HomeMy WebLinkAboutPD Background Report (PL-SMA-2025-000076) -1- -1-
BEbenal_SMA_2025
COUNTY OF HAWAIʻI PLANNING DEPARTMENT BACKGROUND REPORT DAVID EBENAL SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION
(PL-SMA-2025-000076)
DAVID EBENAL has submitted the following application for a Special Management Area Use
permit No. PL-SMA-2025-000076 to construct a two (2) story, 4,942-square foot single-family
residence that includes four (4) bedrooms, four and a half (4.5) bathrooms, two (2) single car
garages, a lanai, a 12-foot by 22-foot spa, and related improvements on a 0.345-acre shoreline
parcel within the Special Management Area. The subject property is located within the Lanihau
Point Subdivision of Kona Bay Estates at 75-5436 Kona Bay Drive, approximately 0.7-miles
from the intersection of Kona Bay Drive and Kuakini Highway, Kailua Airport, North Kona
District, Hawaiʻi Island, TMK: (3) 7-5-005:094.
PROPOSED DEVELOPMENT
1. Request: David and Bonita Ebenal are requesting a Special Management Area (SMA)
Use Permit to construct a two-story, single-family residence on a 0.3446-acre shoreline
parcel located at 75-5436 Kona Bay Drive within the Kona Bay Estates subdivision in
North Kona, Hawai‘i. The proposed home will consist of approximately 4,942 square feet
of total development area, including 4,467 square feet of interior space, four bedrooms,
four-and-a-half bathrooms, two single-car garages, a lanai, and a 12-by-22-foot spa. The
parcel is located in an established, gated residential subdivision and is relatively level due
to prior grading, with no vegetation in the buildable area. Existing utility infrastructure—
water, sewage, electricity, and telecommunications—is already available on-site, and the
proposed development will connect to these existing systems. A public shoreline access
path, which connects Keiki Ponds to the Old Kona Airport State Recreation Area, runs
along the makai edge of the property and will remain open and unaffected during and
after construction. The site is situated within FEMA Flood Zones D and AE-10, with
development confined to the higher elevation Zone D portion to mitigate flood risks. A
cultural and archaeological review determined that there are no historic or cultural
resources within the project area, and a determination of “no historic properties affected”
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has been requested from the State Historic Preservation Division (SHPD). The area does
not support endangered species or significant coastal ecosystems, and no traditional or
customary Native Hawaiian practices were identified on the property. In summary, the
proposed development is a compliant, well-integrated residential project that maintains
public access, respects environmental and cultural sensitivities, and aligns with local and
state land use policies. The proposed dwelling will be consistent with the character of
surrounding residential uses, and no significant adverse environmental or ecological
effects are expected. (Planning Department Exhibit 1 – SMA Use Permit Application
Packet dated March 4, 2025).
2. Project Objectives: The purpose of the project is to develop a single-family dwelling for
use by the landowner.
3. Cost/Time of Project: The total estimated cost of the project is $2.9 million, which
exceeds the $500,000 threshold for requiring an SMA Major Use Permit. The project will
begin as soon as all permits and approvals are granted.
4. Landowner: David Ebenal
BACKGROUND INFORMATION
5. Chapter 343, HRS: The proposed improvements are not subject to the requirements of
Chapter 343, Hawaiʻi Revised Statutes regarding Environmental Impact Statements as
there is no work proposed within the either the Conservation District or the Shoreline
Setback Area.
STATE AND COUNTY PLANS
6. State Land Use Designation: Urban.
7. General Plan LUPAG MAP: Open (ope).
8. County Zoning: Single-Family Residential 15,000 square feet (RS-15)
9. Kona Community Development Plan (KCDP): The Kona Community Development
Plan was adopted by the Hawaiʻi County Council by Ordinance No. 18-131 on
September 25, 2008.
10. Special Management Area (SMA): The entire project area is located within the Special
Management Area (SMA) as well as located within the “shoreline area” as defined by
section 205A-41, Hawai‘i Revised Statutes (HRS). The applicant received a shoreline
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certification from the Department of Land and Natural Resources which delineated the
shoreline as of January 13, 2024.
DESCRIPTION OF PROJECT AREAS AND SURROUNDING AREA
11. Subject Project Area: The landscape of the project area, located within the Kona Bay
Estates subdivision along the coastline of Kailua Bay, is characterized by a relatively flat,
previously graded parcel with minimal elevation variation—only about nine inches across
the buildable area. The parcel sits at an elevation between 9.7 and 10.45 feet above sea
level and encompasses approximately 0.3446 acres. Its surface consists primarily of thin
layers of sand, coral, marine shell fragments, small to medium-sized cobbles, and
exposed pāhoehoe lava bedrock from an ancient Hualālai eruption. There is no native
vegetation within the buildable area; however, a maintained hedge of naupaka (Scaevola
sericea) and heliotrope is present just outside the public access sidewalk along the
southern boundary of the lot.
12. Surrounding Land Zoning/Uses: The area surrounding the project site is primarily
residential in character, situated within the Kona Bay Estates subdivision, which is zoned
RS-15 (Residential Single-Family, 15,000 square feet) by the County of Hawai‘i. Of the
40 lots in the subdivision, 34 are already developed with single-family homes, creating a
low-density, established residential environment. To the north of the subject parcel lies
Kona Bay Drive, the main access road through the subdivision. To the west, the parcel is
bordered by a developed residential lot, while to the east, it abuts an undeveloped but
previously graded residential lot. To the south, the lot is adjacent to an undeveloped strip
of shoreline, composed of pahoehoe lava rock and tidal pools, which forms part of the
open coastal zone. In the broader vicinity, to the south and east of the subdivision, is the
Old Kona Airport State Recreation Area, which is zoned Limited Industrial and serves as
a major public recreational space. Offshore, the adjacent waters are part of a Marine Life
Conservation District, indicating a heightened level of environmental protection for
marine resources in the area. The project site is therefore located within a mixed-use
coastal setting, but its immediate surroundings are dominated by residential land uses
consistent with the RS-15 zoning.
13. Soil Type: The ground surface in this area consists of a thin soil layer, predominately
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accumulated via previous clearing and grading of the parcel. The soil designation for this
area is “Lava Flows (2-20% Slope)” which indicates little soil development and little
vegetative cover.
14. Land Study Bureau's Detailed Land Classification System: The project site is listed
as unclassified.
15. Flood Insurance Rate Map (FIRM): The subject property is designated as Zone D and
Zone AE (with a base flood elevation of 10 feet) on the Flood Insurance Rate Maps
(FIRM). All development and habitable structures will occur within the Zone D portion,
above 10 feet in elevation.
16. Flora/Fauna Resources: The floral and faunal resources of the project site are limited
due to prior grading and the parcel’s location within a developed coastal subdivision. As
noted in the Special Management Area Use Permit application, no vegetation is present
within the buildable area of the subject parcel. The only plant life observed is a
maintained hedge of naupaka (Scaevola sericea) and heliotrope located to the west of the
public shoreline access sidewalk, outside of the proposed development footprint. A
review conducted for the application confirmed that no rare, threatened, or endangered
plant species are present on the site. In terms of fauna, the project area hosts common
non-native animal species, including birds such as the Japanese white-eye (Zosterops
japonicus) and the mynah (Acridotheres tristis), along with introduced mammals like the
mongoose (Herpestes auropunctatus) and domestic pets. Some native waterbirds, such as
the ulili (Heteroscelus incanus) and kolea (Pluvialis fulva), are known to frequent the
rocky shoreline and tidepools makai of the parcel, though not within the actual
development site. No bird habitats of high conservation value exist on the parcel itself.
The application did not identify any critical floral or faunal resources at risk from the
proposed development. All runoff from the proposed residence is to be contained on-site,
further reducing the likelihood of any negative effect on adjacent marine or terrestrial
ecosystems.
17. Archaeological Resources: The archaeological resources of the project site have been
thoroughly reviewed as part of the Special Management Area (SMA) Use Permit
application process. According to the documentation submitted, the subject parcel has
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been the focus of both historical and recent archaeological investigations, including a
comprehensive field inspection conducted on January 12, 2025, by Dr. William Gardner,
a Senior Archaeologist with ASM Affiliates. During this inspection, the entire 0.3446-
acre parcel was visually assessed using systematic north-south pedestrian transects
spaced at three-meter intervals to ensure 100% surface coverage. The survey found no
archaeological sites, features, or cultural deposits present within the project area. The
parcel was previously graded during subdivision development in 1985, leaving a flat
surface composed of thin soil layers and pāhoehoe bedrock, with no naturally occurring
deposits that might contain buried cultural materials. The inspection confirmed that even
the small area of natural terrain makai of the public access sidewalk—where no
development is planned—contained no archaeological significance. This conclusion is
supported by prior studies, including work conducted in the early 1980s during the
original development of the Kona Bay Estates subdivision. These earlier studies also
found no cultural resources within the subject parcel, and subsequent surveys confirmed
that the nearest identified archaeological features and burials were located well outside of
the project site, primarily in other areas of the subdivision or further along the coastline.
18. Cultural/Historic Resources: The assessment of cultural and historic resources for the
subject parcel was conducted as part of the Special Management Area (SMA) Use Permit
application and is detailed in a Cultural Analysis prepared by ASM Affiliates, dated
February 14, 2025. The study determined that the project area does not contain any
known cultural or historic sites. Historically, a segment of the ancient ala loa coastal trail
is believed to have traversed the general area. However, due to subdivision development,
this traditional route has been replaced with a dedicated shoreline access easement
located along the makai boundary of the property. The preservation of this access path
ensures that traditional shoreline use by the public remains intact, thus maintaining the
spirit and function of the historic trail without impacting the proposed development. No
evidence was found indicating that the site is currently or historically used for gathering,
ceremonial, or religious purposes by Native Hawaiians, nor were any cultural practices or
historic sites identified within the project footprint. While cultural activities such as
fishing and marine gathering continue along the shoreline outside the project area, the
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proposed residence will not obstruct or interfere with these practices. The site itself does
not contain or abut any designated historic landmarks or cultural properties.
19. Recreational/Scenic and Open Space Resources: The subject parcel is located within
the Kona Bay Estates subdivision and fronts a strip of shoreline adjacent to Old Kona
Airport State Recreation Area. A critical recreational feature associated with the property
is a four-foot-wide public access easement along the makai edge of the lot, which forms
part of a shoreline walking path connecting Keiki Ponds to the Old Airport Recreation
Area. This pedestrian pathway is heavily utilized by residents and visitors for walking,
sightseeing, shoreline fishing, and general coastal recreation. The project proposal
explicitly states that this public access path will remain open and fully accessible
throughout construction and after the home is completed. No development is proposed
makai of the sidewalk, and shoreline access will not be impeded in any way. This ensures
that recreational activities along the coast, such as sunbathing, swimming, and fishing,
can continue unimpeded. In terms of scenic resources, the project area is minimally
visible from public vantage points, such as the Old Kona Airport outdoor hockey rink and
distant viewpoints beyond tall vegetation. The proposed residence, consistent with
surrounding single-family homes, is designed to blend with the character of the
neighborhood and will not obstruct significant public views toward the ocean. Moreover,
the parcel is located in a developed subdivision where scenic corridors are already framed
by existing residences and landscaping. Regarding open space, the project adheres to all
required setbacks and density regulations, preserving the visual and physical sense of
openness consistent with the RS-15 zoning district and surrounding land use. No portion
of the development encroaches upon designated shoreline setback areas, and no public
open spaces are being converted or diminished as part of the project.
20. Coastal Hazards: The subject property lies within FEMA-designated Flood Zones D and
AE-10, as indicated on the Flood Insurance Rate Map (FIRM). Zone D denotes areas
where flood hazards are undetermined but possible, while Zone AE-10 represents areas
subject to inundation by the 1% annual chance flood, with a base flood elevation of 10
feet. However, all habitable structures associated with the proposed residence will be
located within the higher elevation Zone D, which is above the AE-10 base flood level,
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thereby reducing potential exposure to flood damage. Additionally, the site is located
within a Tsunami Evacuation Zone, as defined by the Hawai‘i Emergency Management
Agency. As such, the property is subject to evacuation in the event of a tsunami warning.
In the event of a tsunami, residents of the proposed residence would evacuate by
traveling mauka (inland) via Kona Bay Drive, then turning onto Kuakini Highway. From
there, they would continue uphill to reach areas outside the tsunami evacuation zone,
ideally above 100 feet elevation. Recommended evacuation points include locations like
Kealakehe High School or other inland areas beyond Queen Kaʻahumanu Highway.
While occasional overtopping of the shoreline walking path (located makai of the
development area) during high wave or storm events may result in localized flooding, this
is expected to be minor. Any such flooding would likely affect only the landscaping or
peripheral features within the confines of the existing rock walls that frame the property.
The design of the residence and the associated infrastructure will follow appropriate
building code requirements for structures located in flood-prone areas, including
elevation and drainage design to minimize flood-related impacts. Importantly, the
development does not include any structures within the shoreline setback area, and no
construction staging or activities will occur makai of the public access sidewalk. The
application notes that runoff will be fully managed on-site to prevent contamination of
nearshore waters and coastal ecosystems.
PUBLIC UTILITIES AND SERVICES
21. Access: The site is accessed from Kona Bay Drive, a private roadway that extends
approximately 0.7 miles from Kuakini Highway through the gated Kona Bay Estates
subdivision to the subject parcel.
