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HomeMy WebLinkAboutjun10MEETING OF THE KAUAI COUNTY HISTORIC PRESERVATION REVIEW COMMISSION THURSDAY, .TUNE 10, 2010 3:00 p.m. Lihue Civic Center, Moikeha Building Meeting Room 2A /2B 4444 Rice Street, Lihue, Kauai AGENDA CALL TO ORDER APPROVAL OF THE AGENDA. RECEIPT OF ITEMS FOR THE RECORD APPROVAL OF THE MAY 6, 2010 MEETING MINUTES A. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS 1. Seminar on the Story of Architecture in Hawaii and Historic Preservation Conducted by Historic Hawaii Foundation, June 24, 2010, 1 :00 pm to 4:00 pm, Moikeha Room 2A/2B, 4444 Rice Street, Lihue, Kauai. B. COMMUNICATIONS C. UNFINISHED BUSINESS 1. Letter (2/11/2010) from Malia Luika Farias, Cultural Researcher, Cultural Surveys Hawaii requesting input for a Cultural Impact Assessment for a proposed rock crushing establishment along an approximately 5 mile section of 50 acres, on the lower side of the Kekaha Ditch, Pokii Ahupuaa, Waimea District, Kauai Island, Hawaii, TMK: [4] 1 -2- 002 -001 = Pohaku O Kauai Materials, LLC. D. NEW BUSINESS 1. St. Raphael Church TMK: 2 -8 -013 -004 Demolition of Old Rectory. 2, Special Management Area Use Permit SMA(U)- 2010 -5, Rock Fall Mitigation Project for the Kalalau Trail, Tax Map Key: (4)5- 9 -1:1, State of Hawaii, Department of Land & Natural Resources. June 10, 2010 K.H.P.R.C. Agenda Page 2 E. SELECTION OF NEXT MEETING DATE AND AGENDA TOPICS (7/1/2010) F. ADJOURNMENT EXECUTIVE SESSION: The Commission may go into an executive session on an agenda item for one of the permitted purposes listed in Section 92 -5(a) Hawaii Revised Statutes ( "H.R.S."), without noticing the executive session on the agenda where the executive session was not anticipated in advance. HRS Section 92 -7(a). The executive session may only be held, however, upon an affirmative vote of two - thirds of the members present, which must also be the majority of the members to which the board is entitled. HRS Section 92 -4. The reason for holding the executive session shall be publicly announced. Note: Special accommodations and sign language interpreters are available upon request five (5) days prior to the meeting date, to the County Planning Department, 4444 Rice Street, Suite 473, Liliue, Hawaii 96766. Telephone: 2414050. Join Us for a seminar on the story of Architecture in Hawai i and Historic- Preservation When? June 24,2010 1:00 p.m. to 4:00 p.m. Where? Moikeha Room 2A /B 4444 Rice Street Lihu'e, HI 96766 Cost? $120 includes full -color study manua FAVU The seminar will provide visual and interactive instruction to teach planning, design and real estate professionals how to identify styles of homes that have contributed to the architectural history of Hawaii, and to understand the tools available for preserving Hawaii's architectural history. Instructors: • Kiersten Faulkner, AICP, Executive Director, Historic Hawaii Foundation • Katie Kastner, Director of Field Services, Historic Hawaii Foundation Continuing Education: • American Institute of Architects This course is registered by AIA Honolulu, an AIA/CES Provider and has been approved by AIA /CES for 2.5 HSW -SD credits. • American Planning Association Hawaii Chapter will submit the class for AiCP Certificate Maintenance credits (3 CM credits) m JUN 10 2010 Register online at historichawaii.org or call 523 -2900. Deadline for registration is June 18, 2010. K oll 00 V) Vi N r` M qqt Q (Y] r Q Cn r^ e Q 0) Cf) Q r T T (.0 °° N LO co t Q 00 CSS N (Y) T r .. • N y 0q ) G� " r• L /R iY 0 Y uj ", 0 •- a mamma NNW um � ® b0iffiffil LM >1 O y a� cc M � ® 0 a am Cl) W U CL M a� O c a• W O � � � U ¢ cc O = "i O U o CL U "� am Q. co i C >+ cz T E U 4� 400 U [tf C 0 Cn M CC Lt > Q = E L man •Y c 4) MMO[ o® o Y C a••r .�0 m� . i ® ip 4MM YFM1 Y� •s ;r .}M C / kO Q tiy �y z ,s! O O CL U Yr Z 0 0 o •� � v U Y O O s. ..O LPL N Co co _ U Cl 0 O c 0 c to co O 4� uiQ 0 U �o CO CO CD > U) O U) •� co ® O •� co E O U y �� o y, in O O 0 •� O. _ E oC m O O �((^^V / '' f U � O U O d' rn T CL {1) U 0 C CL 0 W i {wO V v er' a ?i r r• 4 1 r f 1�w Y. 4 tt y' L��iy�L� S�'1 ^ � •f s • fi..,G .,. ;I� lei:. ;:. ''_:tic+ `s.'(l,�'d'.�stihE.: ^..�;. ;'.;, y'''pp}$.•j //''y ,. Li9 P. . ivNMM[.a x.> w 1. of alf W ax. ' - rS7 S !� `fD�µ lw S Ip Diocese of Honolulu • Office of tlm Vicar General • ��a�v.catholici�ai�xii.c�rF= 1184 Bishop Street, Honolulu, H1 96813 -2859 • 808.585.3345 • �nalex<an crC ?'rcClri +Uii.c>r* 22 April 2010 Rev. Augustine Uthuppu, MS Pastor St. Raphael's Parish 3011 Hapa Road Koioa, Kauai, Hawaii 96756 -9776 SUBJECT: ST. RAPHAEL OLD RECTORY DEMOLITION APPROVAL A Dea.F i=r. Augustine, Bishop Larry Silva asked me to repay to your letter of March 9, 2010 requesting permission to demolish the old Rectory building damaged during Hurricane Inikki in 1992, i am happy to approve your request; however, care must be taken to ensure that the parishioner willing to donate his time and equipment is a licensed contractor. Please contact Vince Vernay (808 -685 -3334 or vvernay @rcchawaii.org), our Diocesan Facilities Services Manager for appropriate contracts and insurance coverage. Thank you for leading your parishioners in being good stewards of the parish patrimony. God bless you always! Sincerely yours in Christ, y A % -If -- � F^ Very Reverend Marc Alexander Vicar General cc: Most Rev, Larry Silva Marlene De Costa Lisa Sakamoto Vince Vernay j ��, C� &$ 1 1 04 �a =LF-- . e � �E _D onto P v ,1��,p-, �z � lag , r • s' is g'.�j `B r ?DES ���� e m vo o M FA County of Kauai }Manning Department Special Management Area Shoreline Shoreline Setback Determination Application Kalalau Rockfall Mitigation Island of Kauai April 2010 Prepared For: State of Hawaii Department of Land and Natural Resources Division of State Parks 1.151 Punchbowl Street, Room 310 Honolulu, HI 96813 Prepared By: AECOM Technical Services Inc. (ATS) 841 Bishop Street, Suite 500 Honolulu, Hawaii 96813 Table of Contents Shoreline Setback Determination Application Attachments A— Letter of Authorization B— Special Management Area Assessment Form C--- --Maps 1) Location Map 2) Topographic Map 3) TMK Map 4) Aerial Photo including Project Area, Topography & Tax Map Keys D--- Engineering Drawings E- --Site Photos F— Excerpt from Archeological Report 1) Stream Channel Alteration Permit Determination 2) Conservation District Use Permit Maintenance Exemption 3) Act 343 (EA/EIS) Maintenance Exemption r Shoreline Setback Determination Application SHORELINE SETBACK APPLICATION SSD -2010- Receipt date Determination. date Tech Planner SSCR -2010 Instructions: File all information requested under Part A for processing the Determination of Applicability (§ 8- 27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shore, that your parcel will require a Certified Shoreline Survey. If you are nronminrr a nemitted activity or structure within the shoreline setback fill in Part C and/or Part D if you are aDnlvina for a variance. A lieant Infarmatran ,. {'.:- ;` Applicant Name: Laura Thielen, Chairperson Contact hone: 808 -587 -0401 Address: State of Hawaii Dept of Land and Natural Resources State Parks Division 1151 Punchbowl Street, Rom 131 Honolulu, HI 96813 Alternative Contact (if different): Russell Kumabe Alternative contact hone: 808- 587 -0305 Pro ectlnforn�ation: attach additional sheets '. Site address: Napali Coast State Wilderness Park, near Kalalau TMK: 4- 5- 9- 001:001, 4- 5- 9- 001:002 County Zoning District: none General Plan designation: Open State Land Use: Conservation Description of proposed activity: Rockfall mitigation: Manual scaling of rocks and boulders to ensure public safety in a heavily used area in the Napa[! Coast State Wilderness Park. Part A Shoreline Setback Determination of Applicability (§ S -2701) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and /or documentation. ® a Abutting Shoreline ® Distance of improvement from Shoreline is approximately 0 feet to the west of the stream; 400 -400 ft east of stream ® Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: None, parcel abuts shoreline. C1 4/7/2010 Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) See attached topographic map. Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Sandy beach Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead) Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter) Is property in coastal floodplain (if checked, what zone) Has this property been subject to coastal hazards in the past? (If checked, please describe) (b) Within 500 feet of Shoreline Applicability (Planning Department fills out) Not subject to Determination This Determination is only applicable to this request for determination of applicability. Setback Determination necessary. Requirements of Ordinance 863 apply, submit full application. Planning Director Date Applicant's Signature I, Tobias Koehler, declare that I am the ewer -ef owner's authorized agent of the property (see attached Letter of Authorization) involved in this application, and that the attached information and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief Signature Date Disclaimer This assessment is hasal an information provi icd. Picasc be aware that there is alwiys uncertainty in prctlieting tho future shoreline changes. In addition, morn Than likely erosion talcs will accelerate in the fvtwc duc to climate change and associated rclathv sea level rise, and hurnan Wiaics, such as armoring beach sediment sourcm 4/7/2010 i� Shoreline Setback Determination `Stablishment of the Shoreline Setback Line If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Shoreline Setback Determination (§ 8 -27.3) ® Date of Shoreline delineation inspection (by DLNR) None Available ❑ Survey plan ® Other: Aerial Imagery, see attached figue. n Date of Certified Shoreline approval (by DLNR) Optional data requested for analytical Average Lot Depth 160+ ft. Average includes section of parcel that extends to the back of Kalalau Valley, to the east of the project site. In vicinity of the project area, lot depth averages I annroximately 150 ft. Section 8 -27.3 Shoreline Setback Determination: Establishment of the Shoreline Setback Line. (a) No shoreline setback line shall be established for any lot subject to this Article unless the application for a shoreline setback line includes See attached a shoreline survey certified not more than six (6) month prior to submission of the application. (b) For lots with an average depth of one hundred sixty (160) feet or less, the shoreline setback line shall be established based on the average depth of the lot as provided in Table 1, or at the option of the applicant, upon a coastal erosion study as provided in Table 2. Table 1: The distance in feet of the shoreline setback line as measured from the certified shoreline based on the average lot depth in feet. See attached table and substitute for below: If the average lot 100 feet or 101 to 120 121 to 140 141 to 160 161 to 180 181 to 200 More than depth is: less feet feet feet feet feet 200 feet Then the minimum 40 feet 50 feet 60 feet 70 feet 80 feet 90 feet 100 feet setback distance Provide proposed setback from certified shoreline in feet: (c) For lots with an average depth of more than one hundred sixty (160) feet, the shoreline setback line shall be established based on a coastal erosion study as provided in Table 2 and shall be no less than the setback distances set forth in Table 1 as applicable. Table 2: The distance in feet of the shoreline as measured from the certified shoreline based on the footprint and a coastal erosion study. For structures with a Less than or equal Greater than 5,000 square feet building footprint that is: to 5,000 square feet or 40 feet plus 70 40 feet plus 100 times the Then the setback distance is: times the annual annual coastal erosion rate half of coastal erosion rate project Provide proposed setback from certified shoreline based on building footprint in feet: NIA —there is no "building or structure as pars of this project. Work will occur within the setback area on the western half of the project area. 41712010 Part C SHORELINE SETBACK STRUCTURE OR ACTIVITY DETERMINATION FORM Shoreline Setback Structure or Activity Determination (§ 8 -27.8) This document is the request