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Home My WebLink About2018-01-18 Leeward Planning Commission Minutes EXHIBIT CHarry Kim Mayor csz ttwai'i Office 74,-5044 Ane Keollokalole Hwy Kat1ua-Kora, Hawai'i 96740 Plume (W8) 323-4770 Fax (803)327-3563 December 1, 2017 Mr. John Bertsch Ms. Stacey Aguiar P.O. Box 3503 Kailua-Kona, HI 96745 CO PLANNING DEP Dear Mr. Bertsch and Ms. Aguiar: ty of Hawaig NT • ' T Michael Yee Director Darya A.ra Deputy Director East Hawaii% Rice 101 Pawthi Street, Suite 3 Hao„ Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 SUBJECT: Special Management Area (S ) Use Permit Assessment Application (SAA 17-001543) Land Owner(s): John M. Bertsch and Stacey E. Aguiar, Trustees and Samaras Fa sily Trust Project: Construct a Single -Family Dwelling and Related Improvetnents Tiix Map Key: (3) 8-8-0d6:022, South Kona, Hawaii We have reviewed the subject Special Management Area Use Permit Assessment Application (S 17-001543), submitted on September 29, 2017. .4 4 Proposed is the construction of an approximately 4,732 square feet of floor area, two-story single- family dwelling. Additional improvements below the dwelling include an approved septic system, a water catchment tank and an open carport. The subject 9,400 square foot parcel is zoned Agricultural (A -5a) by the County and located within the State Land Use Agricultural District. In addition, according to the County ofHawaii General Plan 2005 (as amended), the subject property is designated as Open by the Land Use Pattern Allocation Guide (LUPAG) Map. This parcel is in the Special Management Area (S • ) and located in a "shoreline area" as defined by Section 205A-41, Hawai`i Revised Statutes (HRS). However, a certified shoreline survey map for this parcel was approved by the Chairperson of the Board of Land and Natural Resources on May 22, 2015. Based on this certified shoreline map, the project area is 75 feet mauka of that certified shoreline. Therefore, as this is a considerable distance from the 2015 certified shoreline, the requirement to submit a current certified shoreline survey is waived. Special Management Area Determination: According to Chapter 205A-22, HRS and Planning Commission Rule 9-4(e)(2)(A) relating to Special Management Area, "development" does not include "Construction of a single-family residence that www-litotanningdept.com Nawari County is an Equal Opportunity Provider and Employer planninz@hawaiicounty.zov DEC 01 2011 t-E-EWARE) 1'LAmviAr6 rssiew JiMia '4 A y a, ;?L/t• inhvu TEL Mr. John it ertsch Ms. Stacey Aguiar december 1, 2017 Page 2 is not part of a larger development " Therefore, we have determined that the proposed improvements, as presented on the enclosed Sheets A-0.1, A-1.1 and A-3.1 are exempt from the definition of "development" and shall not require rther review against the S guidelines, However, please note that any substantive changes t. the project as proposed in this application, including but not limited to a ch ge in location of all i provements as well as an additional increase in the floor area of the dwelling will require further review by this office and p ssibly the submittal of another SMA Use Permit Assessment Application le further review against the Special Management Area les and re lations will not be required, all other applicable Zoning Code requirements must he satisfied. Additionally, this determination of exemption from the S definition of development is based on the plans, as presented, and is subject to compliance with the following conditions: 1. The applicant, its successors or a si conditions of approval. s shall be responsible for com.1ying with all stated 2. The applicant shall secure all necess y approvals and 'sera -nits froj other affected federal, state, and county agencies as necessary o comply with all applicable laws and regulations. 3. The prop sed work shall comply wit awai'i C Unty Code, 4. Neither th impede or e requirements of Chapter 27, Flood Control, of 1 landowner, nor any aent of the landowner or its successor shall at any time therwise restrict existing lateral public access along the shoreline. 5. The tuildirig Per it shall be secured within two (2) years from the date of approval of this determination. 