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HomeMy WebLinkAboutDecember 8, 2020 FINALApplication for Amendment to  Special Management Area Use Permit SMA (U)‐88‐1 and  Class IV Zoning Permit Z‐IV‐88‐10 Grand Hyatt Kaua‘i Resort  & Spa September 2020 Applicant    Agent Wilson Okamoto Corporation 1907 South Beretania Street, Suite 400 Honolulu, Hawaii 96826 Kawailoa Development, LLP Application for Amendment to Special Management Area Use Permit SMA (U)-88-1 and Class IV Zoning Permit Z-IV-88-10 GRAND HYATT KAUA‘I RESORT & SPA 1571 Poʻipū Road Kōloa, HI 96756 Tax Map Key: (4) 2-9-001:002 Prepared For: Kawailoa Development, LLP P.O. Box 369 Koloa, HI 96756 Prepared By: Wilson Okamoto Corporation 1907 South Beretania Street, Suite 400 Honolulu, Hawaiʻi 96826 SEPTEMBER 2020       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment    i       CONTENTS Standard Zoning Permit Application Special Management Area Permit Assessment for Amendment to SMA (U) -88-1 Attachment to Application for Amendment to Class IV Zoning Permit Z-IV-88-10 Exhibit A: Landowner Documentation Exhibit B: Letter of Authorization Exhibit C: Supporting Figures Exhibit D: Shoreline Setback Determination Exhibit E: Preliminary Design Drawings Exhibit F: Cost Estimate SPECIAL MANAGEMENT AREA PERMIT ASSESSMENT Amendment to SMA (U)-88-1 COUNTY OF KAUAI DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT I. Part A APPLICANT INFORMATION Applicant: Address: Phone: Applicant’s Status: (Check one) X Owner of the Property (Holder of at least 75% of the equitable and legal title) 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 Contact Person: Address: Phone: Email: PROJECT INFORMATION (attach additional sheets if necessary) Site Address: Tax Map Key: Lot Area: State Land Use District: County Zoning: General Plan Designation: Nature of Development: * NOTE: An Environmental Assessment in accordance with HRS Chapter 343 is required for actions requiring a Shoreline Setback Variance (SSV). Please contact the Planning Department for further information. Valuation of Development: $ 1.5 million (Estimate Attached) Date of Application: September 21, 2020 Kawailoa Development, LLP P.O. Box 369 Kōloa, HI 96756   808-742-6300 Rebecca Candilasa* 808-946-2277 rcandilasa@wilsonokamoto.com *Authorized Agent (Letter of Authorization is attached)   1907 S. Beretania Street, Suite 400 Honolulu, HI 96826 1571 Poʻipū Road Kōloa HI 96756 Urban   Resort  Renovation of a portion of the existing Grand Hyatt Kauaʻi Resort & Spa that will add two (2) new hotel guest rooms by enclosing an existing outdoor terrace of the Poʻipū Guestroom Wing of the hotel.   (4) 2-9-001:002 39.725 acres Resort (RR-10)         Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   2       II. Part B 1. A written description of the proposed project, location and a statement of reasons/justification for project. Project Location Grand Hyatt Kauaʻi Resort & Spa (GHK) is a 605-room hotel with related amenities located within Poʻipū to the south of Kōloa on the south shore of the island of Kauaʻi (see Exhibit C, Figure 1). GHK is generally bounded by Poʻipū Road to the north, Poʻipū Bay Golf Course and undeveloped land to the east, Shipwreck Beach and Keoneloa Bay to the south, and single- family residences to the west. The entire resort area encompasses approximately 45 acres of land although existing structures and ancillary facilities are predominantly situated on a single parcel, accounting for approximately 39 acres of land identified as Tax Map Key (TMK) parcel (4) 2-9-001:002. The adjacent TMK parcel (4) 2-9-001:003 makes up the remaining 6 acres and is used as a parking lot. The GHK development consists of six (6) buildings, some of which are connected, identified as Buildings E (the hotel main lobby area), F (the hotel ballroom area), B (the western wing with hotel rooms), C (the eastern wing with hotel rooms), the Health Spa, and the Tennis Shop. The subject proposed project improvements are confined and centralized to an approximate 2,022 square foot (0.05-acre) area (project site) within the existing Building B, also referred to as the Poʻipū Guestroom Wing, of the main hotel structure. Project Description The project applicant, Kawailoa Development, LLP (hereafter referred to as the “Applicant”) proposes to renovate a portion of the existing GHK hotel by enclosing an existing outdoor terrace to add two (2) new hotel guest rooms to the Poʻipū Guestroom Wing. This one-story addition would sit on the third level of the 4-story building and would fall within the overall massing of the existing structure. Each hotel guest room would be approximately 1,011 square feet in size with 145 square feet of new lanai for a total construction area of 2,167 square feet. The new guest rooms will be accessed from an existing corridor and will have views to the ocean. All exterior finishes are proposed to be consistent with the finishes of the surrounding buildings. Preliminary design drawings of the proposed project are attached hereto as Exhibit E. By incorporating the proposed improvements into the existing hotel structure, the Applicant can expand the range and quality of resort amenities at GHK while minimizing the impacts of development in the SMA and preserving the coastline for the enjoyment of the guests and community at large. Construction of the proposed project will both directly and indirectly benefit the economy through the creation of construction and construction support jobs in the short term. In the long-term, the proposed project improvements will allow GHK to remain competitive in the hospitality and tourism industry. Permits and Approvals Pursuant to Chapter 205A, Hawaiʻi Revised Statutes (HRS), the County of Kauaʻi (County) has been given the authority to establish and manage development in the Special Management Area (SMA) on Kauaʻi. The County administers SMA permits for proposed developments in the SMA pursuant to the Special Management Area Rules and Regulations of the County of Kauaʻi (as amended October 2011).       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   3       The entire project area is located within the County’s SMA (see Exhibit C, Figure 2). Proposed project improvements involve the “construction, reconstruction, demolition, or alteration of the size of any structure” and therefore constitute “development.” The total cost of the proposed development is estimated at $1.5 million (See Exhibit F). Consequently, the proposed project is subject to SMA permit requirements and will require approval of a SMA Use Permit by the County of Kauaʻi Planning Commission. GHK was originally constructed and developed pursuant to Special Management Area Use Permit SMA (U)-88-1, Shoreline Setback Variance SSV-88-2, and Class IV Zoning Permit Z-IV- 88-10, issued in October 1987. The foregoing permits allowed the construction of a 605-room hotel with related amenities. To date, all 605 of the permitted hotel rooms and amenities have been constructed. Over the years, GHK has undergone several improvements including repairs, renovations, and some additions to maintain the hotel and enhance the amenities available at GHK. With this application, an amendment to the 1988 SMA Use Permit and 1988 Class IV Zoning Permit is being requested to allow for renovation of a portion of the existing hotel that will add two (2) new hotel rooms within the footprint of the existing hotel structure and increase the total allowable units from 605 units to 607 units. An attachment to the application for the amendment to the Class IV Zoning Permit is attached hereto. It should be noted that a condition was imposed in Special Management Area Use Permit SMA(U)-2008-3 and Class IV Zoning Permit Z-IV-2008-1 issued to the Applicant on October 10, 2007. The condition stated the following: “4. Prior to building permit application, applicant shall provide… …b. Permit application for use of TMK 2-9-1:7 for employee overflow parking purposes..." In order to satisfy this permit condition, the Applicant submitted an application to authorize parking on another nearby parcel identified as TMK (4) 2-8-022:004. On June 24, 2008, the Planning Commission approved Use Permit U-2008-14, Class IV Zoning Permit Z-IV-2008-16 and a State Special Permit SP-2008-5 to allow the Applicant to construct a parking lot on TMK 2-8-022:004. Subsequent to this approval, the Applicant closed the temporary parking lot on TMK 2-8-022:004 due to dust and noise concerns. Also, the license for TMK 2-8-022:004 was not renewed. The Applicant is applying for the current permits to satisfy condition No. 4 as set forth above through a separate application currently under review by the Planning Department. 2. If property abuts a shoreline, a certified shoreline survey conducted by a registered land surveyor within 6 months of an application shall be submitted, when required by the Planning Agency. TMK 2-9-001:002 is a shoreline lot fronting Keoneloa Bay and Shipwreck Beach. The project site is within the footprint of the existing hotel structure, which does not abut the natural shoreline. All proposed improvements would be set back approximately 445 feet from the shoreline, and outside of the shoreline area. Furthermore, the County of Kauaʻi Department of Public Works (DPW) determined by letter dated December 4, 2019 that the proposed improvements are not considered to be “substantial” improvements, meaning the total cost of improvements over the past 10 years do not exceed 50% of the market value. Pursuant to §8- 27.3 the Kauaʻi County Code, 1987 as amended, the Planning Department certified on       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   4       December 16, 2019 that the proposed project is exempt from shoreline setback determination requirements established under §8-27.8. See Exhibit D. 3. A plot plan of the property, drawn to scale, with all proposed and existing structures and other pertinent information. Also, preliminary building sketch plans are to be submitted. Preliminary design drawings of the proposed project are attached hereto as Exhibit E. 4. Any other plans or information requirements by the Director. The Applicant and its authorized agent will coordinate with the Planning Department regarding any other plans or information that may be required by the Director for review of this permit application. Information required for an amendment to the Class IV Zoning permit has been attached hereto. Project Assessment: a. Description of the area and environment involved including flora and fauna, and other features; Climate The climate in the project area is characterized as semi-tropical with two seasons: wet and dry. During May through September, it is generally warm and relatively dry, with predominantly northeast trade winds. October through April is associated with lower temperatures and higher rainfall, and less prevalent trade winds. Long term data collected at the Līhuʻe Airport indicated that the northeast wind direction prevails throughout the year with a mean annual wind speed of 20 miles per hour. The average daytime maximum temperature ranges from about 78 degrees in the winter to 85 degrees in the summer. Average annual rainfall is about 43 inches. Geology & Topography The island’s land mass was formed by two major volcanic series identified as the Waimea Canyon Volcanic Series and the Koloa Volcanic Series. The Waimea series refers to the flows that formed the original volcanic shield and caldera of the island. The Koloa series refers to subsequent flows that overlaid much of the Waimea series formations on the lower slopes of the island. The project site overlies flows from the Koloa series. The subject property is entirely developed and was mass graded with construction of the hotel and its ancillary facilities. Therefore, topography in the project area is generally flat with gradual changes in elevation ranging from high points at the existing hotel down to lower points closer to the shoreline. Proposed improvements will involve construction of two (2) new hotel guest rooms that will enclose an existing outdoor terrace on the third floor of the Poʻipū Guestroom Wing. No changes in topography are proposed. All proposed improvements would be set back approximately 445 feet from the shoreline, and outside of the shoreline area. Soils According to the U.S. Department of Agriculture, Natural Resources Conservation Services Web Soil Survey, soils underlying the project site are classified as Waikomo stony silty clay (Ws). The Waikomo series consists of shallow, well drained stony soils that formed in       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   5       material weathered from basic igneous rock. These soils have moderate permeability and are primarily found in areas used for sugarcane and pasture. The project