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HomeMy WebLinkAboutmarch232016SSDapplicationsPLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201- (3 Acceptance Date:— Website Posting Date: �1 Determination Date: Planning Commission Date: co Expiration Date: -I Planner Assigned: . V 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 shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A 1 licant Information Applicant: - JoSe LC� ASNCRAF 9 Mailing Address: ` 0 AeCAdtq _� 81�eSx OL A licant's Status: (Check one At/6 w� Kai `i f o &7 Phone: Email: , 4'f' ® V 0.S 1�C fa t ' . l✓g; ® Owner of the Property ❑ Lessee of the Property - ❑ Authorized Agent (Holder of at least 75 % of the equitable and legal title Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. I Attach Letter of Authorization Transmittal Date: County Zoning District: �ZCS �19�'�t AL E'@ Tax Map Key(s): � - „� - ®13 � e ® � Laud Area: a! �R� Nature of Development: g y yy (Description of proposed hbDi "io"AL t5�e�at�G structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. ❑ Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: ® Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: ✓❑ Additional Information: [� Closest distance of improvement(s) from Shoreline is approximately 0 ft. Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: If pR�Pe r�s . -1- 3,es,�s PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL, USE ONLY: SSD 201<0 - FC) Acceptance Date: Website Posting Date: Determination Date: Plmining Commission Date: Expimtion Date: Plamier Assigned: [d]� Topography (undulating, at, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) MME©F A. 5 t [� Shoreline type (e.g. beach, dune, tnclry, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline ❑ If checked, what type of minoring (e.g. seawall, revetment, bulkhead): ❑ Is the annoying pernitted/authorized? ❑ Date of authorization (attach copy of authorization letter): Is property in coastal floodplain (if checked, what zone)? 6k - 'ZoAJE $ ❑ Has this property been subject to coastal hazards in the past? (If checked, please If the proposed snucture or subdivision is within the shoreline setback area then, please be aware that if the determination of a stmcture is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of I{aua`i harmless from and against any and all loss, liability, claim or demandarising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure tinder §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature �I 01� Si ature Data Applicability (to be completed by Planning Department) ppi�tt ' fir, Setback Determinati/onatecesnry. Requirements of Ordinance No. 979 are applicable -2- PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part bas been deemed that a Determ nation w ll be necessary, the addit on nformat now 11 be requited for submission of this application. Part B Exemption Determination ❑ A non-refimdable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. Q8-27.8(e)) ❑ Exempfionl In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or WE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly .adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Lf Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proxnaity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. _ ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Determination (to Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Hrrprovernent," pursuant to §8-27.2 under he ne Kana`i County Code, 1987 as amended, the Plamiing I or subdivisions) as exempt from those shoreline setback -3- 3/�5/SS PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION Part C Shoreline Setback Determination (§8-27.8) (This document is the requestfor a shoreline setback structure or subdivision determination form.) Please complete ties section if you are proposing a structure or subdivision within the Shoreline Setback Area that requires a certified shoreline, a determination of applicability (Part A & B) from the Planning Director shall first be obtained. Certified Shoreline ❑ Certified Shoreline ❑ Survey Map (showing Certified Shoreline, Shoreline Setback, and Stmeture(s) OR Subdivision) ❑ Average Lot Depth: ❑ Setback (Table 1 or Table 2): ❑ Affidavit_ Statement of inability to certify shoreline, pursuant to §8-27.3(d) Planning Director or its designee Date Public Proiects less than ❑ Publio Projects less than $125,000 Declaration ((§8-27.8(c)(2)) Planning Dhector or designee Date ❑Certified Shoreline Required ❑ Certified Shoreline Not Requ Written text addressing the above nronosed structure addressin¢ the coun4iuice with 4- s/os/ss PLANNING DEPARTMENT SHORELINE SETBACK VARIANCE Part D Shoreline Setback Variance (§&27.9) This part 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. ❑ A non-refundable administrative fee of three hundred dollars ($300.00). ❑ - 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 Chapter 343, and the environmental impact statement rules and applicable guidelines of the State of Hawaii; ❑ The names, addresses, andthe tax map key identification of owners of real property situated adjacent to andabutting the boundaries of the land on which the proposed structure or subdivision and/or landscaping is to be located; or operation is to occur (attach information); ❑ A site plan of the shoreline setback area, drawn to scale, showing: ❑ Existing natural and man-made features and conditions within; ❑ Existing natural aid man-made features and conditions along properties 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 infonnafion required by the Any structure approved within the shoreline setback aea by valance shall not Ue eligible for protection by shoreline hadeniug during the life of the structure, and finis limitation and the fact that the strucure does not meet setback requirements under §8-27.3 and could be snUjcot to coastal erosion and high wave action shall be written into a unilateral agreement that is recorded by the Bureau of Conveyances of Laid 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 aid/or shoreline setback variance. Failure of the grantor to record these deed restrictions shall constitute a violation and the grantor shall be subject to the penalties set forth in this Article 3- 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 defend., irrdenmify and hold the County of Kawi'i harmless from and against any aid 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. -5- a/os/ss PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION Table 1. (This fable is inclzuled for tllustratn�e purposes only.) Lots Included in the Kauai Coastal Erosion Study. The distance in feet of the shoreline setback lure as measured from the certified shoreline based on the average lot depth in feet. LOTS INCLUDED IN KAUA`I COASTAL EROSION STUDY Average Lot Depth Setback Line Less than 140 feet (<140 feet) 40 feet plus (70 X annual coastal erosion rate) plus 20 feet Greater of 140 feet to 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (140-220 feet) or - (Average Lot Depth minus 100 feet) _ by 2 plus 40 Greater of: Greater than 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (>220 feet) -or- 100 feet from the certified shoreline View erosion rate maps from the County website at http://www.soest.hawau.edu/coasts/kanaicount,V/KCounty.html Table 2. (This table is inch/ded for illalsirative purposes only.) Lots Not Included in the Kauai Coastal Erosion Study. LOTS NOT INCLUDED IN I{AUA`I COASTAL EROSION STUDY Setback Calculation Non -Abutting (Average Lot Depth — 100/2+40) Subject to the Following: I For lots with naturally occurring rocky shorelines, the shoreline setback line shall be no less than 40 feet. 2 For all other lots, the shoreline setback line shall be no less than 60 feet. 3 For all lots, the maximum setback that can be required shall be 100 feet. Lots. If an Applicant is unable to secure permission from the abutting landowner to complete a cerfii`ied shoreline for anon -abutting lot within approximately five hundred fifty (550) feet of the shoreline, the Planning Director may, pursuant to §8-4.3, impose conditions to zoning permits to increase setbacks where evidence exists that a proposed structure may be affected by coastal hazards or erosion. 6- a/os/ss PLANNING (DEPARTMENT SHORELINE SETBACK INFORMATION Table 3. This taUle is presented for Exemption 3 (§8-27.7). Permitted Structures within the shoreline setback area (a) The following structures are permitted in the shoreline setback area All structures and/or landscaping not specifically permitted in the section are prohibited without a variance. (1) Existing conforming and nonconforming structures/activities (2) Structure or activity that received a shoreline variance or administrative approval prior to February 26, 2008. (3) A structure or activity that is necessary for, or ancillary to, continuation of agriculture or aquaeulture existing on the shoreline setback area on June 16, 1989. - (4) "Temporary structures" as defined in Section 8-27.2. To ensure that there will be no irreversible or long-term adverse effects, the Director shall require as a condition of a permit the restoration of the site to its original condition or better, and the Director may require a bond to ensure such restoration. (5) A structure that consists of maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or water sports recreational facilities, which are publicly owned, and which result in no interference with natural beach processes; provided that permitted structures may be repaired, but shall not be enlarged within the shoreline setback area without a variance. (6) Repairs to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs do not enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs do not constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. (7) Beach nourishment or dime restoration projects approved by all applicable governmental agencies. (8) A structure approved by the Director as a minor structure. (9) Qualified demolition of existing structures. (10) Unmanned civil defense facilities installed for the primary purposes of: (i) waning the public of emergencies and disasters; or (ii) measuring and/or monitoring geological, meteorological and other events. (11) Scientific studies and surveys, including archaeological surveys. (12) Structures built by a governmental agency to address an emergency as declared by the Governor of the State of Hawaii, the Mayor of the County of Raia`i or any other public official authorized by the law to declare an emergency. (13) Structures relating to film productions that have received a County Revocable Film Permit Structures undertaken for film productions must be removed wit]un thirty (30) days following the completion of the film production. (14) Structures required for remedial and removal actions undertaken pursuant to Chapter 128D of the Hawaii Revised Statutes. 