6. The a plicant shall implement standard est Management Practices (B1v1Ps) during construction, 7. A construction and silt barrier, meeting with the approval of the Planning Director, shall be erected along the entire DF line across the parcel prior to e commencement of any land altering or construction activities and shall remain in place until final inspection by the Department of Public Works (or Planning Department). Once the barrier is in place, please contact Horace Yanagi at (808) 323-4770 to schedule a site inspection. 8. The construction and silt barrier must be shown and perly noted on the plans submitted with any permits required for any land altering or construction activities. The construction notes on the plans must include the following statement, "the construction and silt barrier must be erected prior to any land altering or construction activities, and must remain in place until final ins ection by Departnzent of Public Works (or Planning Department)" Mr. John Bertsch Ms. Stacey Aguiar December 1, 2017 Page 3 9. No land alteration, grubbing, landscaping, or construction activities, including but not limited to the stockpiling of construction materials or equipment shall occur makai (seaward) of the construction and silt barrier. 10. ificial light from exterior lighting fixtures, including but not necessarily limited to floodlights, uplights or spotlights used for decorative or aesthetic purposes shall be prohibited if the light directly illuminates, or is directed to project across property boundaries toward the shoreline and ocean waters, except as may otherwise be permitted pursuant to Chapter 205A - 71(b), Hawai`i Revised Statutes. 11. In the unlikely event that subsurface historic resources, including human skeletal remains, structural remains, cultural deposits, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact State Historic Preservation Division at (808) 933-7651. 12. An extension of time for the performance of the conditions contained herein may be granted by the Planning Director upon the following circumstances: a) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligepce; b) Granting of the time extension would not be contrary to the original reasons for the granting of the determination; and c) The time extension granted shall be for a period of not io exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended up to one additional year). 13. Should any of the conditions not be met or substantially complied with in a t. ely fashion, the Planning Director shall initiate procedures to revoke the determination. If you have questions, please contact Esther Imamura of this office at (808) 961-8139. Sincerely, CHAEL YEE Planning Director ETI: ja P:\Wpwin601CZM1SMAA\2017\SAA 17-1543 Bertsch Aguiar.Doc Encl.: Sheet A-0.1, A-1.1 and A-3.1 cc: Planning Department - Kona orifififififil[iifififiv '111111111 ififillfifififillyllvill, fi" , 11I""000000,0000000fifififilfilfifififir fififififififififififillyfimoofifi00000000000000100000011fituoyoufifififififivopoulfififipolfilliou00001101oloitfillillIrofifillififi00000000000000000000000000fififillolhlo00 olool,,,,Lar.61,111,0010111111101111101101i111111111111110000000001101010116iv o'v 01111,1 100000110000fi1fillfififififififififififififi""'' ;;;;;;;NN loun or;qm11111111111,11;V;1111111;111111111;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;111;;;;;;V;;;;;;;;;;;;;;;;;;;;;;;;;;;;;!;;;;;;;;;;;;;;;;;;;;;;;;;;;;;V;11;;;;;;Vll;;;V;;;;;;;;1111111,11111;111;111111111111111111111r11ool;;;;;;;;;111o1o1000;ollo;hoillIll;IVIIIIIIIIVIVI111111;0111;1r;;1111111111111111010100VVIIIV0000000000000;000000000100000VIIIIIIIIIIII111;11111111111110111111111111V1111111111111111111111111111110001111111111111110000001111111111,11,1111111111,1111,11111,1111,11111,1111,111,1111,111111,111,11111111111111111111111111111111111111111111111 1111111111111111110111,1,1111,111,1111,1111,1,11111,1111,11,1,11,11,1,1111,11,111,11111,11,1 11111111111111111111111111111111111111111111111111 fl Z JAZ JtZ 1 I 1111111111111111 ung&411111 J V 7;1 --r` A A A siiii=r, 1I 17- - illilit 01040/10001.1 40 . 1 . 