22. Water: Potable water for the proposed residence will be supplied through a connection to
the existing municipal water infrastructure already established within the Kona Bay
Estates subdivision. The subdivision is serviced by the County of Hawai‘i Department of
Water Supply, and utility connections, including water, are already available at the
project site and ready to serve the new home.
23. Wastewater: Wastewater for the proposed residence will be serviced through a
connection to the existing sewer system within the Kona Bay Estates subdivision. The
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property will be tied into public sewer lines running along Kona Bay Drive, which are
part of the established utility infrastructure in the area. All wastewater generated by the
residence, including from bathrooms, kitchen, laundry, and the spa, will be directed to
this municipal sewer system, ensuring proper treatment and disposal in accordance with
County of Hawai‘i regulations.
24. Other Essential Utilities and Services: Electricity, telephone, and internet services are
available to the site.
AGENCIES' COMMENTS
25. State Department of Health: (Planning Department Exhibit 2 – April 1, 2025,
Memo).
26. Hawaii County Police Dept.: (Planning Department Exhibit 3 – April 9, 2025,
Memo).
27. State Office of Planning and Sustainable Development (OPSD): (Planning
Department Exhibit 4 – April 15, 2025, Letter).
AGENCIES - NO RESPONSE
28. County Dept. of Public Works – Engineering & Building; County Dept. of Water
Supply; County Dept. of Environmental Management, County Fire Dept.; DLNR-
ENG/DOFAW/Land/SHPD.
PUBLIC COMMENTS
29. Nicole and Frank Tobias: (Planning Department Exhibit 5 – April 20, 2025, Email)
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
Type or legibly print the requested information)
APPLICANT:
APPLICANT'S SIGNATURE: DATE:
ADDRESS:
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) Res.)Fax)
LANDOWNER(S):
LANDOWNER SIGNATURE(S):DATE:
May be by letter)
LANDOWNER(S) ADDRESS:
REQUEST:
TAX MAP KEY: ZONING:
SIZE OF PROPERTY OR AFFECTED AREA(S):
AGENT:
ADDRESS:
TELEPHONE:(Bus.) Res.)Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: COPIES:
David Ebenal
75-5436 Kona Bay Drive
Kailua-Kona, HI. 96740
3603190898
David & Bonita Ebenal
PO Box 31548
Bellingham, WA. 98228-3548
New construction of a single-family residence
New construction of a single-family residence
(3) 7-5-005-094-0000 RS-15
15,009 SF
Winton Nicholson, Nicholson LLC
75-118 Lunapule Road
Kailua-Kona, HI. 96740
(808) 331-1511 (808) 331-1511 (808) 331-1511
David & Bonita Ebenal Winton Nicholson, Nicholson LLC
Docusign Envelope ID: 96FC3EC6-2312-4E8E-BB7C-3F05CDEB11C8
3/4/2025
3/4/2025
February 10, 2025
SMA Major Use Permit Application, Background Information, TMK: (3)7-5-005:094
Page 1 of 9
Special Management Area Major Use Permit Application
Background Information on the Subject Request
Applicant: David and Bonita Ebenal
TMK: (3)7-5-005:094
A. Detailed written description of the proposed project and a statement of objectives
and reasons for the request.
Description of Proposed Project
The applicants, David and Bonita Ebenal, are submitting an application for a Special Management Area
Use Permit to construct a two-story, 4,942-square foot single-family residence on a 0.3446-acre parcel
within the SMA boundary. The proposed residence will include four bedrooms, four-and-a-half
bathrooms, two single-car garages, a lanai, and a 12-by-22-foot spa. The subject property is located
within the Lanihau Point Subdivision of Kona Bay Estates at 75-5436 Kona Bay Drive in North Kona,
approximately 0.7 miles from the intersection of Kona Bay Drive and Kuakini Highway. The Tax Map
Key for the parcel is (3)7-5-005:094.
Statement of Objectives and Reason for Request
1. Request: The Ebenal’s seek a SMA Use Permit to build a single-family residence on a 0.3446-
acre shoreline property located within the Lanihau Point Subdivision of Kona Bay Estates in
Kailua-Kona on the Island of Hawai’i. The two-story home would have 4,467 square feet of
interior space, with four bedrooms and four-and-a-half bathrooms, and various other rooms.
Together with the two single-car garage, a lanai, and a swimming pool, the Total Development
Area for the residence is 4,942-square feet. The home will be connected to existing utility lines
already established within Kona Bay Estates subdivision.
2. Project Objective: 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 construction is $2,900,000. The project
would be initiated after completion of the final design and the granting of all necessary permits.
4. Landowner: David and Bonita Ebenal.
February 10, 2025
SMA Major Use Permit Application, Background Information, TMK: (3)7-5-005:094
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B. Description of the subject property in sufficient detail to precisely locate the
property. Describe existing uses, structures, and topography.
Description of Subject Property
The subject property is along the shoreline in Lanihau Point and Kona Bay Estates in Kailua-Kona on the
Island of Hawai’i. It is located west of the Old Kona Airport State Recreation Area within a previously
developed, gated subdivision on the coast of Kailua Bay. It is a part of the Regional Center, Urban Core
per the Kona Community Development Plan and is zoned Residential Single Family, 15,009-square feet
(RS-15) by the County of Hawai’i. The parcel is identified as TMK: 3-7-5-005-094-0000, also known as
Lot 2 of the Lanihau Point subdivision, Lanihau 2nd Ahupua’a, North Kona District, Island of Hawai’i.
Existing Uses
The subject parcel is bounded to the west by a developed residential parcel, to the north by Kona Bay
Drive, to the east by an undeveloped (but previously graded) residential parcel, and to the south by an
undeveloped strip of pahoehoe coastline that fronts the Kona Bay Estates subdivision at the coast. A
four-foot-wide easement for public shoreline access is located at the makai side of the lot and connects
Lanihau and Kona Bay Estates to the beach adjacent to the subdivision, Old Kona Airport State
Recreation Area. An additional thirty-foot easement exists on the eastern side of the lot for road and
utility purposes. Kona Bay Drive extends through this easement. The proposed development will not
suspend or affect public shoreline access or traffic at Kona Bay Drive, the private thoroughfare.
Existing Structures
Modern rock walls exist on site, present along the northern and western boundaries of the parcel, built to
delineate parcel lines for the Kona Bay Estates subdivision. There is a concrete sidewalk within a four-
foot-wide easement for public shoreline access. Additionally, Kona Bay Drive extends through the
subject property within the mauka-side road and utility easement.
Existing Topography
The property is relatively level since extensive grading has already occurred on the property during the
preparation for the Kona Bay Estates subdivision. The surface of the subject property is relatively flat,
consisting of thin soil accumulations, sand, coral, marine shell, small to medium-sized cobbles, and
exposed bedrock within some portions of the buildable area. The change in elevation from the highest to
lowest point within the buildable area is nine inches. No vegetation is present within the buildable area of
the subject parcel.
February 10, 2025
SMA Major Use Permit Application, Background Information, TMK: (3)7-5-005:094
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C. A statement of the valuation of the proposed use, activity, or operation.
The valuation of the proposed development, the new construction of a single-family residence is
$2,900,000.
D. State/County Plans affecting the subject request: General Plan designation and
Community Development Plans.
State Land Use Commission
The property is located within the State Land Use “Urban” Zone district, which encompasses areas
characterized by city-like concentrations of people, structures, and services. The subject property is a
graded lot within the established Kona Bay Estates subdivision, consisting of 36 existing residences. This
neighborhood is a concentrated area of development adjacent to the center of town. It is a 20-minute walk
or a 5-minute drive from the subject parcel to the Kailua Pier. The proposed project aligns with the
regulations and intent of the “Urban” zone designation.
County Zoning
The parcel is zoned as Residential Single Family, 15,000-square feet (RS-15) by the County of Hawai’i.
This zoning classification (RS-15) is defined as a Single-Family Residential District where the minimum
building site area is 15,000-square feet. The subject parcel has a building site of 15,009-square feet. The
proposed single-family residence complies with all applicable building and shoreline setback
requirements and is consistent with the lot's RS-15 zoning designation. Furthermore, the development
will not exceed the intended density permitted under this zoning.
Hawaii County General Plan
The Hawaii County General Plan contains goals, policies, standards, and the Land Use Pattern Allocation
Guide (LUPAG) Map. On the current LUPAG map, which depicts long-term land use for the islands, the
subject parcel is designated as Open (Ope). According to the 2005 Hawaii General Plan, Open Land Use
is defined as “parks and other recreational areas, historic sites, and open shoreline areas.” This
designation aligns with the existing development of Kona Bay Estates, which is oriented towards public
recreation and use. A makai-side easement extends along the shoreline lots within the subdivision,
providing a pedestrian pathway connecting the Keiki Ponds to the Old Airport Recreation Area. This path
is frequently used by both locals and tourists, serving as a thoroughfare as well as a space to observe tidal
pools and fish from the coastline (outside of the project area).
February 10, 2025
SMA Major Use Permit Application, Background Information, TMK: (3)7-5-005:094
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In keeping with the other established residences of the Kona Bay Estates, the proposed new development
is designed around the public connection to the shoreline and will not hinder access to it. The four-foot
makai-side easement providing shoreline access will remain open and accessible throughout construction
and after the project is completed.
The goals for Open Land Use spaces are to “provide and protect open space for the social, environmental,
and economic well-being of the County of Hawaii and its residents” and to “protect designated natural
areas.” The proposed development supports these goals by maintaining public access to the coastline and
ensuring that the natural environment is preserved while managing engagement with the shoreline.
Community Development Plans – North Kona
The subject parcel is located in North Kona. The Community Development Plans for the area of North
Kona are as follows, “preserving the diverse coastlines, protected nearshore waters, open space, and vast
untouched upland landscapes.” Additionally, one of the guiding principles of the Kona Community
Guidelines is to “direct future growth patterns toward compact villages, preserving Kona’s rural, diverse,
and historical character.”
The proposed development is in accordance with the Community Development Plans as it is situated
within a designated, subdivided lot, surrounded by existing single-family residences. It does not disrupt
untouched landscapes or the natural environment. Additionally, no portion of the development is planned
within the shoreline setback, ensuring the preservation of the coastline.
The proposed development preserves recreational access to the shoreline through the exsisting pedestrian
path. It supports the vision of the Community Development Plan to establish an Open Space Network
Program, which aims to provide opportunities for subsistence, recreational, and educational activities.
By maintaining the shoreline path connecting Keiki Ponds to the Old Airport State Recreation Area,
the development contributes to a network of open spaces that foster public engagement with these
activities. This frequently used path highlights how Kailua Village urban setting can coexist with
Hawai’i’s natural areas, offering access in a way that is thoughtfully designed to minimize environmental
impact.
February 10, 2025
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E. A written statement discussing the proposed development in relationship to the
objectives and policies as provided by Chapter 205A, HRS, and the Special
Management Area guidelines as contained herein.
The subject property is located within the Special Management Area (SMA). The proposed land use
complies with provisions and guidelines contained in Chapter 205A, Hawai’i Revised Statutes (HRS),
also known as the Coastal Zone Management Act. The proposed development is consistent with the
objectives of Chapter 205A, as it will not adversely impact historic resources, scenic and open space
resources, coastal ecosystems, economic uses, coastal hazards, or public access to recreational areas, as
summarized below.
1. Recreational Resources: The subject property is a coastal parcel situated between roughly nine
and eleven feet above mean sea level. The proposed development will be a private residence that
will not be considered a recreational resource. The existing shoreline walking path makai of the
proposed residence will remain open and accessible throughout construction and after the
project’s completion. Hikers, sunbathers, and fishers who utilize the shoreline and the shoreline
path makai of the site will be able to continue their activities without disruption. The proposed
development will not impact the recreational resources of the area in any way.
2. Historic Resources: An archaeological inventory survey of the project site was conducted prior to
subdivision and grading, and no sites appear to be present on the surface. The area of
development proposed was already excavated once, and there was no evidence of historic
properties. Please see the attached letter request for a State Historic Preservation Division
determination of “no historic properties affected” associated with the proposed development. The
site is not used for gathering, ceremonial or other cultural purposes by Native Hawaiians,
indicating minimal potential for cultural impact. Cultural practices in the area, such as fishing and
gathering of marine resources along the shoreline makai of the property, will not be restricted or
disrupted by the construction of the proposed residence.
February 10, 2025
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3. Scenic and Open Space Resources: The guidelines outlined in Rule 9 of the Hawai’i County
Planning Commission Rules, which govern the SMA, express the intent to minimize
development that would “substantially interfere with or detract from the line of sight toward the
sea from the State Highway nearest the coast or from other scenic areas identified in the General
Plan.” The proposed project site is minimally visible from public vantage points, including the
view through the Outdoor Hockey Rink at Old Airport State Recreation Area and the tall trees
beyond it. The proposed project will not impact scenic or open space resources. Furthermore,
the proposed single-family residence is consistent with the character and use of other homes
along this section of the shoreline.
4. Coastal Ecosystems: The subject property adjacent to the shoreline. The design of the proposed
residence, along with compliance with construction permit conditions, will minimize any
potential impacts to coastal resources. All mandated setbacks and government regulations related
to runoff and nearshore waters will be adhered to. No threated or endangered animal or plant
species are present. No adverse impacts to flora, fauna, or ecosystems are anticipated as a result
of the proposed development or its associated activities.