improvements will be constructed on the third floor of an existing structure and will not require any land disturbing activities. Surface Water There are currently no natural surface water resources, such as streams, rivers, lakes, wetlands, reservoirs, and creeks in the vicinity of the project site. There are several manmade lagoons, pools and water features on the property; however, these features do not serve as habitat for any state or federally listed threatened or endangered species. Coastal Waters Coastal waters in the vicinity offshore of the project site include Keoneloa Bay and the Pacific Ocean. These waters are classified as Class A waters by the State Department of Health (DOH). The objective of this class is that “their use for recreational purposes and aesthetic enjoyment be protected. These waters shall not act as receiving waters for any discharge which has not received the best degree of treatment on control compatible with the criteria established for this class” (Water Quality Standards, Title 11, Chapter 54, Hawaii Administrative Rules). Impacts to nearby waters will be avoided or minimized through compliance with County and State Water Quality Standards and through implementation of site-specific BMPs, as applicable. No new structures or improvements are proposed within the shoreline area, or seaward of it. Drainage Existing drainage systems currently accommodate runoff at the project site. No increases in runoff are anticipated to result from either the construction or operation of the proposed project improvements as it involves a previously developed area with impervious surfaces. Flood Hazard According to the Flood Insurance Rate Map prepared by FEMA, the project site is designated as Zone ‘X’, defined as areas determined to be outside the 0.2% annual chance floodplain. See Exhibit C, Figure 3. Flora The subject property is entirely developed. Vegetation on the subject property includes a variety of plants and trees that were installed and have been maintained as part of the GHK development’s landscaping. The project improvements will be constructed on the third floor of an existing structure and will not require any significant landscaping improvements. No habitats of state or federally listed, threatened or endangered species will be affected by construction and operation of the proposed project. Fauna The subject property is entirely developed and does not serve as a habitat for any state or federally listed, threatened or endangered species. However, seabirds, such as the endangered Hawaiian petrel (Pterodroma sandwichensis), band-rumped storm-petrel (Oceanodroma castro), and the threatened Newell’s shearwater (Puffinus auricularis newelli) may transit the project area flying upland to breeding colonies. To minimize any potential harm to seabirds that may transit the project site, the Applicant has utilized and will continue to utilize downward facing lighting to the maximum extent possible to avoid attracting these birds; and/or to reduce any possible attractive lighting to the extent       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   6       reasonably possible during the critical two-week period before and after the new moon each October. No significant impacts on fauna within the project site are anticipated from either the construction or operation of the proposed project. Noise Ambient noise in the vicinity of the project site is predominantly attributed to hotel operations. Temporary increases in noise levels associated with construction related activity for the proposed project will not adversely impact nearby uses due to the distance from nearby uses and the relatively self-contained nature of GHK. All equipment used during construction will be properly muffled, housed and maintained. Any potential impacts on noise receptors in the area will be mitigated with the implementation of BMPs and by complying with the applicable provisions of State DOH Administrative Rules, Title 11, Chapter 46, “Community Noise Control.” Air Quality Air quality within the project site is generally considered to be good due to sparse development surrounding the subject property and the absence of point-source pollutant generators in the vicinity. Temporary increases in fugitive dust are anticipated to have negligible impacts on air quality in the project vicinity as the emissions would be relatively small and readily dissipated. Any potential air quality impacts will be mitigated by implementing BMPs to control fugitive dust and by complying with the applicable provisions of State DOH Administrative Rules, Tile 11, Chapter 60 “Air Pollution Control.” Archaeological/Historic Resources The land upon which GHK sits is in the ʻili of Hihinui in the ahupuaʻa of Pāʻā. It lies between the area of Māhāʻulepū on the east and Weli Weli on the west. The seafront is dominated by a crescent bay known as Keoneloa which was once home to many salt ponds. It is also noted for the extensive petroglyph field that can be seen after southwesterly storms scour the beach. There have been only four recorded sightings: 1848, 1887, 1897, and 1916. In 1916, archaeologist John Stokes, removed one of the petroglyphs from the sandstone bed and brought it to the Bishop Museum. On October 26, 2001, the petroglyph man known as Ke Kane Kiʻi Pōhaku was returned and can now be seen on display in GHKʻs main hotel lobby. Past archaeological studies have found numerous habitation sites, walls, terraces, and possible ceremonial platforms in the area. Due to the changes on the land over the last 200 years since contact with the West, only a few examples of prehistoric manmade structures and artifacts remain. Most experts who have studied the land of Pāʻā argues that this was not an area of large settlement or habitation, but perhaps brief habitations and later small settlements. In addition to the numerous artifacts and archaeological sites that were discovered on this ahupuaʻa, stories of its cultural significance were also recorded. On the headland between Pāʻā and Weliweli stood a large heiau named Kaneaukai. It is believed to have been dedicated to the crab god, Kihai where offerings were left to ensure a bountiful catch. Other stories speak of a great battle that took place here between the chief of Kauaʻi and Hawaiʻi Island sometime during the 1400s. All artifacts and archaeological sites found on this property were properly recorded and documented by highly respected archaeologists prior to the construction of the resort and       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   7       can be found in the Rosendahl Archaeological studies. Given the existing use and nature of the improvements of the construction site, no cultural impact will be made to the area.   The subject property is entirely developed and is comprised of existing buildings, a parking lot, and amenities. The project improvements will be constructed on the third floor of an existing structure and will not require any land disturbing activities. The project site is not currently used for any Native Hawaiian subsistence, cultural or religious purposes. Visual Resources The proposed project will involve construction of a one-story addition that would sit on the third level of a 4-story building. These improvements would fall well within the overall massing of the existing structure and will not have any adverse effects on visual resources. Utilities The proposed project will use the existing water service provided by the County of Kauaʻi Department of Water Supply, electric service from Kauaʻi Island Utility Cooperative, and telephone service from Hawaiian Telcom. Existing power and water facilities are presently adequate to meet the demand for such additional services that may be generated by the addition of two (2) new hotel guest rooms. Wastewater Treatment and Disposal/Solid Waste Wastewater generated by the subject property is processed at the private wastewater treatment plant located on-site. Solid waste is currently and will continue to be collected by private contractors. Additional wastewater flows and solid waste that may be generated by the construction of two (2) new hotel guest rooms is not anticipated to place significant demand on the existing system and facilities and will have no significant impact on future capacity. Public Services and Facilities Fire services are provided by the County of Kauaʻi Fire Department. The closest fire station is located approximately two miles from the subject property in Poʻipū. Police services are available in Poʻipū Kai, approximately one mile from the subject property. Construction of the proposed project will not affect emergency response times and is not anticipated to significantly increase the need for existing fire and police services. The closest schools to the project site are Kōloa Elementary School, Kauaʻi Intermediate School, and Kauaʻi High School. The proposed development is not expected to induce population growth that would affect student enrollment at public schools in the area. Traffic & Parking The major road which services and provides access to the subject property is Poʻipū Road. The proposed project is unlikely to generate traffic that would significantly impact traffic conditions in the area. Per the Kauaʻi County Code (Sec. 8-5.3[b][2]), “Only one (1) parking space must be provided for each three (3) hotel rooms.” The addition of two new hotel rooms would bring the total room count at GHK to 607 rooms for a corresponding 203 parking spaces required. GHK currently operates with a parking count of 481 spaces for primary guest use and 249 spaces for employee use for a total of 730 spaces, well in excess of the minimum       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   8       YES NO   parking spaces required and sufficient under the Kauaʻi County Code. Notwithstanding that the parking spaces are sufficient under the Code, it is recognized that parking demands exceed the number of parking stalls available on the hotel property, especially when special events are scheduled within the Resort’s ballrooms. As a result, employees, and sometimes even guests of the hotel park along the shoulder of Poʻipū Road. In earlier permits granted by the Planning Commission, the Commission determined that the Applicant needed to secure the necessary permits to use a portion of TMK 2-9-001:007 (Poʻipū Bay Golf Course) for employee and overflow parking. Simultaneous with the processing of this application, the Planning Department is reviewing a separate application for approval of the necessary permits for the employee and overflow parking lot. The parking lot would accommodate approximately 90 cars and would be located on a 1.3 acre portion of TMK 2-9-001:007, which is also owned by the Applicant. As part of that application, the Applicant also proposes to develop a papaya orchard, a coconut tree farm, and an organic beehive operation on TMK (4) 2-9-001:008 and 009 for use by GHK, thereby increasing the amount of agricultural activities on the adjacent Agricultural-zoned parcels owned by the Applicant. Given that parking currently provided at GHK is sufficient under the Kauaʻi County Code, and the Applicant is in the process of addressing parking requirements conditioned by earlier permits that would also serve to address community concerns related to parking, no additional parking spaces are anticipated to be required for this project. b. Description of the existing land uses of the project site and surrounding areas; The existing land use of the subject property is resort development which consists of buildings and structures associated with the 605-room hotel, a parking lot, and amenities. The southern portion of the subject property is bounded by the beach and shoreline. The western boundary of the subject property is adjacent to the Lanai Villas Makai and Lanai Villas II subdivisions; however, between the end of the improvements on the western side of the subject property and these two (2) residential developments, there is a “greenbelt” area within which no buildings are allowed. The northern boundary of the subject property runs along Poʻipū Road (a County road), and the eastern boundary abuts the Poʻipū Bay Golf Course. c. Description of how the proposed project will affect the area involved and surrounding areas. Specifically the assessment should evaluate if the proposal: i. Involves an irrevocable commitment to loss or destruction of any natural or cultural resources, including but not limited to, historic sites, Special Treatment Districts as established by the County of Kauai Comprehensive Zoning ordinance, view planes or scenic corridors as outlined in the Community Development Plans, and recreation areas and resources; Discussion: The project will not involve an irrevocable commitment to loss or