1 4 J71. . Z — = I �1 1100111001 II 01 I I 10 "1 101 001 IP IId1C I0 0i 11111° 0110 110 111111 II II 'II 'III 1" 1111111�G 111'W 1 11111111 o1 J1 II II 11I 11111 IIIi1111, h ;�! I �! �1 � eamWill iIi 1- 6 z w a a e 7 111111111 M1111111 1 0 H Kim Mayor West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808)323-4770 Fax (808) 327-3563 January 10, 2018 Mr. Carl Roesner 75-5928 Alii Drive Kailua-Kona, HI 96740 Dear Mr. Roesner: Co ty of Hawaii PLANNING DEP . ' TMENT Michael Yee Director D Arai Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Phone (808) 961-8288 Fax (808) 961-8742 SUBJECT: Special Management Area (SMA) Assessment Application (SAA 17-001520) Amended Special Management Area Minor Permit No. 17-000372 [SMM 17-000372(Amended)] Applicant: Carl Roesner Owner: Ghost Rider, LLC Request: Grading of 1.25 acres in accordance with plans dated May 16, 2017, and Construction of a 3 -Unit Apartment Building Tax Map Keys: (3) 7-6-014:018, 019 & 020, Kailua-Kona, Hawaii We have reviewed the subject Special Management Area Use Permit Assessment Application (SAA 17-001520), submitted on July 13, 2017. We acknowledge receipt of a time extension to December 15, 2017, in which to review the application and appreciate the additional time for review of your proposal. Proposed under SAA 17-001520 is the construction of a 3 -story, 3 -unit apartment building with 2 -bedrooms and 2 -bathrooms in each unit on Tax Map Key: (3) 7-6-014:020. The apartment units' living and lanai space total 4,320 square feet. The valuation of the proposed improvements is listed at $420,000. The Planning Department's records show that Special Management Area Minor Permit No. 17-000372 was issued on June 8, 2017, for the grading of the project location in accordance with the plans by Aina Engineers, dated May 16, 2017. Valuation of the improvements under SMM 17-000372 was listed at $35,000. The actions approved under SMM 17-000372 are directly tied to the proposed improvements identified in SAA 17-001520, and therefore will be evaluated together as a single action. The subject 1.25 acre project location (parcels listed) is zoned Multi -Family Residential (RM - 1.5) by the County and designated Urban by the State Land Use Commission. The parcel is also www,hielanningdept.com Hawal'i County is an Equal Opportunity Provider and Employer planning®hawaiicountv,gov JAN 10 2018 Mr. Carl Roesner January 10, 2018 Page 2 designated as Medium Density Urban (MDU) by the Hawai`i County General Plan Land Use Pattern Allocation Guide (LUPAG) Map. Although the entire parcels are located within the Special Management Area, the project site is not currently located in a "shoreline area" as defined by Section 205A-41, Hawaii Revised Statutes (HRS). Therefore the requirement to submit a current certified shoreline survey is waived. Special Management Area Deter ation: According to Hawai`i Revised Statutes (HRS) Chapter 205A-22 and P11 ing Co ission (PC) Rule No. 9-4(e)(1)(E) and 9-4(e)(1)(B), "development" includes "Construction, reconstruction, demolition, or alteration of the size of any structure" and "Grading, removing, dredging, mining, or extraction of any materials." Therefore, we have determined that the proposed grading of the project location (properties) in accordance with the plans by Aina Engineers, dated May 16, 2017, and the construction of the apartment complex as proposed in S . 17- 001520 is considered "development" and requires review against the SMA rules and regulations. As the sum of all proposed improvements under S 17-000372 and S . 17-001520 total $455,000 and are still less than the $500,000 threshold for a Minor pe it, SMM 17-000372 is hereby t ended per the enclosed pe it to include the construction of the apartment complex as proposed in S A 17-001520. It is the applicant's responsibility to read and comply with the conditions listed in the enclosed amended pe it If you have any questions, please contact Lucas Mead of this office at (808) 961-8140. Sincerely, LM:ja \\coh33\planning\publIc\wpwin601C-7-M\SMM\2017\SMM 17-372L(Amended) RoesnerAoc Encl. Special Management Area Minor Permit No. 17-000372( . ended) Sheet C-1 Grading Plan, Details & Notes dated 5/16/17 Doc. No.:1701 19: State Historic Preservation Division letter dated 1/26/17 Department of Public Works Memorandum dated 5/11/17 Department of Public Works Memorandum dated 8/9/2017 Harry Kim Mayor West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawai'i 96740 Phone (808) 323-4770 Fax (808) 327-3563 111G717.1 County of Hawai'i PLANNING DEPARTMENT Michael Yee Director Daryn Deputy Director East Hawai'i Office 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Phone (808) 961-8288 Fax (808) 961-8742 Special Management Area Minor Permit No. 17-000372 (Amended) Project: Earthwork and