5. Economic Uses: The proposed residence is expected to have minimal impact on the broader
socioeconomic environment. The project aligns with the County’s RS-15 zoning designation
for the property. Given the context of this area in North Kona, the economic impact of the
development is anticipated to be minor.
6. Coastal Hazards: The subject property is designated as Zone D and Zone AE-10 on the Flood
Insurance Rate Maps (FIRM). All development and habitable structures are planned for the Zone
D portion, situated above an elevation of 10-feet. Occasional overtopping of the raised makai
shoreline path could cause localized flooding in the development area. This may result in some
damage to landscaping and the residence within the confines of the raised path and modern rock
walls. However, significant impacts to water quality or coastal processes are unlikely.
F. Surrounding zoning and land uses.
The surrounding area is characterized by single-family residential structures within Kona Bay Estates,
which is zoned RS-15. This shoreline neighborhood consists of 40 lots, 34 of which are developed with
single-family residences. Adjacent to the subdivision is Old Kona Airport State Recreation Area, zoned
as a Limited Industrial District. The ocean off the coast of the shoreline is considered a Marine Life
Conservation District.
February 10, 2025
SMA Major Use Permit Application, Background Information, TMK: (3)7-5-005:094
Page 7 of 9
G. Flood Insurance Rate Map (FIRM) designation (contact Department of Public
Works – Engineering Division)
The subject parcel is within Zone D and Zone AE. Please see the attached FHAT Report showing FIRM
designation.
H. Archaeological Resources
Please see the attached letter request for a State Historic Preservation Division determination of “no historic
properties affected” associated with the proposed development. The request letter was prepared by William
Gardner, Senior Archaeologist of ASM Affiliates, dated February 10, 2025.
I. Floral and Faunal Resources
Since the subject property has previously been graded and there is no vegetation within the building area,
no floral resources will be affected by the proposed development. The only vegetation present within the
project area is a maintained hedge of naupaka (Scaevola sericea) and heliotrope located to the west of the
public access sidewalk. No rare, threatened, or endangered plant species are present on site. Animals
likely to be on the project site are non-native birds such as Japanese White-eye (Zosterops japonicus) and
Mynah (Acridotheres tristis) and the alien mammal mongoose (Herpestes auropunctatus), along with
domestic cats and dogs. Common native waterbirds such as ulili (Heteroscelus incanus) and kolea
(Pluvialis fulva) utilize the rocky shelf and tidepools makai of the project site. In terms of conservation
value, however, no valuable bird habitat is present on the project site itself. The ocean off the coast of the
shoreline is considered a Marine Life Conservation District. All runoff from the proposed development is
to be contained on site. No adverse impacts to floral and faunal resources on the subject parcel and
surrounding environment are anticipated.
J. Valued Cultural Resources: Identify any traditional and customary native Hawaiian rights
that are exercised in the area; the extent in which the proposed development will affect
these rights; and feasible action to be taken to protect native Hawaiian rights if they exist.
Please see Cultural Analysis study prepared by William Gardner, Senior Archaeologist of ASM Affiliates
attached, dated February 27, 2025.
February 10, 2025
SMA Major Use Permit Application, Background Information, TMK: (3)7-5-005:094
Page 8 of 9
K. Public Access: Existing public access to and along the shoreline or to mountain areas and
knowledge of whether public access is being used.
Existing public access to the shoreline is available through three designated access points within Lanihau
and Kona Bay Estates, the subdivision of the subject parcel. These access points lead to ‘Keiki Pond,’ a
large tidal pool, and a paved walking path along the shoreline. The paved walking path stretches from the
Keiki Pond to the Old Airport State Recreation Area, extending through the makai side of the subject
parcel. The shoreline, characterized by lava rock, tidal pools, and patches of white sand, is popular with
fishers, swimmers, sunbathers, and hikers. While Kona Bay Estates is a private community, public access
to the shoreline is available via the makai side of a public baseball and football field north of the subject
parcel. The nearest public entry point to the walking path from the subject parcel is a shoreline access
point located nine parcels to the south. Additional access to the walking path is available from the Old
Airport State Recreation Area, two parcels north of the subject parcel. The shoreline access points and
shoreline walking path will not be impacted by the proposed project.
I. Description of access(es) to the area (e.g. width, type of surface and condition of roadway).
If a private roadway, submit evidence of access rights.
The subject parcel is accessible via Kona Bay Drive, a partially private road that begins at Kuakini
Highway and extends approximately 0.7 miles, terminating in front of the subject parcel. The roadway
easement for Kona Bay Drive is typically thirty feet wide, with an eighteen-foot-wide asphalt road that is
well maintained. The subject parcel, located near the end of Kona Bay Drive, is the third to last residence
within Kona Bay Estates. The subject parcel has a roadway and utility easement that is fifty-three feet
wide. The roadway is a double lane thoroughfare, with one lane going in each direction. Kona Bay Drive
becomes a private road at the entrance to the Kona Bay Estates subdivision, which features a gatehouse
with an attendant. Evidence of access rights to Kona Bay Drive is attached for reference.
J. Traffic impacts – assessment of existing traffic conditions, anticipated increase in traffic
and traffic impacts from proposed use (a formal study may be requested by Department of
Public Works or Department of Transportation during the review process).
The proposed development, a single-family dwelling, is expected to have minimal traffic impact. The
design includes a two single-car garage. Kona Bay Drive, a private road, will not experience traffic
increases from the addition of the proposed residence.
Kona Bay Drive connects to Kuakini Highway, a County Collector-Major roadway. The proposed
development, a single-family dwelling, will not attract a detrimental amount of traffic to environmentally
sensitive areas that are not designed to support a greater frequency of visitors. Additionally, the subject
property is located within the Kona Urban Area and is within walking distance of town.
February 10, 2025
SMA Major Use Permit Application, Background Information, TMK: (3)7-5-005:094
Page 9 of 9
K. Availability of Utilities: Water, telephone, electricity, sewage disposal.
The proposed development is located within an established neighborhood with existing utility
infrastructure. Connections for water, telephone, electricity, and sewage disposal are already in place on
the project site and ready to serve the proposed residence.
L. In the case of an applicant whose proposed development has been assessed, any information
as to the areas of critical concern delineated by the director.
The Planning Director's review of the proposed development under the Special Management Area (SMA)
Assessment did not identify any critical areas of concern. The following notes regarding SMA
Determination were included in the Planning Director’s letter:
Pursuant to Planning Commission Rule 9-4(r) relating to the Special Management Area: “Special
Management Area Use Permit” means an action by the Commission authorizing development, the
valuation of which exceeds $500,000 or which may have a cumulative impact, or a substantial adverse
environmental effect on the Special Management Area.
According to the Planning Commission Rule 9-10(f): The Director shall declare that a Special
Management Area Use Permit is required if it is found that the proposed use, activity, or operation has a
valuation in excess of $500,000 or may have a substantial adverse effect on the SMA. Should a
determination be made that the proposed use, activity, of operation requires a Special Management Area
Use Permit, the applicant shall submit such application in accordance with Section 9-11.
The project valuation is $2,900,000, which exceeds $500,000, requiring the application of a Special
Management Area Major Use Permit.
BASEMAP: FIRM BASEMAP
Flood Hazard Assessment Report
www.hawaiinfip.org
SMA Major
Property Information Notes:
COUNTY: HAWAII
TMK NO: (3) 7-5-005:094
WATERSHED: WAIAHA
PARCEL ADDRESS: ADDRESS NOT DETERMINED
KAILUA KONA, HI 96740
Flood Hazard Information
LETTER OF MAP CHANGE(S): NONE
THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: YES FOR MORE INFO, VISIT: http://www.scd.hawaii.gov/
THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO FOR MORE INFO, VISIT: http://dlnreng.hawaii.gov/dam/
0 40 80 ft
Disclaimer: The Hawaii Department of Land and Natural Resources (DLNR) assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are responsible for verifying the accuracy of the information and agree to indemnify the DLNR, its officers, and employ- ees from any liability which may arise from its use of its data or information.
If this map has been identified as 'PRELIMINARY', please note that it is being provided for informational purposes and is not to be used for flood insurance rating. Contact your county floodplain manager for flood zone determina- tions to be used for compliance with local floodplain management regulations.
FLOOD HAZARD ASSESSMENT TOOL LAYER LEGEND
(Note: legend does not correspond with NFHL)
SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (100- year), also know as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. SFHAs include Zone A, AE, AH, AO, V, and VE. The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance purchase applies in these zones:
Zone A: No BFE determined.
Zone AE: BFE determined.
Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding);
BFE determined.
Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined.
Zone V: Coastal flood zone with velocity hazard (wave action); no BFE determined.
Zone VE: Coastal flood zone with velocity hazard (wave action);
BFE determined.
Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE.
NON-SPECIAL FLOOD HAZARD AREA - An area in a low-to-moderate risk flood zone. No mandatory flood insurance purchase requirements apply, but coverage is available in participating communities.
Zone XS (X shaded): Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood.
Zone X: Areas determined to be outside the 0.2% annual chance floodplain.
OTHER FLOOD AREAS
Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance purchase apply, but coverage is available in participating commu- nities.
February 10, 2025
SMA Major Use Permit Application, Anticipated Impacts, TMK: (3)7-5-005:094
Page 1 of 3
Special Management Area Major Use Permit Application
Anticipated Impacts of Subject Request on the SMA
Applicant: David and Bonita Ebenal
TMK: (3)7-5-005:094
A. Description of environmental setting
The subject parcel is located along the coastline of Kailua Bay within Lanihau 2nd Ahupua’a in the gated
subdivision, Kona Bay Estates. The subject parcel is zoned Residential Single Family, 15,000 square feet
(RS-15) by the County of Hawai’i. The parcel is designated as Open (ope) by the Hawai’i County General
Plan Land Use Pattern Allocation Guide (LUPAG) Map and designated Urban by the State Land Use
Commission. The proposed development of a single-family dwelling is consistent with the use and
density of its zoning.
The subject parcel is 0.3446-acre, bounded to the west by a developed residential parcel, to the north by
Kona Bay Drive, to the east by an undeveloped (but previously graded) residential parcel, and to the south
by an undeveloped strip of pahoehoe coastline that fronts the Kona Bay Estates subdivision. The climate
in this part of Kona is hot and dry, averaging between twenty and thirty inches of rain annually, with a
mean annual temperature of approximately seventy-six degrees Fahrenheit.
The subject parcel was previously mechanically cleared and modern stone walls were built at the front
and sides of the parcel by the subdivision, Kona Bay Estates, to delineate lot lines. A four-foot-wide
easement for public shoreline access is located along the makai side of the parcel with a concrete
sidewalk connecting to the beach adjacent to the subdivision, Old Kona Airport State Recreation Area.
The lot is relatively flat with elevations within the buildable area ranging between 9.7’ and 10.45’. A
mixture of sand and gravel sits atop the entirety of the site (typically less than five centimeters thick)
overlaying previously graded (bulldozer tracked) pahoehoe bedrock. The only vegetation present within
the project area is a maintained hedge of naupaka (Scaevola sericea) and heliotrope located makai of the
public access sidewalk. Beyond the public access sidewalk, makai, and outside of the project area, the
shoreline is characterized by lava rock, tidal pools, and patches of white sand. No development is
proposed in this area. The shoreline path and area within the shoreline setback are to remain untouched
during the proposed construction and afterwards.
An additional easement exists on the mauka-side of the lot for road and utility purposes. Kona Bay Drive
extends through and ends at this road and utility easement.
February 10, 2025
SMA Major Use Permit Application, Anticipated Impacts, TMK: (3)7-5-005:094
Page 2 of 3
B. The relationship of the proposed action to land use plans, policies, and control of the
affected area
The surrounding area is characterized by single family residential structures within the Kona Bay Estates,
also zoned RS-15. Adjacent to the subdivision is Old Kona Airport State Recreation Area, zoned as
limited Industrial District. The ocean off the coast of the shoreline is considered a Marine Life
Conservation District. The proposed design for a single-family dwelling is consistent with the Hawai’i
County General Plan and the Zoning Code. The proposed project will not create greater density than
zoning intends.
C. The probable impact of the proposed actions on the environment
A possible impact of the proposed development on the environment could include runoff during
construction and from the proposed development. To prevent this possible impact on the nearshore
fisheries, which are a valued cultural resource and are associated with customary native Hawaiian
subsistence practices, all waste that will be generated from construction, sewage, landscaping runoff, pool
and other household waste will be disposed of properly to prevent runoff from entering the nearshore
fisheries. All construction waste will be hauled away and disposed of off-site. The proposed single-family
dwelling will connect to existing sewer lines along Kona Bay Drive. No staging of materials will occur
within the shoreline setback.
D. Any probably adverse environmental effect which cannot be avoided
The granting of this request will not have any adverse environmental or ecological effects on the area.
Runoff and erosion will be contained and managed on site. The proposed project will not reduce public
access to the beaches or shoreline. The coastal access walkaway would remain open and accessible
through construction and after the project is completed.
The proposed project will not have a negative impact to the view from the public way to the shoreline.