destruction of any natural or cultural resources. The proposed project involves renovation of a portion of an existing hotel and all project improvements would be within the footprint of existing development where there are no natural or cultural resources present. Surrounding natural and cultural resources would also not       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   9       YES NO   YES NO   YES NO   be affected due to the small scale of the project, which is confined within the existing hotel structure. The proposed project is consistent with the current use of the site and would not result in significant demand on existing resources. No impacts on historic sites, view planes or historic corridors, or recreation areas and resources are anticipated. The subject property is entirely developed and does not serve as a habitat for any state or federally listed, threatened or endangered species. To minimize any potential harm to seabirds that may transit the project site, the Applicant has utilized and will continue to utilize downward facing lighting to the maximum extent possible to avoid attracting these birds; and/or to reduce any possible attractive lighting to the extent reasonably possible during the critical two-week period before and after the new moon each October. No impacts on threatened or endangered species are anticipated from either the construction or operation of the proposed project. ii. Curtails the range of beneficial uses of the environment; Discussion: Beneficial use of the project site and environment is not curtailed since the proposed improvements are for renovation of a portion of an existing hotel, which is an approved use of the site consistent with State and County land use plans, policies, and controls. In the long-term, the improvements would also allow for continuation of the current use of the site. iii. Conflicts with the County’s or the State’s long-term environmental policies or goals; Discussion: No conflicts with the County’s or the State’s long-term environmental policies or goals are anticipated as no major changes to the current condition or use of the project site are proposed. Further, it should be underscored that although impacts due to short- term construction activities are anticipated, mitigation measures to avoid or minimize those impacts will be implemented at all times. iv. Curtails the range of beneficial uses of the environment; (duplicated as shown on SMA Permit Assessment application) Discussion: Beneficial use of the project site and environment is not curtailed since the proposed improvements are for renovation of a portion of an existing hotel, which is an approved use of the site consistent with State and County land use plans, policies, and controls. In the long-term, the improvements would also allow for continuation of the current use of the site.       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   10       YES NO   YES NO   YES NO   v. Substantially affects the economic or social welfare and activities of the community, County or State; Discussion: By incorporating the proposed improvements into the existing hotel structure, the Applicant can expand the range and quality of resort amenities at GHK while minimizing the impacts of development in the SMA and preserving the coastline for the enjoyment of the guests and community at large. Construction of the proposed project will both directly and indirectly benefit the economy through the creation of construction and construction support jobs in the short term. In the long-term, the proposed project improvements will allow GHK to remain competitive in the hospitality and tourism industry. The project is not anticipated to affect any recreational facilities and public access to the beach will continue to be provided. vi. In itself has no significant adverse effect but cumulatively has considerable effect upon the environment or involves a commitment for larger actions; Discussion: There have been several repairs, renovations and additions to GHK since it was first constructed in 1991. Most recently, the Applicant has proposed to construct a new parking lot on a portion of the Poʻipū Bay Golf Course that would accommodate employee and overflow parking and satisfy conditions set by the Planning Commission for earlier permit approvals. The permit application for the proposed parking lot is currently under review by the Planning Department. Construction of the parking lot is not anticipated to have any significant effect on the environment and will be reviewed for compliance with County rules and regulations under a separate permit application. Otherwise, no other major improvements to GHK are being contemplated at this time. Therefore, the project is not anticipated to have a considerable cumulative effect upon the environment, nor will it involve a commitment for larger actions. The proposed project is consistent with the current use of the site and would not place significant demand on existing resources. Upon completion of the project, two (2) new hotel guest rooms will be added to the hotel, which is minimal in relation to the overall capacity of the hotel and can be accommodated by the existing facilities and utility systems on-site. vii. Substantially affect a rare threatened, or endangered species of animal or plant, or its habitat; Discussion: The subject property is entirely developed and does not serve as a habitat for any state or federally listed, threatened or endangered species. Vegetation on the subject property includes a variety of plants and trees that were installed and have been maintained as part of the GHK development’s landscaping. The project improvements will be constructed on the third floor of an       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   11       YES NO   existing structure and will not require any significant landscaping improvements. No rare, threatened, or endangered species of animal are known to frequent the developed areas of the subject property. It is possible that seabirds, such as the endangered Hawaiian petrel (Pterodroma sandwichensis), band-rumped storm-petrel (Oceanodroma castro), and the threatened Newell’s shearwater (Puffinus auricularis newelli) may transit the project area flying upland to breeding colonies. To minimize any potential harm to seabirds that may transit the project site, the Applicant has utilized and will continue to utilize downward facing lighting to the maximum extent possible to avoid attracting these birds; and/or to reduce any possible attractive lighting to the extent reasonably possible during the critical two-week period before and after the new moon each October. No significant impacts on flora or fauna within the project site are anticipated from either the construction or operation of the proposed project. viii. Detrimentally affects air or water quality or ambient noise levels; or Discussion: During the construction phase of the proposed project, temporary increases in fugitive dust and noise from construction will be unavoidable. Any potential impacts to air quality or to noise receptors on-site, such as hotel guests, will be minimized with the implementation of BMPs. All equipment used during construction will be properly muffled, housed and maintained. The project will also be required to comply with the State DOH Administrative Rules, Title 11, Chapter 60, “Air Pollution Control” and Title 11, Chapter 46, “Community Noise Control.” Any discharges related to project construction and operation activities will comply with applicable water quality standards as specified in State DOH Administrative Rules, Title 11, Chapter 54, “Water Quality Standards” and Title 11, Chapter 55, “Water Pollution Control.” No water quality impacts are anticipated to result from either the construction or operation of the proposed project. No significant long-term impacts on air or water quality and ambient noise levels in the project vicinity are anticipated to result from either the construction or operation of the proposed project. Upon completion of the project, two (2) new hotel guest rooms will be added to the hotel, which is minimal in relation to the overall capacity of the hotel and can be accommodated by the existing facilities and utility systems on-site.       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   12       YES NO   YES NO   YES NO   ix. Affects an environmentally sensitive area, such as flood plain, shoreline, tsunami zone, erosion-prone area, geologically hazardous land, estuary, fresh water or coastal water; Discussion: The project improvements will be constructed on the third floor of an existing structure and will not adversely affect environmentally sensitive areas. According to the FIRM prepared by the FEMA, the project site is designated Zone X, defined as areas determined to be outside the 0.2% annual chance floodplain. The project site is also outside of the tsunami evacuation zone. It is also set back approximately 445 feet from the shoreline and would not affect nor be affected by natural shoreline processes. There are no surface water features such as streams, rivers, lakes, wetlands, reservoirs, and creeks at the project site. x. May have a major effect on the quality of the environment or affect the economic or social welfare of the area; and Discussion: The proposed project involves renovation of a portion of an existing hotel and all project improvements would be within the footprint of existing development where there would be no significant impacts on the quality of the environment. By incorporating the proposed improvements into the existing hotel structure, the Applicant can expand the range and quality of resort amenities at GHK while minimizing the impacts of development in the SMA and preserving the coastline for the enjoyment of the guests and community at large. Construction of the proposed project will both directly and indirectly benefit the economy through the creation of construction and construction support jobs in the short term. In the long-term, the proposed project improvements will allow GHK to remain competitive in the hospitality and tourism industry. The project is not anticipated to affect any recreational facilities and public access to the beach will continue to be provided. xi. Would possibly be contrary to the policies and guidelines of the Rules and Regulations, the County’s General Plan, Development Plans, and Zoning and Subdivision Ordinances. Discussion: The proposed project involves renovation of a portion of an existing hotel, which is an approved use of the site consistent with previous approvals and State and County land use plans, policies, and controls. In the long-term, the improvements would also allow for continuation of the current use of the site.       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   13       YES NO   YES NO   YES NO   YES NO   d. Evaluation of the proposed development relative to the objective and policies as contained in Chapter 205A, HRS; and Section 3.0 of the Special Management Area (SMA) Rules and Regulations: (complete following questionnaire) RECREATIONAL Objective RESOURCES: Provide coastal recreation opportunities accessible to the public. 1. Will the proposed development adversely affect coastal resources uniquely suited for recreational activities that cannot be provided in other areas? Discussion: The project site is set back approximately 445 feet from the shoreline, and outside of the shoreline area. It would not affect nor be affected by natural shoreline processes. Coastal recreational opportunities and public access would continue to be available at Shipwreck Beach and would not be affected by construction and operation of the proposed project. 2. Will the project require replacement of coastal resources having significant recreational value, including but not limited to surfing sites, sandy beaches and fishing areas, when such resources will be unavoidably damaged by the proposed development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable? Discussion: Coastal recreational areas will not be adversely affected by the proposed project. No new structures are proposed within the shoreline area, or seaward of it. Coastal recreational opportunities and public access would continue to be available at Shipwreck Beach and would not be affected by construction and operation of the proposed project. 3. Is the project site near a State or County park? Discussion: The adjacent park parcel identified as TMK 2-9-001:004 is owned by the County and provides parking and public access to the shoreline. The proposed project will not affect any existing park facilities and public recreational opportunities. 