Construction of 3 -Unit Apartment Building Applicant: Carl Roesner Owner: Ghost Rider, LLC Request: Grading of 1.25 acres in accordance with plans dated May 16, 2017, and Construction of a 3 -Unit Apartment Building Location: Kailua-Kona, Hawai'i TMICs : (3) 7-6-014:018, 019 & 020 Land Area: 1.25 acres Applicant's Request 1. Project Description: The applicant proposes the grading of the project location in accordance with the plans by Aina Engineers, dated May 16, 2017, and construction of a 3 -story, 3 -unit apartment building with 2 -bedrooms and 2 -bathrooms in each unit on Tax Map Key: (3) 7-6-014:020. The apartment units' living and lanai space total 4,320 square -feet. 2. Purpose of Project: The applicant is proposing grading and contouring of a 1.25 acre property and construction of a 3 -unit apartment building with 2 -bedrooms and 2 -bathrooms per unit. 3. Project Valuation: $455,000 4. Determination: According to Hawai'i Revised Statutes (HRS) Chapter 205A-22 and Planning Commission (PC) Rule No. 9-4(e)(1)(E) and 9-4(e)(1)(B), "development" includes "Construction, reconstruction, demolition, or alteration of the size of any structure" and "Grading, removing, dredging, mining, or extraction of any materials." Therefore, we have determined that the proposed grading of the project location (properties) in accordance with the plans by Aina Engineers, dated May 16, 2017, and the construction of the apartment complex as proposed in SAA 17-001520 is considered "development" and requires review against the SMA rules and regulations. State and County Plans 1. State Land Use District: The project area is located in the State Land Use Urban district. 2. General Plan: The project area is designated as Medium Density Urban (MDU) by the Hawai'i County General Plan Land Use Pattem Allocation Guide (LUPAG) Map. 3. County Zoning: The parcels are zoned Multi -Family Residential (RM -1.5) by the County of Hawai'i. wvrw.hiolanninRdeoLcorn Hawai'i County is an Equal Opportunity Provider and Employer plannine@hawaiicountv.Rov 4. Special Management Area: The parcels are located entirely within the Special Management Area (S). 5. Flood Zone: X. Compliance with Objectives and Policies of Chapter 205A, Hawaii Revised Statutes (HRS), Regarding the Special Management Area Check all objectives and policies found to be consistent with proposed development. Issuance of S Minor Pe it requires that activity be consistent with all objectives & policies. The proposed development is consistent with the following objectives and policies: D Development will not have any significant adverse enviro ental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. Such adverse effect shall include but not be limited to the potential cumulative • pact of individual developments, each one of which taken in itself might not have a substantial adverse effect and the elimination of planning options. E3 The proposed development is consistent with the Hawaici County General Plan and the Zoning Code. The proposed development does not conflict with the following objectives of Chapter 205A, HRS, to: El Provide coastal recreational opportunities accessible to the public. UXI Protect, preserve, and where desirable, restore those natural and man-made historic and pre -historic resources in the coastal zone management area that are significant in Hawaiian and American history and culture. IXI Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. EJ Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems. E3 Provide public or private facilities and improvements important to the State's economy in suitable locations. El Reduce hazard to life and property from tsunami, sto waves, stream flooding, erosion, subsidence and pollution. Ei Improve the development review process, communication, and public participation in the management of coastal resources and hazards. E3 Stimulate public awareness, education, and participation in coastal management. VJ Protect beaches for public use and recreation. LZI Promote the protection, use, and development of marine and coastal resources to assure their sustainability. IEI The proposed development is consistent with the following policies of Chapter 205A, HRS, relating to: • Recreational Resources • Historic Resources • Scenic and Open Space Resources Coastal Ecosystems El Economic Uses El Coastal Hazards El Managing Development El Public Participation El Beach Protection El Marine Resources The proposed development conforms to the requirements of Chapter 343, HRS, regarding Environmental Impact Statements. Findings 1 1. As discussed above, the proposed development will not have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. 