The shoreline is minimally visible from the vantage point of the public way, which looks through the
outdoor Hockey Rink at Old Airport State Recreation Area as well as tall trees beyond it.
A. Alternatives to the proposed action
Since the proposed project does not anticipate any adverse impacts on the SMA or surrounding
environment, we find this design to be the most optimal option. No alternatives are sought.
February 10, 2025
SMA Major Use Permit Application, Anticipated Impacts, TMK: (3)7-5-005:094
Page 3 of 3
B. Mitigating measures proposed to minimize impact
Since the proposed project does not anticipate any adverse impacts on the SMA or surrounding
environment, we find this design to be the most optimal option. No adverse impacts to minimize are
anticipated.
C. Any irreversible and irretrievable commitment of resources
No irreversible and irretrievable commitment of resources are anticipated with this request.
SPECIAL MANAGEMENT AREA USA PERMIT APPLICATION
OWNERS AND LESSES OF SURROUNDING PROPERTIES
TMK: (3)7-5-005:094
The subject property is located within the State Land Use Urban District. The list below are the owners
and lessees of record for all lots within three hundred feet (300’) of the perimeter boundary of the subject
property (TMK: 3750050940000)
• TRIVETT, MARK DONOVAN
75-5432 Kona Bay Drive
Kailua-Kona, HI 96740
TMK: 3750050960000
Mailing Address
TRIVETT,MARK DONOVAN
174 POWERS DR
EL DORADO HILLS CA 95762 4495
• OLD AIRPORT LLC
75-5434 Kona Bay Drive
Kailua-Kona, HI 96740
TMK: 3750050950000
Mailing Address
OLD AIRPORT LLC
PO BOX 3223
EL MONTE CA 91733 0223
• LAWRENCE, JOHN/LINDA TRST
75-5438 Kona Bay Drive
Kailua-Kona, HI 96740
TMK: 3750050680000
Mailing Address
LAWRENCE,JOHN/LINDA TRST
PO BOX 3223
SOUTH EL MONTE CA 91733
• MOORE LP
75-5440 Kona Bay Drive
Kailua-Kona, HI 96740
TMK: 3750050920000
Mailing Address
MOORE LP
75-5440 KONA BAY DR
KAILUA KONA HI 96740 3140
• KONA HOLDINGS LLC
75-5442 Kona Bay Drive
Kailua-Kona, HI 96740
TMK: 3750050420000
SPECIAL MANAGEMENT AREA USA PERMIT APPLICATION
OWNERS AND LESSES OF SURROUNDING PROPERTIES
TMK: (3)7-5-005:094
Mailing Address
KONA HOLDINGS LLC
75-5442 KONA BAY DR
KAILUA KONA HI 96740 3140
• STATE OF HAWAII*
75-5500 Kuakini Highway
Kailua-Kona, HI 96740
TMK: 3750050830000
• STATE OF HAWAII*
75-5560 Kuakini Highway
Kailua-Kona, HI 96740
TMK: 3750050070000
*Notice letters for the properties owned by the State of Hawai’i are to be sent to DLNR, Land Division at
the following address, under the advisement of Tracie-Lee Camero, Planning Department:
Department of Land and Natural Resources
Land Division
1151 Punchbowl Street, Room 220
Honolulu, HI 96813
ASM Project 47750
February 27, 2025
Susan Lebo, Ph.D.
Archaeology Branch Chief
DLNR-SHPD
601 Kamokila Blvd., Rm.555
Kapolei, Hawaii 96707
Email: susan.a.lebo@hawaii.gov via HICRIS
Subject: Request for a State Historic Preservation Division determination of “no historic
properties affected” associated with the proposed development of a single-family
residence on TMK: (3) 7-5-005:094, Lanihau 2nd, North Kona, Hawaiʻi.
Dear Susan:
At the request of Nicholson, LLC, on behalf of the landowners (David and Bonita Ebenal), ASM Affiliates
(ASM) has prepared this request for a State Historic Preservation Division (SHPD) determination of “no
historic properties affected” associated with the proposed development of a single-family residence on the
0.34-acre TMK: (3) 7-5-005:094 (also known as Lot 2 of the Lanihau Point subdivision), Lanihau 2nd
Ahupuaʻa, North Kona District, Island of Hawaiʻi (Figures 1-3). This request has been prepared in
accordance with Hawaiʻi Administrative Rules (HAR) §13-284-5(2) in support of a Special Management
Area (SMA) use permit application for the proposed development of a single-family residence within the
0.38-acre subject parcel (Figure 4).
The subject parcel (the “project area”) is situated to the west of the Old Kona Airport State Recreation Area
within the previously developed, Kona Bay Estates gated subdivision located along the coast of Kailua Bay
within Lanihau 2nd Ahupuaʻa. The project area is bounded to the southeast by a developed residential parcel
(Figure 5), to the north by Kona Bay Drive (Figure 6), to the northwest by a developed residential parcel
that is under construction (Figure 7), and to the south by an undeveloped strip of pāhoehoe coastline that
fronts the subdivision at the coast (Figure 8 and 9). Modern rock walls are present along all four sides of
the parcel, and a concrete sidewalk, built for public shoreline-access, crosses the far southern section of the
parcel (Figure 10; see also Figure 8). The sidewalk also demarks the southern extent of the area available
for development. The small portion of the parcel makai of the sidewalk is not part of the development area.
The entire surface of the developable portion of the parcel has been graded flat. The only remaining natural
terrain in the project area is located south of the sidewalk that provides public beach access, within a portion
of the parcel that is not designated for development. This terrain consists entirely of pāhoehoe lava from an
eruption of Hualālai that occurred 1,500 to 3,000 years before present (Sherrod et al. 2021). Vegetation in
the small area of natural terrain consists of a maintained naupaka hedge (see Figure 10). Due to the lack of
soil development, soils in this general area are classified as Lava flows of the Honokohau complex (Soil
Survey Staff 2022).
Prior Archaeological Studies
The project area was previously included in two archaeological studies conducted by Paul H. Rosendahl,
Ph.D. Inc. (PHRI) that were associated with a SMA use permit (SMA Application Number 81-31) granted
to The Hilton Head Company by the Hawaiʻi County Planning Commission on May 19, 1983. The first
study, an archaeological reconnaissance survey of the Hilton Head Company Kona Property “B” site
February 27, 2025
Request for “No historic properties affected,” TMK: (3) 7-5-005:094
Page 2 of 14
(Rosendahl 1979), occurred prior to the creation of the existing subdivision. That study included 23.5 acres
of shoreline property within Lanaihau 2nd Ahupuaʻa, and identified 16 archaeological features (Features A
to P) consisting of petroglyphs, bait cups, surface artifacts, a modified outcrop, a brackish pool, a wall, and
a platform (Rosendahl 1979:5). None of the identified features were within the current subject parcel. The
nearest identified features, located south and southeast of the project area (Figure 11), included two bait
cups (Feature D) and the probable remains of a disturbed, shallow, cultural deposit (Feature E). Rosendahl
(1979:6) summarized the archaeological finding within the area as follows:
Archaeological reconnaissance survey of the Hilton Head Company Kona Property “B”
site revealed relatively few features. The principal types found were bait cups and
petroglyphs. Aside from the isolated individual examples, the petroglyphs are found
concentrated in two relatively small clusters (Features J, P). The figures comprising these
clusters are generally in poor to fair condition. In neither case do there seem to be any really
outstanding examples such as those to be seen in the extensive petroglyph fields further up
the coast in the South Kohala District, at Anaehoomalu and Puako.
With the exception of the immediate shoreline portion, most of the survey area has been
bulldozed and/or scraped in the past...
In 1983, PHRI returned to the location of the 1979 reconnaissance survey in Lanihau 2nd to conduct
intensive archaeological survey and testing of the (by that time) existing residential subdivision within the
Hilton Head Company Kona Property “B” site as well as the Hilton Head Company Kona Bay Club site
(located further to the south), which was the subject of a reconnaissance survey conducted by Rosendahl
(1980). A preliminary report documenting the findings of that study was submitted to the SHPD upon
completion of the fieldwork for that study (Jensen and Rosendahl 1983), but a final report for the area was
never completed by PHRI. The preliminary report indicates that 23 additional features (Features Q to MM)
were identified as a result of that study, including at least 5 burial features that were eroding out of the sand
along the seaward edge of the subdivision. Although a map showing the locations of the features
documented by Jensen and Rosendahl (1983) was not included in the report, parcel numbers provided for
the newly identified features indicate that they were all located to the southeast of the current project area,
and that the burial features were situated on Parcels 016 and 024, near the southeastern end of the
subdivision “to the northwest of Feature K” (see Figures 2 and 11). In the vicinity of the current project
area Jensen and Rosendahl (1983) thoroughly examined Feature E for any new evidence of surface artifacts,
but none were observed so a single 1-meter by 1-meter test pit was excavated to bedrock (approximately
15 centimeters below the sandy surface) within the feature, which yielded “a very few number of volcanic
glass flakes but no evidence of a significant accumulation of cultural material and considerable evidence
that the remaining cultural material has been mixed and crushed by past bulldozing” (Jensen and Rosendahl
1983:5). No further study was undertaken at Feature D (two bait cups), which was described by Jensen and
Rosendahl (1983) as being in similar condition to what was observed in 1979. Based on the results of the
survey PHRI recommended that archaeological clearance be granted for the entire project area, with the
exception of the burials identified on Parcels 016 and 024, where it was recommended “that the burial
cluster (Features FF, GG, KK, LL, MM) situated within the setback area northwest of Feature K be salvaged
and all human skeletal remains disinterred and reburied in accordance with State Health Department
regulations” (Jensen and Rosendahl 1983:11).
A preliminary fieldwork report prepared by Rosendahl (1984), indicates that following the intensive
archaeological survey and testing conducted by Jensen and Rosendahl (1983), in order to satisfy one of the
conditions of the SMA for the development of the subdivision, PHRI disinterred 42 sets of human remains
from the 20-foot shoreline setback area of Parcel 016, and that 8 additional sets of human remains were
disinterred by the SHPD from adjacent State land at that same time. No information on where these burials
were ultimately reinterred was found in the files at the SHPD Office in Hilo, and a final report for the
project was never prepared by PHRI. Although not explicitly stated in the Rosendahl (1984) preliminary
fieldwork report, is likely that the burials disinterred from Parcel 016 were exposed by high wave events
that occurred in Kailua-Kona on January 8-10, 1980 and again on November 19-25, 1982. Following the
February 27, 2025
Request for “No historic properties affected,” TMK: (3) 7-5-005:094
Page 3 of 14
January 1980 storm event, Neller (1980:1) reported that “human bones were scattered all along the beach
in the vicinity of the old Kona airport,” and that most were reburied in place. He also noted the existence
of a buried midden deposit associated with the burials. A December 1, 1982, article printed in the West
Hawaii Today newspaper (McCamant 1982), reported that the 1982 storm surge associated with Hurricane
Iwa exposed many more sets of human remains along the beach in this area, and that those bones were
collected and then reburied “at a safer, more protected place.” Records on file at the SHPD office in Hilo
indicate that over the last 30 years human skeletal remains have often been found eroding from sand
deposits at Old Kona Airport State Park, as well as near the southeastern end of the Lanihau Point
subdivision, following high wave events.
While several archaeological studies have been conducted since the initial inventories by PHRI (e.g.,
Gardner 2024), a particularly relevant study for the current project is Clark (2022: Figure 12). In preparation
for the development of a parcel located immediately northwest of the current project area (TMK: (3) 7-5-
005:095; see Figure 2), ASM Affiliates conducted a comprehensive archaeological surface inspection of
the 0.38-acre parcel.
The survey was carried out using systematic north-south pedestrian transects with 3-meter spacing intervals,
ensuring complete visual coverage of the parcel. No archaeological sites, features, or cultural deposits were
identified on the surface. However, during the field inspection, the presence of sand deposits was noted,
prompting ASM Affiliates to conduct subsurface testing through the excavation of 16 shovel tests. The
results of the subsurface investigation confirmed the absence of archaeological sites, features, or cultural
deposits within the parcel.
Archaeological Fieldwork
On January 12, 2025, ASM Principal Investigator, William Gardner, Ph.D., conducted an archaeological
surface inspection of the entire project area (100% coverage). During the field inspection, the ground
surface of the 0.34-acre parcel was visually inspected utilizing north/south pedestrian transects, maintaining
a 3-meter spacing interval. No archaeological sites, features, or cultural deposits of any kind were identified
on the surface of the subject parcel as a result of the field inspection. Moreover, no natural deposits with
the potential to contain cultural deposits or burials were noted in the project area as the entire surface of the
project area has been graded flat (Figure 13, see also Figure 6). In the southern portion of the development
area, there is a push pile composed of sand and rubble from nearby construction activities (Figure 14). The
only remaining natural terrain in the project area is located south of the sidewalk that provides public beach
access, within a portion of the parcel that is not designated for development (see Figure 8 and 9).
Determination of Effect
Given the negative findings of the archaeological field inspection, pursuant to HAR §13-284-7, the current
landowners (David and Bonita Ebenal) are requesting an SHPD determination of “no historic properties
affected” associated with the issuance of an SMA use permit for the development of a single-family
residence on TMK: (3) 7-5-005:094, Lanihau 2nd Ahupuaʻa, North Kona District, Island of Hawaiʻi. In the
unlikely event that any archaeological resources are encountered during development activities proposed
on the property, such activities will be halted and SHPD contacted immediately.
