immediately prior to the start of construction activities. o Pre -disturbance surveys for Hawaiian hawks are only valid for 14 days. If disturbance for the specific location does not occur within 14 days of the survey, conduct another survey. Clearing of vegetation or construction activities should not occur within 1,600 feet of any active Hawaiian hawk nest during the breeding season until the young have fledged. Regardless of the time of year, avoid trimming or cutting trees containing a hawk nest, as nests may be re -used during consecutive breeding seasons. Via Email to planning@hawaiicounty.gov October 08, 2024 Zendo Kem Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawai' i 96720 Re: T-Mobile Comments on County Council Initiated Bill No. 194 (PL-CCI-2024-000009)Amendment to Chapter 25, (Zoning) Articles 1, 2, 4, 5, and 7, of the Hawai'I CountyCode 1983 (2016 Edition, As Amended) Relating to Telecommunication Antennas andTowers Dear Mr. Kem, I write on behalf of T-Mobile West, LLC ("T-Mobile") regarding the County Council of Hawaii County's (the "County Council") proposed amendment to Chapters 25, Articles 1, 2, 4, 5, and 7 of the Hawaii County Code 1983 (the "Bill No. 194"). T-Mobile appreciates the opportunity to review Bill 194 and provide feedback. At the service of the community and residents of Hawaii County, T-Mobile provides wireless communication services across the County to its residents, thriving businesses, and visitors. Like the County, we are constantly striving to provide our customers and your community the services they expect in this ever-changing, growth of demands placed on network infrastructure during this time. Critical deployment of wireless and broadband infrastructure becomes increasingly important as individuals and businesses become ever more reliant on fast, reliable connectivity. It is also critically important to recognize the need for fast deployment of 5G technology as the increase in demand of data continues to grow. As a result, T-Mobile actively encourages jurisdictions to put measures in place that will enable wireless providers to improve their networks using a range of technologies to achieve the coverage, capacity, and performance their networks need. While T-Mobile appreciates the County Council's desire to consider ways to improve and clarify its existing wireless facility requirements, unfortunately Bill 194 contains some issues that may discourage investment in next generation wireless infrastructure. Specifically, T-Mobile would like to highlight the following significant concerns: Plan Approval Application Requirements in Section 25-2-74: Bill 194 imposes application requirements that are confusing, irrelevant, infeasible, overly burdensome, time consuming and �Mobile· 12920 SE 38th Street, Bellevue, WA 98006 www.t-mobile.com �WPG October 8, 2024 Director Zendo Kern County of Hawai'i Planning Department East Hawai'i Office 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 via email: planning@hawaiicounty.gov / WIRELESS POLICY GROUPLLC RE: Bill 194: Ordinance Amending Chapter 25 (PL-CCl-2024-000009) Greetings Director Kern, Thank you for the opportunity to provide comment regarding Bill 194, which proposes and amendment to the County of Hawai'i Ordinance relating to telecommunications antennas and towers. On behalf of Verizon, please allow me to express our gratitude to you and the staff of Hawai'i County for your efforts to update telecommunications regulations. We previously provided comments regarding the Director's proposed ordinance (PL-PDl-2024-000008} ("Director's Proposed Ordinance"} and in general find the Director's Proposed Ordinance to be a more functional regulation of the placement of wireless communications facilities than the proposed Bill 194, though we remain concerned with some elements of the Director's Proposed Ordinance as well, as noted in our separate testimony on that matter. Wireless communication services are essential for supporting our communities. With 71.7% of adults living in homes without a landline phone1, recent increases in remote work, and many essential tools we use every day moving to wireless applications, promoting a robust high-capacity wireless communications network is more important than ever. According to NENA: The 9-1-1 Association, "An estimated 240 million calls are made to 9-1-1 in the U.S. each year. In many areas, 80% or more are from wireless devices."2 Given these statistics, wireless technology is also critical for emergency services. Wireless technology is broadly utilized in the medical field today, as well, allowing for improved health services. Smart pill bottles and cases can help patients and their caregivers track medication 1 National Center for Health Statistics, National Health Interview Survey Early Release Programs, wireless Substitution: Early Release of Estimates from the National Health Interview Survey, July-December 2022,released May 2023. 