for a shoreline setback structure or activity determination form; please fill out if you are proposing a structure or activity within the Shoreline Setback Area, a determination of applicability (Part A & B) from the Planning Director shall first be obtained. Are you proposing a structure or activity in the setback area? YES Is the activity; Permitted? (§ 8 -27.7) — Please fill out Part C ❑ Prohibited? (§ 8.27.6) -- Please fill out Part C & D - - -- - -- -- - - - -- --------------- Describe proposed activity or structure: The project area falls within the Na Pali Coast State Wilderness Park on the Island of Kauai. A rockfall incident and a preliminary rockfall hazard evaluation that followed have prompted the Division of State Parks, Department of Land and Natural Resources (DLNR), State of Hawaii, to consult with AECOM Technical Services, Inc. (ATS), tka Earth Tech Inc., on conducting rockfall mitigation. The activities are characterized as maintenance of two areas for slope stabilization. Work is planned during September — November 2010. ATS and the DLNR have determined that the project area will include the cliffs above and surrounding the stream that flows over the Hoolea Falls and cliff areas over the beach immediately adjacent. A large block, about 227 cubic yards, with overhang and opened two -side fractures exists above the waterfall and is referred to as Black -i. Similarly, Block -2, exclusively over the beach area, also presents an imminent safety hazard. Proposed mitigation work will include the removal of Block -1 and Block -2, as well as rock scaling on surrounding cliffs. A majority of the work will be done by hand. Airbags will be placed in cracks to dislocate the blocks. Fallen debris too large to manipulate by hand will be broken using air tools. Only equipment and materials that can be flown in by helicopter will be utilized. DLNR will implement BMPs that are intended to limit or eliminate permanent impacts to the streambed, beach and surrounding areas. Dislodged materials falling in the streambed and on the beach would be removed to an upland receiving area in the vicinity of the DLNR composting toilets and maintenance shed. The site, 250 feet to the northeast of Hoolea Falls, does not have any exposed cultural sites that would be disturbed by the dislodged materials. In addition, the materials would be placed in areas closed to public access. The project will not result in any constructed structures or dwellings. Written text addressing the above proposed structure or activity addressing the compliance with § 8 -27.8 (c) (2): We believe that the project activities are temporary in nature as defined in Section 8 -27 -2, Kauai County Code; where mitigation activities will not irreversibly and adversely affect beach processes, public access, or public views nor artificially fix the shoreline in an irreversible way. We request a determination of this issue and that a certified shoreline will not be required. We will com ly with the County's decision. If determination of structure or activity is approved, the Applicant shall agree in writing that the applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures or activities from any coastal natural hazards and coastal erosion ( §8 -27.7 (b) (2)). 4772010 t I SHORELINE SETBACK VARIANCE FORM Part D Shoreline Setback Variance (§ 8 -27.9) This document is the request for a shoreline setback variance. In addition to the documentation and information requested in Parts A, B, and C, the Applicant applying for a variance is required to submit all required information, per § 8 -27.9 listed in the checklist below. oAn administrative fee of $300.00. The administrative fee shall be seventy -five hundred dollars ($7,500) if the application is made after the structure is partially or fully built without the required approvals. Certification from the owner or lessee of the lot which authorizes the application for variance; An environmental assessment and or EIS, if required, prepared in accordance with HRS 343; I El The names, addresses, and the tax map key identification of owners of real property situated adjacent to and abutting the boundaries of the Iand on which the proposed use, activity, or operation is to occur (attach information); lan of the shoreline setback area, drawn to scale, showing: Existing natural and man -made features and conditions within; Existing natural and man -made features and conditions along property immediately adjacent to the shoreline setback area and proposed improvements; The certified shoreline and the shoreline setback line (submitted under Part B); Contours at a minimum interval of two (2) feet unless waived by the Director; and Proposed development and improvements showing new conditions with a typical section (if a structure). A copy of the certified shoreline survey map of the property (submitted under Part B); Detailed justification of the proposed project, which addresses the purpose and intent of these rules and the criteria for approval of a variance (attach written statement); Analysis and report of coastal erosion rates and coastal processes; and Any other information required by the director (please list). Any structure approved within the shoreline setback area by variance shall not be eligible for protection by shoreline hardening during the life of the structure, and this limitation and the fact that the structure does not meet setback requirements under Section 8 -27.3 and could be subject to coastal erosion and high wave action shall be written into a unilateral agreement that is recorded by the Bureau of Conveyances of Land Court, as the case may be. A copy of the unilateral agreement shall be submitted to the Planning Department prior to the issuance of the required zoning and/or shoreline setback variance. Failure of the grantor to record these deed restrictions shall constitute a violation of this section and the grantor shall be subject to the penalties set forth in this article. For any structure approved within the shoreline setback area by variance, the applicant shall agree in writing that the applicant, its successors and permitted assigns shall defined, indemnify and hold the County of Kauai harmless from and against any and all loss, liability claim, or demand arising out of damages to said structure and this indemnification shall be included in the unilateral agreement required above. 4/7/2010 o : s: jelles �, ry LINDA LINGLE GOVERNOR OFRAWAII 1 � 1I \ � \I! \!1 \• 1' ' t i' Mr. Ian K. Costa, Planning Director County of Kauai Planning Department 4444 Rice Street, Suite 473 Lihue, Hawaii 96766 Dear Mr. Costas: el 1 0M id LAURA M THIELEN CRAMPEPSOx BOARD OF WD AND NAMAL RESOURCES CO!•A. MTON ON WAM RESOURCE "AGSM NT RUSSELL Y, TSVJI FJRST DEFUFY KEN C. KAWAHARA DEPUTY DME=R • WATER _... ._ -.. _. ... _._ .. _. _ KAHOOLAWE ISLAND RESERVE COI^MI0N POST OFFICE BOX 621 STATE HONOLULU, HAWAII 96809 Na Pali Coast State Wilderness Park Kalalau Section, Rockfall Mitigation Prase 2 Kauai, Hawaii The State of Hawaii, Department of Land and Natural Resources, the owner of the above. referenced property, hereby authorizes AECOM Technical Services, Inc. to prepare, file, process, and obtain all necessary permits and approvals for the subject project, including but not limited to Special Management Area and Shoreline Setback Application approvals. If you have any questions, please call Mr. Alvin Satogata in Honolulu at (808) 587 -0277. Sincerely, LAURA. H. cc: ATS, Inc. DLNR/State Parks •LEN '-A SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING A licant lhformation atldltional sheets if'necessa Name: Laura Thielen, Chairperson Contact phone:808 -587 -0401 State of Hawaii 4 -5 -9- 001:001;4 -5 -9- 001:002 Department of Land and Natural Resources Address: General Plan designation: Open 1151 Punchbowl Street, Room 131 Honolulu, HI 96813 used area in the Napali Coast State Wilderness Park. Applicant's Status if not Owner Contact Person: Russell P. Kumabe Contact phone: 808-587-0305 Development Branch Chief, DLNR Property Owner: (if different) Contact phone: Project lnformation attach atldltional sheets if'necessa Site address: TMK: Na Pali Coast State Wilderness Area 4 -5 -9- 001:001;4 -5 -9- 001:002 Near Kalalau Valle /Hoolea Falls County Zoning District: -none- General Plan designation: Open State Land Use District: Conservation Nature of Development: Rockfall mitigation to ensure public safety in a heavily used area in the Napali Coast State Wilderness Park. NOTE: An Environmental Assessment in accordance with HRS Chapter 343 is required for actions requiring a Shoreline Setback Variance. Please contact the Planning Department for further information. Valuation of Development: $600, 000 estimated for slope maintenance activities (Attached contractor's estimate) Date of Application: 03/22/2010 Part B. The petitioner shall be responsible for filing the following required information with the department before an application is considered complete: 1. A written description of the proposed project, location and a statement of reasons /justification for project. The project area falls within the Na Pali Coast State Wilderness Park on the lil 4/29! ©9 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI f DEPARTMENT OF PLANNING i Island of Kauai (TMK (4) 4 -5 -9 -001: 001, 002). Kalalau Beach is located on the northwest coast of Kauai ( "Na Pali Coast "). It is a remote location accessible by ) foot (11 -mile hike), by sea (permitted beach landing), or by helicopter (Attachment C -1). This remoteness has made it a popular backpacking /camping destination, where camping permit requests have increased annually. j A rockfall incident in this area in 2007 prompted the Division of State Parks, % Department of Land and Natural Resources, State of Hawaii ( "State Parks" and "DLNR "), to consult AECOM Technical Services CATS ") fka EarthTech Inc. ATS assessed the rockfall hazard potential of certain areas and identified hazard mitigation measures, including the current slope maintenance activities at Kalalau Beach. ATS determined that Block 1 and 2 areas pose imminent rockfall hazards, and recommended the scaling and cleaning of loose and unstable materials from the slopes in these areas. If left unattended these blocks may fail on its own accord through time, but with the amount of people traveling and t recreating in these areas, uncontrolled rockfalls will result in personal injury and liability. These activities are characterized as maintenance of slope areas and work is planned during September through November 2010. i The project site will include the cliffs and slopes above and adjacent to the stream from Hoolea Falls. The stream flows from the waterfall and seeps into the sand. A large overhanging block about 227 cubic yards with opened fractures exists above the waterfall and is referred to as Block -1. Block -2, with similar fracturing and an estimated volume of 1250 cubic yards is perched over the entrance of the sea cave on the beach. Both Blocks are rated Category 1 with imminent potential for rockfall in the rockfall hazard analysis commissioned by the State. Both blocks have little or no side support, little back support, and weak bottom support due to the overhang and highly fractured rocks at bottom. Proposed mitigation work will include the removal of Block -1 and Block -2, as well as rock scaling on surrounding cliffs. A majority of the work will be done by hand, and the remainder will be done using airbags placed in cracks to dislocate the blocks. Only equipment and materials that can be flown in by helicopter will be utilized. Neither explosives nor heavy machinery that would require landing a vessel will be used for the maintenance activities. We are instituting BMPs that are intended to limit or eliminate permanent impacts to the stream and surroundings. Dislodged materials falling in the streambed and on the beach would be removed I to an upland receiving area in the vicinity of the DLNR composting toilets and maintenance shed. The site, 250 feet to the northeast of Hoolea Falls, does not have any exposed cultural sites that would be disturbed by the dislodged materials. In addition, the materials would be placed in areas closed to public access. N 4129109 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING 2. If property abuts a shoreline, a certified shoreline survey conducted by a registered land surveyor within 6 months of an application shall be submitted, when required by the Planning Agency. Approximately half of the project area abuts the shoreline. Mitigation activities will be undertaken across most of the project site, with special consideration given the beach area and the path of the stream. A site map that illustrates the project's boundaries can be found in Attachments C -2 through C -41 We believe that the project activities are temporary in nature as defined in Section 8 -27 -2, Kauai County Code; where mitigation activities will not irreversibly and adversely affect beach processes, public access, or public views nor artificially fix the shoreline in an irreversible way. We request a determination of this issue and that a certified shoreline will not be required. We will comply with the County's decision. 