7- 3/�s/u PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION (b) The following conditions shall apply to any new stricture permittedin the shoreline setback area: (1) All new structures shall by constructed in accordance with the standards for development in Chapter 15, Article 1, Flood Plain Management, Kauai County Code 1987, as amended, relating to coastal high hazard districts and FEMA guidelines regarding construction in areas mapped on Flood Insurance Rate Maps as flood hazard areas. (2) 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 from any coastal natural hazard and coastal erosion. (3) The applicant shall agree in writing for itself, its successors and assigns tli<at the construction of any erosion - control or shoreline hardening structure and/or landscaping shall not be allowed to protect the permitted structure during its life, with the exception of approved beach or dune nourishment fill activities, and landscape planting and irrigation located more than forty feet (40') from the shoreline. (4) Unless otherwise provided, all new structures and/or landscaping shall not: (A) adversely affect beach processes, (B) artificially fix the shoreline, (C) interfere with public access or public views to and along the shoreline, (D) impede the natural processes and/or movement of the shoreline aid/or sand dunes, or (E) alter the grade of the shoreline setback area. (5) All new structures shall be consistent with the purposes of this article and I -IRS Chapter 205A, as amended, and shall be designed and locatedto minimize the alteration of natural landfor s and existing public views to and along to the shoreline. (6) The requirements of this Subsection (b) shall nun with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure trader Section 8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the Comity Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit -8- s/os/is �� �rr,<t. ,... ._ Ji"`f--�r�_d O`7 �� ,"'i�'�'.' _ J` ! ,t pb`.:,a,,apr.�. .. . ,�-� y�"f'a g ��T.f�+—_ ,_�� �. �� �f ,�d',�i�y' 7 ,!',''�9c.�. L ,Jt �a1 r - � � `d��s � % ...� f y�_ p-- .-� _.., .� � � �-. �' i � � � .,' � ! � �- , , r�s ��,,�� rye. �� ., , �'. _�"'- ��,F r ''� �' ' _� � � I ' 1 �,.m,a..._ .. rd "'f .fit la 9 rs � f�a..,�"o�'s'" .• ^� ���7` s3�E3 �+ait�%7 �� .�",. 1;� '�� a._.�.�_.�._,P��w_w�.._.,�.� .__ ._v ,,�..w_._._.._.Y.�,..........m�...._._�.. ,�r �r E�`/rat � -, ��G�v i � l� l� �,1�.11 �� �r � z r „� .s�%�e°'e^'��,�,'�'�" �,�', �, e'er �+ 3 t 1 AIR - ,> �' ell el PLANNING DEPARTMENT --FOR OFFICIALUSE.ONLY: SSD 201 - Acceptance Date: ,�JIA Website Posting Date: 'j Z C. Determination Date: Planning Commission Date: (r, E iration Date: Planner Assigned: 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 shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. AElf licant Information Applicant: rt4A/ C a H6vi,14 fn/tvAj Address: LJ, djf / Phone: Applicant's Status: e (Check one f Email: t5rtah v?C dt�febe , Owner of the Property Lessee of the Property Authorized Agent (Holder of at least 75 % of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: S - Project Inforinail0lr (attach additional sheets, if necessary) County Zoning District: Tax Map Key(s): — S.' Land Area: p Nature of Development: (Description of proposed lieUPCIA 4 �a I�IG✓�� � dV D14 Structure of subdivision)C NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. ❑ Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: [� Properties Not Abutting the Shoreline $$ p- R Project's approximate distance from shoreline: J T %. ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately ft. Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: ------------- 2(26/15 PLANNING DEPARTMENT '. FOR OFFICIAU.USE ONLY: ' -. SSID 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assi ed - Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) Shoreline type (e.g, beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ 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)? A& ® Has this property been subject to coastal hazards n the past? (If checked, If the proposed structuue or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure 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 from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under § 8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Signature Date '--ApP1tC8t)11ttV itdle a.�,�st4lettal lre T lasa,tilat� L.reur���latee�ril _ necessary. Requirements of Ordinance No. 979 apply, submit full application. 2 2/26/15 PLANNING DEPARTMENT . I . 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 Exemption Determination A non-refundable processing fee of one hundred dollars ($105,00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption t In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to § 8-27.2 Exemption Determination (to be comppl tect Iiy.I p nninh Der 3a t men") to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the structure(; subdivision(s) as exempt from those shoreline setback determination required established 27.8. 22611i PLANNING DEPARTMENT • , m,/ Z&UTI Table 1. (This table is included for illustrative purposes only.} Lots Included in the Kauai Coastal Erosion Study. The distance in feet of the shoreline setback lime as measured from the certified shoreline based on the average lot depth in feet. LOTS INCLUDED IN I{AUA`I COASTAL EROSION STUDY Average Lot Depth Setback Line Less Than 140 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (<140 feet) Greater of: 140 feet to 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (140-220 feet) -or- (Average Lot Depth minus 100 feet) = by 2 plus 40 Greater of: Greater than 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (>220 feet) or- 100 feet from the certified shoreline View erosion rate maps from the County website at l�ttl�l/�r,eroest.�ta�raa€i.ecttr/csa°tstsJl��ttt�zlcaatt�tt}!/KCezttta..Fetrzrl Table 2. (This table is included for illustrative purposes only.) Lots Not Included in the Kauai Coastal Erosion Study. LOTS NOT INCLUDED IN KAUA`I COASTAL EROSION STUDY Setback Calculation (Average Lot Depth—100/2+40) Subject to the Following: 1 For lots with naturally occurring rocky shorelines, the shoreline setback line shall be no less than 40 feet. 2 For all other lots, the shoreline setback line shall be no less than 60 feet. 3 For all lots, the maximum setback that can be required shall be 100 feet. Non -Abutting Lots. If an Applicant is unable to secure percussion from the abutting landowner to complete a certified shoreline for anon -abutting lot within approximately five hundred fifty (550) feet of the shoreline, the Planning Director may, pursuant to §8-4.3, impose conditions to zoning permits to increase setbacks where evidence exists that a proposed structure may be affected by coastal hazards or erosion. 4 2/26/15 Table 3. This table is presented for Exemption 3 (§8-27.7). Permitted Structures within the shoreline setback area (a) The following structures are permitted in the shoreline setback area. All structures and/or landscaping not specifically permitted in the section are prohibited without a variance. (1) Existing conforming and nonconforming structures/activities (2) Structure or activity that received a shoreline variance or administrative approval prior to February 26, 2008. (3) A structure or activity that is necessary for, or ancillary to, continuation of agriculture or aquaculture existing on the shoreline setback area on June 16, 1989, (4) "Temporary structures" as defined in Section 8-27.2. To ensure that there will be no irreversible or long-term adverse effects, the Director shall require as a condition of a permit the restoration of the site to its original condition or better, and the Director may require a bond to ensure such restoration. (5) A structure that consists of maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or water sports recreational facilities, which are publicly owned, and which result in no interference with natural beach processes; provided that permitted structures may be repaired, but shall not be enlarged within the shoreline setback area without a variance. (6) Repairs to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs do not enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs do not constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. (7) Beach nourishment or dune restoration projects approved by all applicable governmental agencies. (8) A structure approved by the Director as a minor structure. (9) Qualified demolition of existing structures. (10) Unmanned civil defense facilities installed for the primary purposes of: (i) warning the public of emergencies and disasters; or (it) measuring and/or monitoring geological, meteorological and other events. (11) Scientific studies and surveys, including archaeological surveys. (12) Structures built by a governmental agency to address an emergency as declared by the Governor of the State of Hawaii, the Mayor of the County of Kauai or any other public official authorized by the law to declare an emergency. (13) Structures relating to film productions that have received a County Revocable Film Permit. Structures undertaken for film productions must be removed within thirty (30) days following the completion of the film production. (14) Structures required for remedial and removal actions undertaken pursuant to Chapter 128D of the Hawai `i Revised Statutes. 