4. Will the proposed development affect an existing public access to or along the shoreline? Discussion: The project improvements will be constructed on the third floor of an existing structure and will not affect public access to or along the shoreline.       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   14       YES NO   YES NO   YES NO   YES NO   YES NO   5. Will the proposed development provide public access to and/or along the shoreline? Discussion: The proposed project involves renovation of a portion of an existing hotel. Public access to and along the shoreline will continue to be provided through existing easements and would not be affected by construction and operation of the proposed project. 6. Will the proposed development encourage expanded recreational use of County, State, or federally owned or controlled shoreline lands and waters having recreational value? Discussion: The proposed project involves renovation of a portion of an existing hotel. Recreational use of County, State, or federally owned or controlled shoreline lands and waters by the community would not be affected by the construction and operation of the proposed project. 7. Will the development generate point or non-point sources of pollution that will affect recreation value of coastal area? Discussion: The project improvements will be constructed on the third floor of an existing structure and will not require any land disturbing activities. No new impervious surfaces are proposed that would increase runoff at the project site. No new point or non-point sources of pollution will be generated by construction and operation of the proposed project that would adversely impact the recreation value of the coastal area. HISTORICAL Objective RESOURCES: Protect, preserve, and where desirable, restore those natural and man- made historic and pre-historic resources in the Special Management Area that are significant in Hawaiian and American history and culture. 1. Is the project site within a Federal, State and/or County designated historical/cultural district? Discussion: The project site is not located within a Federal, State and/or County designated historical/cultural district. 2. Is the project site listed on or nominated to the Hawaiʻi or National Register of Historic Places? Discussion: The project site is not listed on or nominated to the Hawaiʻi or National Register of Historic Places.       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   15       YES NO   YES NO   YES NO   YES NO   3. Does the project site include land(s) which have not been previously surveyed by an archaeologist? Discussion: Archaeological studies have been completed for the project site. All artifacts and archaeological sites found on the subject property were properly recorded and documented by highly respected archaeologists prior to the construction of the resort and can be found in the Rosendahl Archaeological studies. The project improvements will be constructed on the third floor of an existing structure and will not require any land disturbing activities. No historic or cultural resources will be affected by the construction and operation of the proposed project. 4. If an archaeological survey has been conducted for the project site, has the survey been submitted to the State Historic Preservation Office for review and recommendations? Discussion: There have been no new archaeological surveys conducted for the site that have been submitted to the State Historic Preservation Office as project improvements will be constructed on the third floor of an existing structure and will not involve any land disturbing activities. No historic or cultural resources will be affected by the construction and operation of the proposed project. 5. Has any site survey revealed any information on historic or archaeological resources? (Please provide a copy or reference of survey) Discussion: Past archaeological studies have found numerous habitation sites, walls, terraces, and possible ceremonial platforms in the area. Due to the changes on the land over the last 200 years since contact with the West, only a few examples of prehistoric manmade structures and artifacts remain. Most experts who have studied the land of Pāʻā argues that this was not an area of large settlement or habitation, but perhaps brief habitations and later small settlements. All artifacts and archaeological sites found on this property were properly recorded and documented by highly respected archaeologists prior to the construction of the resort and can be found in the Rosendahl Archaeological studies. Given the existing use and nature of the improvements of the construction site, no historic or archaeological resources will be affected by the construction and operation of the proposed project. 6. Is the project site within or near a Hawaiian fishpond? Discussion: The improvements will be constructed on the third floor of an existing structure. The project site is surrounding by other       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   16       YES NO   YES NO   YES NO   buildings and structures associated with the GHK development. There are no Hawaiian fishponds within or near the project site. 7. Is the project located within or near a historic settlement area? (Cemeteries, burials, heiaus, etc.) Discussion: Most experts who have studied the land of Pāʻā argues that this was not an area of large settlement or habitation, but perhaps brief habitations and later small settlements. On the headland between Pāʻā and Weliweli stood a large heiau named Kaneaukai. It is believed to have been dedicated to the crab god, Kihai where offerings were left to ensure a bountiful catch. The improvements will be constructed on the third floor of an existing structure. The project site is surrounding by other buildings and structures associated with the GHK development. There are no historic settlement areas near the project site that would be affected by the construction and operation of the proposed project. 1. Does the project site abut or affect a valued scenic resources or landmark within the SMA? Discussion: The project site does not abut or affect a valued scenic resource or landmark within the SMA. The proposed project will involve construction of a one-story addition that would sit on the third level of a 4-story building. These improvements would fall well within the overall massing of the existing structure and will not have any adverse effects on valued scenic resources or landmarks. 2. Does the proposed development affect existing shoreline open space and scenic resources? Discussion: The proposed project involves renovation of a portion of the existing hotel. Project improvements include construction of a one-story addition that would sit on the third level of a 4-story building. These improvements would fall well within the overall massing of the existing structure and will not have any adverse effects on existing shoreline open space and scenic resources. SCENIC & OPEN SPACE ECOSYSTEMS: Objective Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources.       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   17       YES NO   YES NO   YES NO   YES NO   YES NO   3. Does the proposed development involve alteration to natural landforms and existing public views to and along the shoreline? Discussion: The project site is not readily visible from public vantage points and no impacts to public views to and along the shoreline are anticipated. The improvements will be constructed on the third floor of an existing structure. No alteration of the existing landforms is to result from either the construction or operation of the proposed project; all existing buildings and grades are expected to remain. Project improvements would fall well within the overall massing of the existing structure. 4. Is the project compatible with the visual environment? Discussion: All exterior finishes are proposed to be consistent with the finishes of the surrounding buildings. Project improvements will be similar in visual character to the existing buildings and surroundings thereby minimizing any intrusion on the visual environment. 5. Does the proposed action involve the construction of structures visible between the nearest coastal roadway and the shoreline? Discussion: The project site is set back approximately 445 feet from the shoreline and would fall well within the overall massing of the existing structure. No new structures are proposed within the shoreline area, or seaward of it. 6. Is the project site within the Shoreline Setback Area (20 or 40 feet inland from the shoreline)? Discussion: The project site is set back approximately 445 feet from the shoreline, and outside of the shoreline setback area. COASTAL Objective ECOSYSTEMS: Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems. 1. Is the project site a habitat for endangered species of flora and fauna? Discussion: The subject property is entirely developed and does not serve as a habitat for any state or federally listed, threatened or endangered species. No rare, threatened, or endangered species of animal are known to frequent the developed areas of the subject property.       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   18       YES NO   YES NO   YES NO   It is possible that seabirds, such as the endangered Hawaiian petrel (Pterodroma sandwichensis), band-rumped storm-petrel (Oceanodroma castro), and the threatened Newell’s shearwater (Puffinus auricularis newelli) may transit the project area flying upland to breeding colonies. To minimize any potential harm to seabirds that may transit the project site, the Applicant has utilized and will continue to utilize downward facing lighting to the maximum extent possible to avoid attracting these birds; and/or to reduce any possible attractive lighting to the extent reasonably possible during the critical two-week period before and after the new moon each October. No significant impacts on fauna within the project site are anticipated from either the construction or operation of the proposed project. 2. Will the proposed development adversely affect valuable coastal ecosystems of significant biological or economic importance? Discussion: The project site is set back approximately 445 feet from the shoreline, and outside of the shoreline area. It would not affect nor be affected by natural shoreline processes. 3. Will the proposed involve disruption or degradation of coastal water ecosystems through stream diversions, channelization, and similar land and water uses? Discussion: There are no surface water resources within or near the project site. No increases in runoff are anticipated to result from either the construction or operation of the proposed project as it involves a previously developed area with impervious surfaces. Any discharges related to project construction and operation activities will comply with applicable water quality standards as specified in State DOH Administrative Rules, Title 11, Chapter 54, “Water Quality Standards” and Title 11, Chapter 55, “Water Pollution Control.” No water quality impacts are anticipated to result from either the construction or operation of the proposed project. 4. Will the proposed development include the construction of special waste treatment facilities, such as injection wells, discharge pipes, septic tank systems or cesspools? Discussion: The site was previously developed as a retail/commercial center and the proposed project involves improvements to the lawfully existing and permitted development. No injection wells, cesspools, or septic tank systems will be constructed with the proposed project. The existing sanitary sewer lines serving the project are connected to the municipal sewer system served by the Lihue Wastewater Treatment Plant.       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   19       YES NO   YES NO   YES NO   YES NO   YES NO   YES NO   5. Is there a wetland on the project site? Discussion: There are no wetlands located on the project site. 6. Is the project site situated in or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary? Discussion: The project site is not situated in or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary. ECONOMIC Objective USES: Provide public or private facilities and improvements important to the State’s economy in suitable locations. 1. Does the project involve a harbor or port? Discussion: The proposed project does not involve a harbor or port. 2. Is the proposed development related to or near to an existing major hotel, multi-family, or condominium project? Discussion: The project involves renovation of a portion of the existing Grand Hyatt Kauaʻi Resort & Spa. The proposed project improvements will allow GHK to remain competitive in the hospitality and tourism industry. 3. Does the project site include agricultural lands designated for such use? Discussion: The project site was developed and is used for resort purposes consistent with previous approvals and State and County land use plans, policies, and controls. 