3. A plot plan of the property, drawn to scale, with all proposed and existing structures and other pertinent information. Also, preliminary building sketch plans are be submitted. See Attachment D. 4. Any other plans or information requirements by the Director. Note: An Environmental Assessment or Environmental Impact Statement that has been declared adequate under the National Environmental Policy Act (NEPA) or under Chapter 343, HRS, may constitute a valid filing under this section. A draft environmental assessment pursuant to Chapter 343, HRS, will not be required. The Environmental Council, Department of Health, State of Hawaii ( "EC" and "DOH ") in Docket 91 — EX — 1, issued exemptions to State Parks on December 23, 1991. The activities of the proposed project are exempt pursuant to Exemption Class 1.5: Camp and picnic grounds and facilities, scenic viewpoints — within developed, maintained portions of State Parks [February 5, 1976] For further compliance with current amendments to Chapter 343, HRS, State Parks will submit a declaration of exemption to DOH based upon consultations with the State Historic Preservation Division, DLNR and with members of the Haena and Hanalei communities through a public information meeting held on January 21, 2010 in Hanalei. Additional public information meetings may be scheduled to inform other stakeholders on Kauai. 5. Proiect Assessment: 4129109 3 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING a. Description of the area and environment involved including flora and fauna, and other features; The project area is characterized by steep cliffs that descend down to the shoreline. A stream divides the project area in two. To the east of this stream, the cliffs descend down to narrow strip of land before transitioning to beach sand. To the west, the cliffs descend directly to the beach. Rock falls in this area are common. The surrounding cliffs are composed of substrate with variable erosion rates, such that softer soils erode away from embedded rocks. Eventually these rocks are freed, and they fall off the Pali into the areas below. Piles of rocks, and trees with fresh scars from falling rocks are prevalent along the base of the cliffs. The vegetation at the cliff base is very disturbed due to frequent rock falls and human influences (cutting & clearing), and is dominated by Java Plum (Sysygium { cumini) trees, an introduced weedy species. A grove of Kukui trees is found in the vicinity of a closed camping area 50 feet from the waterfall. The Kukui trees will not be disturbed as part of this project, The physical and biological characteristics in the vicinity of the stream are similar to the surrounding areas, shaped by frequent disturbance. The only organisms visible in the stream were cane toad tadpoles that were observed in the stream's pools. A survey of the vegetation in early April 2009 did not note any sensitive or endangered plants at the site. All plant species in the area that may be impacted are introduced species, a result of heavy use by campers. b. Description of the existing land uses of the project site and surrounding areas; The area is frequented by backcountry users. The stream is a primary water {/ source for the nearby camping areas. c. Description of how the proposed project will affect the area involved and surrounding areas. Specifically the assessment should evaluate if the proposal: i. Involves an irrevocable commitment to loss Yes No or destruction of any natural or cultural ��� resources, including but not limited to, historic sites, Special Treatment Districts as established by the County of Kauai Comprehensive Zoning ordinance, view planes or scenic corridors as outlined in rd 4/29/09 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING the Community Development Plans, and recreation areas and resources; Discussion: The project will not irrevocably commit to the loss or destruction of resources in this park section. Project activities will result in visual impacts on the slope faces that will be cleared, but these impacts are transitory and will be unnoticeable when these surfaces will blend in with surrounding slopes through weathering and vegetation growth. The environmental and cultural resources in the project site will be protected through the implementation of best management practices (" BMPs "). Scaling activities and Block 1 removal will only have a temporary impact in the other drop zones ( streambed and adjacent beach area). Project plans and other regulatory requirements call for the collection and removal of all debris that fall in the streambed and onto the beach. A geotextile fabric liner will be laid out across these areas to intercept and keep separate debris that has fallen from above. Vegetation damaged by this activity will naturally regenerate because of the availability of water. No significant (biologically or culturally) flora or fauna are present in the drop zones. A cultural site to the east of the waterfall has been subject to prior disturbance from campers and repeated rockfalls. Any materials that impact this area will be removed and the site will be restored to its existing condition. From a site inspection in 2009, no other cultural sites were observed in the project site. The receiving area is presently overgrown with young Java Plum trees (< 4" in diameter) which will be cut down to allow a helicopter to place and empty bags laden with rock debris. The contractor may propose alternative means to move rock debris to the receiving area. The trees are young because actively falling rocks entering the receiving area regularly damage them. It is expected that following deposition of the debris, these weedy trees will again colonize the receiving area, or even resprout from the stumps. Large kukui trees at the edges of the receiving area will not be disturbed. A probable cultural site to the east of the water fall has been subjected to repeated rockfalls and manipulation by campers. The amount of hand - scaling on the cliffs above this area is not expected to alter this site. The cliff faces were visually examined in October 2009 by a State Parks Archeologist for cultural resources. Significant cultural sites were not observed in the vicinity of the project. ii. Curtails the range of beneficial uses of the � I 5 4/29/09 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING environment; Discussion: The project's intent is to ensure the safety of park users, campers and hikers in this section of Kalalau Beach. iii. Conflicts with the County's or the State's Yes No long -term environmental policies or goals; C Discussion: The project will not result in any conflicts with the County's or State's long-term environmental policies or goals. The implementation of project BMPs will address any short -term impacts to the project site. iv. Substantially affects the economics or 1 El 107 social welfare and activities or the community, County or State, Discussion: The maintenance focus of the project will not affect the economics or social welfare and activities of the Na Pali Coast community, County of Kauai or the State of Hawaii. v. Involves substantial secondary impacts, such as population changes and effects on public facilities; Discussion: The maintenance focus of the project will not result in substantial secondary impacts, such as population changes and effects on public facilities. vi. In itself has no significant adverse effect but ❑ 1 z cumulatively has considerable effect upon the environment or involves a commitment for larger actions; Discussion: 4/29/09 E; SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING The maintenance focus of the project will not result in cumulative effects upon the environment or involve commitment of larger actions. The clearing of loose materials on slope areas are targeted to specific areas and will not affect other slopes outside the project site. 0 vii. Substantially affect a rare, threatened, or endangered species of animal or plant, or its habitat; Discussion: The maintenance focus of the project will not result in effects to rare, threatened, or endangered species of animal or plant, or its habitat. In 2009 site visits, there were no species of concern identified in the project site. The kukui trees in the receiving area will be protected and preserved. viii. Detrimentally affects air or water quality or Yes No ambient noise levels; or El Discussion: Best Management practices are being instituted to minimize the impacts of the project on the stream's water quality. Prior to scaling or boulder removal, stream waters will be diverted from the base of the water fall through a pipe to its present discharge point at the beach. Geotextile fabric will them be laid out across the entire streambed area and along the base of the cliffs to form a barrier between the existing ground and any debris that are dislodged. All material falling will subsequently removed. If Block 2 debris is permitted to remain where it falls, no such barrier will be laid out in its drop area. ix. Affects an environmentally sensitive area, ® I ❑ such as flood plain, shoreline, tsunami zone, erosion - prone area, geologically hazardous land, estuary, fresh water or coastal water; Discussion. The project site is near /at the shoreline and will have an effect, primarily on a temporary basis, on areas in the vicinity of the shoreline. The waterfall area will also temporarily be impacted. Planning and Best Management Practices will be in place to avoid impacts wherever possible, and mitigate for those impacts that are not avoidable. 0 4/29/09 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING x. May have a major effect on the quality of the environment or affect the economic or social welfare of the area; and Discussion: The maintenance focus of the project will not have a major effect on the quality of the environment or affect the economic or social welfare of the Na Pali Coast or County of Kauai. The implementation of BMPs will mitigate any short -term impacts to the project site. xi. Would possibly be contrary to the policies ❑ 10 1 and guidelines of the Rules and Regulations, the County's General Plan, Development Plans, and Zoning and Subdivisions Ordinances. Discussion: The maintenance focus of the project is not contrary to the policies and guidelines of the Rules and Regulations, the County's General Plan. Since the project site is not zoned by the County of Kauai, provisions of the Zoning and Subdivision ordinance do not apply. Also, the project will not result in the construction or development of structures, dwellings, increased population and housing densities, nor the creation of parcels. However applicable policies of the General Plan are discussed below. General Plan Policy 3.1.1.1 (d) - Hertiage Resource Maps — Projects undertaken with State or County land or funds shall be designed to conserve heritage resources. The project site is designated Conservation on the County's General Plan Heritage Resource Maps. DLNR is responsible for the protection of resources in these areas and manages land uses in Conservation lands. The project is to ensure public safety in the Kalalau Beach section of the park, which is a responsibility of State Parks. General Plan 3.1.2 — State Responsibility. The project demonstrates DLNR's responsibility in managing Conservation lands. The maintenance of the slopes are to ensure public safety of users of this section of the Na Pali Coast State Wilderness Park. General Plan Policy 3.2.1 (3) — Scenic Views — Preserve the scenic qualities of lowland /open space features, such as the shoreline, the edge of a coastal bluff, a marsh, a fishpond, or a historic or cultural property. Structures should not impede or intrude upon public views of the feature and should not alter the character of the immediate area around the land feature, historic or cultural property. 