2/26/IS PLANNING DEPARTMENT 1 1 (b) The following conditions shall apply to any new structure permitted in the shoreline setback area: (1) All new structures shall by constructed in accordance with the standards for development in Chapter 15, Article 1, Flood Plain Management, Kauai County Code 1987, as amended, relating to coastal high hazard districts and FEMA guidelines regarding construction in areas mapped on Flood Insurance Rate Maps as flood hazard areas. (2) 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 from any coastal natural hazard and coastal erosion. (3) The applicant shall agree in writing for itself, its successors and assigns that the construction of any erosion - control or shoreline hardening structure and/or landscaping shall not be allowed to protect the permitted structure during its life, with the exception of approved beach or dune nourishment fill activities, and landscape planting and irrigation located more than forty feet (40') from the shoreline. (4) Unless otherwise provided, all new structures and/or landscaping shall not: (A) adversely affect beach processes, (B) artificially fix the shoreline, (C) interfere with public access or public views to and along the shoreline, (D) impede the natural processes and/or movement of the shoreline and/or sand dunes, or (E) alter the grade of the shoreline setback area. (5) All new structures shall be consistent with the purposes of this article and ERS Chapter 205A, as amended, and shall be designed and located to minimize the alteration of natural landforms and existing public views to and along to the shoreline. (6) The requirements of this Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under Section 8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. 2I26II5 Part C Shoreline Setback Determination (§8-27.8) (This document is the request for a shoreline setback structure or subdivision determination form_) Please complete this section if you are proposing a structure or subdivision within the Shoreline Setback Area that requires a certified shoreline, a determination of applicability (Part A � B) from the Planning Director shall first Ue obtained. Certified Shoreline ❑ Certified Shoreline ❑ Survey ❑ Average Lot Depth: ❑ Setback (Table 1 or Table 2): its designee Date Public Pro'ects less than $125,000 ❑ Public Projects less than $125,000 Declaration ((§8-27.8(c)(2)) Planning Director or designee Date ❑ Certified Shoreline Required ❑ Certified Shoreline Not Required Describe Written text addressine the above but not limited to structure addressing the compliance with 7 226/15 PLANNING DEPARTMENT Part D Shoreline Setback Variance (§8-27.9) This part is the request for a shoreline setback vazlance. 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. ❑ A non-refundable administrative fee of three hundred dollars (K)00,00). ❑ 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 Chapter 343, and the environmental impact statement rules and applicable guidelines of the State of Hawaii; ❑ The names, addresses, and the tax map key identification of owners of real property situated adjacent to and abutting the boundaries of the land on which the proposed structure or subdivision and/or landscaping is to be located; or operation is to occur (attach information); ❑ A site plan 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 properties 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 propose and intent of these rules and the criteria for approval o£ a variance (attach written statement); ❑ Analysis and report of coastal. erosion rates and coastal processes; and ❑ Any other information required by the Any structure approved within the shoreline setback area by variance shall not be eligible for protection by shoreline hardening during the life of the stmcttue, and this limitation and the fact that the structure does not meet setback requirements under §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 and the grantor shall be subject to the penalties set forth in this Article 3. 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 defend, indemnify and hold the County of I{aua`i 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. zizens -% C... can PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201_U- 6Z Acceptance Date: Website Posting Date: —Z Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: I I T(b 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 shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A 7icant Information Applicant: Kauai Petroleum Co., Ltd., c/o Michael Belles Mailing Address: 4334 Rice Street, Suite 202 Phone: 246-6961 Lihue, Kauai, Hawaii 96766 Email: mjb@kauai-law.com A limmfsStatus: (Check one) Owner of the Property (Holder of at least 75% of the equitable and legal title) in/ Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. ❑✓ Authorized Agent Attach Letter of Authorization Transmittal Date: I Proiect Informafion (attach additional sheets, if necessarvl I County Nature of Development: (Description of proposed structure or subdivision) General Industrial (I-G) Tax Map K Laud Area: 3-2-04:016 I 57.297 s.f. NO PERMITS WILL BE ISSUED WITHOUT PLANNING CO1VIiVIISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply,1111 in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. Properties Abutting the Shoreline 0 Preject's approximate distance from shoreline: �✓ Pro erties Not Abutting the Shoreline ✓254.383 ft. � Project's approximate distance from shoreline: �✓ Additional Information: Q✓ Closest distance of iinprovement(s) from Shoreline is approximately 260 ft. ® Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: the State Harbor facilities and Waapa Road separate the Subject Property from the Shoreline -1- 3ro�ns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION 'FOR OFFICIAL USE ONLY: SSD 201�- Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: ❑✓ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) ❑ Shoreline type (eg. beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline ❑✓ If checked, at type of armoring (e.g. seawall, revelment, bulkhead): feve1n1en` (na"'or) ❑✓ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? ❑ Has thisproperry been subject to coastal hazards in the pmt? (If checked, please descril If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure 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 from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Signature Date Applicability (to be completed by Planning Department) Setback D erminationRecessary. Requirements of Ordinance No. 979 are applicable. or Date 2- 3/os/rs PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION 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 Exemption Determination ✓❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. ❑✓ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuantto §8-27.2 Exemption Determination (to be comnleted by Planning Detiartment) to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies t structure (s) or subdivision(s) as exempt from those shoreline setback determination requirements ed under 8 7.8. Date -3- 3ro�n ATTACHMENT TO SHORELINE SETBACK APPLICATION KAUAI PETROLEUM CO., LTD, TMK:3-2-04:016 SHORELINE SETBACK ASSESSMENT Erosion Rate Not Established. The Nawiliwili Bay area has not been covered under the School of Ocean and Earth Sciences and Technology ("SOEST") mapping for the island of Kauai (see Exhibit "H"), and therefore, no annual coastal erosion hazard rate ("AEHR") is available for the Subject Property or its surroundings. Therefore, under Section 8-27.3(d), KCC ((Average Lot Depth — 100)/2 + 40), the setback calculation for the Subject Property is as follows: Lot Line Measurements Left side 449 feet Right side 331 feet Center line 377 feet Total 1,157 feet Average Lot Depth 1,157/3 = 385.67 feet Applying the formula, then, the result is 385.67 —100/2 + 40 = 182.835 feet In short, the erosion rate setback is 182.835 feet from the shoreline (which in this case would be the armored harbor edge. The proposed Development, occurring in excess of 250 feet from the armored harbor edge, then, meets the requirements of the County's shoreline setback standards. {W:/DOCSJ38357/2/W0141961DOCX } PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION Part C Shoreline Setback Determination (§8-27.8) (This document is the request for a shoreline setback structure or subdivision determination form.) Please complete this section if you are proposing a structure or subdivision within the Shoreline Setback Area that requires a certified shoreline, a determination of applicability (Part A & B) from the Planning Director shall first be obtained. Certified Shoreline Certified Shoreline Survey Map (showing Certified Shoreline, Shoreline Setback, and Structure(s) OR Subdivision) Average Lot Depth: Setback (Table 1 or Table 2): Affidavit: Statement of inability to certify shoreline, pursuant to §8-27.3(d) Date 