2. The proposed development is consistent with the Hawai`i County General Plan and Zoning Code. 3. The proposed development is also consistent with the objectives, policies, and SMA guidelines of Chapter 205A, HRS. 4. The estimated project cost of $455,000 is not in excess of $500,000. 5. The enclosed Department of Public Works, Engineering Division Memorandum dated May 11, 2017, relating to improvements considered by SMM 17-000372 states the following: "We have reviewed the subject application for compliance with Chapter 27, Floodplain Management, forwarded by your memo dated March 21, 2017, and have no objections to the request. We have determined that the subject properties are located within Zone X according to the Flood Insurance Rate Map (FI' ) by the Federal Emergency Management Agency (FEMA). All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code." 6. The enclosed Dep. ent of Public Works, Engineering Division Memorandum dated August 9, 2017, relating to improvements proposed in SAA 17-001520 states the following: "We have reviewed the subject application for compliance with Chapter 27, Floodplain Management, and our comments are as follows: We have determined that the subject property is located within Flood Zone "X" according to the Flood Insurance Rate Map (FI ) by the Federal Emergency Management Agency (FEMA). The proposed project is not subject to regulation under Chapter 27 of the Hawai County Code. 7. Pursuant to PC Rule Section 9-10(e), the P1. ing Director hereby approves the grading of the project location in accordance with the plans by Aina Engineers, dated May 16, 2017, and the construction of a 3 -unit apartment building as presented in S 17-001520. This approval is subject to the applicants' compliance with the conditions of approval as specified below. This SMA Minor Per Conditions of Approval is subject to the following conditions: 1. The applicant, its successors or assigns shall be responsible for complying with all stated conditions of approval. 2. The applicant shall secure all necessary approvals and pe its from other affected federal, state, and county agencies as necessary to comply with all applicable laws and regulations. 3. All earthwork activity shall be completed within two (2) years from the date of this pe it. 4. All earthwork activity outlined on the plans by Aina Engineers, dated May 16, 2017, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code; confo ance shall be maintained for the duration of development activity. 5. Plan Approval and all required building pe its for the apartment building shall be secured within two (2) years from the date of this permit. 6. All waste shall be properly disposed of in a manner meeting with the approval of the Pia ing Department or outside the SMA, subject to the requirements of Chapter 20 - Refuse, of the Hawail County Code and may require a Landfill Disposal Pe it from the Department of Enviro ental Management, Solid Waste Division. 7. Any further grading, grubbing, filling or other construction activity including but not limited to the construction of structures of any type shall require further review and approval as provided under Chapter 205A, HRS and Rule 9, P1. ing Commission Rules of Practice and Procedure. Further proposals directly related to the actions approved by this pe it may require submission of a Special Management Use Pe it Application for a comprehensive evaluation of actions on the properties. 8. The applicant shall abide by the enclosed archaeological monitoring plan (' P) accepted by State Historic Preservation Division on January 26, 2017, (Doc.No:1701 19); conditions therein adopted by reference herein as applicable. 9. Discovery of any unidentified sites or remains, such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alit4 ents, pavings or walls will require that all work in the immediate area shall cease. The Planning Director shall be immediately notified. Work may proceed with an archaeological clearance from the Pl. ing Director. The archaeological cl ance requires a finding that sufficient t gative measures are taken for the discovery with written guidance from the State Historic Preservation Division of the Department of Land and Natural Resources. 