4129/09 f� SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING The maintenance focus of the project will preserve the shoreline access to the coastal scenic views of this park section by making these areas safer by removing imminent rockfall hazards. General Plan Policy 3.3.2.3 (a) — Archaeological Resources -- In order to prevent destruction of archaeological sites, prepare a set of predictive maps identifying areas that have potential archaeological resources or burials. Inform government agencies and permit applicants engaged in land development projects about potential resources, as well as about requirements for survey and discovery. The following study was completed which included the project site: An Archaeological Reconnaissance Survey: Na Pali Coast State Park, Island of Kauai, prepared by Myra Jean F. Tomonark Tuggle, for the Division of State Parks, Outdoor Receation and Historic Sites, Department of Land and Natural Resources, State of Hawaii and for the Planning Department, County of Kauai, September 1989. The study identified a cultural site near the waterfall in the project site which have been disturbed significantly from campers and prior rockfalls. The project will implement BMPs that will protect and restore, if needed, this site from any maintenance impacts. General Plan Policy 3.4.2 (c). 2 — Watersheds, Streams and Water Quality - Prior to land disturbance, prepare and implement an approved erosion sediment control plan or similar administrative document that contains erosion and sediment control provisions. The project will be required to implement National Pollutant Discharge and Elimination System ( "NPDES ") permit requirements including measures to address sediment control. General Plan Policy 3.5.1 (b) — Coastal Lands - When developing public facilities or granting zoning, land use permits, or subdivision for development along the coast, the first priority shall be to preserve and protect sandy beaches. DLNR is requesting a land use permit via the SMA permit and determination process, and the maintenance of the slopes will not result in any development. The project activities ensure the safety of the park's sandy beaches. General Plan Policy 4.2.8.3 (e) — Visitor Activities, Parks and Natural Areas — Improve facilities, maintenance and management of activities at State and County Parks. Specific actions include: (9) Commit the necessary resources to ensure adequate levels of park maintenance, repair, and hygiene and to improve signage and interpretation of natural and cultural features. The project is a maintenance activity for the management of the Kalalau Beach section of the Na Pali Coast State Wilderness Park. Funding has been provided for the maintenance of the slopes. .9 4/29/09 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING d. Evaluation of the proposed development relative to the objectives and policies as contained in Chapter 205A, HRS and Section 3.0 of the Special Management Area (SMA) Rules and Regulations: (Complete following questionnaire) RECREATIONAL RESOURCES: Objective: Provide coastal recreation opportunities accessible to the public. Check either "Yes" or "No" for each of the following questions. If your answer below is "Yes" it is necessary to elaborate by providing comments in the "Discussion" section below the question you answered "Yes ". 1. Will the proposed development adversely affect coastal Yes No resources uniquely suited for recreational activities that ❑ cannot be provided in other areas? Discussion: The maintenance focus of the project will not adversely affect coastal recreational resources in this park section. The project will result in ensuring the safety of the public that utilize these resources. 2. Will the project require replacement of coastal resources El having significant recreational value, including but not limited to surfing sites, sandy beaches and fishing areas, when such resources will be unavoidably damaged by the proposed development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable? Discussion: The maintenance focus of the project will not require the replacement of coastal recreational resources in this park section. In 2008, camping areas near the waterfall were formally closed to permitted campers. In the summer, campers may use the makai portions of these closed areas for camping. 3. Is the project site near a State or County Park? Discussion: The project is within the Na Pali Coast State Wilderness Park, owned and managed by State Parks. 4. Will the proposed development affect an existing public access to or along the shoreline? I E 10 4129109 t SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING Discussion: The project is focused upon the maintenance of the slopes and will not result in a development that will affect public shoreline access. This access will be temporarily closed during the project period for safety reasons, but will be opened and made safer from the maintenance focus of the project. 5. Will the proposed development provide public access to and /or along the shoreline? Discussion: Yes No The project will result in improving the shoreline access through the removal of imminent rockfall hazards along area along the shoreline. 6. Will the proposed development encourage expanded ® ❑ recreational use of County, State, or federally owned or controlled shoreline lands and waters having recreational value? Discussion: The project will ensure the safety of existing public access including the Hoo €ea Falls which is the primary source of water for park users. 7. Will the development generate point or non -point sources of pollution that will affect recreation value of coastal area? 0 1 Z Discussion: Disturbance, if any, will be temporary, and is very unlikely to have an effect on water quality. At most, turbidity will be elevated during installation and removal of the BMPs in the streams. Only equipment and materials that can be flown in by helicopter will be utilized. No heavy equipment requiring the landing of a vessel will be used for the project (most work will be conducted by hand) that can contribute to point and non -point source contamination. 11 4/29/09 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING HISTORICAL RESOURCES: Objective: Protect, preserve, and where desirable, restore those natural and man -made historic and pre - historic resources in the Special Management Area that are significant in Hawaiian and American history and culture. Check either "Yes" or "No" for each of the following questions. If your answer below is "Yes" it is necessary to elaborate by providing comments in the "Discussion" section below the question you answered "Yes ". 1. Is the project site within a Federal, State and/or County Yes No designated historical /cultural district? Discussion: The site fails within the Federal Na Pali Coast Archaeological District ( #84000266) 2. Is the project site listed on or nominated to the Hawaii or ® Q National Register of Historic Places? Discussion: Na Pali Coast Archeological District ( #84000266) 3. Does the project site include land Yes No which have not been ❑ previously surveyed by an archaeologist? Discussion: The following study was completed which included the project site: An Archaeological Reconnaissance Survey: Na Pali Coast State Park, Island of Kauai, prepared by Myra dean F. Tomonari- Tuggle, for the Division of State Parks, Outdoor Recreation and Historic Sites, Department of Land and Natural Resources, State of Hawaii and for the Planning Department, County of Kauai, September 1989 ( "Archaeological Survey "). 4. If an archeological survey has been conducted for the project site, has the survey been submitted to the State Historic Preservation Office for review and recommendations? Discussion: 12 4/29!09 r' SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING In addition to the survey described above, State Parks' archaeologist conducted a site visit to the project site and has requested a determination of a finding of no significant impact submitted to the State Historic Preservation Office. 5. Has any site survey revealed any information on historic or archaeological resources? (Please provide a copy or reference of survey) Discussion: Attachment F contains excerpts from the Archaeological Survey that identifies a cultural site near the waterfall. As noted, this site has been extensively disturbed by campers and prior rockfalls. The project will implement BMPs to protect this site from project impacts. 6. Is the project site within or near a Hawaiian fishpond? Discussion: The project site is not within or near a Hawaiian fishpond. 7. Is the project located within or near a historic settlement area? (Cemeteries, burials, heiaus, etc.) Discussion: M'' Attachment F contains excerpts from the Archaeological Survey that identifies a cultural site near the waterfall. As noted, this site has been extensively disturbed by campers and prior rockfalls. The project will implement BMPs to protect this site from project impacts. 13 4/29/09 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING SCENIC AND OPEN SPACE RESOURCES: Objective: Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. Check either "Yes" or "No" for each of the following questions. If your answer below is "Yes" it is necessary to elaborate by providing comments in the "Discussion" section below the question you answered "Yes ". 1. Does the project site abut or affect a valued scenic Yes No resources or landmark within the SMA? Discussion: The project site is within the Na Pali Coast State Wilderness Park and adjacent to the Kalalau Trail, 2. Does the proposed development affect existing shoreline open space and scenic resources? I ❑ I H Discussion: The maintenance focus of the project will not result in any development in the project site nor affect existing shoreline open space and scenic resources. These resources will be preserved through the project activities. 3. Does the proposed development involve alteration to natural Yes No landforms and existing public views to and along the U70 shoreline? Discussion: The maintenance of the slopes will require an alteration of the landforms involving Blocks 1 and 2, as materials from these areas will be removed. These alterations will blend in with the surrounding slopes through time from weathering and vegetation growth. The project will not alter the views to and along the shoreline but make these areas safer. 4. Is the project compatible with the visual environment? Discussion: The project is compatible with the natural visual environment as no structures or dwellings will be constructed creating visual blight. The project will improve the visual environment through the removal of imminent rockfall hazards. 4/29/09 i� SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING Yes No 5. Does the proposed action involve the construction of El -J structures visible between the nearest coastal roadway and the shoreline? Discussion: The maintenance of the slopes in the project site will not result in the construction of structures or dwellings in the park. 6. Is the project site within the Shoreline Setback Area (20 or ® ❑ 40 feet inland from the shoreline)? Discussion: The project site is located with the County's shoreline setback. 15 4/29/09 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING COASTAL ECOSYSTEMS: Objective: Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems, Check either "Yes" or "No" for each of the following questions. If your answer below is "Yes" it is necessary to elaborate by providing comments in the "Discussion" section below the question you answered "Yes ". 