4. Does the proposed development relate to commercial fishing or seafood production? Discussion: The proposed project does not relate to commercial fishing or seafood production.       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   20       YES NO   YES NO   YES NO   YES NO   YES NO   COASTAL Objective HAZARDS: Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence. 1. Is the project site within a potential tsunami inundated area as depicted on the National Flood Insurance Rate maps (FIRM)? Discussion: The project site as well as the surrounding hotel buildings are outside of the tsunami evacuation zone. 2. Is the project site within a potential flood inundation area according to a FIRM? Discussion: According to the FIRM prepared by the FEMA, the site is designated Zone ‘X’, defined as areas determined to be outside the 0.2% annual chance floodplain. 3. Does the project comply with the requirements of the Federal Flood Insurance Program? Discussion: The project site is designated Zone ‘X’, defined as areas determined to be outside the 0.2% annual chance floodplain. The proposed project is not anticipated to affect the flood carrying capacity of any surrounding areas and will comply with any requirements of the Federal Flood Insurance Program. 4. Has the project site or nearby shoreline areas experienced shoreline erosion? Discussion: The project site is set back approximately 445 feet from the shoreline and would not affect nor be affected by natural shoreline processes. Neither the project site or nearby shoreline areas has experienced significant shoreline erosion. 5. Have any seawalls/revetments/etc. been constructed or exist in the immediate vicinity? Discussion: There have been no seawalls or revetments constructed, nor is there any existing in the immediate vicinity of the project site. e. Evaluation of the impacts which cannot be avoided and mitigating measures proposed to minimize that impact: Discussion: In the short-term, unavoidable impacts may include temporary increases in noise levels and fugitive dust associated with construction related activities. It is anticipated that temporary increases in noise levels will not significantly impact nearby uses due to the distance from these uses and the relatively self-contained nature of GHK. All equipment       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   21       used during construction will be properly muffled, housed and maintained. Any potential impacts on noise receptors in the area will be mitigated with the implementation of BMPs and by complying with the applicable provisions of State DOH Administrative Rules, Title 11, Chapter 46, “Community Noise Control.” Temporary increases in fugitive dust are anticipated to have negligible impacts on air quality in the project vicinity as the emissions would be relatively small and readily dissipated. Any potential air quality impacts will be mitigated by implementing BMPs to control fugitive dust and by complying with the applicable provisions of State DOH Administrative Rules, Tile 11, Chapter 60 “Air Pollution Control.” In the long-term, construction and operation of the proposed projects will have no significant impacts on air quality and ambient noise levels in the project vicinity. Any increases in overall water demand and wastewater flows associated with the construction and operation of two (2) new hotel guest rooms are not anticipated to be significant and are expected to be within the capacity of the existing infrastructure systems. No other long- term impacts are anticipated to result from either the construction or operation of the proposed project. f. Evaluation of the proposed development relative to Section 4.0 of the SMA Rules and Regulations in accordance with the following aspects: i. Substantial adverse environmental or ecological effects; Discussion: Temporary impacts due to short-term construction are anticipated to result from the construction of the proposed project, but mitigation measures to avoid or minimize those impacts will be implemented at all times. Project improvements will be within the footprint of existing development where no substantial adverse environmental or ecological effects are anticipated. By incorporating the proposed improvements into the existing hotel structure, the Applicant can expand the range and quality of resort amenities at GHK while minimizing the impacts of development in the SMA and preserving the coastline for the enjoyment of the guests and community at large. Construction of the proposed project will both directly and indirectly benefit the economy through the creation of construction and construction support jobs in the short term. In the long-term, the proposed project improvements will allow GHK to remain competitive in the hospitality and tourism industry. ii. Consistency or compliance of the proposed development relative to the goals and objectives of Chapter 205A, HRS; and Section 3.0 of the SMA Rules and Regulations; and Discussion: Proposed improvements are for renovation of a portion of an existing hotel, which is an approved use of the site consistent with State and County land use plans, policies, and controls. Project improvements consist of constructing two (2) new hotel guest rooms that will enclose an existing outdoor terrace on the third floor of Building B. The one-story addition would sit on the third level of the 4-story building within the overall massing of the existing structure. The proposed development will be compatible with and complement existing uses in areas on or around the subject property; will not have substantial, adverse impacts on scenic or       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   22       open space resources within the SMA; and will not increase runoff or otherwise endanger the coastal ecosystem. No adverse effects on historic or cultural resources are anticipated to result from either the construction or operation of the proposed project. Construction of the proposed project will both directly and indirectly benefit the economy through the creation of construction and construction support jobs in the short term. In the long-term, the proposed project improvements will allow GHK to remain competitive in the hospitality and tourism industry. The existing permitted development and the proposed improvements are consistent with the goals and objectives set forth in Chapter 205A, HRS, and Section 3.0 of the SMA Rules and Regulations as more fully described in Section 5(d) above. iii. Consistency or compliance of the proposed development relative to the County General Plan, Development Plan, and Zoning Ordinances. Discussion: Proposed improvements are for renovation of a portion of an existing hotel, which is an approved use of the site consistent with State and County land use plans, policies, and controls. County of Kauaʻi General Plan: The proposed project is consistent with the applicable policies and guidelines of the General Plan and the appropriate uses of the land use designation of Resort. The proposed project involves renovation of a portion of an existing hotel, which provides lodging, commercial and recreational uses that serve the visitor industry. A discussion of the project’s consistency with the applicable policies of the County of Kauaʻi General Plan is provided below. Scenic View Policies: According to the Heritage Resources Map for Kōloa- Poʻipū-Kalāheo, the project site is located near Keoneloa Bay within an area designated Residential, Urban Center, Resort, Transportation, Military. There are heiau sites identified in the undeveloped area located east of the subject property. There are no known resources within or in the immediate vicinity of the project site that would be affected by either the construction or operation of the proposed project improvements. The two (2) new hotel guest rooms would sit within the existing development footprint on the third level of the 4-story building, and would fall within the overall massing of the existing structure. Therefore, existing scenic views to mauka and makai areas as well as existing views along the shoreline would be preserved. Historic and Archaeological Resources Policies: The subject property is entirely developed and is comprised of existing buildings, a parking lot, and amenities. The project improvements will be constructed on the third floor of an existing structure and will not require any land disturbing activities. Therefore, the proposed project will have no effect on historic or archaeological resources. Watersheds, Streams and Water Quality Policies: All project improvements would be within the footprint of existing development where there are no surface water resources present. The project improvements will be constructed on the third floor of an existing structure and will not require any land disturbing activities that would result in erosion or sediment loss. The       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   23       existing drainage systems currently accommodate runoff at the project site and no increases in runoff are anticipated to result from either the construction or operation of the proposed project improvements as it involves a previously developed area with impervious surfaces. Coastal Lands Policies: The proposed project involves renovation of a portion of an existing hotel that is set back approximately 445 feet from the shoreline. Public access to and along the shoreline will continue to be provided through existing easements and would not be affected by construction and operation of the proposed project. Native Hawaiian Rights Policies: The proposed project will no modify or diminish the rights of native Hawaiians and would be in compliance with the laws concerning lands and waters that have been established through the State Constitution, State and Federal laws, and State and Federal court decisions. Visitor Impact on Parks and Natural Resource Areas Policies: The proposed project involves renovation of a portion of an existing hotel on lands planned and zoned for resort use. Public access to and along the shoreline will continue to be provided through existing easements and would not be affected by construction and operation of the proposed project. In the long- term, the improvements would allow for the continuation of the current use of the site. Urban Land Use – Resort Policies: The proposed project involves renovation of a portion of an existing hotel within a designated resort area, which provides lodging, commercial and recreational uses that serve the visitor industry. Wastewater generated by the subject property is processed at the private wastewater treatment plant located on-site. Additional wastewater flows and solid waste that may be generated by the construction of two (2) new hotel guest rooms is not anticipated to place significant demand on the existing system and facilities, and will have no significant impact on future capacity. In the long-term, the improvements would allow for the continuation of the current use of the site. Drainage and Flood Control Policies: The project improvements will be constructed on the third floor of an existing structure outside of any flood hazard zone areas. The existing drainage systems currently accommodate runoff at the project site and no increases in runoff are anticipated to result from either the construction or operation of the proposed project improvements as it involves a previously developed area with impervious surfaces. The project site is set back approximately 445 feet from the shoreline and would not affect nor be affected by natural shoreline processes. Public Facilities and Services Policies: The proposed project will add two (2) new hotel guest rooms. Any increases in overall water demand, wastewater flows, and solid waste generation are anticipated to be negligible and can be accommodated within the capacity of the existing infrastructure systems. No       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   24       additional demand on public services is anticipated to result from either the construction or operation of the proposed project. Parks and Recreation Policies: The adjacent park parcel identified as TMK 2- 9-001:004 is owned by the County and provides parking and public access to the shoreline. The proposed project will not affect any existing park facilities and public recreational opportunities. Public access to and along the shoreline will continue to be provided through existing easements and would not be affected by construction and operation of the proposed project. South Kauaʻi Community Plan: The proposed project is consistent with the applicable policies and guidelines of the South Kauaʻi