10. An extension of time for the performance of the conditions contained herein may be granted by the Planning Director upon the following circumstances: a) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; b) Granting of the time extension would not be contrary to the original reasons for the granting of the permit; and c) The time extension granted shall be for a period of not to exceed the period originally granted for perforrnance (i.e., a condition to be performed within one year may be extended up to one additional year). 11. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director shall initiate procedures to revoke the permit. If you have any questions, please contact Lucas Mead of this department at (808) 961-8140. APPROVED: A 411111, .411 t C .CgrifvP' Planning Director Dat 940 PP DP:.0 'Pi ng ILO - 9 .Pi (FA :741IPPP... IIIPPPNWHI JO CV ,UPPIPPI DA,/ 1,1...Nr100 PrPIPPOA RIPPPION PIPSL vonerrvOli.4 J.„.V PPPOpl SPUOPP SlIPVIE3fl "NPIPPP1 EIPHOVP19 000 DAVID Y. ICE COMMA OF HAWAII January 26, 2017 Carl Roesner Blue Ribbon Builders P.O. Box 526 Honaunau, HI 96726 Dear Mr. Roesner STATE OF HAWAII DEPARTMENT OF LAND AND NATU RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD, STE 555 OLEI, HAWAII 96707 SUMMIT O. CASE SOMETIME TOM M OEL ITI MO HAMM IITTOIMCES atechasm ON WATER IMOITICE MANPZEMENT HMO's /SALMIS/A EISSIMEMY JEFFFIT/ T. PEARSON • jr MEMO WATIR MlIATIC IMMO; MAIM MD OCEAN SYMEATION • OVIVAMEI COTEMSION OE EMU IMOTECT EAMOMETIF COMERVAIME AMI COMAS LDS MT MIAMI AM ISTOIMM.S mancemEws VOWITING FORMAI AEO ESSMIE FIF-SFIVAME IMICOLAWF IMMO MIME LEMAITION LAND TIME /MIT IN REPLY REFER TO: Log No.: 2017.00062 Doc. No.: 1701 19 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review — Archaeological Monitoring Plan for Proposed Development of 1.896 acres Halualoa 1" and 2" Ahuptta`a, North Kona District, Island of Hawari TMK: (3) 7-6-014:018, 019, 020 Thank you for the opportunity to review this draft plan titled Archaeological Monitoring Plan for the Proposed Development of .ICs: (3) 7-6-014:018, 019, and 020 Holualoa 1st & 2nd ahuptta'a North Kona District Island of Hawaii (Gotay and Rechtman, January 2017). The State Historic Preservation Division (SHPD) received this submittal on January 18, 2017, Previously, SHPD requested an archaeological inventory survey (AIS) following a field inspection of un -permitted grubbing of the subject parcels (August 27, 2014; Log No. 2014.3623, Doc. No. 1408MV26). The AIS was accepted on January 9, 2017 (Log No. 2014.05540, Doc. No. 1701 05). This archaeological monitoring plan ( • I*) was prepared at the request of Carl Roesner, of Blue Ribbon Builders. The property owner for all three parcels is Ghost Rider LLC. The project area includes the entirety of the subject parcels and totals 1.896 acres The landowner plans to grade and grub the property in preparation for construction of a single family residence. The AIS (Rechtman and Clark, 2014) involved a 100% surface survey and the excavation of five backhoe trenches (13T-1 through BT -5). As a result of the recent grubbing, surface visibility was excellent. No surface rcmnants of the Site 6315 Feature G wall were observed during the survey. The AIS documented extensive low-density distribution of shell and coral fragments through much of the project area, with two denser scatters toward the center of the property and near the northwest corner. Marine shell was identified within three trenches (BT -1, BT -4, and BT -5), and coral fragments were also observed in two of the three trenches (BT -1 and BT -4). The results of excavations indicated a shallow, widely distributed cultural layer (Layer 1). The Layer I deposit may be the result of previous grubbing and grading work disturbing thc nearby midden scatters (Sites 20687, 20688, and 25953). Rechtman and Clark (2014) asserted that no intact deposits wcrc observed within the project area. Nonetheless, the report recommended that archaeological monitoring be conducted as mitigation for the proposed development activities. The SHPD made a determination of "effect, with agreed upon mitigation commitments" for the project and concurred with the recommendation of archaeological monitoring. The II' was prepared