2 www.nena.org/?page=911 Statistics October 9, 2024 Planning Department County ofHawai'i 101 Pauahi Street, Suite 3 Hilo, Hawai 'i 96720 Via email to: planning@hawaiicounty.gov Re: County Council Initiated Bill 194 -(PL-CCI-2024-000009) Dear Director Kem and planning staff: AT&T appreciates the opportunity to provide comments on the County Council initiated Bill 194 to amend Chapter 25, Articles 1, 2, 4, 5, and 7 of the Hawai'i County Code 1983 (2016 Edition, as amended) relating to telecommunication antennas and towers ("Bill 194"). Comments on Proposed Code Changes in Bill 194 AT&T is concerned that some ofBill 194's proposed changes, like PL-PDI-2024-000008, the Planning Department's proposed ordinance, will hamper our ability to effectively provide quality and reliable wireless services to our Hawai'i Island customers. We are concerned that the effect of Bill 194 also appears contrary to the County's latest proposed 2045 General Plan. The proposed General Plan highlights the importance of access to broadband and telecommunications services and deployment of related infrastructure.1 However, the changes proposed in Bill 194 create unnecessary barriers to the deployment of wireless infrastructure, thereby inhibiting the provision of communication services on the island. We hope to continue to work with the Department and other stakeholders as both Bill 194 and the Department's proposed ordinance are considered so that we may minimize adverse impacts on wireless services our customers depend on. AT&T' s legal and policy concerns with Bill 194 are included below. Legal Concerns with Bill 194 The proposed 1,000-foot setback is contrary to federal law. Bill 194 proposes a setback for all antennas and towers as follows: "A telecommunication antenna or tower shall not be permitted within one thousand feet of any property line of any hospital, school, or residential district." Proposed Subsection 25-4-12(d). 1 See "County ofHawai'i General Plan 2045: Planning for a Sustainable Future, Final Recommended Draft, July 2024," https://www.planning.hawaiicounty.gov/home/showpublisheddocument/308136/63 8597 487229830000. (CJ 2024 AT&T Intellectual Property. All rights reserved. AT&T and the Globe logo are registered trademarks of AT&T Intellectual Property. W/Ar;JJ October 9, 2024 Director Zendo Kern Planning Director County of Hawaii Planning Department VIA EMAIL: planning@hawaiicounty.gov Re: County Council Initiated Bill No. 194 (PL-CCl-2024-000009) Amendment to Chapter 25 (Zoning) Articles 1, 2, 4, 5, and 7 of the Hawaii County Code 1983 (2016 Edition, As Amended) Relating to Telecommunications Antennas and Towers Dear Director Kern: Wireless Infrastructure Association Thank you for the opportunity to provide comments on the above-reference Bill No. 194 proposing amendments to the current Hawaii County Code on Telecommunications Antennas and Towers. The Wireless Infrastructure Association1 (WIA) has concerns with the provisions listed below in the order they appear in Bill No. 194. We welcome the opportunity to discuss these issues with the result of enacting tower code amendments appropriate for the community, compliant with FCC guidelines, supporting wireless infrastructure deployment and enabling connectivity for all residents. 1.The proposed amendments treat all tower and antenna applications identically whichdoes not comply with FCC guidelines. The FCC guidelines, specifically, in Section 6409 in the Telecommunications Act, provide different processes and timelines for a new tower site or modification (referred to as an Eligible Facilities Request or EFR in the FCC rules). Bill No. 194 applies the same public hearing process for both types of tower and antenna applications. The federal rules provide a simpler process for an EFR which is not reflected in Bill No. 194. 2.Bill No. 194 requires unnecessary and overly complicated application supportingdocumentation which will have the effect of delaying deployment of wireless services, which is prohibited under federal Sections 253 and 332 of the Telecommunications Act. In working with communities nationwide, WIA has found that requiring application supporting documentation that illustrates the scope of work is best for applicants, permitting staff, and the community. Requiring unnecessary and overly complicated information such as included in Section 25-2-74 is a burden for staff in reviewing unnecessary details, for applicants in providing this information, and distracting community members reviewing these applications. Specifically: 1 The Wireless Infrastructure Association (WIA) represents the businesses that build, develop, own, and operate thenation's wireless infrastructure. Members include infrastructure providers, wireless carriers, and professional services firms that are responsible for telecommunications facilities around the globe. On the federal, state, and local levels, WIA advocates for the widespread, responsible deployment of wireless infrastructure to enable mobile broadband access for communities everywhere.