Community Plan and the appropriate uses of the land use designation of Resort. The project involves improvements to an existing visitor attraction that is consistent with the goals and policies for Sustainable Resorts & Tourism, including establishing Poʻipū as a world-class and world-leading sustainable visitor destination. County of Kauaʻi Comprehensive Zoning Ordinance: The proposed project improvements will be developed in conformance with the development standards established for the Resort (RR-10) District in the County’s CZO. The proposed project will involve construction of a one-story addition that would sit on the third level of a 4-story building. These improvements would fall well within the overall massing of the existing structure and would not change any existing building heights or setbacks. GHK currently operates with a parking count of 481 spaces for primary guest use and 249 spaces for employee use for a total of 730 spaces. The parking provided at GHK is well in excess of the minimum parking spaces required under the Kauaʻi County Code, which requires one (1) parking space for each three (3) hotel rooms (Section 8-5.3 [b][2]). However, it is noted that through a separate action by the Applicant, additional parking would be provided to accommodate employee and overflow parking in compliance with conditions of earlier permits for the property and to address community concerns related to parking. Given that parking currently provided at GHK is sufficient under the Kauaʻi County Code, and the Applicant is in the process of addressing parking requirements conditioned by earlier permits that would also serve to address community concerns related to parking, no additional parking spaces are anticipated to be required for this project. The proposed project would not expand the existing development footprint and the existing lot coverage would remain at 652,852 square feet, which is less than 50% (659,150 square feet) of the maximum land coverage allowed within the Resort (RR-10) District. 9/21/2020 Rebecca Candilasa Date Wilson Okamoto Corporation Authorized Agent CLASS IV ZONING PERMIT ATTACHMENT Amendment to Class IV Zoning Permit Z-IV-88-10       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   25       Attachment to Application for Amendment to Class IV Zoning Permit Z-IV-88-10 Applicant & Property Information Recorded Fee Owner: Kawailoa Development, LLP P.O. Box 369 Kōloa, HI 96756 Phone: (808) 742-6300 Landownership documentation is included in Exhibit A. Applicant: Kawailoa Development, LLP P.O. Box 369 Kōloa, HI 96756 Phone: (808) 742-6300 Agent: Wilson Okamoto Corporation 1907 S Beretania Street, Suite 400 Honolulu, HI 96826 Contact: Rebecca Candilasa, Planner Phone: (808) 946-2277 A Letter of Authorization from Kawailoa Development, LLP is included in Exhibit B. Tax Map Keys: (4) 2-9-001:002 Lot Area: Approximately 39.725 acres Project Area: Approximately 0.05 acres State Land Use District: Urban (30.441 acres); Conservation 9.284 (acres) General Plan Designation: Resort County Zoning: Resort (RR-10) Graphic & Schematic Requirements Supporting figures are attached hereto as Exhibit C. Preliminary design drawings of the proposed project are attached hereto as Exhibit E.       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   26       Written Statement Description of the proposed project and proposed uses, operations and management of the proposed use which includes, but is not limited to, proposed employee housing plan, hours of operation; The project applicant, Kawailoa Development, LLP (hereafter referred to as the “Applicant”) proposes to renovate a portion of the existing GHK hotel by enclosing an existing outdoor terrace to add two (2) new hotel guest rooms in the Poʻipū Guestroom Wing. This one-story addition would sit on the third level of the 4-story building and would fall within the overall massing of the existing structure. Each hotel guest room would be approximately 1,011 square feet in size with 145 square feet of new lanai for a total construction area of 2,167 square feet. The new guest rooms will be accessed from an existing corridor and will have views to the ocean. All exterior finishes are proposed to be consistent with the finishes of the surrounding buildings. Preliminary design drawings of the proposed project are attached hereto as Exhibit E. By incorporating the proposed improvements into the existing hotel structure, the Applicant can expand the range and quality of resort amenities at GHK while minimizing the impacts of development in the SMA and preserving the coastline for the enjoyment of the guests and community at large. Construction of the proposed project will both directly and indirectly benefit the economy through the creation of construction and construction support jobs in the short term. In the long-term, the proposed project improvements will allow GHK to remain competitive in the hospitality and tourism industry. Summary of Permits (i.e. Use Permit, Variance Permit, Special Permit, Class IV Zoning etc.) or Land Use Amendments requested, and the application section of the Kauaʻi County Code or regulation citing the specific standards and criteria for granting of the permit or amendment being requested; GHK was originally constructed and developed pursuant to Special Management Area Use Permit SMA (U)-88-1, Shoreline Setback Variance SSV-88-2, and Class IV Zoning Permit Z-IV- 88-10, issued in October 1987. The foregoing permits allowed the construction of a 605-room hotel with related amenities. To date, all 605 of the permitted hotel rooms and amenities have been constructed. With this application, an amendment to the SMA Use Permit and Class IV Zoning Permit is being requested to allow for renovation of a portion of the existing hotel that will add two (2) new hotel rooms within the footprint of the existing hotel structure and increase the total allowable units from 605 units to 607 units. Over the years, has undergone several improvements including repairs, renovations, and some additions to maintain the hotel and enhance the amenities available at GHK. In 2006, a SMA use permit was approved for various improvements that consisted of:  Four (4) new “hale” structures approximately 47 square feet each and 14 feet high at the existing Health Spa facilities;  A trellis over the existing Ilima Garden area, to provide some cover for its outdoor luau functions;  Communications equipment installed and operated by Cingular Wireless and secured to Building B; and  Modifications or upgrades to the spa facilities including five (5) mini grottoes, five (5) shower areas; two (2) soaking tubs, one (1) clay display, a waterfall feature.       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   27       In a subsequent action, a condition was imposed in Special Management Area Use Permit SMA(U)-2008-3 and Class IV Zoning Permit Z-IV-2008-1 issued to the Applicant on October 10, 2007. The condition stated the following: “4. Prior to building permit application, applicant shall provide… …b. Permit application for use of TMK 2-9-1:7 for employee overflow parking purposes..." In order to satisfy this permit condition, the Applicant submitted an application to authorize parking on another nearby parcel identified as TMK (4) 2-8-022:004. On June 24, 2008, the Planning Commission approved Use Permit U-2008-14, Class IV Zoning Permit Z-IV-2008- 16 and a State Special Permit SP-2008-5 to allow the Applicant to construct a parking lot on TMK 2-8-022:004. Subsequent to this approval, the Applicant closed the temporary parking lot on TMK 2-8-022:004 due to dust and noise concerns. Also, the license for TMK 2-8- 022:004 was not renewed. The Applicant is applying for the current permits to satisfy condition No. 4 as set forth above through a separate application currently under review by the Planning Department. A Class IV Zoning Permit is required for the proposed subject project since the proposed development is on a Resort District property which is large enough to qualify for more than twenty-five (25) dwelling units whether or not the parcel is located in a Constraint District or Special Treatment District, and whether or not a permit or variance permit is required (Section 8-4.6 (4)(A) of the County CZO). The proposed project improvements will be developed in conformance with the development standards established for the Resort (RR-10) District in the County’s CZO. The proposed project will involve construction of a one-story addition that would sit on the third level of a 4- story building. These improvements would fall well within the overall massing of the existing structure and would not change any existing building heights or setbacks. Per the Kauaʻi County Code (Sec. 8-5.3[b][2]), “Only one (1) parking space must be provided for each three (3) hotel rooms.” The addition of two new hotel rooms would bring the total room count at GHK to 607 rooms for a corresponding 203 parking spaces required. GHK currently operates with a parking count of 481 spaces for primary guest use and 249 spaces for employee use for a total of 730 spaces, well in excess of the minimum parking spaces required and sufficient under the Kauaʻi County Code. Notwithstanding that the parking spaces are sufficient under the Code, it is recognized that parking demands exceed the number of parking stalls available on the hotel property, especially when special events are scheduled within the Resort’s ballrooms. As a result, employees, and sometimes even guests of the hotel park along the shoulder of Poʻipū Road. In earlier permits granted by the Planning Commission, the Commission determined that the Applicant needed to secure the necessary permits to use a portion of TMK 2-9-001:007 (Poʻipū Bay Golf Course) for employee and overflow parking. Simultaneous with the processing of this application, the Planning Department is reviewing a separate application for approval of the necessary permits for the employee and overflow parking lot. The parking lot would accommodate approximately 90 cars and would be located on a 1.3 acre portion of TMK 2-9-001:007, which is also owned by the Applicant. As part of that application, the Applicant also proposes to develop a papaya orchard, a coconut       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   28       tree farm, and an organic beehive operation on TMK (4) 2-9-001:008 and 009 for use by GHK, thereby increasing the amount of agricultural activities on the adjacent Agricultural- zoned parcels owned by the Applicant. Given that parking currently provided at GHK is sufficient under the Kauaʻi County Code, and the Applicant is in the process of addressing parking requirements conditioned by earlier permits that would also serve to support the parking needed for the two new hotel guest rooms, no additional parking spaces are anticipated to be required for the project in accordance with Section 8-5.3 (b)(2). The proposed project would not expand the existing development footprint and the existing lot coverage would remain at 652,852 square feet, which is less than 50% (659,150 square feet) of the maximum land coverage allowed within the Resort (RR-10) District. Policies and Objectives of the General Plan; the provisions of the Community Development Plan applicable to the application (including design standards and application requirements); the provisions of the applicable zoning district; and an analysis of the extent to which the application, if granted, conforms to these provisions of the applicable district; and an analysis of the extent to which the application, if granted, conforms to these policies, objectives and provisions; Proposed improvements are for renovation of a portion of an existing hotel, which is an approved use of the site consistent with State and County land use plans, policies, and controls. County of Kauai General Plan: The proposed project is consistent with the applicable policies and guidelines of the General Plan and the appropriate uses of the land use designation of Resort. The proposed project involves renovation of a portion of an existing hotel, which provides lodging, commercial and recreational uses that serve the visitor industry. Refer to Section iii of the SMA Permit Assessment Application form for a more detailed discussion. South Kauaʻi Community Plan: The proposed project is consistent with the applicable policies and guidelines of the South Kauaʻi Community Plan and the appropriate uses of the land use designation of Resort. Refer to Section iii of the SMA Permit Assessment Application form for a more detailed discussion. County of Kauaʻi Comprehensive Zoning Ordinance: The proposed project is consistent with the permitted uses and development standards of the Resort District of the County’s CZO. Refer to Section iii of the SMA Permit