1. Is the project site a habitat for endangered species of Yes No flora and fauna? I El I Discussion: Monk seals and sea turtles roam the areas of the Na Pali Coast State Wilderness Park and may rest in areas along the coast. During the summer...lt is rare that a turtle or seal will rest at places greater than 40 feet. In any case, stop work procedures, will be put in place to prevent disturbing any protected species. No rare or endangered vegetation was noted during a vegetation survey as part of a pre- mitigation water quality monitoring at the site. The project area, especially in the vicinity of the stream, is dominated by introduced weedy species. Human disturbance has completely altered the vegetation assemblages. 24 Will the proposed development adversely affect valuable ®� coastal ecosystems of significant biological or economic importance? Discussion: The project will not result in adverse affects to valuable coastal ecosystems. The BMPs implemented in the project will mitigate impacts upon the local coastal ecosystem. 3. Will the proposed involve disruption or degradation of 0 coastal wafter ecosystems through stream diversions, channelization, and similar land and water uses? Discussion: The project will require a temporary diversion of the waterfall stream as part of the BMPs implemented to mitigate project impacts. A temporary diversion pipe will direct waters from the base of the falls to the present discharge point at the sandy beach, The pipe will follow the existing streambed, and will prevent fallen 16 4/29/09 i� SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING debris from entering the water until the area has been restored. The pipe will be removed at the end of the project and the stream will be restored. 4. Will the proposed development include the construction Yes No of special waste treatment facilities, such as injection C -� wells, discharge pipes, septic tank systems or cesspools? Discussion: The maintenance focus of the project will not construct special waste treatment facilities. 5. Is there a wetland on the project site? Discussion. The project site is not within a wetland. 6. Is the project site situated in or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary? Discussion: The project site is not situated or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary. `VA 4/29/09 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING ECONOMIC USES: Objective: Provide public or private facilities and improvements important to the State's economy in suitable locations. Check either "Yes" or "No" for each of the following questions. If your answer below is "Yes" it is necessary to elaborate by providing comments in the "Discussion" section below the question you answered "Yes ". Does the project involve a harbor or port? Yes No Discussion: The project does not involve a harbor or port. 2. Is the proposed development related to or near to an F existing major hotel, multi - family, or condominium project? Discussion: The project is a maintenance activity in the park and is not related nor near existing hotels, multi - family, or condominium project. 3. Does the project site include agricultural lands Yes No ❑ designated for such use? Discussion: The project site does not include any designated or classified agricultural lands. 4. Does the proposed development relate to commercial ❑ fishing or seafood production? Discussion: The project is a maintenance activity in the park and does not relate to commercial fishing or seafood production. 5. Does the proposed development relate to energy ❑ production? Discussion: The project is a maintenance activity in the park and does not relate to nor result in energy production. 4129109 r' SPECIAL MANAGEMENT AREA PERMIT /ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING COASTAL HAZARDS: Objective: Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence. Check either "Yes" or "No" for each of the following questions. If your answer below is "Yes" it is necessary to elaborate by providing comments in the "Discussion" section below the question you answered "Yes" 1. Is the project site within a potential tsunami inundated area as depicted on the National Flood Insurance Rate maps (FIRM)? Yes No D Discussion: The project site is not located in a potential tsunami inundated area as depicted on the National Flood Insurance Rate maps (FIRM). 2. Is the project site within a potential flood inundation area D according to a FIRM? Discussion: The project site is not located in a potential flood inundation area according to FIRM. 3. Does the project comply with the requirements of the Yes No Federal Flood Insurance Program? El Discussion: The project is a maintenance activity in the park and will not need participation in the Federal Flood Insurance Program. 4. Has the project site or nearby shoreline areas Yes No experienced shoreline erosion? D Discussion: The shoreline adjacent to the project, naturally erode and accrete through the ebb and flow of the seasonal tides, we are not aware of any progressive shoreline erosion in the area. Yes No Ye 5. Have any seawalls /revetments /etc. been constructed or Ye exist in the immediate vicinity? Discussion: 19 4129109 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING There are no seawalls/revetments/etc. existing nor will any be constructed in the park. 24 4129/09 r' SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING PROJECT ASSESSMENT; e. Evaluation of impacts which cannot be avoided and mitigating measures proposed to minimize that impact; Discussion: Portions of "Block4', which is on the cliff above the beach in the western part of the project area, are proposed to remain in place where they fail. Efforts will be made to move as much of the material to an upland location. Best Management Practices (BMP) measures will be put in place to mitigate impacts to the stream, including efforts to eliminate permanent changes to the streambed, waterfall, and pool at the base of the waterfall. Alternatives being considered include temporarily diverting the stream into a pipe running in /near the streambed and laying down a geotextile fabric across the entire area where rocks will fall, thus allowing for removal of all mitigation - related debris from the drop -zone, and restoration of the site following the project activities. f. Evaluation of the proposed development relative to Section 4.0 of the SMA Rules and Regulations in accordance with the following aspects: i. Substantial adverse environmental or ecological effects; Discussion: No substantial adverse environmental or ecological effects are anticipated. ii. Consistency or compliance of the proposed development relative to the goals and objectives of Chapter 205A, HRS and Section 3.0 of the SMA Rules and Regulations; Discussion: As the prior discussion above described in the sections on Recreational Resources, Historical Resources, Scenic and Open Space Resources, Coastal Ecosystems, and Economic Uses on pages 10 through 20, the maintenance focus of the project is consistent with the goals and objectives of Chapter 205A, HRS, and Section 3.0, Kauai County Code. The maintenance activities of the project will not impact the recreation, historic, scenic and open space resources and coastal ecosystems as defined in Sections 3.A.; 3.B(1), (2), (3), and (4), Kauai County Code. 21 4/29/09 SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT COUNTY OF KAUAI DEPARTMENT OF PLANNING The project will address the hazards of erosion of coastal slopes as maintenance of slope areas will clean out unstable areas and ensure the safety of park users utilizing this park section, as defined in Section 3.13 (6), Kauai County Code. The maintenance focus of this project will not result in any development of this park section that will generate or impact economic uses nor require management measures nor as defined in Sections 3.8.5 and 7, respectively. The following is a list of permits, consultations and their current status: Perm it/Consultation Agency Status Act 343 EA/EIS DLNR Maintenance Exemption, see Attachment G -3 CDUA State OCCL Exemption, see Attachment G. 2. Dept, of the Army Permit, US Army Corps of Engineers File No. POW200&219 Nationwide Permit 33 Provisional on receipt of 401 WQC. Section 401 WQC application State DOH Clean Water Application in review Branch Section 402 NPDES Form C State DOH Clean Water File No. SOOOO138 application Branch Public Comment Underway SCAP State Commission on Water Waived, Determination Resources Attachment G -1 Section 106 Coordination State Historic Preservation Determination of no significant Division impact pending iii. Consistency or compliance of the proposed development relative to the County General Plan, Development Plan, and Zoning Ordinances. Discussion: As discussed in Part B.5.c.xi, pages 8 through 9, the maintenance focus of the project is not contrary to the policies and guidelines of the Rules and Regulations, the County's General Plan. Since the project site is not zoned by the County of Kauai, provisions of the Zoning and Subdivision ordinance do not apply. Also, the project will not result in the construction or development of structures, dwellings, increased population and housing densities, nor the creation of parcels. Signature or Applicant/Representative (Print name of applic tVrepresentative) 22 4/29/{19 Date i� 'lI 1 Y' 1 1' 1 �Y 1 t 1' i 1 l l I i 1 Id 11 ' NO ON ON P. ON P. Ll NO Id ON NO NO NO 0. ON r� 5 ; ON NO r { IN I ON NO ON ON IN I PL 5 Attachment G -1 Location Map X r O N M pOp O it a m i Pacific Ocean f E i C; i f 0 E I r � t i Pacific Ocean Hawaiian Islands Figure 9 Site Location and Topographic Map Rockfall Hazard Evaluation Kalalau Beach, Kauai, Hawaii Source: USGS 19971 P 4 Dp ,r OD1 000 r ri tai kt d I 't Dp ,r OD1 000 r ri tai kt d I r� :' GV c' O' D' cb Uo Ict t%0 3f .�i': 17 �. �.i_ s , Aerial ,Photo, Incl. Project Area, Topography & Tax Map Keys I 4t :;, N C) Q 0 0 d CP CD •_ _c co � RR.IR •� 0 K_. 0 m .� N 0 L N < r N co C 15 0 Ali 'Fi. ■� ` .w L Lf co 0 U Q X CO c 0 Q Y. go RRt•1 /P� ;� i N C) Q 0 0 d CP CD •_ _c co � RR.IR •� 0 K_. 0 m .� N 0 L N < r N co C 15 0 Ali 'Fi. ■� ` .w L Lf co 0 U Q X CO c 0 Q Y. go RRt•1 /P� ;� i z g Z y Q q d O z N 2 4 U. O w N M V N U h W L (N U) w/// A U) / ( ] W < z 0 z w Q C%4 ED m �a� � z �W o z Z F' FD m r.�.w- w O� �] � � J CIS LL U C.) -- Jn000 n� {..i/� Z _Q w Q� Q _� D� �W d Q �o `1 O d Q fy L Q U O �$ s 8 1 � j 4 00 0 $ S w {j i U 6 m m U m 0 N M V N U h W L (N U) w/// A U) / ( ] W < z 0 z w Q C%4 ED m �a� � z �W o z Z F' FD m r.�.w- w O� �] � � J CIS LL U C.) -- Jn000 n� {..i/� Z _Q w Q� Q _� D� �W d Q �o `1 O d Q fy L Q U O �$ s 8 r9 G a.� 6 YS 4 �r¢ ((s 3 bGb ol u 4 ° i u j J a,� z d � 1 / � a d d Y V u 0 � 1 a "= z N a N LL O 2 N R :N d 8 1 � j 4 00 0 $ S w {j i ol u 4 ° i u j J a,� z d � 1 / � a d d Y V u 0 � 1 a "= z N a N LL O 2 N R :N d t. Al APPLICABLE CONSTRUCTION WORK SR41 BE DONE IN ACCORDANCE 40TH THE "STANDARD SP4CIRCARONS FOR PUBLIC 'WORKS CONSTRUCTION, SEPTEMBER 1986: AND THE 3TAYOARO DETAILS FOR PUBLIC WORKS CONSTRUCTION, SEPTEMBER 1984,' AS AMENDED, OF THE DEPARTMENT OF PUBLIC WORKS. CITY AND COUNTY OF HONOLULU, AND THE COUNTIES OF RAW), MAUI AND f%WA.'I. 2. THE CONTRACTOR, SHALL BE RESPONSIBLE FOR CONFORMANCE WITH WE APPLICABLE PROVISIOUS OF THE WATER QUALITY AND WATER POLLUTION CONTROL STANDARDS COYTANED IN HAWAII ADMINISTRATIVE RULES. TITLE 11, CHAPTER 54. 'WATER QUALITY STANDARDS' AND CHAPTER 55. 9YATER POLLUTION CONTROL', AS WELL AS CHAPTER 14 OF THE REVISED ORDNANCES OF HONOLULU AS AMENDED. BEST MANAGEMENT PRACTICES SHALL BE ENFLOYED AT AJ-L 7114ES DURING CONSTRUCTION. 3- PURSUANT TO CHAPTER GE. HRS, IN THE BEAT ANY ARTIFACTS OR HISTORIC FEATURES ARE UNCOVERED MARC CONSTRUCTION OPERATIONS, THE CONTRACTOR SW41 IMMEDIATELY SUSPEND WORK AND NOTIFY THE STATE RSSTORIC PRESERVATION OMSOH (692 -8015) AND THE STATE PARKS ARCHFEOLOGIST (578 - 0286), AND THE ENGINEER :it THE EVENT ANY SUSPECTED HUMAN REMAINS ARE UNCOVERED DURING CONSTRUCTION OPERAHONS. THE CONTRACTOR SHALL IMMEDIATELY SUSPEND WORK. AND NOTIFY THE KALW POL'CC DEPARTMENT, THE STATE HiSFOR.0 PRESEWAP,ON DMSGN (692 -8015) AND THE STATE PARKS ARCHAEOLOGIST (578 - 0286), AND WE ENGNEER 4. THE CONTRACTOR SHALT. VERIFY AND CHECK ALL DIMENSIONS AND DETAILS SHOINN ON T4E DRAWINGS PRIOR TO THE SFART OF CONSTRUCTION, ANY O=REPANCY SHALL BE IMMEDIATELY BROUGHT TO WE MERTON OF THE ENGINEER FOR CLAROCARON. 