'Public Projects less than $125,000 Public Projects less than $125,000 Declaration ((§8-27.8(c)(2)) Planning Director or designee Date ❑ Certified Shoreline Required ❑ Certified Shoreline Not Required Describe nronosed structm-e(s), including but not limited to text addressing the above nronosed shucture addressing the compliance with -4- 3iosns PLANNING DEPARTMENT SHORELINE SETBACK VARIANCE Part D Shoreline Setback Variance (§&27.9) This part 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. ❑ A non-refundable administrative fee of three hundred dollars ($300.00). ❑ 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 Chapter 343, and the environmental impact statement rules and applicable guidelines of the State of Hawaii; The names, addresses, and the tax map key identification of owners of real property situated adjacent to and abutting the boundaries of the land on which the proposed structure or subdivision and/or landscaping is to be located; or operation is to occur (attach information); ❑ A®site plan 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 properfies immediately adjacent to the shoreline setback area and proposed improvements; ElThe 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 shvcture approved within the shoreline setback azea by variance shall not be eligible for protection by shoreline hazdening doing the life of the structure, and this limitation and the fact that the stmcture does not meet setback requirements under §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 and the grantor shall be subject to the penalties set forth in this Article 3. 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 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 structure and this indemnification shall be included in the unilateral agreement required above. 5- 3/OS/15 PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION Table 1. (This table is included far illustrative purposes onZy.) Lots Included in the Kauai Coastal Erosion Study. The distance in feet of the shoreline setback line as measured from the certified shoreline based on the average lot depth in feet. LOTS INCLUDED IN KAUA`I COASTAL EROSION STUDY Average Lot Depth Setback Line Less than 140 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (<140 feet) Greater of. 140 feet to 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (140-220 feet) -or- (Average Lot Depth minus 100 feet) _ by 2 plus 40 Greater of: Grater than 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (>220 feet) -or- 100 feet from the certified shoreline View erosion rate maps from the County website at http://www.soesthawan,edu/coasts/kauaicounty/KCounty.ht rd Table 2. (This table is included for illustrative purposes only Lots Not Included in the Kauai Coastal Erosion Study. LOTS NOT INCLUDED IN KAUA`I COASTAL EROSION STUDY Setback Calculation (Average Lot Depth — 100/2+40) Subject to the Following: I For lots with naturally occurring rocky shorelines, the shoreline setback line shall be no less than 40 feet. 2 For all other lots, the shoreline setback line shall be no less than 60 feet. 3 For all lots, the maximum setback that can be required shall be 100 feet. Non -Abutting Lots. If an Applicant is unable to secure permission from the abutting landowner to complete a certified shoreline for anon -abutting lot within approximately five hundred fifty (550) feet of the shoreline, the Planning Director may, pursuant to §8-4.3, impose conditions to zoning permits to increase setbacks where evidence exists that a proposed structure may be affected by coastal hazards or erosion. -6- 3iasns PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION Table 3. This table is presented for Exemprion 3 (§8-27.7). Permitted Structures within the shoreline setback area (a) The following structures are permitted in the shoreline setback area. All structures and/or landscaping not specifically permitted in the section are prohibited without a variance. (1) Existing conforming and nonconforming structures/activities (2) Structure or activity that received a shoreline variance or administrative approval prior to February 26, 2008, (3) A structure or activity that is necessary for, or ancillary to, continuation of agriculture or aquaculture existing on the shoreline setback area on June 16, 1989. (4) "Temporary structures" as defined in Section 8-27.2. To ensure that there will be no irreversible or long-term adverse effects, the Director shall require as a condition of a permit the restoration of the site to its original condition or better, and the Director may require a bond to ensure such restoration. (5) A structure that consists of maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or water sports recreational facilities, which are publicly owned, and which result in no interference with natural beach processes; provided that permitted structures may be repaired, but shall not be enlarged within the shoreline setback area without a variance. (6) Repairs to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs do not enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs do not constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under ]FIRS Chapter 205A and any other applicable rule or law. (7) Beach nourishment or dune restoration projects approved by all applicable governmental agencies. (8) A structure approved by the Director as a minor structure. (9) Qualified demolition of existing structures. (10) Unmanned civil defers : facilities installed for the primary purposes of (i) warning the public of emergencies and disasters; or (ii) measuring and/or monitoring geological, meteorological and other events. (11) Scientific studies and surveys, including archaeological surveys. (12) Structures built by a governmental agency to address an emergency as declared by the Governor of the State of Hawaii, the Mayor of the County of Kauai or any other public official authorized by the law to declare an emergency. (13) Structures relating to film productions that have received a County Revocable Film Permit. Structures undertaken for film productions must be removed within thirty (30) days following the completion of the film production. (14) Structures required for remedial and removal actions undertaken pursuant to Chapter 128D of the Hawaii Revised Statutes. -7- s/os/is PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION (b) The following conditions shall apply to any new structure permitted in the shoreline setback area: (1) All new structures shall by constructed in accordance with the standards for development in Chapter 15, Article 1, Flood Plain Management, Kauai County Code 1987, as amended, relating to coastal high hazard districts and FEMA guidelines regarding construction in areas mapped on Flood Insurance Rate Maps as flood hazard areas. (2) 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 from any coastal natural hazard and coastal erosion. (3) The applicant shall agree in writing for itself, its successors and assigns that the construction of any erosion - control or shoreline hardening structure and/or landscaping shall not be allowed to protect the permitted structure during its life, with the exception of approved beach or dune nourishment fill activities, and landscape planting and irrigation located more than forty feet (40') from the shoreline. (4) Unless otherwise provided, all new structures and/or landscaping shall not: (A) adversely affect beach processes, (B) artificially fix the shoreline, (C) interfere with public access or public views to and along the shoreline, (D) hupede the natural processes and/or movement of the shoreline and/or sand dunes, or (E) alter the grade of the shoreline setback area. (5) All new structures shall be consistent with the purposes of this article and BRS Chapter 205A, as amended, and shall be designed and located to minimize the alteration of natural landforms and existing public views to and along to the shoreline. (6) The requirements of this Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty(30) days after the date of final shoreline approval of the structure under Section 8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. -8- 3/os/ss t�iLk*j zalx 1S�azTie: STA'i`Lx1lF'i�tl;yYtiII �adts: 13n� �l IIa1 Awa Krt:Mau Building 79 &Wh Nbritz Highway Uomlulu, Hawaii 9691.34898 II. AIiTHf51ti3AGBN'f. N�ie: 1.F.Ifii P��?I.�L7IvF Gt7„ IlaIsv,;. a Iiawaz r;�paration cfo 1Lf#saei 3. Ielles Wes Graham PrvudfpotWilsou & Chun, LLP A�ress �14I�ce:�tr`eetf Suit�2ii2 it ea i aaai, Hawaii 9M �eiegltcrna: {898} 2�tfi-fi9tr�" Fscaanil�: (8481 �f-5-��'�7 Email: 'Ir�{�kau��lasv. RL PROPBRTY. TMK.: 34-d4:ni6 ITf . AUTIIL�T21ZAfiTQI�i< The t}wtFer' hooby autiiorl�es Kauai PEtmle,nn CQt, Iilc:, as,'E1wners tetra37t, by and tlutstigh,iVl'�ha�� 7, Pelfes pf I3el�es Graham Ptuudfouf irV"idsan � Ciiui,.LLT� to actors the Appliem 's behalf and: to file :Aud. ,process on the AppiLcaut:s behW 'tha following ippl?cailons necmary. to obtain goverarm mat permits it a ing to the. shove-ldeadfled Iv'mpeit�t:: 1. Building: permits,, grad'ztig permits; rise permits, aaiariee panxits,'Zoning periiuts, ' project deveiapmer?L use Iiezmifs, sharelte sAtbaek. pemuil� and Slreaial Martagernem Area permits is%wd by arty dep'artTent, agency, board or [VIJDOCS1383iZ13/4Et1t349AI.DOCX j commission of flxe Cuunty of Kauai; with an address of 4444. Iti�e Street?. 5uit 275 (ps to tbo Department of Publie-Wo ks. for bttiidiug acid goding.pertni s) aad oite.A 473, Talzit .Kauai, llawoii (as to flid:J?lAnWing Depactia a —an plaamttg. Coxiitt7issloix�. 