Assessment Application for a more detailed discussion. Detailed land use history of the parcel, which includes but is not limited to, former and existing State and County land use designations, violations and uses; The subject property and existing development is in conformance with all previous land use approvals and entitlements. There are currently no known violations related to the subject property and its existing uses. Status reports of all Zoning Amendment ordinance conditions, existing Land Use Permit conditions, and Subdivision Application conditions pertaining to the project site; As noted previously, the Applicant is applying for the current permits to construct the employee and overflow parking lot required to satisfy condition No. 4 of SMA(U)-2008-3 and Class IV Zoning Permit Z-IV-2008-1 issued to the Applicant on October 10, 2007. The       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   29       Applicant had submitted a permit application previously and a permit was granted; however, the permit was withdrawn due to community objections. Therefore, the Applicant is continuing to address the concerns that have been raised regarding the need to provide overflow parking for the hotel and has submitted another permit for that purpose. The permit application for the parking lot is currently under separate review by the Planning Department. As such, the subject property and existing development is in conformance with all previously existing Zoning Amendment ordinance conditions, Land Use Permit conditions and Subdivision Application conditions. There are currently no known violations related to the subject property and its existing uses. Analysis of the secondary impacts of the proposed use on the surrounding area, which includes but is not limited to, increases in property value, population, housing, community services and facility needs, secondary jobs and employment generated, and compatibility with the surrounding uses; The existing land use of the subject property is resort development which consists of buildings and structures associated with the 605-room hotel, a parking lot, and amenities. The southern portion of the subject property is bounded by the beach and shoreline. The western boundary of the subject property is adjacent to the Lanai Villas Makai and Lanai Villas II subdivisions; however, between the end of the improvements on the western side of the subject property and these two (2) residential developments, there is a “greenbelt” area within which no buildings are allowed. The northern boundary of the subject property runs along Poʻipū Road (a County road), and the eastern boundary abuts the Poʻipū Bay Golf Course. The proposed project is not anticipated to induce population growth that would have secondary impacts on the surrounding area, such as an increase in demand for housing or community services and facilities. It is unlikely to generate traffic that would significantly impact traffic conditions in the area and would also not result in significant increases in property value as the overall property would generally remain the same. Project improvements would help to support existing hotel operations, which in turn provides jobs and employment for the community. Construction of the proposed project will both directly and indirectly benefit the economy through the creation of construction and construction support jobs in the short term. In the long-term, the proposed project improvements will allow GHK to remain competitive in the hospitality and tourism industry.  Water source, supply and distribution system analysis, which includes but is not limited to, methods of irrigation that exists on the parcel and proposed for the application, location and use of groundwater and non-potable water sources; The proposed project will use the existing water service provided by the County of Kauaʻi Department of Water Supply. Existing water facilities are presently adequate to provide the demand for such additional services that may be generated by the addition of two (2) new hotel guest rooms. Sewage Disposal Analysis – A description of a proposed method of sewage disposal; Wastewater generated by the subject property is processed at the private wastewater treatment plant located on-site. Additional wastewater flows and solid waste that may be generated by the construction of two (2) new hotel guest rooms is not anticipated to place       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   30       significant demand on the existing system and facilities and will have no significant impact on future capacity. Solid Waste Disposal Analysis – A description of a proposed method of solid waste disposal, including methods for recycling, reclamation and waste stream diversion; and Solid waste is currently and will continue to be collected by private contractors. Additional wastewater flows and solid waste that may be generated by the construction of two (2) new hotel guest rooms is not anticipated to place significant demand on the existing system and facilities and will have no significant impact on future capacity. Description of environmentally sensitive areas, habitat and botanical features, which includes but is not limited to, wetlands, streams, rock outcroppings, endangered plants and animals, and exceptional trees. Surface Water There are currently no natural surface water resources, such as streams, rivers, lakes, wetlands, reservoirs, and creeks in the vicinity of the project site. There are several manmade lagoons, pools and water features on the property; however, these features do not serve as habitat for any state or federally listed threatened or endangered species. Coastal Waters Coastal waters in the vicinity offshore of the project site include Keoneloa Bay and the Pacific Ocean. These waters are classified as Class A waters by the State Department of Health (DOH). The objective of this class is that “their use for recreational purposes and aesthetic enjoyment be protected. These waters shall not act as receiving waters for any discharge which has not received the best degree of treatment on control compatible with the criteria established for this class” (Water Quality Standards, Title 11, Chapter 54, Hawaii Administrative Rules). Impacts to nearby waters will be avoided or minimized through compliance with County and State Water Quality Standards and through implementation of site-specific BMPs, as applicable. No new structures or improvements are proposed within the shoreline area, or seaward of it. Refer to Shoreline Setback Determination in Exhibit D. Flora The subject property is entirely developed. Vegetation on the subject property includes a variety of plants and trees that were installed and have been maintained as part of the GHK development’s landscaping. The project improvements will be constructed on the third floor of an existing structure and will not require any significant landscaping improvements. No habitats of state or federally listed, threatened or endangered species will be affected by construction and operation of the proposed project. Fauna The subject property is entirely developed and does not serve as a habitat for any state or federally listed, threatened or endangered species. However, seabirds, such as the endangered Hawaiian petrel (Pterodroma sandwichensis), band-rumped storm-petrel (Oceanodroma castro), and the threatened Newell’s shearwater (Puffinus auricularis newelli) may transit the project area flying upland to breeding colonies. To minimize any potential harm to seabirds that may transit the project site, the Applicant has utilized and will continue to utilize downward facing lighting to the maximum extent possible to avoid attracting these birds; and/or to reduce any possible attractive lighting to the extent reasonably possible       Grand Hyatt Kauaʻi Resort & Spa SMA Use Permit and Class IV Zoning Permit Amendment   31       during the critical two-week period before and after the new moon each October. No significant impacts on fauna within the project site are anticipated from either the construction or operation of the proposed project. EXHIBIT A Landowner Documentation Parcel Number 290010020000 Location Address 1571 POIPU RD KOLOA HI 96756 Project Name Tax Classification HOTEL & RESORT (Note: This is for tax purposes only. Not to be used for zoning.) Neighborhood Code 2816-7 Legal Information Zoning RR10 Non Taxable Status Land Area (acres)37.7420 Land Area (approximate sq ft)1,644,042 View Map Year Property Class Total Market Value Total Property Assessed Value Total Property Exemption Total Net Taxable Value 2020 HOTEL & RESORT $260,143,300 $260,143,300 $0 $260,143,300 How to calculate real property taxes Year Appeal Type Value Scheduled Hearing Date subject to change Status Tax Payer Opinion of Value Tax Payer Opinion of Exemptions Tax Payer Opinion of Property Class Date Settled 2015 BOARD OF REVIEW Withdrawn, Sustained $150,000,000 $0 11/23/2018 2014 BOARD OF REVIEW Withdrawn, Sustained $150,000,000 $0 11/23/2018 Card Section Floor # Area Perimeter Usage Occupancy Wall Height Exterior Wall Construction 2 1 01 20,970 1436 HOTEL 9 MASONRY LOW RISE COMMERCIAL 2 1 02 21,450 1466 HOTEL 9 MASONRY LOW RISE COMMERCIAL 2 2 01 4,680 1350 HOTEL 9 MASONRY LOW RISE COMMERCIAL 2 2 02 4,770 1380 HOTEL 9 MASONRY LOW RISE COMMERCIAL Card Section Floor # Area Perimeter Usage Occupancy Wall Height Exterior Wall Construction 3 1 01 23,520 1556 HOTEL 9 MASONRY LOW RISE COMMERCIAL 3 1 02 25,520 1556 HOTEL 9 MASONRY LOW RISE COMMERCIAL 3 1 03 28,320 1856 HOTEL 9 MASONRY LOW RISE COMMERCIAL 3 1 04 28,320 1856 HOTEL 9 MASONRY LOW RISE COMMERCIAL 3 2 01 4,410 1470 HOTEL 9 MASONRY LOW RISE COMMERCIAL 3 2 02 4,410 1470 HOTEL 9 MASONRY LOW RISE COMMERCIAL 3 2 03 5,310 1770 HOTEL 9 MASONRY LOW RISE COMMERCIAL 3 2 04 5,310 1770 HOTEL 9 MASONRY LOW RISE COMMERCIAL Card Section Floor # Area Perimeter Usage Occupancy Wall Height Exterior Wall Construction 4 1 01 33,420 2534 HOTEL 9 MASONRY LOW RISE COMMERCIAL 4 1 02 33,420 2534 HOTEL 9 MASONRY LOW RISE COMMERCIAL 4 1 03 34,980 2654 HOTEL 9 MASONRY LOW RISE COMMERCIAL 4 1 04 36,930 2804 HOTEL 9 MASONRY LOW RISE COMMERCIAL 4 2 01 5,940 1980 HOTEL 9 MASONRY LOW RISE COMMERCIAL Parcel Information Owner Information Owner Names KAWAILOA DEVELOPMENT    Fee Owner Mailing Address KAWAILOA DEVELOPMENT PO BOX 369 KOLOA HI 96756 Assessment Information Show Historical Assessments Appeal Information Commercial Improvement Information Building Number 2 Building Type HYATT REGENCY-POIPU Structure 466-HOTEL C-6 Year Built 1998 Effective Year Built 2004 Building Square Footage 0 Percent Complete 0% Building Number 3 Building Type HYATT REGENCY-POIPU Structure 466-HOTEL C-6 Year Built 1990 Effective Year Built 2004 Building Square Footage 0 Percent Complete 0% Building Number 4 Building Type HYATT REGENCY-POIPU Structure 466-HOTEL C-6 Year Built 1990 Effective Year Built 2004 Building Square Footage 0 Percent Complete 0% Page 1 of 5qPublic.net - Kaua'i County, HI - Report: 290010020000 5/16/2020https://qpublic.schneidercorp.com/Application.aspx?AppID=986&LayerID=20101&PageT... Card Section Floor # Area Perimeter Usage Occupancy Wall Height Exterior Wall Construction 4 2 02 5,940 1980 HOTEL 9 MASONRY LOW RISE COMMERCIAL 4 2 03 6,300 2100 HOTEL 9 MASONRY LOW RISE COMMERCIAL 4 2 04 6,750 2250 HOTEL 9 MASONRY LOW RISE COMMERCIAL Card Section Floor # Area Perimeter Usage Occupancy Wall Height Exterior Wall Construction 5 1 01 40,620 676 RESTAURANT 13 MASONRY LOW RISE COMMERCIAL 5 1 02 67,500 855 RETAIL STORE 17 MASONRY LOW RISE COMMERCIAL 5 2 02 3,000 45 RETAIL STORE 17 MASONRY LOW RISE COMMERCIAL Card Section Floor # Area Perimeter Usage Occupancy Wall Height Exterior Wall Construction 6 1 01 39,600 800 OFFICES 13 MASONRY LOW RISE COMMERCIAL 6 1 02 50,000 785 SOCIAL/FRATERNAL HALL 20 MASONRY LOW RISE COMMERCIAL 6 2 02 14,400 235 SOCIAL/FRATERNAL HALL 20 MASONRY LOW RISE COMMERCIAL Card Section Floor # Area Perimeter Usage Occupancy Wall Height Exterior Wall Construction 7 1 01 2,700 235 RESTAURANT 13 MASONRY LOW RISE COMMERCIAL 7 2 01 4,900 437 RESTAURANT 13 MASONRY LOW RISE COMMERCIAL 7 3 01 1,650 149 RESTAURANT 13 MASONRY LOW RISE COMMERCIAL 7 4 01 3,850 337 RESTAURANT 13 MASONRY LOW RISE COMMERCIAL Card Section Floor # Area Perimeter Usage Occupancy Wall Height Exterior Wall Construction 8 1 01 20,000 320 SOCIAL/FRATERNAL HALL 10 MASONRY LOW RISE COMMERCIAL 8 2 01 5,000 80 SOCIAL/FRATERNAL HALL 10 MASONRY LOW RISE COMMERCIAL 8 3 01 4,000 200 BAR LOUNGE 15 MASONRY LOW RISE COMMERCIAL 8 4 01 2,400 120 BAR LOUNGE 10 MASONRY LOW RISE COMMERCIAL Card Section Floor # Area Perimeter Usage Occupancy Wall Height Exterior Wall Construction 9 1 01 800 79 SOCIAL/FRATERNAL HALL 15 MASONRY LOW RISE COMMERCIAL 9 2 01 856 85 SOCIAL/FRATERNAL HALL 15 MASONRY LOW RISE