5, U THERE ARE ANY FUEL SPILLAGE, EXISTING LEAS, ETC. FOUND WRING CONSTRUCTION, REPORT THE FOREGOING TO THE K%ZARO EVALUATION AND EMERGENCY RESPONSE UNIT (586 -4248) OF THE DEPARTMENT OF HEALTH FOR NON— WORKING HOURS, CALL THE STATE HOSPITAL OPERATOR (247 - 2191). 6. THE CONTRACTOR SHALL RESTORE TO THEN ORIGINAL CONDITION OR BETTER, ALL NPROVTNdONTS AND NATURAL FEATURES. NOT RNCLU'OING SCALING. DAMAGED DIRECTLY OR INDIRECTLY AS A RESULT OF THE PROJECT AND CONSTRUCTION, INCLUDING STREAMS, TRANS, ETC. ANY RESTORATION TO MSTORIC ELEMENTS SHALL BE APPROVED OY THE ENGINEER. 7_ THE CONTRACTOR SHALL COORDINATE THE LOCATION OF THE EOUIPMET STAGNG AREA WITH STALE PARKS AND ENGINEER Ot THE FiEL)- 8. PRIOR TO STARTING WORK. THE CONTRACTOR SHALL CALL THE PROJECT INSPECTOR ASSIGNED TO THIS PROJECT AND JOINTLY ASCERTAIN THE EXISTING CONDITIONS OF NATURAL FEATURES. STRUCTURES, LA+DSUP :NG. ETC.. THAT ARE TO REMP4— ANY EXISTING DEFECTS, DAMAGES ETC. SHALL DE NOTED, PP;OTOGRAPHEO AND FORWARDED N IARMNG TO THE STATE ANY DAVAGE TO EXISTING ITEMS NOTED DURNG OR OFFER COMPLETION[ OF THE PROJECT THAT WERE NOT SPECIFICALLY REPORTED IN WRITING PRIOR TO STARTING WORK SML BE REPAIRED OR REPTACED BY THE CONTRACTOR AT NO COST TO THE STATE. 1 THE CONTRACTOR SHALL SUBMIT A HEATH AND SAFETY PLAN SPECIFIC TO THIS PROJECT FOR THE ENGWEE -R'S APPROVAL PRIOR TO COMMENDM1G WORK. NO WORK SHALL COMMENCE WITHOUT AN APPROVED HEALTH AND SAFETY PLAN. 10. THE CONTRACTOR SHALL SUBMIT A BEST WAAGEMENT PRACTICES PLAY SPECIFIC TO THIS PROJECT FOR THE ENGINEER'S APPROVAL PRIOR TO COMMENCING WORK. NO WORK SHALL CCMM.ENCEt VATHOUT AN APPROVED BEST MANAGEMENT PRACTICES PLAN- IL THE CONTRACTOR SHALL. REMOVE ALL MATFRAL AND TPASH FROM THE HA PALI COAST STATE WAOERNESS PARK AT THE END OF CONSTRUCTION. 12. CONTRACTOR SHALL HAVE N THOR POSSESSION AT ALL TIMES DURING THE COURSE OF THIS PROJECT TWO (2) WORKING SATUVITE PHONES FOR EMERGENCY PURPOSES, UPON COMPLETION OF THE PROJECT, THE CONTRACTOR SHALL TURN OVER THE TWO SATELLITE PHONES TO THE STATE. SATELLITE PHONES SHAT. BE N GOOD WORKING COSDDION. ROCK SLOPE SCALING NOTES 1. ROCK SLOPE SGAUNG OPERATIONS SHALL INCLUDE PEMG'JAL OF LOOSE ROCKS AND DEBRIS FROM THE SLOPE FACE UTILIZING ACCEPTABLE INDUSTRY STANDARDS, TO THE EXTENT AS DESIGNATED BY THE ENGINEER IN THE FIELD AND THE DESIGN DOCUMENTS. B IS STRONGLY RECOMMENDED THAT TFE CONTRACTOR OBTAIN A TNORO1/GH UNDERSTANDING OF TIE PROJECT SCOPE AND EXTENT OF WORK PROR TO BIDDING. 2. PROVIDE A GENERAL SEEEP TO REMOVE ALL LOOSE ROCKS THAT PRESENT POTENRAL FOR P.00KFA.L HAZARD TO PARK USERS AND AS DIRECTED IN THE FLED BY THE ENGDlEER. ALL LOOSE ROCKS, REGiROLESS OF SIZE, THAT COULD D RECN.Y IMPACT THE BEACH, TRAILS. CAM"G GROUNDS. AND OTHER NiEIS FOR PARK USERS SHALL BE SCALED, ROCK SCAURG SHALL BE PERFORMED BY EXPERENCED SCMUJ 5 WITH :ADD TRACK RECORDS ON THE QUA OF SCALING. 3. PP.OWDE, INSTALL_ AND MNNTAN TEMPORARY RGCKFALL BARRICADES AND OTHER PROTECIIrt DEVICES, AS NEEDED, AYD TAKE ALL NECESSARY PRECAUTIONS FOR IHE PROTECTION OF THE SLOPE. PEOPLE. AND SURROUNDINO FEATURES. DAMAGES TO EXISTING FEATURES SHALL BE IMMEDIATELY REPORTM TO THE ENGINEER AND REPAIRED AT NO ADDITIONAL COST TO THE SATE. 4. THE CONTRACTOR SRALL EXERCISE GREAT CARE TO PROECT AND RESTORE THE WATERFALL AND STREAM AREA REMOVE ALL SCALED MATERIAL FAII,EN AT THE WATERFALL AND STRFAM AREA TO AN ON —SITE SAFE LOCATION AS IOENRRED BY THE ENGINEER BY SUITABLE VFANS LIKE 8ADG.N'G AND HELICOPTER UFHNG- UN:NG SHALL BE ULUZED TO COVER THE STREAM AREA TO FACTLRAlm DEBRIS REMOVAL AND RESTORATGN OF THE STREAM. EXCEPT FOR THE LARGE VOLUME DEBRIS FROM 81OCK-2 DERRS FROM SCALJNG UTTERED ON BEACH SAND SHALL BE REMOVED. ALL REMOVAL, DISPOSAL AND RESTORATION RELATED 17ORK SHALL BE PERFORMER AT NO ADDITIONAL COST TO THE STATE. CONTRACTOR SHALL PROVDE DAILY FriTROGRAPHS OF THE PROJECT SITE NCLUD NO THE WATERFALL AREA AND THE STREAM. PHOTOGRAPHS SHALL BE NEATLY AND CHRON;CAL.Y ARRANGED AND SUBMH'TED TO THE STATE ON WEEKLY BASIS, 5_ THE CONTRACTOR SHALL SUBI.EAT ATM THE 840 DOCUMENTS A COPY OF AN OPERATION PUJI, REFLECTING HOW THE CONTRACTOR PLANS TO PERFORM HIS /HER ROCK SLOPE SCALNG OPERATIONS INCLUDING THE PROTECTION OF EXISRHG FEATURES LIKE THE WATERFALL AND STREAM, ROCK SCALING AND NNE REMOVAL OF BLOCK -1 AND BLOCK -2, REMOVAI, OF SCALED DEBRIS AND DISPOSAL METHOD. IMPL£MENTAP.CN OF THE BEST L6ANA.GWENT PRACTICES (SNP) PLAN, NUMBER OF ROCK SCALING STAFF AND THEIR EXPERIENCE, AND ALL NECESSARY EQUIPMENT, 6_ ROCK SLOPE SCALING WORK SHALL BEGIN ONLY AFTER PROTECTION MEASURES ARE IN PLACE AND OPERATIONAL 7. EACH ROCK SLOPE SCALING CREW SHALL CONSIST OF ONE SCALING SUPERVISOR AND AT LEAST 2 EXPERIENCED SLOPE SCALERS. DETERI.LINE TH.E NUMBER OF SLOPE SCAIJN^. CREWS TO RE EMPLOYED ON THIS PROJECT BASED ON THE EXTENT OF THE ROCK SLOPE SCALING YO BE PERFORMED AND THE DURATION AVAILABLE FOR PERFORMING THE WORK AS SPECIFIED LN WE CONTRACT DOCUMENTS. THE SUPERVISOR SHALL BE AVAEABLE TO ENABLE THE ENGINEER TO COMMUNICATE YOH TIE SLOPE SCALING STAFF FOR SCALING QUALITY AND SAFETY CONS!DE+ATONS. 8. ALL SLOPE SCALING STAFF SHALL BE EXPENENCEO IN WORKIG ON STEEP SLOPES WITH USE OF FALL PROTECTION OEVTCES. 9- START ROCK SLOPE SCALING AT THE TOP OF THE SLOPE AND PROCEED DO'W'N SLOPE. REMGMNG LOOSE ROCKS AND OTHER DEBRIS AS THE WORK PROGRESSES. BOULDERS THAT HAVE LESS THAN HALF EMBEDDED N UNNSTURBED SOIL OR TALUS MATERIAL SHALL BE REMGVED_ ALL MATERIAL, ON THE SLOPE FACE THAT S LOOSE. RANGING OR CREATES A SAFETY (WARD TO THE PUBLIC SHALL BE REMOVED OR STABILIZED TO THE EN'GINEEPX'S SATISFACTLON PRIOR TO COMPLETION OF THE SECTION OF SLOPE TO- CLEARING AND MIJOBINS WILL NOT BE REQUIRED OR ALLOWED. AVOID DAMAGE TO EXISTING VEGETATION AND THE EXISTING SLOPE SURFACE TO THE EXTENT POSSIBLE RAJCNG IS NOT ALLOWED UNLESS PERMITTED BY THE ENGINEER IL REMOVE ALL ROCK DEBRIS THAT HANG UP ON THE SLOPE WRNG SCSING OPERATIONS AT COMPLETION OF THE FIRST PASS Or THE SLOPE SCANG. CONTINUE SCALING 0= THE SLOPES UNTIL THE SLOPE SCAUNG HAS 8EEN COMPLETED TO THE SAHSFA.CTIONN OF THE ENGINEER 12. EXCAVATE AND REMOVE ROCK OUTCROPS ONLY IF DETERMINED BY THE ENGINEER THAT SAD ROCK OUTCROPS ARE UNSTABLE AND HAZARDOUS. ELAS70NG IS NOT PERMITTED ON THIS PROJECT. 13. EXERCSE CARE N THE SLOPE SCALING WORK AND AMID OVER — STEEPENING WE SLOPE FACE THAT MAY CAUSE INSTABILITY OF THE SLOPE SNTOLUB THE CONTRACTOR ENCOUNTER UNSAFE SLOPE CONDITIONS THAT MAY CONSTOJLE A POTENTIAL SUDE 02 OTHER HAZARDS, STOP ALL WORK IMMEDATELY AND NOTIFY THE ENGINEER,. IC ROCKFALL AREAS SHALL RE SCALED AND SECURED PRIOR TO THE START OF ANY ROCK RLMOVA1 WORK. CONTRACTOR SHALL PROVIDE TEMPORARY MEANS OF PROTECTION AGAINST ACCIDENTAL RUNAWAY ROCKS DURING ROCK SCANIC, M. LUDNG TEMPGRARY IMPACT FENCES OR BARRIERS, AND LOCAL PROTECTION BY MEANS OF STEEL CABLE N:E=RS. SUCH TEMPORARY MEANS SHALL BE AT NO ADDITIONAL COST TO THE STATE. ROCKSLOPESCALINGNOTES (CONT.) ABBREVIATIONS: 15. THE CONTRACTOR SHALL NDEAWTY, DEFEND MD HOLD HARMLESS THE STATE OF ADDNL ADDITIONAL. HAWAIL AND THEIR OFFICERS, EMPLOYEES, AGENTS, OR ANY PERSON ACTING ON APPROX. APPROXIMATE THEIR BEHALF FROM AND AGAINST: 0 AT 0 MEUNE (1) ANY CLAIM OR DEMAND FOR LOSS, LABILITY OR DAMAGE, INCLUDING, BUT NOT f CENTER LIKE UMFiED TO. CLAIMS FOR PROPERTY DAMAGE. PERSONAL INJURY OF DEATH. BY CONE. CONCRETE WHOMSOEVER BROUGHT, ARIS114 FROM ANY ACCIDENT OR INCIDENT CONNECTED CONY. CONTINUOUS WITH THE PERFORMANCE OF THIS CGHTRACT EXCEPT LIABILITY 0.NSING OUT OF Cy CUBIC YARD THE SOLE NEOLKENCE OF STATE OR ITS DAPLOYEES. DEMO DEMOLISH E.G. EX.SHNG GROUND (2) ALL CLAIMS, SUITS AND DAMAGES BY WHOMSOEVER BROUGHT OR MADE BY ELEV. ELEVATION REASON OF THE NONOBSERVANCE OR NONPERFORMANCE OF ANY OF THE TERMS, EXIST EXISTING COVENANTS AND CONDITIONS HEREIN OR THE RULES. REGULATIONS, ORDINANCES FT FEET AND LATYS OF WE EEDFRM, STATE MUNICIPAL OR COUNTY GOVEWIMMS. H /H.CRIZ HORIZONTAL LL UNFAIR FEET FURTHERMORE, THE CONFRA.CTOR SHALL REIMBURSE THE STATE OF HAWAR AND THEIR MAX, MAXIMUM OFFICERS, EMPLOYEES, AGENTS, OR ANY PERSON ACTING ON THEIR BEHALF FOR ALL MINI. MINIMUM ATTORNEYS' FEES. COSTS. AND EXPENSES INCURRED IN CONNECTION IWTH THE � PROPERTY LINE DEFENSE_ OF ANY SUCH CLAIMS. THE CONTRACTOR SHALL PAY ALL JUST CLADMS FOR REQ -'D REQUIRED MATERIALS, EOUIMENT, SUPPLIES, TOOLS, LABOR AND OTHER JUST CLAIMS AGAINST S SLOPE THE CONTRACTOR OR ANY SUBCONTRACTOR IN CONNECTION iM TH5 CONTRACT. SF SQUARE c FEET WE STATE MAY, BUT IS NOT OBLIGATED TO. WITHHOLD OR RETAIN AS MUCH OF THE SHT SHEET MONIES CUE OR TO BECOME DUE THE CWMI&CTOR UNDER MIS CONTRACT STA. STATION CONSIDERED NECESSARY BY THE STATE TO COVER SUCH JUST CLAIMS UNTIL M. STANDARD SATISFACTORY PROOF OF PAYMENT CR THE ESTABLISHMENT OF A PAYMENT PLAN S TUN TAY MAP ICY PRESENTED. TYP Typvc PUBLIC REALM, SAFETYANO CONVENIENCE NOTE'S 1. THE CONTRACTOR SHALL OBSERVE AND COMPLY PAIR ALL FEDERAL, STATE AND LOCH_ HAULS REQUIRED FOR THE PROTECTION OF PUBLIC HEALTH, SAFETY AND ENVIRONMENTAL OUALTY. 2. THE CONTRACTOR.. AT HIS OWN EXPENSE. SMALL KEEP THE PROTECT AREA AND SURROUNDNG AREA FREE FROM DUST NUISANCE THE WORK. SHALL BE IN CONFORMANCE WITH THE AR POLLUTION CONTROL STANDARDS AND REGULATIONS OF THE STATE OEPAMmEli OF HEALTH. S THE CONi IVCTOR SHALL PROVIDE, INSTALL AND AWNTAN ALL NECESSARY SIGNS, LIGHTS. FLARES, BARRICADES, MA NEP,S. CONES AND OTHER PROTECTIVE FACILITIES AND SHALL TAKE Am NECESSARY PRECAUTIONS FOR THE PROTECTION, CONVENIENCE AND SAFETY OF THE PUBLIC. 4. WE CONTRACTOR. SHALL PROVIDE SAFE ACCESS 70 FRESH WATER SOURCE FOR PARK USERS t1T1EN APPROPRIATE DURING CONSTRUCTION- S. THE CONTRACTOR SHALL OBEY AND COMPLY M ALL RULES FOR THE PANIC PROHl?ITE.D ACTIVITIES AND INAPPROPRIATE BEPAYOR WILL NOT BE TOLERATED, EG. DRNKING OF ALCOHOLIC BEVERAGES, DRUGS, FIREARMS. ALL NFPACTIONS WRL BE SUBJECT TO PENALTY UNDER COUNTY AND STATE RULES. 6. THE CONTRACTOR SHALL SUBMIT WITH THE BID DOCUMENTS A COPY OF THE PUBLIC SAFETY PLAN P.EFLECDNG A DETAILED DESCRIPTION OF HOW PUBLIC SAFETY COULD BE AFFECTED AND DESCRIPTION OF METHODS USED BY THE CONTRACTOR TO SASE GUARD THE PUBLIC AND SURROUNDING PROPERTIES AGAINST ROCKFALL HAZARDS DURING THE CONSTRUCTION WORK. 7. THE CONTRACTOR SHALL SUBMIT WITH THE SO DOCUMENTS A COPY OF THE CONTRACTOR'S HEALTH AND SAFETY PLAN (HSP) SPECIFIC TO THIS PROTECT. IN GENERAL THE PROJECT SITE IS A REMOTE AND ISOLATED LOCAT.ON MAKING B DIFFICULT TO ACCESS EMERGENCY SUPPORT. THE HSP SFAIL DESCRIBE N DETAIL ROYI THE CONTRACTOR PLANS TO RUN A SAFE GPERATION WHILE PERFORMING THE WORK. B SHALL ALSO IOUYTIFY MEANS AND MEWOOS WITHI WHICH THE CONTRACTOR WOU,D SUCCESSFULLY DEAL WITH A POTENLUJ. EMERGENCY INCLUDING EVACUATION PLAN AND INFORMING THE PROPER AUNTTOPrES. G2 AECOM STALE O HAWAII �tJN 2 R DEPARTMENT OF LAND AND NATURAL RESOURCES `4 TIxvem ° ENGINEERING DIVISION mrrs. u °''�° NA PALI COAST STATE WILDERNESS PARK., KALALAU a: rrr-< SECTION, ROCKFALL MFTIGATION PHASE 2, KAUAI, HAW T' �'A'4 +R "� GENERAL NOTES Er wq a6 wD¢cei �4 OESG`ET➢. ARN SMBIAIYT£0: ce uas vE avZ e W . ORAW�': Yi wea<ar<m ;s ro�:cs: vt K N09. �AF�I °=K CY.ECKED: A24 DA— msp. FTgEr:(P- A Pm01 .. I RL£ NO_ JOB NO. F8OB562A SHEET NO, 2 OF 8 SHEETS �•ir EiF 1•sFhYlf �•b:`!y'j"�i145? 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STALE 7r BAiTM - -__- DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION NA PALI COAST STATE WOILOERNESS PARK, KALALAU ECT70N, RGCHFALL MITIGATION PHASE 2, KAUA4, HAW DA1P DETAILS A¢>ar>ar �yyyuy pr,� �: �'1 �l'SiEW.9JV � BGCblt1H d' M fttrt[f ac¢�m�.we b.'9diEb: AqN SUBNITTff. 0.3AVwY: lP �Etl:E6; RQl oAie CLEF b�du R IhyP. DIduEDt a�PtowU fA£ ft0. [[�� pp V"G -OB NO. F8OB662A SHEET NO. 0 OF 8 SHEETS OIRM Kalalau RocU911 Mitigation SMA Assessment & Shoreline Setback Determination Attachment i* Photo 1. Rockfall mitigation work is proposed on the cliffs above the waterfall to the left of center in this photograph. Pre- mitigation water quality monitoring was conducted at the base of this waterfall on April 7 and 8, 2009. kay + WWI MY'R w g ns t. M1 l iit�Yt. ��- a -• wk ,ty' �,r p���������six �4��f3 � Photo 2. Facing makai from near the base of the waterfall, the stream snakes out across the beach, fully infiltrating prior to direct contact with the ocean. 