Should you have any questions, or if you would like further information, please feel free to contact me
directly.
Sincerely,
William Gardner
Senior Archaeologist – ASM Hilo
February 27, 2025
Request for “No historic properties affected,” TMK: (3) 7-5-005:094
Page 4 of 14
References Cited
Clark, Matthew
2022 Request for a State Historic Preservation Division determination of “no historic properties
affected” associated with the proposed development of a single-family residence on TMK: (3)
7-5-005:095, Lanihau 2nd, North Kona, Hawaiʻi. ASM Affiliates Project # 39770. Prepared for
Meneghetti Trust.
Gardner, William
2024 Request for a State Historic Preservation Division determination of “no historic properties
affected” associated with the proposed alterations and additions of a single-family residence
on TMK: (3) 7-5-005:039, Lanihau 2nd, North Kona, Hawaiʻi. ASM Affilaites Project # 44780.
Prepared for Laura Ann McCallum.
Jensen, P. and M. L. K. Rosendahl
1983 Intensive Archaeological Survey and Testing Existing Residential Subdivision “B” Site,
Lanihau, North Kona, Island of Hawaii (TMK: 3-7-5-05:1, 11, 14-51): Preliminary Report
Upon Completion of Field Work. Paul H. Rosendahl, Ph.D., Inc. Ms. 84-072983. Prepared for
Mr. John Michael White, Hilo, HI.
McCamant, P.
1982 “Bones of History: Storm Waves Uncover Beach Burial Site.” West Hawaii Today Vol XIX No.
225, December 1, 1982. Page 3.
Neller, E.
1980 An Archaeological Reconnaissance at the Old Kona Airport Beach Park, Keahuolu and
Lanihau, Kona, Hawaii. Department of Land and Natural Resources, Hawaii, Division of State
Parks, Historic Sites Section.
Rosendahl, M.L.K..
1984 Preliminary Fieldwork Report: Oxford First Company Disinterment Project, Lanihau, North
Kona, Hawaii. Paul H. Rosendahl, Ph.D., Inc. Project 122. Prepared for Oxford First Company,
Honolulu, HI.
Rosendahl, P. H.
1979 Archaeological Reconnaissance Survey of the Hilton Head Company Kona Property Site. Paul
H. Rosendahl, Ph.D., Inc.
1980 Archaeological Reconnaissance Survey of the Hilton Head Company Kona Bay Club Site
(TMK:3-7-5-05:12,63), Kailua-Kona, Island of Hawaii. Archaeological Research Associates.
Prepared for Belt Collins and Associates.
Sherrod, D. R., J. M. Sinton, S. E. Watkins, and K. M. Brunt
2021 Geologic Map of the State of Hawaiʻi. U.S. Department of the Interior, U.S. Geological Survey.
USGS Numbered Series. Scientific Investigations Map 3143. 1:100,000 and 1:250,000 scale.
Electronic document, https://doi.org/10.3133/sim3143, accessed February 18, 2022.
Soil Survey Staff (United States Department of Agriculture, Natural Resources Conservation Service)
2022 Web Soil Survey. Electronic document, http://websoilsurvey.nrcs.usda.gov.
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Figure 1. Project area location.
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Figure 3. Google Earth aerial image showing project area location.
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Figure 5. View of the project area to the southeast.
Figure 6. View of the project area to the north towards Kona Bay Drive.
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Figure 7. View to the northwest of the project area.
Figure 8. Photo taken from the southern edge of the project area facing southwest. The concrete
sidewalk provides public access to the shoreline. No development will occur makai of the
sidewalk.
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Figure 9. Photo facing north from the coastline towards the project area.
Figure 10. Photo facing southeast along the sidewalk that provides public access to the shoreline.
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Figure 12. Examples of archaeological projects conducted by ASM near the current project area.
Figure 13. Photo from Kona Bay Drive facing south towards project area illustrating the graded
development area.
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Figure 14. Example of push pile consisting of construction rubble and sand that has resulted from
the grading of the development area.
Ka Paʻakai O Ka ʻĀina Cultural Analysis of Lot 2 of the Kona Bay Estates, Lanihau 2nd Ahupuaʻa, North Kona District, Island of Hawaiʻi
TMKs: (3) 7-5-005:094
February 14, 2025
Prepared by:
Lokelani Brandt, M.A
ASM Affiliates
I.INTRODUCTION
At the request of Winton Nicholson, of Nicholson, LLC, on behalf of the David and Bonita Ebenal, ASM Affiliates, (ASM) prepared this Cultural Analysis for Tax Map Key (TMK) (3) 7-5-005:094, (also identified as Lot 2 of the Lanihau Point subdivision), a roughly 0.3446-acre parcel located in Lanihau 2nd Ahupuaʻa, North Kona District, Island of Hawaiʻi (referred to hereafter as the project area; Figures 1, 2, and 3). This analysis was prepared to satisfy the requirements of a Special Management Area (SMA) use permit application for the above-identified TMK parcel, the Department of Land and Natural Resources (DLNR), and the County of Hawaiʻi’s review of that permit. The landowner is proposing to construct a two-story single-family dwelling with an attached two-car garage and covered lānai, a pool, paved driveway, utilities, landscaping, and a landscaping irrigation system. A site plan showing the proposed development is included in Figure 4.
Article XII, Section 7 of the Hawai‘i Constitution obligates the State and its agencies, “to protect the reasonable exercise of customarily and traditionally exercised rights of native Hawaiians to the extent feasible” (Ka Pa‘akai O Ka ‘Aina v Land Use Commission, 94 Hawai‘i 31, 7 P.3d 1068 [2000]). Under Article XII, Section 7, the State shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua‘a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights.
In the September 11, 2000, Hawai‘i Supreme Court landmark decision (Ka Pa‘akai O Ka ‘Aina v Land Use Commission), an analytical framework for addressing the preservation and protection of customary and traditional native practices specific to Hawaiian communities was created. The court decision established a three-part process relative to evaluating such potential impacts: first, to identify whether any valued cultural, historical or natural resources are present; and identify the extent to which any traditional and customary native Hawaiian rights are exercised; second, to identify the extent to which those resources and rights will be affected or impaired by the proposed action; and third, to specify the feasible action, if any, to be taken by the regulatory body to reasonably protect native Hawaiian rights if they are found to exist.
To identify whether any valued cultural, historical, or natural resources are present within the proposed project area, and to identify the extent to which any traditional and customary native Hawaiian rights are, or have been, exercised (the first part of the analytical framework); historical archival information was investigated, and prior archaeological studies were reviewed and summarized below. This is followed by a discussion describing the extent to which the valued cultural, historical, or natural resources and customary native Hawaiian rights will be impacted by the proposed project (part two of the analytical framework). Finally, part three of this analytical process summarizes these findings and recommends feasible actions and mitigative measures that may be taken by the approving agencies and the landowner to reasonably protect native Hawaiian rights, if they are found to exist within the proposed project area.
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Figure 1. Project area location.
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Figure 3. Google Earth aerial image showing project area location.
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II. A CONCISE CULTURE-HISTORICAL BACKGROUND FOR LANIHAU
The roughly 0.3446-acre project area is located along the coastal margin of the traditional ahupuaʻa of Lanihau 2nd, whose name has been translated by Pukui et al. (1974:128) as “cool heaven.” Ahupua‘a are land divisions that typically incorporated all of the ecozones from the mountains to the sea and for several hundred yards beyond the shore, assuring a diverse subsistence resource base (Hommon 1986). Lanihau has been divided into two modern
ahupuaʻa, Lanihau 1st (also known as Lanihaunui) and Lanihau 2nd (Lanihauiki), and is bordered by the ahupuaʻa of Moeauoa to the south and Keahuolū to the north. Extending from the shore at Kailua (Kaiakeakua) Bay, Lanihau is
cut off by Honua‘ula Ahupua‘a at about 2,400 feet elevation.
Lanihau is one of over seventy ahupuaʻa that make up the leeward most moku (district) of Kona. Due to its sheer size, the moku of Kona was further divided into a northern section, Kona ʻĀkau (North Kona), and a southern section, Kona Hema (South Kona). The project area lies within Kona ʻĀkau, a traditional geographical area that extended from Keahualono, an alter constructed on the Kohala-North Kona boundary to Puʻuohau, a hill marking the southern extent (Pukui 1983). Kona ‘Ākau was further divided into two ancient subdistricts, one of which included the area affectionately known as Kona Kai ʻŌpua (interpretively translated as Kona of the distant horizon clouds), a land area that extended from Lanihau to Puʻuohau (Maly 1998).
Freshwater and Agricultural Practices
In Kona, where there were no regularly flowing streams to the coast, access to potable water (wai), was of great importance and played a role in determining the areas of settlement. The waters of Kona were found in springs and caves (found from shore to the mountain lands) or procured from rain catchments and dewfall. Traditional and historic
narratives abound with descriptions and names of water sources and record that the forests were more extensive and extended further makai than they do today. These forests not only attracted rains from the clouds and provided shelter
for cultivated crops, but also in dry times drew the kēhau and kēwai (mists and dew) from the upper mountain slopes to the low lands (Rechtman et al. 2001). Observing nature, particularly cloud formations was a practice that allowed
the native inhabitant of Kona to forecast impending rain. Such knowledge is recorded in the following ʻōl elo noʻeau (poetical expressions):
Aia ka wai i ka maka o ka ʻōpua. Water is in the face of the ʻōpua clouds.
In Kona, when the ʻōpua clouds appear in the morning, it’s a sign that rain is to be expected. (Pukui 1983)
Ao ʻōpiopio.
Young cloud. A cloud that rises from sea level or close to the cloud banks and is as white as steam. When seen in Kona,
Hawaiʻi, this is a sign of rain (ibid.:27)
Māmā Kona i ka wai kau mai i ka maka o ka ‘ōpua.
Kona is lightened in having water in the face of the clouds. Kona is relived, knowing that there will be no drought, when the clouds promise rain. (ibid.:232)
Wai was not only valued for its life-giving properties, but also its purifying qualities. The continuous mauka to makai flow of wai provided fresh drinking water, supplied water to irrigated fields, fishponds, recharged ground water
supplies, and sustained productive estuaries and fisheries by transporting nutrients from the uplands to the sea (Sproat 2009).
In the uplands of Lanihau, where there was ample rainfall, native farmers adapted and intensified their agricultural production. Over time, their efforts transformed the landscape of Kona as evidenced in historical accounts that describe
a vast plantation extending south from Kailua in Lanihau to Keauhou-Kahaluʻu. Handy et al. (1991:524), in referencing an article published in the May 3, 1927, edition of the Hawaiian language newspaper Ka Hōkū O Hawaiʻi
provide a general description of this vast plantation:
In the uplands above Kahaluʻu, Keauhou, and Kailua, was a vast plantation named Kuahewa
(huge), belonging to Kamehameha I. To protect these lands, which were cultivated for his people in the section, Kamehameha established the law that anyone who took one taro or one stack of
sugar cane must plant one cutting of the same in its place. Weary of war in 1812, Kamehameha went to Kuahewa and himself worked as a farmer.
What Handy et al. (1991) described as ‘Kuahewa’ is a portion of what has been referred to by archaeologists as the Kona Field System; an agriculturally fertile region that includes multiple ahupuaʻa across the Kona District (Cordy
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1995; Newman 1970; Schilt 1984). This dryland agricultural complex has been understood to be a nearly continuous series of agricultural fields covering approximately 34,350 acres from Kaū Ahupuaʻa in the north to Hoʻokena Ahupuaʻa in the south, with an altitudinal range of 0-2,500 meters from the coastline to the forested slopes of Hualālai (Cordy 1995; Horrocks and Rechtman 2009). A large portion of the field system has been designated in the Hawai‘i Register of Historic Places as Site 50-10-37-6601 and determined eligible for inclusion on the National Register of Historic Places (Newman 1974).
In the 1920s-1930s, Handy and Handy (1972) conducted extensive research and field interviews with elder native Hawaiians. In the lands of North and South Kona, they recorded native traditions describing agricultural practices and rituals associated with rain and water collection. Primary in these rituals and practices was the lore of Lono—a god of agriculture, fertility, and the rituals for inducing rainfall. Handy et al., observed:
The sweet potato and gourd were suitable for cultivation in the drier areas of the islands. The cult of Lono was important in those areas, particularly in Kona on Hawai‘i . . . there were temples dedicated to Lono. The sweet potato was particularly the food of the common people. The festival in honor of Lono, preceding and during the rainy season, was essentially a festival for the whole people, in contrast to the war rite in honor of Ku which was a ritual identified with Ku as god of battle. (Handy and Handy 1972:14)
Handy and Handy (1972) noted that the worship of Lono was centered in Kona. The rituals of Lono—”The father of waters”—and the annual Makahiki festival (honoring Lono) preceding and during the rainy season, were of great importance to the native residents of this region (Handy and Handy 1972:14). The significance of rituals and ceremonial observances in cultivation and indeed in all aspects of life was of great importance to the wellbeing of the ancient Hawaiians, and cannot be overemphasized, or overlooked when viewing traditional sites of the cultural landscape.