2: Permits INSLUM ity the Departinenk of FIMM o£ Ulu Stato of Hawtut Wrtli addresses as fbuows< a) Kauai D swet Office, V40 Vwl Street; Lihur, Xzfu i, Rawaii 4667 and b) Musa Rate,1250 Putichbowl $000 ; Honolulu, liawail i16m 3, Pe'rts issued by the Board of Land.a�d NatctYal lees of the State of Fa�vau andfor the DepwUnettt of .Land and Natural Resourew of the SWe of:Ilawaiit. with an address of Kalanimoku Building; 1151 Punchbowl Street, Honolulu, Ruwali' y6p13. i�CQtwthsianding tine fot�gottg to the contrary,. Kauai Petrctleurt �o,.1it� sltait {ij provide - - copies of any and all items described above, and (il) obtain the written conscat.of Ownet` prior to �ttZpittirig aixysticlt #teat: V.. ttATTExtt?l�Ti{),I�. 'i`Ize t?w4er Yiertb� ratifies aud approves ail rite fo110 actipYrs. then; and applicaflons filmsoT% tobe ftied byKatxm Pelmlexim.Cc). Inc: with regard to the.property: .. Special I�+Ianagemept.Area Permit lissesstrieni(s). 2, Class IV Toning Paruxtt 3. Sw h additional -or of t permits detemrined to lie red iited by any goPet imentai agency Having jurisdictionmd control over -fife subject inatter, 1VIIS C$I I,t14Ef)175. '1`lte tartns and conditions of this Audrorization.may be atueatded or,expatided ottiy by the written ctlixsent of the Owner; 'Flits authiirization ri'xay lse t8ftutirtated uriilateraIIy by. w.riEteta notice of Qwner to Kauai I'et?oleunx. Co„ Ina, and such tetinirtattvn shall lie' elfeetive upon receipt. OAOTEA: STA`FE OF HAWAff I lteetoi'`,"I�epattiinet t of Transportatidu. (�YJDDLS2315i12YNflt399Q1DOCX) . _ _�_ :V� I. APPLICANT/LESSEE. Name: KAUAI PETROLEUM CO., INC., a Hawaii corporation Address: 3011 Aukele Street Lihue, Kauai, Hawaii 96766 II. AUTHORIZED AGENT. Name: Michael 7. Belies Belles Graham Proudfoot Wilson & Chun, LLP Address: 4334 Rice Street, Suite 202 Lihue, Kauai, Hawaii 96766 Telephone: (808) 246-6962 Facsimile: (808) 245-3277 Email: mib@kauai-law.coni III. PROPERTY. TIVIIC: 3-2-04:016 N. AUTHORIZATION. The An having been authorized by the Owner State of Hawaii to do so, authorizes Michael S. Belles of Belles Graham Proudfoot Wilson &Chun, LLP to act on the Applicant's behalf and to file and process on the Applicant's behalf the fallowing applications necessary to obtain governmental permits relating to the above -identified Property: Building permits, grading permits, use permits, variance permits, zoning permits, project' development use permits, shoreline setback permits and Special Management Area permits issued by any department, agency, board or commission of the County of Kauai with an address of 4444 Rice Street, Suite 275 (as to the Department of Public Works for building and grading permits) and { W JDOCS/28357/JW 01399�4.DOCX } Suite A-473, Lihue, Kauai, Hawaii (as to the Planning Department and Planning Commission). 2. Permits issued by the Department of Health of the State of Hawaii with addresses as follows: a) Kauai District Office, 3040 Umi Street, Lihue, Kauai, Hawaii 9667 and b) Kinau Hale, 1250 Punchbowl Strect, Honolulu, Hawaii 96813, 3. Permits issued by the Board of Land and Natural Resources of the State of Hawaii and/or the Department of Land and Natural Resources of the State of Hawaii, with an address of Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Hawaii 96813. Notwithstanding the foregoing to the contrary, Authorized Agent shall (i) provide copies of any and all items described above, and (ii) obtain the written consent of Owner prior to submitting any such item. V. RATIkTCATION. The Owner hereby ratifies and approves all the following actlons taken, and applications filed or to be filed by the Authorized Agent with regard to the Property: 1. Special Management Area Permit Assessment(s). 2. Class IV Zoning Permit 3. Such additional or other permits determined to be required by any governmental agency having jurisdiction and control over the subject matter. VI. MISCELLANEOUS. The terms and conditions of this Authorizaflon maybe amended or expanded only by the written consent of the Owner. This authorzat on may be term Hated unilaterally by written notice of Owner to Authorized Agent and such termination shall be effective upon receipt. DATED: September 23, 2Q15 APPLICANT: KAUAI PETROLEUM Name• Dayi2l,Ilkrjo Its: General Manager . {w:/DOCS/28357/2fW0739904.DOCX} _2_ i 0L i h � iL r �4Fj v aj „ -. FOR OFFICIAL: USE. ONLY: ,-.. SSD 201 Acc tance Date: Website Posting Date: Determination Date: '> — Planning Commission Date: Expiration Date: — 7 Planner Assigned: Instructions: File all informafion requested under Part A for processing the Detemrination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Project Inform A ' licanfInformation Applicant: William D. Cvengros Address: —Ti�975pepperiree Bend Phone: 949 230-7221 Applicant's Status: San Juan Capistrano CA. 92675 Email: Bill a@cvengros.net (Check one) Owner of the Property Lessee of the Property Authorized Agent (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this a plication. If not, Owners) must rov de a Letter of Authorization. Attach Letter of Authorization Transmittal Date: February 18 2016 atioII(attach additional sheets, >fnecessary) County Zoning District: AG/OPEN Tax Map Key(s): (4) 5-1-05:51 Land Area: 7R '402 ArrP Nature of Development: Re -Grade ex pathway &instal! erosion control lining in swales. (Description of proposed Structure of subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 0 Properties Abutting the Shoreline X❑ Project's approximate distance from shoreline: 275' ± (See Exhibit) ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately ft. ❑ Number of parcels and type of improvements (roads, build ags, structures) between Shoreline and this parcel: 2126/15 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Co Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring pemntted/authorized? ❑ Date of authorization (attach copy of authorization letter): Is property in coastal floodplain (if checked, what zone)?y4 — cfflW L1 rag'% ed 470 LsIbv �] Has this property been subject to coastal hazards in the past? (If checked, please describe) Qev.4T�lh�} If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure 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 from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no latex than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Q � Signature a_ Ifs" SetbackD ermin llate Requirements of Ordinance No. 979 apply, submit full application. Date 2 2/26/IS 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 Exemption Determination © A non-refundable processing fee of one hundred dollars (S1ild.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed stmcture or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or WE' flood zones; (B) The proposed structure or subdivision is located at au elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adj acent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Plaaning Director that the applicant's proposed stmcture or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "S�rbstantial Improvement," pursuant to §8-27.2 Exemption Determination ¢t, be completed by Planning ing jepai-hueizt) Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the pro se pro or subdivision(s) as exempt from those shoreline setback determination required established un er b8 27.8. Date 2/26/t5 P f,DEPARTMENT Table 1. (This table is included for illustrative purposes only.) Lots Included in the Kauai Coastal Erosion Study. The distance in feet of the shoreline setback line as measured from the certified shoreline based on the average lot depth in feet. Average Lot Depth Setback Line Less than 140 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (<140 feet) Greater of: 140 feet to 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (140-220 feet) or - (Average Lot Depth minus 100 feet) . by 2 plus 40 Greater of Greater than 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (>220 feet) -or- 100 feet from the certified shoreline View erosion rate maps from the County website at htS./!r,a ti soest.ha v rii.e€iufa caste/1 _ saiotartlC rttntv.l€*a f Table 2. (This table is included for illustrative purposes only.) Lots Not Included in the Kauai Coastal Erosion Study. LOTS NOT INCLUDED IN IfAUA`I COASTAL EROSION STUDY Setback Calculation (Average Lot Depth—100/2+40) Subject to the Following: 1 For lots with naturally occurring rocky shorelines, the shoreline setback line shall be no less than 40 feet. For all other lots, 2 the shoreline setback line shall be no less than 60 feet. 3 For all lots, the maximum setback that can be required shall be 100 feet. Non -Abutting Lots. If an Applicant is unable to secure permission from the abutting landowner to complete a certified shoreline for anon -abutting lot within approximately five hundred fifty (550) feet of the shoreline, the Planning Director may, pursuant to §8-4.3, impose conditions to zoning permits to increase setbacks where evidence exists that a proposed structure may be affected by coastal hazards or erosion. 