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' ia(•r'.- _ r,�• s.�7: - .,`t°?'1•�t'• °'�a',+Y'!,, .ayi = ••!•.� ;• _ i T •'� - -a�'r :ice � .�.�yt• : ,•:a�; .:. r. - : i p .. °.,Y:. tiS'ae:• z��fY•.., = T.'�'. .•.t Jti� `::; Vie•:' -- .. •s.l. - - .F . ^•she' • '.rrr " i - - r. KE A F �. Division of State Parks, Coun of Kauai ts* Outdoor Recreations and HistoricSites ;::?'Planwng Department . :. Depa+;' ent of Land and Natural Resources : -, ..State. OfHawan. Se ' teiaaber:1989 P f 1 Ahupua`a of Honopu (Frgure 9) at UI df \� W �M 0 ) -a - P24FILE (FLA- rF-35) ` � © BGtd LLEP-/7ALNy A72cA SITE WAL -3 V bj ip O {0 M K04EA WA'rF- eFALII v Nr vi w Nit to 537E Y-AL -4 hW EXCAVATISP ` FfC-juRE' 41. SITES KAL -3 AND Ffl KAL -4 WONOPA AHUPUA'A r i i a^ oD EDCIIE OF OVEIUANf BASE OF 4UKF M KAL -3: Retaining Walls and ` Buried Deposit This site is located on Kalalau Beach, immedi- ately E of Kolea waterfalL It is on a high (10 m),wave -cut, talus deposited coastal flat that is presently part of the main campground area. The site is roughly 40 by 40 in, The features in this site are in extremely poor coridition and have been modified a great deal by campers. There are three retain- ing wails running perpendicular and adjacent to the seaward edge of the flat (Fig. 41); they are only 25 to 30 cm high and appear to have been recently embellished or reconstructed. A profile visible in a small gully on the E side of the site suggests cultural occupation in the - form of a buried platform fill (Plate 35). The terrain of this site is irregular due to { continuing talus fall and erosion by small �. ephemeral streams. A large (15 by 15 m) pile of mixed pebbles to boulders at the E end of the site suggests a remnant platform, but angular to subangular talus material is common in this area. Vegetation is primarily koa haole with mature kukui growing at the base of the cliff. Untana grows along the seaward edge of the flat. _ This site is situated in the parcel describ- ed as band Grant 2168: 2 for a house lot and kalo fields. KAL -4: Cave Shelter This site is located at the base of the pal! on Kalaiau Beach, roughly 200 m E of Kolea waterfall. The base of the cliff is protected by _ a slight overhang. This site consists of a small cave, measuring 8 by 4 in and approximately 1.5 in high, and a cleared area about 30 by 5 m at the base of the cliff (Fig. 441). A crude standing wall running the length of the cleared I area marks the seaward extent of the site (Plate 36). A great deal of modem modifica- tion has taken place as this is a popular camp i... site. in 1973, it was reported that a squatter had dug out the cave to allow more standir-6 room for his shelter (Plate 37). In the process, he uncovered a cultural deposit containing charcoal, midden, and several basalt flakes. A f Section S; Site Descriptions 83 I p p Stream Channel Alteration Permit Determination Page 1 of 2 Koehler, Tobias Front: Robert. K,Chong@hawai1.gov Sent: Friday, June 05, 2009 9:18 AM To: Koehler, Tobias Subject: Re: Request for determination for Stream Channel Alteration Permit near Kalalau Valley Attachments: 090604 SCAP Request for Determination. pdf Hi, Tobias, This email is in response to your phone call and email requesting a determination for the proposed rockfall mitigation work near Kalalau Valley on Kauai. The Commission on Water Resource Management (Commission), Stream Protection and Management Branch, has the responsibility to protect stream channels from alteration whenever practicable to provide for fishery, wildlife, recreational, aesthetic, scenic, and other beneficial instream uses in the State of Hawaii under the authorization of the State Water Code (Code), Chapter 174C, Hawaii Revised Statutes, and Chapter 13 -169, Hawaii Administrative Rules (Protection of Instream Uses of Water). Pursuant to the Code, §174C- 71(3)(A), the Commission "shall require persons to obtain a permit from the Commission prior to undertaking a stream channel alteration." The term "stream channel" is defined in the Code, §1740 -3, as a ii watercourse with a definite bed and banks which periodically or continuously contains flowing water." Furthermore, the Code defines "stream" as any "natural watercourse in which water usually flows in a defined bed or channel." Based on the information that you provided to the Commission, the Commission will not require a Stream Channel Alteration Permit (SCAP) to be submitted for the rockfall mitigation project because the removal of any rocks landing in the pool or stream will be done by hand. Please be advised that the project may require other agency approvals regarding wetlands, water quality, grading, stockpiling, and floodways. This letter should not be used for other regulatory jurisdictions or used to imply compliance with other federal, state, or county rules. Please call me if you have any questions or need more information. Aloha, Robert Robert K. Chong, Planner Commission on Water Resource Management 1151 Punchbowl Street, Room 227 Honolulu, HI 96813 Phone: (808) 587 -0266 Fax: (808) 587 -0219 "Koehler, Tobias" <Tobias.Koehler @aecom.com> 06/04/200901;52 PM 6/18/2009 To <robert.k.chong @hawaii,gov> cc "Mason, Michelle" <Miche €le,Mason @aecom.com> Subject Request for determination for Stream Channel Alteration Permit near Kalalau Valley Aloha Mr. Chong, Page 2 of 2 Thanks for your time the other day. I apologize for the delay in getting this information to you. I hope it will assist you in making a determination. Please give me a call when you've had a chance to go over the attachment and we can discuss details of the project and /or any remaining information needs you may have. Respectfully, Tobias Koehler Tobias Koehler, MS, PMP Environmental Scientist /Planner AECCM Environment P: 808 -356 -5306 1 F: 848 - 5238950 841 Bishop Street, Suite 500 f Honolulu, HI 96813 www.aecom.com 6/18/2009 l Ext am District Use Permit Maintenance Exempti ®n f { + 1' s J 1 � � s , j 1 I , ` 1 s Ext am District Use Permit Maintenance Exempti ®n LINDA LINGLE GOVERNOR OR HA WA II STATE OF HAWA1'1 DEPARTA9ENT OF LAND AND NATURAL RESOURCES Office of Conservation and Coastal Lands POST OFFICE BOX 621 HONOLULU, HAWAII 96809 REF:OCCL:DH Tobias B. Koehler Environmental Planner AECOM Technical Services, Inc. 841 Bishop Street, Suite 500 Honolulu, Hawaii 96813 -3920 Dear Mr, Koehler, LAURA H. THI ELE N ('1IAIRPiTSON 110AW) OF I.ANi) ANI) NATURAL A!''SUURCF.S COMML9$'M ON WA'fU)1I5S01)R(T NIANA01- 21117W RUSSELLY, TSUJI FIRST IXTGT' KEN C KANYAHARA DIWkTIY PIRK "MR.. WAITIR AQUATIC MIS 01) PC. ES 130AMVP NM W AN RECRt'.AI JON III IRPAU orCONVEYANM. COMWOON ON WAMUZ ttHSCN.)R(:k MANA(i LMINNT CONSEEVATIONANT) (:OAYTW.IAN% CONSRUVATION AND RESOURM W00R(!IW NT INONVIUMIn Eomx,niY OM MI.M.0; UMTONIC PRESERVATION RAIWI AWI: 1StaNt)R7:'SI7iVI!L:ONINGSiixd rANO STATti PARKS Correspondence: KA -09 -260 ,. 1 6 2009 SUBJECT: Request for Information Regarding Kalalau Rockfall Mitigation Project, Kalalalau State Park, Na Pali Coast State Wilderness Park, Island of Kauai The Office of Conservation and Coastal Lands (OCCL) is in receipt of your letter, dated June 8, 2009, asking whether a Conservation District Use Application (CDUA) is required for the proposed Kalalau Rockfall Mitigation Project, Kalalalau State Park, Island of Kauai According to your information, AECOM preliminary rockfall hazard evaluation report notes two areas of concern (Block I - 227 cubic yards, Block 2) that need to be removed as they present public safety hazards. Proposed mitigation will remove Block I and Block 2, and the rock scaling on surrounding cliffs above the waterfall pool and stream. The majority of work will be done by hand the remainder will be done using airbags placed in cracks to dislocate the cracks. BMP's will utilized to limit negative impacts to the stream. According to departmental records the subject parcel is located in the State .Land Use Conservation District, Resource subzone. In addition, departmental records also indicate Executive Order 2724 transferred the subject parcel (part of the Na Pali Coast State Wilderness Park) to the Division of State Parks. The OCCL notes that if the proposed project falls within the Division of State Parks mandates and guidelines, no CDUA is required, as indicated by then Chairperson Coloma- Agaran in the attached memo (Exhibit 1). However, State Parks is required to adhere to the Conservation District's guidelines, standards, and criteria in Title 135, Hawaii Administrative Rules (HAR), as well as the State's Environmental Laws, under Chapter 343, Hawaii Revised Statutes (HRS), and their applicable administrative policies. If the proposed project is outside the scope of the Division of State Park's mission for Na Pali Coast State Park, Island of Kauai, then a CDUA will be required. REF:OCCL:DH Should you have questions, please call Dawn Hegger of Lands staff at 587 -0380. C: Dan Quinn State Parks Division Correspondence: KA -09 -260 Office and Coastal Samuel J. Lemmo''n, Administrator Office of Conservation. and Coastal Lands 2 4 I R.ef . iPB:SL MEMORANDUM STATE OF HAWAI DEPARTMENT OF LAND AND NATURAL S5SOURCES Rot BOX 621 HONOLULU, HAWA0 96809 TO Divisions FROM: Gilbert pert~ S . eoloma- Agaran, Chairperson SUBJECT: procedures for Review of Department of Land Natural, Resources Initiated Projects Conservation District .Lands Ari,N,t„fJLTUti@ ACIcU:i PI ire ,rtAM AOtu.Tt@ K- SgVROES SO&UNO AND CCEAd;l CCt,�f: }'NATIQN A40 :t!:L4LifiCtS ENFOS C0 WJ- .VAflC"ES FOti SMY A140 WILDIV HISTUNIC PRMAVAM Vttt7 DrVM$0t4 STATE PuiK5 WATER FZES':URCC f .NA and Oil Thl s memorandum is being written to clarify t 11 Depart{clentis position regarding ''division-wide compliance with Chapter 1.830, Hawaii Revised Statutes (HRS).. In May 1992, former DLNR Director, Bill Paty, issued a memorandum to the Divisions and offices of the DLNR to clarify procedures for review of Department- initiated project9 on Conservation District Lands (attached). That memorandum essentially transferred regulatory powers from the former Office of Conservation: and Environmental Affairs (0!7EA) (the zoning authority for all Conservation lands) to each DLNR dzvisi.on. The basic logic was that the Department was mandated to carry out particular 'functions and t hat processing CDUAs through ocEA was duplicative and counterprc�duct~ive . This effort was not fully arr:plemet fed and the 'Manning Branch of the I1,and Division (formally OCEA) continues to process applications f'or some DepartmPh- initiated projects. Chapter 1530, HR.S was established to regulate the use of all conservation lands in the State, government or private. Title 13 5, Hai A.dmi.nist ative R.u?es gi w.l ves the Department the specific reguirltory authbri.t:y to do th1F31 The law, cIoc(,l not ,speci ll:y or des -),,t 1a a partictl lr of ff . e to acct as the sole regU »gory authority. A'll Divisions must adhc:r. toy the processes and guidelines of Chapter 1830, HRS and C'hapt~er 343, HRS (Hawaii. t s environmental, law) . However., we believe that this can be accomplished more efficlent_ly by deferring these functions to the respective Divisions for projects which they are mandated to do. This will allow Divi.si ons to operate more efficiently and will not cororomise the public's due process rights to participate in the permit and decision making process. Each Division would comply with Chapter, 183C, Chapter 343, HRS, and Title 13 -5, HAR, and would be responsible for developing i_t;:; own procedures for compliance, Land Division, Planning Branch would provide comments on the action(s), when asked, For work on existing DLNR Conservation lands, the Divisions would not be required to obtain a nfyar CDUA (Reference ,Section 13015-22,, BAR), bu:: would be required to comply with other applicable State requirements, .such as 313, HRS Chapter 13 -5, HAR prrf vides for "allowable" uses wstlzi.n existing riot -i- con.forming r—cnc- ilities and also for £ac flit ie,s that have been approved Linder an e %i stirjg cDUP. Sections 13 -5 -22 (P-9 t 10) and 13 -5 -•23 (L.7), HAR add�-ess and tarovide ror these uses . For new parks, foz'est reserves, harbors or significant expansion of existing facilities, the Land Div4 s ' ion Planning Branch would continue to t >x -ocess all CDUA.s, Any action by a L'LNR Division to obtain an authorizat.on ror l:he establishment of a new facility on pubic land . =should be administered by a third party, such as the Land Division, Planning Branch. As such, when there is a plan to establish a new park, forest reserve or harbor on public land, it would be done through a CDUA /Executive Order processed through the Land Division Planning Branch, Actions to establish Forest. car Watershed Partne ,hip Projects C.) 1• trails, involving rion - public lands but sponsored by DOFAri, may be :administered by D9FAW pz'ovided that all applicable requirements under Chapters 163C and 34131 HRS and Title 13 ° 5, HAR are mc. %t . As noted in the every affected prr:pc. rzi t...i )n O F Ma .. 