Kamakahonu, A Royal Center
A little over a half a mile southeast of the project area is Kamakahonu, which during the Precontact and Early Historic Period served as one of several royal centers located along the shoreline between Kailua and Hōnaunau (Cordy 1995; Tomonari-Tuggle 1993). Kamakahonu, literally translated as “the turtle eye” is believed to have been established as a royal center as early as the 16th century by the chief ʻUmi-a-Līloa. During the early 19th century Keawe-a-Mahi, a kahu (caretaker) of Keawe-a-Heulu presided over Kamakahonu and upon the death of Keawe-a-Mahi, Kamakahonu became the residence of Kamehameha I (Ii 1993). The following description of Kamakahonu, and the events that took place there, are summarized by Rechtman and Poepoe (2008). Wherever possible, information pertinent to the current project area has been added.
Native historian and member of the Kamehameha household, John Papa ‘Ī‘ī wrote about Kamehameha’s move from Kalāke‘e (site of the present-day Huliheʻe Palace) to Kamakahonu upon the death of Keawe-a-Mahi (Ii 1993; Pukui et al. 1974). ʻĪʻī purports that Kamehameha was drawn to Kamakahonu “because it was a place celebrated for the constant appearance of fishes.” Kamehameha first moved into the former residence of Keawe a Mahi, then built another house on the seaward side of that residence, which ‘Ī‘ī calls a hale nana mahina ‘ai (house that observes the planting fields). This house was built high on stones and faced directly upland toward the planting fields of Kuahewa. Like an observation post, this house afforded a view of the farmlands and was also a good vantage point to see canoes coming from South Kona and the Kailua vicinity. According to ‘Ī‘ī (1993:117-119), “this house was built on the west side of Ahuena [Ahuʻena], a heiau that stood beside Kamakahonu . . .”. Kamehameha also built several more structures including three houses (hale) thatched with dried ti leaves, a sleeping house (hale moe) and separate men’s (hale mua) and women’s eating house (hale ‘āina) that belonged to his wife Kaʻahumanu. Based on ‘Ī‘ī’s descriptions, Paul Rockwood prepared a sketch (Figure 5) showing a possible spatial distribution of the features within Kamakahonu. Although the current project area is not reflected on the map, it provides a closer look at structures and natural features found around Kamakahonu. Figure 6 is a drawing of Ahuʻena Heiau prepared by Louis Choris, a member of the Kotzebue expedition that anchored in Kailua Bay in 1816 and 1817.
ʻĪʻī goes on to describe a coastal trail that extended from the outside of the wall that encircled the royal compound and meandered in a northerly direction in the vicinity of the current project area. This trail is said to have traversed along the coast towards Puʻu O Kaloa and went as far as Kīholo. ʻĪʻī also described the presence of houses in the vicinity of Alanaio pond (Ii 1993).
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Figure 5. Paul Rockwood’s map of Kamakahonu (project area not depicted) (Ii 1993:118).
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Figure 6. View of Ahuʻena Heiau (southeast of the project area) in 1816-1817 (Choris 1822).
A series of early written Western accounts spanning a time frame from about 1815 to 1823 (see also Barrère 1975) describe the social and economic milieu of Kamakahonu. While these accounts contain descriptions of some of the interiors of the residential structures within the royal compound and the lands around them, the most detailed descriptions were focused on Ahu‘ena Heiau, and they document the transition of Kamakahonu from royal compound to a fort (Arago 1823; Choris 1822; Corney 1896; Ellis 1827; Kotzebue 1821; Wiswell and Kelly 1978).
When the Freycinet expedition arrived in Kailua in 1819, three months after Kamehameha had died, Ahu‘ena had been abandoned as a place of worship with a kapu placed on it, and “almost all of the images there had been thrown over, and the sacred house of the sovereign was open and filled with furniture of European or Chinese origin, which had been used by the deceased king” (Freycinet 1839 Vol. 2:598 translated in Wiswell and Kelly 1978:74).
The Freycinet expedition also prepared a map of Kailua Bay as it appeared in August of 1819 (Figure 7). While the map shows no structures in the vicinity of the current project area, several houses in the area south and north of the current project area and a battery of cannons along the western shore of the bay are shown. The map also includes notes on eight specific locations that are marked with letters: (a) Observatory of the Corvette L’Uranie; (b) Temple of late King Taméaméha; (c) Tomb of Taméaméha; (d) Royal shipyards for the canoes; (e) Battery of two cannon; (f) Storehouses of the King; (g) schooner in construction; (h) Temple of King Urio-Rio (Liholiho) (Freycinet 1839 Vol. 2; translated in Wiswell and Kelly 1978).
Eighteen months after the death of Kamehameha I, in November of 1820 Liholiho (Kamehameha II) relocated what was now his royal entourage to O‘ahu, and in doing so, vested in John Adams Kuakini the governorship of Hawai‘i Island (Kamakau 1992). Kuakini accepted Liholiho’s instruction with zeal, and by 1824 had a new wood-frame house (brought from America) placed within Kamakahonu in the general vicinity of the ti thatched houses that were built by Kamehameha I. Liholiho died in London in July of 1824, and his body was brought back to the Hawaiian Kingdom on board the British warship Blonde. On its return voyage to England in June of 1825, the Blonde called in at Kailua and reported:
We made the land of Hawaii on the 9th. The first place we distinguished was Kairua [Kailua] which his the seat of government, Kuakini, or John Adams, the governor, residing there. The place contains about 3000 inhabitants, and has a fort mounting twenty guns. The aspect of the country is very rought and uninviting in the neighbourhood, being composed of lavas of various ages, all dark and forbidding. The beach, however, is adorned with cocoa-nut trees, dracaena and oil nut; a a little valley, which extends about four miles inland, furnishes breadfruit, bananas, sweet potatoes, and mountain taro, which is a less productive variety of the water taro. At Kairua there is no fresh water, and the inhabitants, for the most part, content themselves with brackish water, which is found in the crevices of lava, and which is the product of the rain, which is retained in the various fissures, and the salt water filtering through the porous rock. (Byron 1826:161-162)
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Figure 7. Hydrographic chart of Kailua Bay by Louis Dupprey in 1819 showing approximate location of project area.
It was during his term as governor that Kuakini completed the transformation of Kamakahonu into a fort. He remained there until 1837, then relocated to Huliheʻe Palace at Kalākeʻe and by January of 1845, he died (Friend 1845). Kuakini had designated William Pitt Leleiohoku I as his heir and successor. However, the Governorship was a responsibility unsuited for Leleiohoku; he was removed by the Kingdom’s Privy Council and replaced by the deputy Governor George Luther Kapeau on an interim basis in November of 1846 with a permanent appointment following in 1850 (Rechtman and Poepoe 2008).
Māhele ʻĀina of 1848
It was at the time of Kapeau’s tenure as governor that the Māhele took place. In 1848, the traditional Hawaiian system of land tenure was radically altered in a process known as the Māhele ‘Āina. This change in land tenure was promoted by the missionaries and the growing Western population and business interests in the island kingdom who were hesitant to enter business deals on leasehold lands. The Māhele (division) defined the land interests of Kamehameha III (the King), the high-ranking chiefs, and the konohiki. As a result of the Māhele, all land in the Kingdom of Hawai‘i came to be placed in one of three categories: (1) Crown Lands (for the occupant of the throne); (2) Government Lands; and (3) Konohiki Lands with the caveat that the rights of the hoaʻāina (tenants) were to be reserved (Chinen 1958:vii; 1961:13).
As a result of the Māhele, Lanihau 1st consisting of 302 acres was awarded to the chief William C. Lunalilo as parcel 11 of Land Commission Award (LCAw) 8559B, whereas Lanihau 2nd was retained as Government Land. Through the passage of the Kuleana Act (also known as the Enabling Act) of 1850, hoaʻāina could claim fee simple ownership to parcels that they actively lived on, cultivated, or had improved. A review of the Waihona ‘Āina Database, reveals that in addition to the konohiki award to Lunalilo, thirty-nine claims were made by the hoaʻāina for kuleana in Lanihau 1st and 2nd ahupua‘a. Twenty-eight of these claims were awarded, all of which were distributed in the vicinity of Kamakahonu and the uplands in the vicinity of the present-day Highway 180 (Māmalahoa Highway). No kuleana awards were located within or in the general vicinity of the current project area.
William C. Lunalilo, who received Lanihau 1st Ahupua‘a was born to Kekauluohi and Charles Kana‘ina in 1835. His mother, Kekauluohi, before marrying Kana‘ina, was a wife of Kamehameha I and then of Kamehameha II (Liholiho). Kekauluohi took the position of kuhina-nui from 1839 to 1845, representing Victoria Kamāmalu when she was too young to govern (Kelly 1983). Kekauluohi died in 1845. When Kamehameha V died in 1873, Lunalilo became the first popularly elected Hawaiian king. He ruled for only one year and twenty-five days, before succumbing to pulmonary tuberculosis on February 3, 1874, at the age of 39 (Kuykendall 1953). Lunalilo’s estate was used to provide
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income for a home for the “poor, destitute, and infirm people of Hawaiian blood or extraction, giving preference to old people” (Kuykendall 1953:262). Many of his lands were sold over the years by the trustees of his estate (Kelly 1983).
Following the Māhele, Kapeau was succeeded as governor of Hawai‘i by Ruth Ke‘elikōlani, the widow of William Pitt Leleiohoku. She proceeded to move the office of governor to Hilo and the residences and fort at Kamakahonu fell into further disrepair. As Jones (1938:47) claims, “In 1861 there were neither soldiers nor policemen stationed at Kailua.” Adapting the map prepared by Dupprey in 1819, Jones provided additional annotation showing some of the changes in the Kamakahonu area, one of which shows a trail alignment extending along the coast in a northwest direction (Figure 8).
Figure 8. Map of Kailua Bay showing changes in the Kamakahonu area and a trail extending along the coast (project area not depicted) (Jones 1938:40).
As government land, Lanihau 2nd became part of the post-Māhele land granting program that the Kingdom established to provide native tenants further opportunity to obtain fee-simple land. In 1875, the government sold four royal patent grants in the vicinity of Kamakahonu as well as eight more grants that extended mauka from Kamakahonu to the uppermost boundary of Lanihau 2nd Ahupuaʻa. Closest to the project area was parcel 2 of Grant 3148 sold to William Pitt Leleiohoku II, who was the hānai son of Ruth Ke‘elikōlani, his parents being Caesar Kapa‘akea and Analea Keohokālole. Leleiohoku II died two years later in 1877 and his estate was inherited by his sisters Lili‘uokalani and Likelike and his brother King Kalākaua. The sisters sold their interest in Royal Patent Grant No. 3148 to their brother in 1885. Kalākaua converted the two-story stone warehouse/residence at Kamakahonu into a boathouse for whaleboats. Upon Kalākaua’s death in 1891, his estate went to his wife, Queen Kapi‘olani.
J. S. Emerson, who was surveying the lands of west Hawai‘i for the government in the 1880s, prepared a sketch in his field notebook on August 4, 1882, of the coastal lands from Kailua to Keahuolū. This sketch (Figure 9) shows several trails, including a coastal trail that crosses along the coast of Lanihau 1st and is likely in the vicinity of the current project area. Beginning in the early 20th century, the lands encompassed by the current project area were sold as part of Grant No. 7456 as shown in Hawaiʻi Registered Map No. 1280 (Figure 10).
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Figure 9. 1882 Sketch from J.S. Emerson’s field notebook showing trail in project area (Vol. 4, p.75 Reg No. 254; Kelly 1983:60).
Figure 10. Portion of Hawaiʻi Registered Map No. 1280 by Emerson ca. late 1880s showing project area within Royal Patent Grant 7456.
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In the early part of the 19th century, there were few changes to the project area. A review of Tax Maps revealed that by the 1930s, the project area was part of a larger 91-acre parcel owned by Frank Greenwell (Figure 11). By the 1940s, Greenwell retained a roughly 33-acre portion, in which the project area is located but turned over the remaining section to the Territory of Hawaiʻi as part of the planned Kona Airport (Figures 12 and 13).
In 1935, Hilo aviator Alfred W. Smith landed the first single-seated monoplane in an area along the coast that he cleared of stones just north of the project area. Smith’s aeronautical adventure marked the beginning of what would become the future runway of the Kona Airport. In 1941, the Territorial Governor and the Superintendent of Public Works signed a contract with the Federal government to maintain and operate the future Kona Airport upon completion. However, with the onset of World War II, construction was halted (Hawaii Aviation 2021). By 1944, planning of the airport resumed, and a master plan (Figure 14) was developed that called for the construction of a 200-foot wide by 5,00-foot-long asphalt runway. The master plan map shown below depicts the location of the project area. The airport plans were redesigned, and the size of the runway was reduced to a 100-foot wide by 3,500-foot-long runway (Figure 15). The airport was officially opened on July 10, 1949 (Figures 16 and 17). As air traffic into Kona steadily increased, plans to expand the airport were made, and by 1951, an additional 300 feet of runway was added, 100-foot-wide shoulders were graded on either side of the runway, and a parking lot was added, plus an air freight and access road. Over the next two decades, the airport infrastructure would undergo additional improvements and expansion (Hawaii Aviation 2021).