4 2126/15 PLANNING DEPARTMENT MJLRFLU=fi. l Table 3. This table is presented for Exemption 3 (§8-27.7). Permitted Structures within the shoreline setback area (a) The following structures are permitted in the shoreline setback area. All structures and/or landscaping not specifically permitted in the section are prohibited without a variance. (1) Existing conforming and nonconforming structures/activities (2) Structure or activity that received a shoreline variance or administrative approval prior to February 26, 2008. (3) A structure or activity that is necessary for, or ancillary to, continuation of agriculture or aquaculture existing on the shoreline setback area on June 16, 1989. (4) "Temporary structures" as defined in Section 8-27.2. To ensure that there will be no irreversible or long-term adverse effects, the Director shall require as a condition of a permit the restoration of the site to its original condition or better, and the Director may require a bond to ensure such restoration. (5) A structure that consists of maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or water sports recreational facilities, which are publicly owned, and which result in no interference with natural beach processes; provided that permitted structures may be repaired, but shall not be enlarged within the shoreline setback area without a variance. (6) Repairs to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs do not enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs do not constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. (7) Beach nourishment or dune restoration projects approved by all applicable governmental agencies. (8) A structure approved by the Director as a minor structure. (9) Qualified demolition of existing structures. (10) Unmanned civil defense facilities installed for the primary purposes of (i) warning the public of emergencies and disasters; or (ii) measuring and/or monitoring geological, meteorological and other events. (11) Scientific studies and surveys, including archaeological surveys. (12) Structures built by a governmental agency to address an emergency as declared by the Governor of the State of Hawaii, the Mayor of the County of Kauai or any other public official authorized by the law to declare an emergency. (13) Structures relating to film productions that have received a County Revocable Film Permit. Structures undertaken for film productions must be removed within thirty (30) days following the completion of the film production. (14) Structures required for remedial and removal actions undertaken pursuant to Chapter 128D of the Hawai `i Revised Statutes.. 2/>_N15 �_ � �; �� �. (b) The following conditions shall apply to any new stmctute permitted in the shoreline setback area: (1) All new stmctures shall by constructedm accordance with the standards for development in Chapter 15, Article 1, Flood Plain Management, Kauai County Code 1987, as amended, relating to coastal high hazazd districts and FEMA guidelines regarding construction in areas mapped on Flood Insurance Rate Maps as flood hazazd areas. (2) 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 from any coastal natural hazard and coastal erosion. (3) The applicant shall agree in writing for itself, its successors and assigns that the construcfion of any erosion - control or shoreline hardening structure and/or landscaping shall not be allowed to protect the permitted structure during its life, with the exception of approved beach or dune nourishment fill activities, and landscape planting and imgation located more than forty feet (40') from the shoreline. (4) Unless otherwise provided, all new structures and/or landscaping shall not: (A) adversely affect beach processes, (B) artificially fix the shoreline, (C) interfere with public access or public views to and along the shoreline, (D) impede the natural processes and/or movement of the shoreline and/or sand dunes, or (E) alter the grade of the shoreline setback azea. (5) All new structures shall be consistent with the purposes of this article and FIRS Chapter 205A, as amended, and shall be designed and located to minimise the alteration of natural landforms and existing public views to and along to the shoreline. (6) The requirements of this Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under Section 8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite Yo the issuance of any related building permit. zizcn s PLANNING DEPARTMENT ,� , IfU Part C Shoreline Setback Determination (§8-27.8) (This document is the request for a shoreline setback structure or subdivision determination form) Please complete this section if you are proposing a structure or subdivision within the Shoreline Setback Area that requires a certified shoreline, a determination of applicability (Part A & B) from the Planning Director shall first be obtained. ❑ Certified Shoreline ❑ Survey ❑ Average Lot Depth: ❑ Setback (Table 1 or Table 2): Director ox its Certified Shoreline Date Public Pro'ects less than $125,000 ❑ Public Projects less than $125,000 Declaration ((§8-27.8(c)(2)) Planning Director or designee ❑ Certified Shoreline Required ❑ Certified Shoreline Not Requ Written text addressing the above Date Int not limited to structure addressing the compliance with 7 z�za�s '` 1 . 1 '; . '' ` Part D Shoreline Setback Variance (§8-27.9) This part is the request for a shoreline setback vaziance. 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. ❑ Anon -refundable administrative fee of three hundred dollars (9i3dtF.d9). ❑ 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 Chapter 343, and the environmental impact statement rules and applicable guidelines of the State of Hawai `i; ❑ The names, addresses, and the tax map key idenfificafion of owners of real property situated adjacent to and abutting the boundaries of the land on which the proposed structure or subdivision and/or landscaping is to be located; or operation is to occur (attach information); ❑ A site plan 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 properties 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 condifions 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 the Director 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 §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 maybe. A copy of the unilateral agreement shall be submitted to the Planning Deparhnent 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 and the grantor shall be subject to the penalties set forth in this Article 3. 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 defend, indenmify and hold the County of Kauai harmless from and against any and all loss, ]iability claim, or demand arising out of damages to said stucture and this indemnification shall be included in the unilateral agreement required above. 226I15 PATH vvAY IMPROVEMENTS FOR Unit C Kalpinao Condominium Lot 11, Kilauea Farms EAST WAIAKALUA, HALELEA, KAUA'I, HAWAI'I TMK 5-105:051 PREPARED BY- ILAAM FOR: {d Honua Engineering, WILLIAM PERT BEE ,®� ng� n9, 26-7 FANS UAN GA 1 6ENo P.¢ Box 851 Nonolei NI 96714 (Bae) 8Z6-J256 FAN JUAN GAPISTR.4N0, GA 926-3 �_ VICINITY MAP � PROJECT LOCATION MAP g _ i'F , "" iW sANA a ZE, _"�-IN � e a —Not CA NO N,AZZA OZZIE A AL NAZI. Ar AIL \A o I �q r. e 1� Oh ZEAOA b¢t �; AN. AANEN, ANNELAAA F•_x. _. . POLL -._.>- ONANION 5 1 0 ISLAND OF KAUA`I SCALE IN MILES INI7�X TO DR,4WINC5 SHT. NO. DESCRIPTION T-I TITLE SHE=T E LOCATION K45 G-I LON5TPllGTION NOTES c-2 IMPROVEMENT PLAN 6 DETAILS FAO. LT lY�: 54,3 C4,.,, 2�I5 NOTES FOR GENERAL CONSTRUCTION ALL CONSTRUCTION WORK IS TO BE CONSTRUCTED IN ACCORDANCE WNH THE PUBLICATIONS "HI STANDARD SPECINCATONS FOR ROAD AND BRIDGE CONSTRUCTION 2005' AND US AMENDMENTS AND 'STANDARD DETAILS FOR PUBLIC WORKS CONSTECHOM SEPT., 199,, AS AMENDIT BY THE DEAL OF PUBUC WORKS, CITY & COUNTY OF HONOLULU AND THE COUNTIES OF KAUA'I, MAU'I, & NAWA'I. THE STANDARD DETAILS ARE AVAILABLE AT THE COUNTY OF KAUM CLERK'S OFFICE. NO GRADING BETWEEN ] P.M. TO Z A.M. ON ANY GIVEN DAY OR ON SATURDAYS, SUNDAYS AND HONDAYS WITHOUT WRITTEN PERMISSION FROM THE COUNTY ENGINEER AND THE STATE DEPARTMENT OF HEALTH. CONTRACTOR TO NOTIFY PUBUC WORKS DEPARTMENT FAR (5) BUSINESS DAYS PRIOR TO COMMENCING ANY GRADING WORK WHEN COMPLETED AND READY FOR FINAL INSPECTION; NOTIFY PUBLIC WORKS DEPARTMENT INSPECTION SECTION. CONSTRUCTION PLANS ARE VAUD FOR A PERIOD OF ONE YEAR FROM THE DATE OF APPROVAL; IF CONSTRUCTION DOES NOT COMMENCE WITHIN THIS ONE-YEAR TIME FROM THE DATE OF APPROVAL THE CONSTRUCTION PLANS SHALL BE RESUBMITTED TO ALL RENEWING AND APPROVING AGENCIES FOR REVIEW, APPROVAL, AND HUMIDIFICATION OF THE PUR. ALL GRADING, GRUBBING AND SPOCKPIIJNG WORK SHALL BE PERFORMED IN ACCORDANCE WITH COUNTY OF KAUAT ORDINANCE NO. 008. AFTER EACH RAINFALL EVENT, THE CONTRACTOR SHALL REMOVE ALL SILT AND DEBRIS RESULTING FROM HIS WORK AND DEPOSITED IN DRAINAGE FACILITIES, ROADWAYS AND OTHER AREAS. THE COST INCURRED FOR ANY NECEUs REMEDIAL ACTION BY SHE COUNTY ENGINEER SHALL BE PAYABLE BY THE CONTRACTOR DURING CLEANING OPERATIONS, THE CONTRACTOR SHALL SUPPLY A WATER TRUCK FOR DUST CONTROL PURPOSES UNTIL VEGETATION HAS RE-ESTABLISHED ITSELF. EXCESS WATER, INCLUDING SILT AND DIRT SHALL NOT BE ALLOWED TO RUN-OFF THE PROPERTY. BEST MANAGEMENT PRACTICES TEMP'S) SHALL BE EMPLOYED AT ALL TIMES TO THE MAXIMUM EXTENT PRACTICABLE TO PREVENT DAMAGE BY SEDIMENTATION, EROSION OR DUST TO STREAMS, WATERCOURSES NATURAL AREAS AND THE PROPERTY OF OTHERS. SURVEYS SFIALL BE DONE UNDER THE SUPERVISION OF A LAND SURVEYOR LICENSED IN IF SYSTEM CONDEONS REDVIRE NON -EMERGENCY NIGHT THE WORK DURING THE AUTUMN SEABIRD FALL SEASON N THEM:00 15 THROUGH M. IF jG 15), USE E WORK AREA SHALL BE RESTRICTED BETWEEN THE 9:00 HIGHER i0 4:AL AM. IF LLDED (OF THE WORK AREA IS REQUIRED IN SUCH AND DIRE ALL LIGHTS SHALL BE SHIELDED (MINIMUM LIGHT SPILL TOWARDS THE SKY) AND DIRECTED DOWNWARDS i0 THE MAXIMUM EXTENT PRACTICABLE. MINIMUM �c`LRIVEIS �WALIGHUNG BY HIOSH AND OSHA SHALL BE PROVIDED AND ASSURED BY THE CONTRACTOR. THE CONTRACTOR SHALL TRAIN ALL EMPLOYEES WORKING AT NIGHT (RECORDS RETAINED BY THE CONTRACTORI ON HOW TO HANDLE ANY RETRIEVED DOWNED IRDS AND SHALL HAVE APPROPRIATE ED IPMENT AS APPROVED BY SAVE OUR SHEARWATERS (SOS) ON SIZE TO HOLD AND TRANSPORT ANY RETRIEVED BIROS TO AN SOS FACILITY. THIS REQUIREMENT DOE5 NOT ALLOW JGHHNG AS MAY BE RESTRICTED DO OTHER GOVERNMENT AGENCIES. PRIOR TO STARTING ANY EXCAVATION ACTNTHES, THE CONTRACTOR SHALL CONTACT THE HAWAI'I ONE CALL CENTER AT 1-066-423-]2B]. TEMPORARY DUST CONTROL MEASURES THE HATERS AI PROJECT 511E SEAT IS1) DARD7 OF VEGETATION ND OF BE KEPT DAMP WITH SITE