992 ri emor.�andum, i t i s i ncurnbent_ upon division to set UD a s'-yst:eM for the eiit?.i.'roloI me" tt -r }. 2 :eVOi.(. %W ,:�c)c%I.lIII( -, n � 8; c r1� t.t'if: �o icita ian of commends by otncQr divisions, government agencies and appropriate city per: croups, much in the same way th& Planning Branch does. In additiono each division would be required to 4ddress criteria in 13w5-30(c), !MR, in their process. The Lund Division.* Planning. Branch is always available for training, advice, or instruct ion On the permi�i;I process . w ,TO FROM . STATE DE'ARTtiraz�T OF IJAxD oF HAWAII 7,AM HATURAY May 29t 1992 DiVisiOns a-nd Offices William, W G1R p, 41q"�" Lit rj Me" .....____r... Ft CA4 WAS 000Eok 5Y ?hSuc� Cha.lrpersor.� patyr ,l �'" °�'� --- + of pepartvent� Initiated projects on Lands SI3B EC Procedures for R.e`4iew rvation District agent of Land 4nd Natural Resaur rograns which The Dap various governmment P government responsible 'Or implernen ric PresentlYr resp district lands , impact co,servation tee. programs are processed aria a twa -traok sy'� pns.ibl.e for i4Plr�rnentir�g a the line di'c��.sion resP articular project through government Program processes a p environmental review procedure and consults ncie with before the ov.ernz:tental ag other d v�-s the pz jeortefordr view and appraYal to �3Lri"R; stting and by consulting 2) OCEA also processes th.e gsrticular project encies with the other divisions nrevie affected a.nd a.ppro*+a to the L Ras and submits the PrOJec for a p erm�n*t use under our eanservation district ru3.eso rocadure has created duplication of efforts between our This P lementation of line divis -ans and OCF.A and has inhibited with t 1000 Of the i� ro rams by DAR• Furtiher, government p 9 there Ja no need to centralize OC'�.A but rat ern p1 ar�tzi.ng off ice in i7LNR, racesse0 i n pl annL and enviro=enta l revievr p res onsi.ble for Due to i nCreasingr demands on lace these functions with the line division p the government program* of DLNR programs implementing procedures our staff and the need to coardiriate pro the f lowing P affecting cr�nservatioan' 3.ands within DLilRc shall be ins t ituted . the line ne ro rams, divisions shall ° With DLNR P g cry a particular project fO' 'hen deal.3 t, rac�essing DLNR programs are teesponsible. fO the ,tire arreview and approval artment is charged to implement. sub �ttaX to the BISRrams the dep cr ecte for the use of those government Prog at aP'3 ' t° pr ro�cedure shall n Private parties or othar T'n� 0 P this procedure shall not: State /conser`vatir�n lands rther, ro rietazy State or grotrernz ental agencies, i s acting in F apply in those i.ns tances ��rhere Dan capacity leasing of Mate lands to pri va�te parties)* P F 6 . Eor Th.e line division shall. be chapter � 343, � 1iawaii kR � i.sed 0,nvironmental x`evie�w other ,tatutc�s, and the consultation with t;he s .v ran before cgcvarnmental agencies, and a jpx'opriate citizen 9 This Ya ect ts� B�? fox: review and ,ppray.�l,. ,ubti tti.ng the p� and tlx includes the resol.utiona resift iOf a the ea�vf ronme�ntaln review Band ,impacts d .sco�rered a,� consultation PrOcess prior to BUM revievw fir be responsible for processing the OCZA shall no long application gr�verx�ment .project under a conser d � district �lir Pdivision but shall serve as a coenti ng �- ect shall be regarding canservaton district matters* The D Rp *oj recessed o e govern eft /permitted use under the conservation district administrative r�x conser the vation ionid strfcticansiderati.ons to responsible for su --,-e ttinq approval ,including the determination of ,� for the; r revs ew and the DLL pro j ect' s permitted f go�r+ernxnex�t use status » After complat 4 on of the chapter governmental e agencies 'after consultation with the dxvisianI g appropriate citizen groups, the line divisions shall present the This procedure DWR project for review and approval to the fi%NR.' the Will eliminate the duplication of envir ©nmenta3 review posed or planning Fx5 and CDUA processes. Further, the resporsibi.11 g and coordination of the DLNR project will lie with the line division responsible for the project which will insure better accountability and streamline the review process. It is incumbent upon every affected division to set up a the preparation of environmental review doa�rnmenta.� system for p the divisions the solicitation l.citatir n of comments by ou s . i have asked OCEA to and appropriate citizen gr P agencies, session for all d* visions a training visivns to assure that we are provide s fat los,ng' any of- the coordi�a have cask d consultation to Q also r Aces �e s of`f Ice provides. Further, are environmental review documents training session. on how' to prep LINDA LINGLE GOVERNOR OF HAWAI STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES I)rV €SION OF STATE PARKS POST OFFICE SOX 621 HONOLULU, HAWAII 96809 November 30, 2009 Tobias B. Koehler Environmental Planner AECOM Technical Services, Inc. 841 Bishop Street, Suite 500 Honolulu, Hawaii 96813 -3920 Dear Mr. Koehler LAURA H. THIELEN rR&0UF]LSON 80ARA OF LAND AND KATURALRESOURCFS COMMMICW ON WATER RESOURCE MANAGEMENT RUSSELL Y. TSUJI FMSTDEFt" S?' ll ajl Yi IM AQUA= RESOURCES BOATING AND OCFAN RECREATION BUREAU OF CONVEYANCES COMMLS.SION ON WATER RESOURCE MANAGEM LDhT CONSWVATiON ANDCAASTALLANDS CONSERVAT;DN AND RESOURCES ENPORC EMLTlT ENO NELRSNG FORESTRY AND WULffE RMTORIC PRESERVATM KAIIOOIA WE i.SIAM7 RE$EAVE CQWZSYJN LAM STATE. PARKS SUBJECT: Kalalau Beach, Na Pali Coast State Wilderness Park, Island of Kauai This is to confirm the determination provided by the Office of Conservation and Coastal Lands, Department of Land and Natural Resources ( "OCCL" and "DLNR" respectively) in response to your letter dated dune 8, 2009, requesting a determination whether a Conservation District Use Application ( "CDUA ") will be required for the proposed rockfall mitigation project at the subject area. OCCL, in its determination, noted that if the proposed project falls within the Division of State Parks, DLNR ( "State Parks ") mandates and guidelines, no CDUA will be required. We would like to point out Duties of the Department, Section 184.6, Hawaii Revised Statutes: "The department of land and natural resources shall preserve the parks and parkways in the state park system in their natural conditions to far as may be consistent with their use and safety, and improve them in such manner as to retain to a maximum extent their natural, scenic, historic, and wildlife values for the use and enjoyment of the public." It is clear that the proposed rockfall mitigation project is within the mandates and responsibilities of State Parks. In addition, in the "Na Pali Coast Management Plan, Revised Environmental Impact Statement, September 29, 1981, rockfall hazards were identified in the park. Section G, page &11 cites: "Mass - wasting — Mass - wasting, the enmasse downslope movement of rock debris under the force of gravity, is a significant hazard in this region of very steep slopes especially along the Kalalau Trail, near waterfalls and ridges. ..At the foot of higher sea cliffs, such as the Napali Coast, there is a constant downfall of large and small fragments of weathered rock." The proposed project will address these hazards in areas typical of characterized mass - wasting and through the statutory responsibilities defined for State Parks and DLNR. Tobias Koehler Page 2 of 2 We believe this provides clarification and confirmation of the determination provided by OCCL. If there are any questions, please call Russell Kumabe, A1CP, at (808) 587 -03054 Sincerely Daniel Quinn, Administrator State Parks, DLNR c: ©CCL Engineering Division Planning Department, County of Kauai r 1 1"i a i LIKDA LINGLE GOVnNOR OF HAW Av MEMORANDUM STATE OF HAWAII DIVISION OF STATE PARKS POST OFFICE BOX. 621 HONOLULU, HAWAII 96809 March 16, 2010 TO: Katherine Puana Kealoha, Director Office of Environmental Quality Control Department of Health FROM: Daniel S. Quinn, Administrator' KEN Q KAWAHAHA Db2' M kYO=MR. WATPA' • 1J1� -f' i�Pr Flwa • r M] • �. .. • • V. tr • T • w • • • • -'M5. a �Y'wa -pa IV 4 V •-a SUBJECT: Declaration of Exemption for Project No. F80B662A Phase 1 Rockf ll Mitigation, Kalalau Beach Na Pali Coast State Wilderness Park Kauai This is to transmit the attached subject declaration for rock scaling and maintenance activities at the Kalalau Beach section, Na Pali Coast State Wilderness Park, Kauai ( "Kalalau "). The project will implement maintenance scaling of loose rock and debris along the two faces of coastal slopes near the Hoolea waterfall and above the sea cave at the beach. The declaration is being submitted in compliance with requirements of Chapter 343, Hawaii Revised Statutes ( "HRS'). In compliance with the declaration requirements, DLNR consulted with two stakeholder groups: the Haena- Hanalei community and community association and the Division of State Historic Preservation, DLNR ( "SHPD "). A meeting was held on January 21, 2010, at the Hanalei Elementary School for the Haena and Hanalei communities; attached is the sign -in sheet for the meeting. DLNR is working with SHPD pursuant to Chapter 6E -8, HRS. If you have any questions, please contact Russell Kumabe, AICP, of my staff at 587 -0305. Attachment c: Engineering Division Chairperson LINDA LINGLE WVLF.NAR OF HAWAD STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES POST OFFICE BOX 621 HONOLULU, HAWAII 96809 RUSSELL VI TSUJI F=rAFFM • • r rz I11 •1. '.] .• • wz [�I •rz• na. sa '•:T -11 DECLARATION OF EXEMPTION From the preparation of an environmental assessment under the authority of Chapter 343, HRS and Chapter 11,200, HAR Project Title: Rockfall Mitigation, Phase 1, Kalalau Beach, Na Pali Coast State Wilderness Park, Kauai Project No.: F80B662A Project Description: Maintenance of selected coastal slopes that will require rock scaling to clean out loose rocks and rubble from slope shelves along the Park's access areas including portions of the Kalalau Trail and beach areas at the Kalalau Beach section of the Na Pali Coast State Wilderness Park. Consulted Parties: The Haena- Hanalei communities; and The State Historic Preservation Division, DLNR. Exemption Class: Docket 91 -EX -1, Environmental Council, December 4, 1991. Exemption Class 1. Exemption Item Number: Exemption Class 1.2• Exemption Item Description: Class 12 "Roads, road structures, roadways and trails — within developed, maintained portions of State Parks [February 5, 1976]." Date of Agency Exemption List: December 4, 1991. I have considered the potential effects of the above listed project as provided by Chapter 343, HRS and Chapter 11 -200, HAR. I declare that this project will probably have minimal or no significant effect on the environment and is therefore exempt from the preparation of an environmental assessment. DANIEL S • QUINN State Parks Administrator Date r; { Kalalau Rockfall Mitigation Public Information Meeting January 21, 20100 &pm — 8PM Hanalei Elementary School, Hanalei, Hl • it Pa e`L of Name Representing Telephone &mall Address Ly[�l42 q 4e 4- o�►f+. CAtiveLl qq l 774 ' % sl at Ve*+#` jr �/ ILC. - Ntt��9R��►pq Ho ;cue. Cb.+.n..�. $2fv" i 85(e CQtY'�. [rnf3a��o 0 C sgC16 c w) � Q�� ��VW , K• evA, MOA1 - }'7'DC�� -Y�{ -. $"� SS 7... p� 7