On April 23, 1951, the Kona Bay Estates subdivision was granted final subdivision approval by the County of Hawaiʻi. The subdivision included forty lots and a 30-foot right-of-way for access purposes. A historical aerial taken in 1954 shows the project area on the makai side of the airport runway and terminal area (Figure 18). The 1954 aerial also shows a graded unpaved road (present-day Kona Bay Drive) traversing along the coast and the project area and continuing in a northwest direction in the area makai of the runway. This graded road would eventually become the main access route for residents of the beachfront subdivision known today as the Kona Bay Estates. By 1950, the bulk of the subdivision was laid out except for the northernmost section within which the project area lies (Figure 19). The 1950 TMK map (see Figure 19) also depicts the route of the coastal trail extending through the central portions of the subdivision lots.
By 1970, the Kona Airport was closed and all operations were relocated to the newly built, Keāhole Airport (Hawaii Aviation 2021). By the 1970s, development continued to expand outward from Kailua, however, the project area remained undeveloped as shown in a 1976 historical aerial (Figure 20).
Figure 11. Tax Map (3) 7-5-04 from 1936 showing project area.
February 14, 2025 Ka Paʻakai O Ka ʻAina Cultural Analysis of TMK: (3) 7-5-005:094 Page 14 of 24
Figure 12. Tax Map (3) 7-5-04 from 1949 showing project area.
Figure 13. Land Court Application Map 1319 dated 1941 showing project area.
February 14, 2025 Ka Paʻakai O Ka ʻAina Cultural Analysis of TMK: (3) 7-5-005:094 Page 15 of 24
Figure 14. Project area depicted within the planned Kona Airport (Hawaii Aviation 2021).
Figure 15. View of old landing strip and proposed Kona Airport runway with view of the project area in background, Hawaiʻi State Archives PP-2-1-005.
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Figure 16. Kona Airport with view of the project area in background, Hawaiʻi State Archives PP-1-2-023.
Figure 17. Grand opening of the Kona Airport, 1949 with view of the project area vicinity in background, Hawaiʻi State Archives PPWD1-2-004.
February 14, 2025 Ka Paʻakai O Ka ʻAina Cultural Analysis of TMK: (3) 7-5-005:094 Page 17 of 24
Figure 18. Aerial photo from 1954 showing the project area in relation to the Kona Airport.
Figure 19. Tax Map (3) 7-5-04 from 1952 showing project area within an undeveloped portion of the newly established Kona Bay Estates subdivision.
February 14, 2025 Ka Paʻakai O Ka ʻAina Cultural Analysis of TMK: (3) 7-5-005:094 Page 18 of 24
Figure 20. Aerial photo from 1976 showing the project area.
Following the closure of the Kona Airport, the land was turned over to the Department of Land and Natural Resources (DLNR) and the County of Hawaiʻi to establish the Old Kona Airport State Recreation Area and later the Kekuaokalani Gym-Park Complex. To protect the marine resources in the project area vicinity, in 1992, the DLNR established the coastline fronting the project area and extending north along the Old Kona Airport State Park and south towards Kūkāʻilimoku Point as a Marine Life Conservation District (MLCD). MLCD’s are designed to conserve and replenish marine resources by allowing and prohibiting certain marine activities. As listed on the Division of Aquatic Resources website, the permitted activities within this MLCD include:
•To fish for, take, possess or remove akule by handline at night, and ‘ōpelu by lift or‘ōpelu net method using bait or chum for commercial or home consumption.
•To fish for, take, possess or remove any finfish for home consumption by throw net orpole-and-line (without reel) with bait from shore.
•To collect wana, wana halula, and hā‘uke‘uke with hand tool, and without use of scubagear, from June 1 to October 1.
•To use the state mooring not longer than three hours per boat each day on a first come,first served basis for non-commercial use.
•Commercial dive/tour operations may be conducted at the mooring and from shore with apermit. (Resources 2022)
The prohibited activities include the following
February 14, 2025 Ka Paʻakai O Ka ʻAina Cultural Analysis of TMK: (3) 7-5-005:094 Page 19 of 24
•To fish for, take, injure, kill, possess or remove any marine life, including live sea shelland `opihi, live coral, algae or limu, or other marine life, or their eggs, except as indicated
in permitted activities above.
•To take or alter any sand, shell, coral, rock or other geological feature or specimen, or topossess in the water any device that may be used for the taking or altering of marine life,geological feature or specimen.
•To feed or introduce any food material, substance or device as an attractant, directly to orin the vicinity of any aquatic organism except for the purpose of catching and removingthat organism as permitted.
•To anchor a water craft in the MLCD, or operate a motorboat or other motor poweredwater craft within the “No Boating Zone” except for emergency or enforcement purposes.
•To conduct commercial dive/tour activities except as indicated in permitted activitiesabove. (Resources 2022)
Although the Kona Bay Estates subdivision was created in 1951, it wasn’t until the late 1990s and throughout the 21st century that residential construction began to take shape. The current project area and the adjacent lots were the final set of lots to be subdivided (see Figure 19). A review of Google Earth aerial imagery spanning between 1985 through 2002 shows that the initial clearing of the project area began in the early 2000s. By 2014, a residential structure was constructed on the adjacent lot (parcel 096).
Archaeological Sites Identified in the Immediate Vicinity of the Project Area
In January of 1980, Earl Neller (1980) of the DLNR-Division of State Parks responded to reports of exposed human remains following a destructive storm that caused severe disturbance within the Old Kona Airport property. Upon his arrival on January 29th, Neller found that most of the larger bones had already been reburied by the park grounds crew and by squatters living in a settlement at Kūkāʻilimoku Point. Neller collected any remaining bone fragments, reburied them in a small pit, and conducted a quick reconnaissance of the area where he identified various archaeological features. On June 3, 1980, Neller returned to the area to complete a more detailed investigation, the findings of which he appended in a revised version of his original report. The site types identified by Neller included burials, exposed skeletal fragments most of which were found along the coast, eroding subsurface cultural deposits, petroglyphs, papamū, a modified brackish water pool, walls, habitation sites, salt pans, and bait mortars. None of the features were found in or fronting the current project area, however, Neller did identify bait mortars (Site 31) pecked into the pāhoehoe at the coast near the northwestern boundary of the adjacent lot 096. Since Neller’s investigation, several more archaeological studies have been conducted on the Old Kona Airport property (see summary of prior studies included in McCurdy et al. 2014).
The features of Site 31 were originally recorded by Paul H. Rosendahl, Ph.D. Inc. (PHRI) while conducting several phases of archaeological study at Kona Bay Estates (Rosendahl 1979). PHRI recorded a total of thirty-nine archaeological features within the subdivision, the findings of which were summarized by (Jensen and Rosendahl 1983). The recorded features included an isolated and clusters of petroglyphs and papamū, bait mortars, surface artifact scatters, a modified outcrop, a brackish water pool, a wall, two platforms, a cultural deposit remnant, two areas containing multiple burials, and seven isolated burial features. Unfortunately, a final report for this work was never completed, and more detailed feature records are not available.
In April of 2022, ASM conducted a field inspection of the subject parcel and found that the entire parcel had been mechanically cleared and a stone wall constructed along the boundaries of the property. The ground surface consisted of thin soil accumulations, sand, coral, marine shell, small to medium-sized cobbles, and exposed bedrock in the ndisturbed areas. (Figure 21). A paved public shoreline sidewalk was also observed along the western edge of the property’s makai boundary (Figure 22). No cultural material or archaeological features were identified within the project area. Persons were, however, observed fishing from the coastline (outside of the project area).
February 14, 2025 Ka Paʻakai O Ka ʻAina Cultural Analysis of TMK: (3) 7-5-005:094 Page 20 of 24
Figure 21. Project area, view to the south (makai).
Figure 22. Paved public shoreline sidewalk located along the boundary of the subject parcel.
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III. IDENTIFICATION OF VALUED CULTURAL, HISTORICAL, OR NATURAL AND TRADITIONAL AND CUSTOMARY PRACTICES
A review of the cultural-historical background information specific to the project area identified a portion of the ala loa, a historic coastal trail that once traversed through the project area. This trail meandered along the coastal portion of Lanihau and the neighboring ahupuaʻa and connected to the royal settlement at Kamakahonu. That portion of the trail that once extended through the Kona Bay Estates subdivision has been destroyed as a result of ongoing residential development.
From the archaeological studies conducted for the Old Kona Airport property as well as Kūkāʻilimoku Point, it is evident that certain coastal sections of Lanihau served as a settlement and some areas were used as burial grounds. The past archaeological studies suggest that burials may be found in subsurface deposits located within the sandy shoreline areas and constructed burial features may be found in the rockier areas. Although no burials or skeletal remains have been identified in the project area or the shoreline fronting the project area, during periods of high surf or storms, skeletal remains are known to erode from this shoreline fronting the Old Kona Airport and Kūkāʻilimoku Point. The landowner must be made aware of the past occurrences and have an understanding of the protocol to report such issues.
Archaeological resources including the presence of bait mortars found along the coast (outside of the project area) and the observations made during ASM’s April 2022 field inspection indicate that subsistence fishing and marine resource collection along the shoreline fronting the project area is an ongoing cultural practice.
The following section provides feasible action to be taken to ensure the protection of the above identified cultural, historical, and natural resources and traditional and customary practices.
Feasible Actions to Reasonably Protect Native Hawaiian Rights
Concerning that portion of the ancient ala loa trail identified within the project area, the Ala Kahakai National Historic Trail Draft Comprehensive Management Plan & Environmental Impact Statement resolved that “In Kona Bay Estates and Lanihau subdivisions traditional access rights were asserted via a law suit. As a result, the ala loa was restored by relocating it on a low rock wall fronting both subdivisions’ lots” (National Park Service 2007:233). It is the findings of this study that the assertion of traditional access rights and the subsequent relocation of the trail route to the makai side of the Kona Bay Estates lots have mitigated the impacts on the ala loa. As such, there are no anticipated impacts to the ala loa trail from the proposed project, and it is concluded that no additional actions on behalf of the landowner or the approving agencies are recommended.
Regarding the potential for the inadvertent discovery of human skeletal remains along the shoreline following periods of parge surf or storm, it is recommended that in the event that skeletal remains wash up along the shoreline, the landowner may assist in resolving this matter by contacting the appropriate agencies including DLNR- State Historic Preservation and Division (SHPD) and Division of Conservation and Resources Enforcement (DOCARE). The most up-to-date contact information for these agencies can be found on their websites.
To prevent impacts on the nearshore fisheries, which are a valued cultural resource and are associated with customary subsistence practices, it is recommended that all residential waste that may be generated from sewage, landscaping runoff, pool, and other household waste is disposed of properly to prevent runoff from entering into the nearshore fisheries. Taking actions to prevent runoff will help to protect the resources within the nearshore fishery and its associated subsistence practices.
In summary, adherence to the above-described recommendations will help ensure that the above-identified valued cultural, historical, or natural resources and traditional customary practices are not adversely impacted by the proposed project.
February 14, 2025 Ka Paʻakai O Ka ʻAina Cultural Analysis of TMK: (3) 7-5-005:094 Page 22 of 24
References Cited
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Barrère, D. 1975 Kamehameha in Kona: Two Documentary Studies. Pacific Anthropological Records No. 23. Department of Anthropology, B.P. Bishop Museum, Honolulu.
Byron, G. 1826 Voyage of the H.M.S. Blonde to the Sandwich Islands, in the Years 1824-1825. John Murray, London.
Chinen, J. J. 1958 The Great Mahele: Hawaii’s Land Division of 1848. University of Hawaii Press, Honolulu.
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1822 Voyage Pittoresque Avec Des Portraits De Sauvages D'Amerique, D'Asie, D'Afrique, Et Des Iles Su
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1991 Native Planters in Old Hawaii: Their Life, Lore, and Environment. Bernice P. Bishop Museum
Bulletin 233. Bishop Museum Press, Honolulu.
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2021 Kona Airport At Kailua. State of Hawaii, Hawaii Aviation. Electronic document,
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and Transformation, pp. 55-88. Edited by P. Kirch. Cambridge University Press, Cambridge,
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Horrocks, M. and R. B. Rechtman
2009 Sweet potato (Ipomoea batatas) and banana (Musa sp.) microfossils in deposits from the Kona Field
System, Island of Hawaii. Journal of Archaeological Science 36(5):1115-1126. Electronic
document, http://linkinghub.elsevier.com/retrieve/pii/S0305440308003221, accessed
2017/12/30/01:17:23.
Ii, J. P. (John Papa ʻĪʻī)
1993 Fragments of Hawaiian History. 2nd revised ed. Originally published 1959. Edited by D. Barrère.
Translated by M. K. Pukui. B.P. Bishop Museum Special Publication 70. Bishop Museum Press,
Honolulu.
Jensen, P. and M. L. K. Rosendahl
1983 Intensive Archaeological Survey and Testing Existing Residential Subdivision Site, Lanihau, North
Kona, Island of Hawaii (TMK: 3-7-5-05:1, 11, 14-51): Preliminary Report Upon Completion of
Field Work. Paul H. Rosendahl, Ph.D., Inc. Ms. 84-072983. Prepared for Mr. John Michael White,
Hilo, HI.
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1938 The Fort At Kailua, Hawaii. Annual Report of the Hawaiian Historical Society 46:39-47.
Kamakau, S. M.