in support of the AIS mitigation recommendations. The I indicates that subsurface features related to burial, temporary habitation, or agricultural deposits may be encountered in areas where previous disturbance was minimal or relatively shallow. Due to the potential to encounter subsurface historic properties the stipulates the following: 1* • Pre -construction briefing will be conducted prior to construction activities; • On-site archaeological monitoring for all ground disturbing activities; Mr. Rocsner January 26,2016 Page 2 The archaeological monitor shall have the authority to temporarily halt all activity in the area in the event of a otential historic property being identified, or to record archaeological information for cultural deposits or features; 9 In the event that own -burial historic properties are identified, the archaeological monitor shall protect the find from further disturbance until the find can be adequately assessed and documented as necessaiy; and If human re ains are identified, work will cease in the vicinity and the find shall be secured, and provisions outlined within the Ha aii Revised Statutes ( S) §6E-43 and Hawaii Administrative Rules (HAR) §13-300-40, and any Sf1JD directives, shall be followed. Documentation of non -burial cultural deposits may include recording stratigraphy using USDA soil descriptions, GPS point collection, recordation of feature contents through excavation or sampling of features, screening of features, representative scaled profile drawings, photo documentation, and appropriate laboratory analysis of collected samples and artifacts: Departure from these provisions will occur only in consultation with and concurrence from the SHPD. Final curation of collected items shall be determined in consultation with the landowner and the SHID. The plan meets the minimum requirements of Hawaii Administrative Rules (HAR) §13-279-5. It is accepted: Please send two hardcopies of the document, clearly marked FINAL, along with a text -searchable PDF version to the Kapolei S}1I office, attention SHPD Library. Please contact me at (808) 692-8027 or at Kimi:R Mat uhimaahwiiov if you have any questions regarding archaeological resources or this letter. Aloha, Kimi Matsushima tiYahu Lead Archaeologist cc: Bo Rechtman, PhD, ASM Affiliates (brechtmangasmaf(uliates.com) TO: DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII Michael Yee, Planning Director J .. DATE: May 11, 20y7 FROM: L/' Department of Public Works, Engineering Division SUBJECT: SMA USE PERMIT ASSESSMENT APPLICATION (SAA 17-001494) Applicant: Carl Roesner Land Owner: Ghost Rider, LLC Request: Grading Work on Undeveloped Lots TMK: 7-6-014:018, 019, & 020 We have reviewed the subject application for compliance with Chapter 27, Floodplain Management, forwarded by your memorandum dated May 1, 2017 and offer the following comments. We have determined that the subject properties are located within Zone X according to the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). All earthwork activity, including grading and grubbing, shall confirm to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Should there be any questions concerning this matter, please contact Merrick Nishimoto of our Kona Engineering Division office at 323-4852. County of Hawaii Is an Equal Opportunity Provider and Employer DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII TO Michael Yee, Planning Director Planning Department FROM SUBJECT : 2717 RUG 10 PSI 2 11 PLANNING DEPARTMENT COUNTY OF HAWAII DATE: August 9, 2017 Department of Public Works, Engineering Division Special Management Area Use Permit Assessment Application (SAA 17-001520) Applicant: Ghost Rider, LLC — Carl Roesner Land Owner: Ghost Rider LLC TMK: (3) 7-6-014:020, North Kona, Hawaii We reviewed the subject application for compliance with Chapter 27, Floodplain Management, and our comments are as follows: We have determined that the subject property is located within Flood Zone "X" according to the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). The proposed project is not subject to regulation under Chapter 27 of the Hawaii County Code. Should there be any questions concerning this matter, please contact Natalie Whitworth of our Kona Engineering Division office at 323-4853. NW copy: ENG-HILO/KONA Hawaii County is an Equal] opportunity Provider and (Employer 113359