SHALL LL BE 5 SLY FOR SEVENSS) DAYS A YHK AT THE END AEACH DAY, THE SITE SHALL BELL REMAIN DAMPEED WITH MASER ON A CONTRA BA515 `O THAT THE SITE WILL REMAIN MOISTENED DURING THE NIGHT. THE CONTRACTOR STALL LOIWLT HIS G°B2ATOH5 50 THAT EXCAVATION, EMBANpgBNT, AND IMPORTED MATERIAL SHALL BE DAMPENED WITH W41ER ON A CONTINUAL BA515 tO PREVENT DUST PROEMS. IN APFLYN6 FORA 6RADI45 P�-TIT, THE UJNTRAGTOR SHN.L SUBMIT PLA15, SGIEd.LES AND/OR H+RIITBN MFA`URES NNIGN PROVIDER FOR RUST CONTROL THE RUST CONTROL PREVENT LSHALL CONTAIN POSITIVE ITS ALL BE WHICH UNLECRE ACTIONS OR FORK THAT PREVENT DLTH PROBLEMS, A. NODEFINITEALLL13ISSUED L BE THE COUNTY 15 ASSURED THAT DUST AND EROSION PROBLEMS WILL BE MINIMIZED. TEMPORARY ER05ION CONTROL MEA5URE5 TEMPORARY VE5ETATIVE COVER 5NALL BE PLANTED WITHIN A PERIOD OF 30 CALENDAR DAYS AFTER THE 515E HAS BEEN 6RADp OR BARBS OF VEGETATION OR IF THE 511E WILL BE SUSPENDED FOR MORE THAN SO CALENDAR DAYS. TEMPORARY VEGETATIVE COVER SiNI_ CONSIST OF 40 CBS, COMMON RY<GRASS SEED PER ACRE, 400 CBS. PER ACRE IO-10.10 OR ENIVALEM FERTILIZER HORNED INTO THE SB9 BED BEf�E PLANTING. TEMPORARY SPPJNKLB2 SYSttN IS TO BE INSTALLED CONFOR M TO E H ALL P STANDARD PLANING A1ND M OR ROAD OF BRASS STALL CONFORM TO THE 005mI STANDARD AMENDMENTS. FOR ROAD AND BRIDGE CONSTRIKTION RODS' AND Its AMENDMENTS. PERMANENT EROSION CONTROL MEA5URE5 THE CONTRACTOR SHALL GRASS THE ENTIRE PROJECT 50E, EXCEPT PAVED AREAS WITH BERMUDA BRASS 5'RICL THE GRASS SHALL GET PLANTED, FERTILIZED, AND MAINTAI� N AGCORDAR E WITH THE MAJAII STANDARD 5PEDFLATION5 RDR ROAD AND BRIDGE CONSTRUCTION, 2005' AND ITS AMENEMENT5. THE CONTRACTOR SHALL GRACE ALL EXPO SEED AREAS THAT HAVE BEEN LONSTRL'LTEF TO FINAL SPADES WITHIN A PERIOD OF AD CALENDAR DAYS. IN LIEU OF BRASS SPRI66 (NOTE I), FUR CONTRACTOR MAY LSE HYOROMULGH ALL SEEDIN65 AND IRRIGATION SPRINKLER SYSTEM. WATER POLLUTION AND EROSION CONTROL NOTES GETERAL A. THE CONTRACTOR 15 REMINDED OF THE REOVIRMMINi5 OF SECTION 209-WATER POLLUTION AND ER05ION CONTROL, IN THE "HAWAII STANDARD 5PECIFICATION5 FOR ROAD AND BRIDGE CONSTRUCTION, 20053 AND ITS AMENDMENT5. SECTION 209 DEECRBE5 SAY 15 NOT LIMITED TO: `SUBMITTAL RECJUIRBMENTS; `SCHEDULING OF A WATER POLLUTION AND EROSION CONTROL CONFERENCE WITH THE COUNTY; GON5TRUGTION REYNUIREMENTS; METHOD OF MEASUREMENT, AND 5A515 OF PAYMENT. NO WORK SHALL COMMENCE WITHOUT A SHE PLAN APPROVED BY THE DEPARRENT OF HEALTH. B. THE CONTRACTOR SHALL FOLLOW THE 6UID INE5 IN THE'INTERM BEST MANA6EMEtR PRALTCES MANUAL FOR CONSTRUCTION SITES FOR COUNTY OF KADA'I' IN DEV$OPIN5, IN5TA11N6 AND MAINTAINING THE BEST MANAGEMENT PRALTIGE5 (BMP5) FOR THE PROJECT, THE CONTRACTOR MAY SUBMIT ALT15N'ATE METHODS TO THE CLNNTY FOR ACCEPTANCE. G. THE CONTRACTOR SHALL KEEP A COPY OF THE APPROVED BMP PLAN, NOT, ETC. ON THE PROJECT SITE. THE 5MP PLAN SHALL BE UPDATED TO RESPECT ANY CHANGES MADE DURING THE COURSE OF GON5TFJICTION FOR THE DURATION OF THE PROJECT. D. THE ENGINEER MAY A55E55 LIGUIDATED PAMASE5 OF UP TO S21$00 FOR NONCOMPLIANCE OF EACH OFF REGUIR'MENT AND EACH R:GUIREMENT STATED IN SECTION 20%FOR EVERY DAY OF NON-COMPLIANCE THERE 15 NO MAXIMUM LIMIT ON THE AMOUNT A55F55ED PER DAY. E THE ENGINEER MAY DEDUCT THE C05T FROM THE PRCGRE55 PAYMENT FOR ALL CITATIONS RECEIVED BY THE DEPARTMENT FOR NON COMPLIANCE, OR THE CONTRACTOR SHALL REIMBURSE THE STATE, AND/OR COUNTY FOR THE NULL AMOUNT OF THE GUT5TANDIN6 COST INCURRED BY THE STATE 2. WA5TE 015P05AL: A. WASTE MATERIALS: ALL WA5TE MATERIALS EHALL BE COLLECTED AND 5TORED IN A SECURELY LIPPED METAL DUMPSTER THAT DOE5 NOT LEAK. THE OUMFSTER SHALL MEET ALL LOCAL AND STATE `SOLID WASTE MANAGEMENT RE6ULATION5. ALL TRASH AND CON5TRUCTION DEBRE FROM THE FITE SHALL BE DEPOSITED IN THE PUMP5T32 THE DJMP"TER SHALL BE EMPTIED A MINIMUM OF TWICE PER LEEK OR AS OPEN AS 15 DEEMED NECESSARY. NO LOtSTRUCTION HASTE MATERIALS 5HALL 6E BURIED COSINE. THE CONTRACTOR5 5UPERV150RY PERSONNEL 5HALL BE INSTRUCTED REGARDING THE CORRECT PROCEDURE FOR WA5TE D15POSAL. NOTICES 5TATIN6 THESE! PRACTICES SHALL BE P05TED IN THE OFFICE TRAILER AND THE CONTRACTOR 5HALL BE RESPONSIBLE FOR SEEING THAT THESE PROCEDURES ARE FOLLOWED. B. HAZARDOUS HASTE: ALL HAZARDOUS WASTE MATERIALS SHALL BE DISPOSED OF IN THE MANNER SPECIFIED BY LOCAL OR STATE REGULATION OR BY THE MANUFACTURER. THE CONTRACTORS 51TE PERSONNEL SHALL BE INSTRUCTED IN THESE PRAGTIGE5 AND SHALL BE RESPONSIBLE FOR SEEING THAT THESE PRACTICES ARE FOLLOWED. C. SANITARY WASTE ALL SANITARY WASTE SHALL BE COLLECTED FROM THE PORTABLE UNITS A MINIMUM OF ONCE PER LEEK, OR AS REGUIRED. 3. EROSION AND SEDIMENT CONTROL INSPECTION AND MAINTENANCE PRACTICES: A. ALL CONTROL MA5URE5 SHALL BE INSPECTED AT LEAST ONCE EACH LEEK AND WITHIN 24 HOURS FOLLOWING ANY RAINFALL EVENT OF 05 INGHE5 OR GREATER B. ALL MEASURES SHALL BE MAINTAINED IN GOOD WORKINI5 ORDER IF REPAIR 15 NEGE55ARY, IT SHALL BE INITIATED WITHIN 24 HOUR5 AFTER THE INSPECTION C. WILT UP SEDIMENT SHALL BE REMOVED FROM SILT FENCE N&HEN IT HAS REACHED ONE-THIRD THE HEIGHT OF THE FENCE. D. SILT SCREEN OR FENCE SHALL RE INSPECTED FOR DEPTH OF SEDIMENT, TEARS, TO VERIFY THAT THE FABRIC 15 SECURELY ATTACHED TO THE PENCE P05T5 OR CONCRETE SLAB AND TO VERIFY THAT THE FENCE POSTE ARE FIRMLY IN THE AROUND. E TEMPORARY AND PERMANENT SEEDING AND PLANTING 5HALL BE INSPECTED FOR RARE SPOT5, WASH OUTS AND HEALTHY GROWM, F THE CONTRACTOR 5HALL 5UBMIT TO THE COUNTY A MAINTENANCE INSPECTION REPORT PROMPTLY AFTER EACH WEEKLY INSPECTION. 6. THE CONTRACTOR SHALL SELECT A MINI" OF TWO FER`ANNEL WHO SHALL BE RESPOM ABLE FOR INSPECTIONS, MAINTENANCE AND REPAIR ACTIVITIF5 AND FILLING OUT THE INSPECTION AND MAINTENANCE REPORT H. PERSONNEL SELECTED FOR THE INSPECTION AND MAINTENANCE RESPONSIBILITIES SHALL RECEIVE TRAININ6 FROM THE CONTRACTOR THEY SHALL BE TRAINED IN ALL THE IN5PEGTON AND MAINTENANCE PRACTICES NECESSARY FOR KEEPING THE EROSION AND SEDIMENT CONTROLS USED ONSITE IN GOOD HORKIN5 ORDER. I. ALL 5LOPE5 AND EXPOSED AREAS SHALL BE GRASSED AS FINAL 6RADF5 HAVE BEEN ESTABLISHED, GRADING TO FINAL GRADE SHALL BE COMINUGUS, AND ANY AREA IN WHICH WORK HIA5 BEEN INTERRUPTED OR DELAYED OR EXPOSED FOR MORE THAN IS DAYS SHALL BE ORA55M IN ORDER TO PREVENT DUST, EMISSION AND SILT RUNOFF. AREAS WITH IMPORTED 5DIL5 SHALL BE GRASSED NOT MORE THAN 5 HORYJNG DAYS AFTER FINAL GRADES HAVE BEEN E5TABLISHED. J. TEMPORARY EROSION CONTROLS SHALL NOT BE REMOVED BEFORE PERMANENT ERLRION GONSROL5 ARE IN -PLACE AND ESTABLISHED. 4. GOOD HOUSEKEEPING BEST MANAGEMENT PRACTGES MATERIALS POLLUTION PREVENTION PLAN: A APPLICABLE MATERIALS OR 9155TANCE5 LISTED BELOW ARE EXPECTED TO BE PRESENT ONSITE DURING GON57RUCTION. OTHER MATERIALS AND 5U35TANCE5 NOT LISTED BELOW SHALL BE ADDED TO ME INVENTORY OF THE CONSTRUCTION CONTRACTOR'S BITE SPECIFIC BMP PLAN. CONCRETE FERTILIZERS DETERGENTS PETROLEM BASED PRODUCTS PAINTS (ENAMEL AND LATEX) GLEANING SOLVENTS METAL 5ND5 MOOD TAR MASONRY BLOCK B. MATERIAL MANAGEMENT PRACTICES SHALL BE USED TO REDUCE THE RISK OF SPILLS OR OTHER ALCIDETNTAL EXPOSURE OF MATERIALS AND 5U85TANGE5 TO STORM WATER RUNOFF. AN REPORT SHALL BE MADE TO STORE ONLY ENOUGH PROG.CTS A5 15 REGL IR® TO DO THE JOB, G. ALL MATERIALS 5TORED ONSITE SHALL BE 5TORED IN A NEAT, ORDERLY MANNER IN THEIR APPROPRIATE CONTAINERS AND IF P0551BLE UNDER A ROOF OR OMER ENGIDSJRE. D. PRODUCTS SHALL BE KEPT IN THEIR ORIGINAL GONTAINER5 WITH THE OR16NAL MAId1FAGTURER5 LABEL. E. EUBSTANGE5 SHALL NOT BE MIXED WITH ONE ANOTHER UNLESS RECOMMENDES BY THE MANUFACTURER F. A PRODUCT SHALL BE ROD UP COMPLETELY BEFORE DISPOSING OF THE CONTAINER. G. MANIFALNRERS RECOM UNPATION5 FOR PROPS USE AND PISP05AL SHALL BE FOLLOITED. H..THE GONTRALTOR SHALL CONDUCT A DAILY IN5PESTION TO ENSURE PROPER BOB AND DISF05AL OF MATERIALS ON51TE 5. NAZAROCY MATERIAL' POL WITON PREVENTION FLAN: A PRODUCTS SHALL EB KEPT IN ORIGINAL CONTAINtRS MLFSS THEY ARE NOT RESEALAHLE, B. OM61NAL LABELS AND MATERIAL SAFETY DATA SFB£TS MI SHALL BE RETAINED AND MADE AVAILABLE TO THE C ANTY ENGINEER UPON REGUEEF. C. 51RPLU5 PRODUCTS SHALL BE DISPOSED OF ACCORDING TO MANUFACTURERS INSTRL IOIY OR LOCAL AND STATE RECOMMENDED RE6UTATIONS. 6. ONE AND OF51TE PRODUCT5 5PEGIFIC PLANKS: A. T}IE FOLLOWING PRODUCT SPECIFIC FRACTICE5 SHALL BE FOLLO{ ED ON51To ETROLEfM BASED PRODUCTS: ALL ON51TE VEHVCJE3 SHALL BE MONITORED FOR LEAKS AND RECEIVE RE5ULAR PREVENTIVE MAINTENANCE TO REDUCE THE CHANGE OF LEAKAGE PETROLEUM PRODUCTS SI1A-L ERE 5TORED IN TSHTLY 5EALED CONTAINERS WHICH ARE CLEARLY LABELED. ANY ASPHALT 5UB5TANLES USED ONSITE SHALL BE APPLIED ACCORDING TO THE MANUFACTURERS RECOMMENDATION. B. FERTILIZERS: APPLY FERTILIZER5 USED ONLY IN THE MINIMUM AMOUNTS RECOMMENDED BY THE MANUFACTURER ONCE APPLIED, WORK FERTILIZER INTO THE SOIL TO LIMIT EAEOSURE TO STORM WATER. 5TORAGE SHALL BE IN A COVERED SEED. TR NMSER THE CONTFNT5 OF ANY PARTIALLY USED BA65 OF FERTILIZER TO A SEALABLE PLASTIC BIN TO AVOID SPILLS. C. PAINTS: SEW- AND STORE ALL CONTAINERS WHEN NOT REGUIRED FOR USE. DO NOT DISCHARGE EXCE55 PAINT TO THE ROADWAY DRAINAGE SYSTEM. DISPOSE PROPERLY ACCORDING TO MANUFACTURERS INSTRUCTION OR STATE AND LOCAL RESJLATION5. D. CONCRETE TRU GO5: WASH OUT OR DISCHARGE CONCRETE TRUCK DRUM WASH WATER ONLY AT A DE516HATED SITE. DO NOT DISCHARGE WATER IN THE ROADWAY DRAINAGE SYSTEM OR WATERS OF THE UNITED STATES. CONTACT DRINKING HATER BRANCH, DEPARTMENT OF HEALTH AT (805) 586-4258 TO RECEIVE PERMISSION TO DE516NATE A DI5PO6AL SLATE GLEAN DISPOSAL SITE A5. REWIRED OR A5 REPRESENTED BY THE OWNERS REFRE5EiNTATIVE. ENVIRONMENTAL FROTEOTION NOTES AGGORDAN'E WITH CHAPTER II-60. I, AIR POLINION CONTROL, TITLE II, HAWAI'l ADMINISTRATIVE RULES, THE CONTRACTOR SHALL BE RESPONSIBLE FOR E IN9 THAT EFFEG IVE CONTROL MFA51RF5 ARE PROVIDES) TO MINIMIZE OR PREVENT ANY VISIBLE DJ5T EMISSIONS CAUSED BY THE CONSTRICTION W RK FROM IMPACTIN5 THE SURRLl1NDNO AREAS INGWDIN6 THE OFF-51TE ROADWAY5 USED TO ENTESMEXIT THE PROJECT. THESE MEASURE5 INCLUDE BJT ARE NOT LIMITED TO THE USE OF WATER WAGONS, SPRINKLER SYSTEMS, OU5T FENLE5, EPEE. 2. IN ACCORDANCE WITH GRAFTER 11-55, HATER POLLUTION CONTROL AND CHAPTER II-54, WATER (MALITY 5TANDARDS, TITLE II, HAWAIU ALT41NI5TRATIVE RULES, THE CONTRACTOR SHALL Be RESPONSIBLE FOR ENSURING THAT THE BEST MANA&ENEM1T PRACTICE (BAP) TO MINIMIZE OR PREVENT THE DISCHARGE OF SEDIMENTS, D®R15, AND OTHER WATER POLLUTANT INTO STATE WATER5 15 PROVIDED AT ALL TIMES. B. IN ACCORDANCE WITH CHAPTER 11-584 SOLID HA5TE MANAGE�EM CONTROL, TITLE II, HAWAI'I ADMINISTRATIVE RULES, THE CONTRACTOR SHALL BE RESPONSIBLE FOR ENSURING THAT GRUB MATERIAL, DEMOLITION HASTE, AND CON5TRIICTION WASTE GENERATED BY THE PROJECT ARE DISPOSED OF IN A MANNER OR AT A SITE APPROVED BY THE STATE DEPARTMENT OF HEALTH, DISPOSAL OF ANY OF THESE HA51T5 BY BJRNIN6 15 PROHIBITED. 