1992 Ruling Chiefs of Hawaii. Revised ed. Kamehameha Schools Press, Honolulu.
Kelly, M. 1983 Na Mala O Kona: Gardens of Kona. A History of Land Use in Kona, Hawaiʻi.Departmental Report
Series. Department of Anthropology, B.P. Bishop Museum, Honolulu 83-2. Prepared for Department of Transportation, State of Hawaii.
Kotzebue, Otto von 1821 Voyage of Discovery in the South Sea, and to the Bering Straits, in Search of the Northwest Passage;
Undertaking in the Years 1815, 16, 17, and 18, in the Ship Rurick. Sir Richard Phillips and Co., London.
Kuykendall, R. 1953 The Hawaiian Kingdom Volume II 1854-1874. Twenty Critical Years, vol. 2. 3 vols. University Press of Hawaii, Honolulu.
Maly, K. 1998 “Kekaha Wai ʻOle O Nā Kona” A Report on Archival and Historical Documentary Research, and Oral History Interviews for Kekaha Kai State Park, Ahupuaʻa of Kaulana, Mahaiʻula, Makalawena, Awakeʻe, Maniniʻōwali, and Kūkiʻo – District of North Kona, Island of Hawaiʻi. Kumu Pono Associates HiKe (030498). Prepared for Group 70 International, Honolulu.
McCurdy, T., O. Bautista, S. Wilkinson, and H. H. Hammatt 2014 Archaeological Inventory Survey with Cultural Consultation, Kailua Park Master Planning Project (Old Kona Airport State Recreation Area), Keahuolū and Lanihau Ahupuaʻa, North Kona District, Hawaiʻi Island, TMKs : [3] 7-5:007, 072, 073, 074, 079, 082 and 083. Cultural Surveys Hawaiʻi, Inc Job Code KEAHUOLU 9. Draft. Prepared for Kimura, International.
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Impact Statement. N. P. S. U. S. D. o. t. Interior.
Neller, E.
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Kona, Hawaii. Department of Land and Natural Resources, Hawaii, Division of State Parks, Historic
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Newman, T. S.
1970 Hawaiian Fishing and Farming on the Island of Hawaii in A.D. 1778. Department of Land and
Natural Resources, Division of State Parks, State of Hawaii, Honolulu.
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Pukui, M. K. (editor)
1983 ʻŌlelo Noʻeau: Hawaiian proverbs & poetical sayings. Bishop Museum Press, Honolulu.
Pukui, M. K., S. H. Elbert, and E. Moʻokini
1974 Place Names of Hawaii. Revised and Expanded ed. University of Hawaii Press, Honolulu.
Rechtman, R. B., K. Maly, M. R. Clark, D. Dougherty, and O. Maly
2001 Archaeological Inventory Survey of the Kiʻilae Estates Development Area (TMK:3-8-5-05:19, 22,
26, 27), Kiʻilae and Kauleolī Ahupuaʻa, South Kona District, Island of Hawaiʻi. Rechtman
Consulting, LLC 0034. Revised 2002. Prepared for Kiʻilae Estates, LLC, Keaʻau, HI.
Rechtman, R. B. and H. Poepoe
2008 Cultural Impact Assessment for Renovations to the King Kamehameha Kona Beach Hotel (TMK:s:
3-7-5-06:020, 021, 024, 032; and 3-7-05:062, 066, 075), Lanihau 2nd Ahupuaʻa, North Kona
District, Island of Hawaiʻi. Rechtman Consulting, LLC 0557. Prepared for Mooers Enterprises,
Keaʻau, HI.
Resources, D. o. A. 2022 Marine Life Conservation District Old Kona Airport. State of Hawaii, Division of Aquatic Resources. Electronic document, https://dlnr.hawaii.gov/dar/marine-managed-areas/hawaii-marine-life-conservation-districts/hawaii-old-kona-airport/, accessed April 25, 2022.
Rosendahl, P. H. 1979 Archaeological Reconnaissance Survey of the Hilton Head Company Kona Property Site. Paul H. Rosendahl, Ph.D., Inc.
Schilt, R. 1984 Subsistence and Conflict in Kona, Hawaii, An Archaeological Study of the Kuakini Highway Realignment Corridor.Departmental Report Series 84-1. Prepared for Department of Anthropology, Bernice P. Bishop Museum, Honolulu.
Sproat, D. K. 2009 Ola I Ka Wai: A Legal Primer for Water Use and Management in Hawai'i. Ka Huli Ao Center for Excellence in Native Hawaiian Law, Honolulu.
Tomonari-Tuggle, M.-J. 1993 The Archaeology of the ʻOhiʻa Preserve; An Inventory Survey of Surface Structures. International Archaeological Research Institute, Inc. (IARII). Draft. Prepared for Kamehameha Investment Corporation, Honolulu.
Wiswell, E. and M. Kelly 1978 Hawaii in 1819: A narrative account by Louis Claude de Saules de Freycinet. Pacific Anthropological Records No. 26. Department of Anthropology, B.P. Bishop Museum, Honolulu.
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JOSH GREEN, M.D. GOVERNOR OF HAWAII KE KIA'AINA OKA MOKU'AINA O HAWAl'I
MEMORANDUM
DATE: April 1, 2025
STATE OF HAWAII
DEPARTMENT OF HEAL TH
P.O. BOX 916 HILO, HAWAII 96721-0916
TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
KENNETH S. FINK, M.D, MGA, MPH DIRECTOR OF HEAL TH KA LUNA HO'OKELE
SUBJECT: Special Management Area Use Permit Application (PL-SMA-2025-000076) Applicant: David Ebenal
Request: To Allow the Construction of a Two (2) Story, Single-Family
Residence and Related Improvements Tax Map Key: (3) 7-5-005:094, Kailua-Kona, North Kona, Hawai 'i
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 project owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the commencement of any 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),
Jeffrey W. Darrow April 1, 2025 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: https://health.hawaii.gov/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:
https://health.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: https://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 pennit 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
https ://health.hawaii. gov /irhb/asbestos/.
Safe Drinking Water Branch
Jeffrey W. Darrow April 1, 2025 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, l l-23A, and 11-
25.They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: https://health.hawaii.gov/sdwb/.
2.Standard comments for the Safe Drinking Water Branch can be
found at: https://health.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 11-279.1. 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 3421, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-pennitted 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: https://health.hawaii.gov/epo/landuse/.
Wastewater Branch
For comments, please email the Wastewater Branch at doh.wwb@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.
Jeffrey W. Darrow April 1, 2025 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 infonnation 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.
C.Kimo Alameda, Ph.D.Mayor
William V. Brilhante Jr. Managing Director
APRIL 9, 2025
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
LAN�NG DIRECTOR
>13115et:tf:7'�:iSTA��IEF, AREA II OPERATIONS
Benjamin T. Moszkowicz Police Chief
Reed K. Mahuna Deputy Police Chief
REC'D HAND DELIVERED
COH PLANNING DEPT APR 112025 AMl0:58
SPECIAL MANAGEM AREA USE PERMIT APPLICATION (PL-SMA-2025-000076)
APPLICANT: DAVID EBENAL
REQUEST: TO ALLOW THE CONSTRUCTION OF A TWO (2) STORY, SINGLE
FAMILY RESIDENCE AND RELATED IMPROVEMENTS
TAX MAP KEY: (3) 7-5-005:094, KAILUA-KONA, NORTH KONA HAWAI'I
This is in response to your memorandum dated March 27, 2025 regarding the above-referenced
Special Permit Application.
Staff has reviewed the application and has no comments or objections to offer at this time.
Should you have any questions or concerns, please contact Captain Calvin Delaries, Jr., Commander
of the Kona District, at (808) 326-4646, ext. 299.
CD/jaj 25HQ0302
"Hawai'i County is an Equal Opportunity Provider and Employer"
Coastal Zone
Management
Program
Environmental Review
Program
Land Use Commission
Land Use Division
Special Plans Branch
State Transit-Oriented
Development
Statewide Geographic
Information System
Statewide
Sustainability Branch
STATE OF HAWAl'I
OFFICE OF PLANNING
JOSH GREEN, M.D. GOVERNOR
SYLVIA LUKE LT. GOVERNOR & SUSTAINABLE DEVELOPMENT
235 South Beretania Street, 6th Floor, Honolulu, Hawai'i 96813 Mailing Address: P.O. Box 2359, Honolulu, Hawai'i 96804
April 15, 2025
Mr. Jeffrey W. Darrow, Planning Director County of Hawaii, Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attn: Alex Roy
Dear Mr. Darrow:
Telephone: Fax: Web:
MARY ALICE EVANS DIRECTOR
(808) 587-2846 (808) 587-2824 https://planning.hawaii.gov/
DTS20250327 l 632HE
Subject: Special Management Area Major Permit Application (PL-SMA-2025-000076) To Construct a Two (2) Story, Single-Family Residence and
Related Improvements, Kailua, Kona, North Kona, Hawaii; Tax Map
Key: (3) 7-5-005:094
Thank you for the opportunity to provide comments on the Special Management Area (SMA) Major Permit Application (PL-SMA-2025-000076),
transmitted via email dated March 27, 2025, to construct a two-story single-family
residence (SFR) and related improvements located at 75-118 Lunapule Road in Kailua-Kona, Hawaii.
According to the subject SMA Major Permit application for the proposed development, the applicant is proposing to construct a two-story SFR with four bedrooms, four-and-a-half bathrooms, two single-car garages, a lanai, and a spa. The subject parcel is in the Lanihau Point Subdivision of Kona Bay Estates. The total development area is 4,942 square feet. The proposed SFR will be connected to existing
utility lines.
The parcel is in Flood Zone D and AE. All development and habitable structures are proposed in Flood Zone D. This is a coastal parcel and there is a four
foot-wide easement for public shoreline access at the makai side of this parcel. The estimated project cost is approximately $2.9 million.
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 applicant should consult with the County of Hawaii PlanningDepartment for the determination of the shoreline setback for the
Mr. Jeffrey Darrow April 15, 2025 Page 2
proposed SFR development and provide mitigation measures to reduce the potential risk of coastal flooding. No construction including staging areas or new structures shall be located within the shoreline setback area as established by the County of Hawaii.
2.The applicant acknowledges the public right to traverse and utilize the lateral shorelinearea. The OPSD concurs that the proposed residential development shall allow lateralshoreline public access across the existing 4-foot-wide easement at the makai side of theparcel. The application shall provide the construction schedule with site-specific
mitigation measures to minimize the potential impacts on the existing public shorelineaccess.
3.Site-specific erosion control measures shall be prepared and implemented to prevent any
runoff, sediment, soil and debris potentially resulting from the proposed constructionactivities, including grading, filling and staging, from adversely impacting the coastalecosystem and the State waters as specified in Hawaii Administrative Rules Chapter 11-54.In addition, Low Impact Development best practices, including rain gardens,vegetated filter strips, and permeable pavements, shall be considered to minimize runoff
from the residential development, which is adjacent to the shoreline area.
4.The OPSD recommends that the applicant provide site-specific mitigation measures,
including building height and design, building color and landscaping, to minimize the
alteration of natural landforms and existing public views to and along the coast, andensure the proposed residential building is compatible with the existing visualenvironment.
5.All exterior lighting and lamp posts associated with the proposed residential developmentshall be cut-off luminaries to provide the necessary shielding to mitigate potential lightpollution in the coastal areas and lessen possible seabird strikes. No artificial light, exceptas provided in HRS§§ 205A-30.5(b) and 205A-7l(b), shall be directed to travel acrossthe property boundaries toward the shoreline and ocean.
6.Should any archaeological or cultural resources, or burials be discovered during groundexcavation, all construction work shall be ceased immediately. Subsequent work shallproceed only upon an archaeological clearance and written guidance from the State
Historic Preservation Division, Department of Land and Natural Resources.
If you respond to this comment letter, please include DTS202503271632HE in the subject line. For any questions regarding this letter, please contact Rachel Beasley of our office at (808) 587-2831 or by email at rachel.e.beasley@hawaii.gov.
Sincerely,
• rn°'J A\� u.. Sians
Mary Alice Evans Director
From:Nicole Therolf
To:LPCtestimony
Subject:Opposition to these projects
Date:Sunday, April 20, 2025 8:46:35 AM
We are Nicole and Frank Tobias and we adamantly oppose the following
projects:
PL-SMA-2025-000072: Boaz LLC – New Condominium Project
SMA 437: Boaz LLC (Formerly Koa Ventures LLC) – Revocation Request
•PL-SMA-2025-000076: David Ebenal – Single-Family Residence
We moved here, but my brother has lived in Kona for 36 years. His children
are born and raised here and are Hawaiian and Samoan. My nieces are proudgraduates of Kamehameha schools. The ethnic culture and heritage of theseislands must be honored and most importantly preserved! Regardless of fact oropinion these islands were taken and now sadly so many local kanaka and
kanaka maoli are priced out of paradise! Hawai'i can not continue to become a
millionaire and billionaires playground. You as a County Council must look inthe mirror and ask yourself are you for the preservation of the aina or will youallow the precious and sacred land to be desecrated? You have the power to
win for local and native Hawaiian people who have had so much taken away!
We are not against growth, but we oppose when it only benefits a few andblatantly overlooks the plight of so many. Please vote against these proposalsand work with the people to maintain the integrity of Kailua-Kona village.
This is not progress it is a land grab and shows no spirit of aloha.
Mahalo, Nicole and Frank
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