4. lTE CONIRPLTCR SHALL BE RE5PONSIBLE FOR OBTAINING AND PAYING FOR ALL APPLICABLE PERMITS FROM ME DA��mARTMFJNT OF HEALTH, INCLUDING BUT NOT LIMITED TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (TJPDES), NOTICE OF INTENT AND GENERAL PERMIT FOR STORM HATER, HYDRG5TATIL TEST, AND DEHATERIN6 pISGHAR6E5 PRIOR TO COMMENCING CONSTRUCTION. NPOES PERMIT SHALL BE REQUIRED PRIOR TO GRADING OR 6RU8BIFIG WORK OVER AN AREA OF ONE ACRE OR MORE. 5. SOFTER EACH RAINFALL EVENT, THE CONTRACTOR S IMMEDIATELY RH IOVE ALL 51LT AND OEBRI5 REELI FROM H15 WORK AND DEP051TED IN DRAINA6E FACILITIES, ROADWAYS, AND OTHER AREAS. THE LOST INCURRED FOR ANY REMEDIAL ACTION BY THE COUNTY ENGINEER SHALL BE PAYABLE BY THE CONTRACTOR. 6. BEST MANAGEMENT FRA6TICE5 (BMP'S) SHALL BE EMPLOYED AT ALL TIME5 TO THE MAXIMUM EXTENT PRALTIL MOLE TO PREVENT DAMAGE BY SEDIMENTATION, FR051ON oR MST TO STREAM5, WATERCOURSES, NATURAL AREA5 AND THE FIFTY OF OTHERS. T. THE CONTRACTOR 5HALL OBTAIN AND COMPLY WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SY5TBM AFDES) PERMIT REGUIRENI FOR ALL PRDJECT5 FLOP WILL D15TURH ONE N ACRE OR MORE OF LAND. THE CONTRACTOR SHALL NOT START CONSTRUCTION IN1TL NOTICE OF 6EERAL PERMIT COVERAGE MOPG) 15 RECEIVED FROM THE DEPARTMENT OF HEALTH, STATE OF HAWA'I AND HAS EA 75FIED ANY OTHER APPLICABLE RCYJJIREMENT5 OF THE TIMES PERMIT PROGRAM. e. IN ACCORDANCE WITH CHAPTER 11-ab, COMMUNITY NOISE, MAWAI11 ADMINI5TRATIVE RULES, THE CONTRACTOR AND THE PROPERTY OWNERNEVELOPER SHALL BE RE5PON510LE FOR PROVIDING EFFECTIVE CONTROL MEASURES TO MINIMIZE OR PREVENT CONSTRUCTION RELATED NOISE FROM IMPACTING THE RESIDENTS IN THE IMMEDIATE AREA. IF REQUIRED, NOISE REDUCTION MEA5URE5 SHALL BE IMPLEMENTED BY THE CONTRACTOR DURING THE GONSTRIIGTION WORK. 9. A COPY OF THE PI-AN51 CONSTRUCTION SCHEDULE AND/OR WRITTEN MEASURES THAT I5 RECURRED TO BE SUBMITTED BY THE CONTRACTOR (DUST CONTROL MEA5UREWPLANS) SHOULD AL50 ERE SENT TO THE DEPARTMENT OF HEALTH FOR MONITORING PURPOSES. D,THE PROPERTY MAY HARBOR RODENT5 WHICH WILL BE DISFTS D TO THE 5URROUM)IN6 AREA HHEN THE 51M 15 CLEARED. IN ACCORDANCE WITH CHAPTER II-26, ENTITLED VECTOR CONTROL OF TITLE II, HAR, THE APPLICANT SHALL PSERTAIN THE PRESENCE OR ABSENCE OF RODBNT5 ON THE PROPERTY. SHOULD THE PRESENCE OF 7, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MPDE51 RC4JIREMENfSRODENTS BE DETERMINED, THE APPLICANT SHALL ERADICATE THE RODENTS PRIOR TO CLEARING THE SITE. A TFE LONTR4GTOR SHALL APPLY FOR, OBTAIN, AND COMPLY WITH THE NATIONAL POLLUTANT DIECHARDE ELIMINATION 6Y51SMINPDE) REOUIREMENTS FOR KAVA'1 DISTRICT HISTORICAL PRE5ERVATION NOTES PERMIT PR0JEGT5. THIS 15 AVAILABLE AT THE RVA11 P15TPJGT OFFICE AT 5040 SHOULD H15TOR6 REMAINS SUCH A5 ARTIFALT5, BURIALS, CONGENTRATION5 OF SHELL Nil STREET, SUITE 205. DUE TO POTENTIAL COST AND IMPACTS, THE CONTRACTOR OR CHARCOAL HE ENCOUNTERED WRING GONSTRLOTION ACTIVITIES, WORK SHALL CEASE BOB TO BE AWARE OF THESE REGUIREMENTE. IMMEDIATELY IN THE IMMEDIATE VICINITY OF THE FIND AND THE FIND SHALL BE PROTECTED FROM 8. T}iE CONTRACTOR SHALL GOMPL TS AND SUBMIT A GONRACTOR5 CERTIFICATION OF FURTITER DAMAGE. THE CONTRACTOR SHALL CORDON OFF THE AREA AND IMMEDIATELY NOTIFY THE ES; COMPLIANCE, INCLUDING COMPLETION OF THE BEST MANAGEMENT PRACTICE PLANNING CAPT. AT (80b) 241-4050, AND THE STATE HISTORIC PRESERVATION DIV151ON AT TEMP) GHECKLIST AND 5JBMITTAL OF A WRITTEN 51 PLAN AND DRAWIN65, PRIOR (bOb) b92-NO15, WEIGH WILL ASSESS THE 5T6NIFIGANCE OF THE FIND AND RECOMMEND TO 1`55UANGE OF THE PERMIT TO PERFORM WORK UPON COUNTY ROADWAY5. THE {WPf20PRATE MIT16ATION MFA`OZE5, IF NECESSARY. IN ADDITION, IF HUMAN BURIALS ARE FOUND, THE G. THE CONTRACTOR SHALL OBTAIN AND COMPLY WITH NATIONAL POLLUTION CO CTOR SHALL IMMEDIATELY CONTACT THE LQUNiY OF KAl1A'I POLICE DEPARTMENT. DISCHARGE ELIMINATION SYSTEM APICES) PERMIT REGUIREMENTS FOR ALL PROJECTS WHICH WILL DISTURB ONE (U ACRE OR MORE OF LAND. THEE CONTRACTOR SHALL NOT START GON5TRUGITION UNTIL NOTICE OF GENERAL PERMIT COVERAGE A6PG) IS RECEIVED FROM THE DEPARTMENT OF HEALTH, STATE OF HAWAII AND HAS SATISFIED ANY OTHER APPLICABLE REQUIREMENTS OF THE NPDE5 PERMIT PROGRAM. 0. SPILL CONTROL NOTES A P05T A SPILL PREVENTION PLAN TO INCLUDE MFAS,IRES TO PREVENT AND GLEAN UP EACH SPILLWAY. B' THE CONTRACTOR SHALL L. THE SPILL PREVENTION AND CLEANUP COORDINATOR, WHO SHALL ENTIONA N AT LEAST THREE SITE PERSONNEL WHO SHALL RECEIVE SPILL PREVENTION AND CLEANUP TRAINING. THOSE INDIVIDUALS SHALL EACH . P05T RESPONSIBLE F FORA PARTICULAR PHASE OF PREVENTION AND CLEANUP. POST THE NAMES IN RESPONSIBLE SPILL PE1250NNEL IN THE MATERIAL STORAGE AREA AND IN THE OFFICE TRAILER ONSITE. CONTINUOUSLY AND NOT BE LIMIT® TO NORMAL WORKING HOURS, TFIE wNTRAGTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND ENGINEER HARMLE55 FROM AND ALL LIABILITY, REAL OR ALLEGED, IN GONNCMOTION WITH THE PfHRFORMANGE OF WORK ON THIS PROJECT EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NE6LI6ENCE OF THE OWNER OR ENGINEER 2. ALL UNDERGROUND UTILITIES OR 5TRULNRES, REPORTED OR FOUND ON PJBLIC RECORDS, ARE INDICATED WITH THEIR APPROXIMATE LOCATION AND EXTENT. THE OWNER, BY ACCEFPIN6 THESE PLANS OR PROCEEDING WITH THE IMPROVEMENTS HEREON, AGREES TO ASSUME LIABILITY AND HOLD THE ENGINEER HIARMLE55 FOR ANY PAMA6u RCSULTIN6 FROM THE EXISTENCE OF UNDERLARWND UTILITIES OR STRUCTURES NOT REPORTED OR INDICATED ON PUBLIC RECORDS, OR THOSE CONSTRUCTED AT VARIANCE WITH REPORTED OR RECORDED LOCATIONS. THE CONTRACTOR 15 REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES To PROTECT THE UTILITIES OR STRUCTURES SHOWN AND ANY OTHERS FOUND AT THE SITE. IT SHALL BE THE CONTRACTORS RE5PON51BILITY TO NOTIFY THE OWNER OF ALL UTILITIE5 OR STRUCTRE5 CONCERNED BEFORE 5TARTN5 WORK, G. CLEARLY POST MANUFACTURER'S RELOM-ENDED METHODS FOR SPILL CLEANUP. 3.THE EN611NER PREPARING THESE PLANS WILL NOT BE RESPOMLIBLE OR LIABLE FOR UNAUTHORIZED GHANbTS TO OR USES OF MAKE SITE PERSONMIFJ_ ARE AWARE OF THE PROLEWRES AND THE LOCATION THESE PLANS. OF INFORMATION ARID GLEF,NIIP SUPPLIES. D. KEEP MATERIALS AND EQUIPMENT NELE55ARY FOR SPILL CLEANUP IN THE MATERIAL STORAGE AREA ONSITE. E. GLEAN UP ALL SPILL IMMEDIATELY AFTER DISCOVERY. F. KEEP THE SPILL AREA WELL VENTILATED. PERSONNEL SHALL WEAR APPROPRIATE PROTEGTIVE CLOTHING TO PREVENT INJURY FROM CONTACT WITH A HAZARDOUS SUBSTANGE. 6. REPORT 5fFLL5 OF TOXIC HAZARDOU5 MATERIAL TO THE APPROPRIATE STAB OR LOCAL GOVERNMENT AGENCY, REGARDLESS OF THE SIZE. L z STA. O+I BEGIN PATH ' RE—GRfJ E OF EXISTING PATH ' SEE rrP.sE lol STA. +00 BASELI FOR I � ��� \ I I� p II I N'I��pp � ill�lt I�G� / �1. STA. I+80 BEGIN GRASS LINED SWALE SEE DETAIL LEGEND / \ �E%IBTIN6 aOFITOUR PROPOSED LONTOUR /. \ � SRFALE FLOW DIRELTIDN \�'a ESTIMATED EARTHWORK -'volumes by Triangulation (Prisms) I m Istfng Surface: Z:\GAD\-5499\5473\E�(IST.tIn f��al Surface: Z:\GAD\-5499\S4T3\PROPOSED.Hn Gut volume: 36 G.Y. 1 Pill v lame: 24 G.Y. TOTAL GRADED AREA = O.5 ACRES ��1 END SWALE \ NI I. ;I II'(ll � DAYLIGHT TO I .,I II;I,. EXIST. ROCKERY �o I I I i� II I I I i I I I� Illl y,/e L II I 1 I �,�,'f�I� ¢ mm6� Elemenk � SRADINS LIMN DTI I I 1=, Ilgd dnN- ll�:-.- II g i l 'I Ill I-'J I I I /�� TEMP. SILT FENCE II '' III III I I' I I I I I I IIII _.II I i 5E� DETAIL IIII`I IIII I III III I :.IIIIII ���'� I_ \ I I I 1 II III I IIII 18�11�I�I�'(Il � \ \ `t III : I 1 I I IN!II I III II I'; , / �"' � �e� � I� I I 1; I, I I � I Y u t, � r`� ',, II I I I •I I ,'.�i I I I' I I 11�11 I I .,,1.1 � .. ��\ I�� � I � I �I' u:, ,� v.A,A�� ����� I; I I IIII I I III 'III III II � pal I III I III III I III 'I�I I I I II 1 11� I� 11( � 11 1 I`tl � a IIIiII'ill I II I IIII: I' -� �IIIII I -Mil I II�'� I II I /, � is ,l �lj�ll�l�l II II ' / III � III I 10 .I - �sll I END SWALE DAYLIGHT TO EXIST. ROCKERY f t \` I� I �' �' 9� n STA. 2+T5 BEGIN GRASS . III � LINED SYJALE EE DETAIL TEMP. SILT FENCE \ SEE DETAIL /�� �C \ \ �� � i / / / / / / / / 4� / / € / / / / se / / / / / -il _- AID II , - nl�x�inm say neare PTOP VIEW ���µ�� - �� sEciloN B ORO55 GELTION oNA��r -,n� JOINING TWO ADJACENT SILT FENCE SECTIONS TEMPORARY SILT FENCE G-2 N.T.S. LINED GRASS Sl1fALE G-2 N.LS. INSTALL NORTH AMERILAN� GREEN L125 BN EROSION CONTROL BLANKET E 6^. SS EX. UNPAVED PAINWAY TD BE RE -GRADED \\ 4.00' MIN. 4DD' MIN. Ex. cUr SLOPE VEGETATE SOIL AREA W/ NATIVE GROUND COVER _�� LINED 6845E SWhLE WHERE SHOWN ON PLAN TYPICAL PATkWAY SECTION G-2 N.T.S. � AN vlEw x� �` N Min GYIVAELCGI'.ia MAP 3.O LUY. 2F:J PlNJ11NC �Sl l'ER xnDI�Y GN'z VI%Ce✓'>0 fl llf �. DCi01T p'F'YJV CIi GP✓6�MA1, [tnCIN( ULRS_ N>T11 � OF] CL f NPrP n(A..MG �) / 25, GI'.Rlv9!LPI: �INIE'kn GWf)E / JJ ON 0 r�tieree _ , asx. I anrrx: —II � ��COMPKiEU DA-Pl/CK .�� � rrca am s^:5 A ccn i�crD;wUr.+r� fxEzrne�aa:,nrA SECnGN A -A PPG�GENuECM1 ALc3.iu7E tifJ.E IN FAT