COMMERCIAL 9 3 01 384 80 SOCIAL/FRATERNAL HALL 9 MASONRY LOW RISE COMMERCIAL 9 4 01 817 124 SOCIAL/FRATERNAL HALL 9 MASONRY LOW RISE COMMERCIAL Card Section Floor # Area Perimeter Usage Occupancy Wall Height Exterior Wall Construction 10 1 01 1,236 144 TAVERN/BAR 12 MASONRY LOW RISE COMMERCIAL Card Section Floor # Area Perimeter Usage Occupancy Wall Height Exterior Wall Construction 11 1 01 720 108 SOCIAL/FRATERNAL HALL 10 MASONRY LOW RISE COMMERCIAL Building Number 5 Building Type HYATT REGENCY-POIPU Structure 466-HOTEL C-6 Year Built 1990 Effective Year Built 2004 Building Square Footage 0 Percent Complete 0% Building Number 6 Building Type HYATT REGENCY-POIPU Structure 466-HOTEL C-6 Year Built 1990 Effective Year Built 2004 Building Square Footage 0 Percent Complete 0% Building Number 7 Building Type HYATT REGENCY-POIPU Structure 466-HOTEL C-6 Year Built 1990 Effective Year Built 2004 Building Square Footage 0 Percent Complete 0% Building Number 8 Building Type HYATT REGENCY-POIPU Structure 466-HOTEL C-6 Year Built 1990 Effective Year Built 2004 Building Square Footage 0 Percent Complete 0% Building Number 9 Building Type HYATT REGENCY-POIPU Structure 466-HOTEL C-6 Year Built 1990 Effective Year Built 2004 Building Square Footage 0 Percent Complete 0% Building Number 10 Building Type HYATT REGENCY-POIPU Structure 466-HOTEL C-6 Year Built 1990 Effective Year Built 2004 Building Square Footage 0 Percent Complete 0% Building Number 11 Building Type HYATT REGENCY-POIPU Structure 466-HOTEL C-6 Year Built 1990 Effective Year Built 2004 Building Square Footage 0 Percent Complete 0% Building Number 12 Building Type HYATT REGENCY-POIPU Structure 235-COMM C-5 Year Built 1990 Effective Year Built 1999 Building Square Footage 0 Percent Complete 0% Page 2 of 5qPublic.net - Kaua'i County, HI - Report: 290010020000 5/16/2020https://qpublic.schneidercorp.com/Application.aspx?AppID=986&LayerID=20101&PageT... Date Permit Number Reason Permit Amount 10/23/2019 1800002913 REPAIR $554,191 9/26/2017 1700001355 Conversion to/from Dwelling $200,000 7/28/2017 1700000985 RENOVATION $200,000 7/18/2017 1700001183 RENOVATION $400,000 4/3/2017 1700000031 RENOVATION $22,000 8/5/2016 1600001015 REPAIR $100,000 6/2/2016 160000831 RENOVATION $61,200 3/28/2016 1500003016 OTHER $75,000 3/9/2016 1500002387 RENOVATION $50,000 2/22/2016 1500002370 RENOVATION $7,500 4/15/2015 1300002674 REPAIR $500,000 10/28/2014 1400001663 OTHER $105,000 8/13/2014 1400000969 ADDITION $170,000 8/13/2014 1400000967 RENOVATION $380,000 11/20/2013 1300001665 Antenna $134,274 10/17/2013 1300001988 RENOVATION $65,000 10/18/2012 1200001095 ADDITION $23,000 5/18/2010 1000000842 REPAIR $1,950,000 5/18/2010 1000000841 REPAIR $1,825,000 5/18/2010 1000000840 REPAIR $1,740,000 5/18/2010 1000000839 REPAIR $1,740,000 OtherBuildingandYardImprovements Description ASPHALT PARKING Quantity 1 Year Built 1989 Area 145,000 Percent Complete Description ASPHALT PARKING Quantity 1 Year Built 1989 Area 77,700 Percent Complete Description JACUZZI POOL Quantity 1 Year Built 1989 Area 64 Percent Complete Description JACUZZI POOL Quantity 1 Year Built 1989 Area 200 Percent Complete Description JACUZZI POOL Quantity 1 Year Built 1989 Area 64 Percent Complete Description JACUZZI POOL Quantity 1 Year Built 1989 Area 200 Percent Complete Description LARGE REINFORCED CONCRETE POOL Quantity 1 Year Built 1989 Area 22,400 Percent Complete Description LARGE REINFORCED CONCRETE POOL Quantity 1 Year Built 1989 Area 57,900 Percent Complete Description REINFORCED CONCRETE POOL Quantity 1 Year Built 1989 Area 1,500 Percent Complete Description MASONRY UTILITY SHED Quantity 1 Year Built 1989 Area 506 Percent Complete Description MASONRY UTILITY SHED Quantity 1 Year Built 1989 Area 912 Percent Complete Permit Information Page 3 of 5qPublic.net - Kaua'i County, HI - Report: 290010020000 5/16/2020https://qpublic.schneidercorp.com/Application.aspx?AppID=986&LayerID=20101&PageT... Date Permit Number Reason Permit Amount 5/18/2010 1000000838 REPAIR $925,000 5/18/2010 1000000837 REPAIR $785,000 5/18/2010 1000000836 REPAIR $785,000 5/18/2010 1000000835 REPAIR $1,025,000 5/18/2010 1000000834 REPAIR $865,000 5/18/2010 1000000833 REPAIR $865,000 3/11/2010 0800002428 ADDITION $100,000 11/3/2008 0800000059 ALTERATION $175,000 7/8/2008 0800000329 OTHER $360,000 6/4/2008 08200000207 Photovoltaic System $56,000 6/4/2008 0800000312 Photovoltaic System $185,000 6/4/2008 0800000250 Photovoltaic System $185,000 4/17/2008 0700002024 OTHER $1,974,342 9/25/2007 0600001121 ADDITION $2,300 9/25/2007 0600001120 ADDITION $2,300 6/13/2007 0700000019 OTHER $45,000 6/13/2007 0700000018 OTHER $45,000 6/13/2007 0700000017 OTHER $65,000 6/13/2007 0700000016 OTHER $45,000 9/29/2005 0500001592 ADDITION $70,000 5/6/2005 0500000925 RENOVATION $25,000 11/19/2002 2000002901 REROOF $1,037,900 11/19/2002 0200002897 REROOF $60,550 11/19/2002 0200002895 REROOF $31,980 11/19/2002 0200002894 REROOF $70,245 11/19/2002 02-00002889 REROOF $6,221,600 4/18/2002 0200000387 RENOVATION $187,500 4/16/2000 75000 RENOVATION $75,000 Sale Date Price Instrument # Instrument Type Date Recorded Document Number Cert # Book/Page Conveyance Tax Document Type 09/17/1992 $0 0000000000 08/06/1991 $0 0000000000 04/18/1991 $105 9100120540 FEE CONVEYANCE 09/05/1991 1.1 02/06/1991 $0 0000000000 01/24/1991 $0 9100019033 02/12/1991 10/25/1990 $439,680 9000167979 LEASE 10/29/1990 219.8 09/11/1989 $0 8900144479 09/21/1989 23673/18 01/29/1988 $0 8800013874 FEE CONVEYANCE 01/29/1988 21583/731 0 01/01/1900 $0 9100108013 08/09/1991 Year Tax Payments and Credits Penalty Interest Other Amount Due $2,654,282.16 ($2,654,282.16) $0.00 $0.00 $0.00 $0.00 $2,464,150.02 ($2,464,150.02) $0.00 $0.00 $0.00 $0.00 $2,309,864.10 ($2,309,864.10) $0.00 $0.00 $0.00 $0.00 $2,309,864.10 ($2,309,864.10) $0.00 $0.00 $0.00 $0.00 $2,391,756.65 ($2,391,756.65) $0.00 $0.00 $0.00 $0.00 $2,391,795.71 ($2,391,795.71) $0.00 $0.00 $0.00 $0.00 $1,670,471.78 ($1,670,471.78) $0.00 $0.00 $0.00 $0.00 $1,306,597.14 ($1,306,597.14) $0.00 $0.00 $0.00 $0.00 $1,260,294.90 ($1,260,294.90) $0.00 $0.00 $0.00 $0.00 $1,364,415.21 ($1,364,415.21) $0.00 $0.00 $0.00 $0.00 $1,141,285.49 ($1,141,285.49) $0.00 $0.00 $0.00 $0.00 $1,345,653.75 ($1,345,653.75) $0.00 $0.00 $0.00 $0.00 $1,280,775.00 ($1,280,775.00) $0.00 $0.00 $0.00 $0.00 $1,288,987.51 ($1,288,987.51) $0.00 $0.00 $0.00 $0.00 $1,288,987.51 ($1,288,987.51) $0.00 $0.00 $0.00 $0.00 $1,123,208.77 ($1,123,208.77) $0.00 $0.00 $0.00 $0.00 $1,154,074.31 ($1,154,074.31) $0.00 $0.00 $0.00 $0.00 $1,098,940.38 ($1,098,940.38) $0.00 $0.00 $0.00 $0.00 $1,123,182.65 ($1,123,182.65) $0.00 $0.00 $0.00 $0.00 Conveyance Information Historical Tax Information 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 Page 4 of 5qPublic.net - Kaua'i County, HI - Report: 290010020000 5/16/2020https://qpublic.schneidercorp.com/Application.aspx?AppID=986&LayerID=20101&PageT... No data available for the following modules:CPR/Condo/Apt Unit Information, Improvement Information, Sketches, Current Tax Bill Information. Map Version 2.3.60 The Kauai County Tax Assessor's Office makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. User Privacy Policy GDPR Privacy Notice Last Data Upload: 5/16/20203:06:47AM Developed by Page 5 of 5qPublic.net - Kaua'i County, HI - Report: 290010020000 5/16/2020https://qpublic.schneidercorp.com/Application.aspx?AppID=986&LayerID=20101&PageT... EXHIBIT B Letter of Authorization DBA GRAND HYATT KAUAI & POIPU BAY GOLF COURSE  P.O. BOX 369, KOLOA, HAWAII 96756 PHONE: (808)742-6300  FAX: (808)742-7197  WWW.KAWAILOA.COM April 15, 2020 Planning Department County of Kauai 444 Rice Street, Suite A473 Lihue, HI 96766 RE: Letter of Authorization for Special Management (SMA) Use Permit Application Grand Hyatt Kauai Resort 1571 Poipu Road, Koloa, Kauai, Hawaii 96756 Tax Map Key: (4) 2-9-001:002 To Whom It May Concern: Kawailoa Development, LLP, a Hawaii limited liability partnership, is the owner of the above referenced property and hereby authorizes WATG and Wilson Okamoto Corporation as their authorized agents for the filing and processing of the SMA Use Permit Application and any other land use permits and approvals for the Grand Hyatt Kauai development. An authorization shall not be construed as providing WATG and Wilson Okamoto Corporation with the authority for any other transaction except mentioned above. This letter of authorization shall be void after all necessary permits have been acquired and construction of this project accepted by all agenci es and Kawailoa Development, LLP. Sincerely, KAWAILOA DEVELOPMENT, LLP By______________________________ TOSHIAKI SHINDO Its: DIRECTOR Dated: April 15, 2020 cc: WATG, Wilson Okamoto Corporation Paul Roberts, Grand Hyatt Kauai EXHIBIT C Supporting Figures Source: State OP and ESRI LOCATION MAP GRAND HYATT KAUA'I RESORT & SPA SUITE EXPANSIONKOLOA, KAUA'I, HAWAI'I FIGURE 1 Project Site 0 2,000 4,0001,000 Feet1:24,000 Waimea Koloa Līhuʻe Kawaihau Hanalei Project Vicinity Kaua'i ³ ¯Legend TMK (4) 2-9-001:002 Source: State OP and ESRI SPECIAL MANAGEMENT AREA GRAND HYATT KAUA'I RESORT & SPA SUITE EXPANSIONKOLOA, KAUA'I, HAWAI'I FIGURE 2 0 400 800200Feet1:5,000¯ Legend SMA Project Site TMK (4) 2-9-001:002 Poʻipū RoadAi nako St r eet K e l e k a R o a d Keoniloa Bay FIGURE 3 FLOOD HAZARD AREAS Source: State of Hawai ‘i, Department of Land and Natural Resources - Flood Hazard Assessment Tool (2020) GRAND HYATT KAUA‘I RESORT & SPA SUITE EXPANSION KOLOA, KAUA‘I, HAWAI‘I PROJECT SITE EXHIBIT D Shoreline Setback Determination EXHIBIT E Preliminary Design Drawings A1 COVER 01 - 08/01/19 PERMIT ISSUE A2 SITE CONTEXT 01 - 08/01/19 PERMIT ISSUE VICINITY MAP PROPERTY ADDRESS 1571 Poipu Road - Koloa, HI 96756 TAX MAP KEY (4) 2-9-01-002 ZONING DATA SMA Permit (U)-88-1 Shoreline Setback Variance SSV-88-2 Class IV Zoning Permit Z-IV-88-10 (October 1987) Permits 605-room hotel (602 constructed) PROPERTY Total = 39.725 acres State Land Use (Shoreline Conservation District) = 9.284 acres Kauai General Plan = Resort Classification CZO District Resort District (RR-10) = 30.264 VDA within Visitor Destination Area CZO Constraints District = Portions in ‘Tsunami’ and ‘Shore’ EXISTING USES & ZONING Resort District Lot Coverage 50% = 30.264 acres or 15.231 acres = 659,149.92 sf Original building 652,647 sf + 205 sf (spa hale expansion) = 652,852 sf 6,297.92 of available lot coverage Existing Parking Counts, Guest 481, Employee 249 = 730 total parking spaces GRAND HYATT KAUAI RESORT & SPA A3 SITE PLAN NTS 01 - 08/01/19 PERMIT ISSUE PROPOSED ADDITION OF (2) HOTEL ROOMS 379’ - 41/2” TO EASMENT A4 PROJECT SCOPE 0 1/16” = 1’ 4’16’50’ 01 - 08/01/19 PERMIT ISSUE EXISTING 3rd FLOOR ROOF TERRACE TOTAL AREA - 2,167 SF. EXISTING 4 STORY GUEST ROOM WING EXISTING 4 STORY ENCLOSED COORDIOR EXISTING STAIRS SERVICING 4 FLOORS EXISTING 4 STORY GUEST ROOM WING -- 2,167 SF. A5 PLAN, ELEVATION & SECTION A - FLOOR PLAN B - ELEVATION C - SECTION 0 3/16” = 1’ 2”4’10’ 01 - 08/01/19 PERMIT ISSUE LANAI -- 145 SF. HOTEL GUEST ROOM -- 1,O11 SF. EXISTING HOTEL GUESTROOM EXISTING HOTEL GUESTROOM HOTEL GUEST ROOM -- 1,O11 SF. GUESTROOM ADDITION GUESTROOM ADDITION 2’-0” 10’-6” TOTAL AREA -- 2,167 SF. C C LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 EXHIBIT F Cost Estimate License #ABC-19711 636 Laumaka Street Honolulu, Hawaii 96819 Telephone: (808) 842-4929 Facsimile: (808) 841-8281 Date: November 20, 2019 To: Kawailoa Development LLP P. O. Box 369 Koloa, Hawaii 96756 Attn: Mr. Toshiaki, President Re: Grand Hyatt Kauai Ocean Suite Additional Units (OPC) Dear Toshi, We are pleased to submit the following Opinion-of-Probable Construction Cost amount (OPC) to assist you with the development of your proposed Ocean Suite Additional Units Project. Hopefully, the information provided will guide and convince you regarding the viability of this project. To address your November 18th email and based on the limited amount of information presented, we have estimated the construction cost to be approximately ONE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($1,500,000.00). This amount is subject to revisions and adjustments once we have more complete construction documents to review. At the present time, the schedule impact from construction start to finish is estimated to be approximately six to seven months. We appreciate your consideration and this opportunity to assist you with this project. If you have any questions, please do not hesitate in contacting me at (808) 284-7711. Sincerely, Lane K. Uchimura Executive Vice President Commercial – Special Projects Division Grand Hyatt Kaua‘i Resort  & Spa Application for Amendment to  Special Management Area Use Permit and Class IV Zoning Permit Ahukini to Lydgate Park Bicycle and Pedestrian Path Special Management Area Use Permit Application April 14, 2020 SUBMITTED TO: County of Kaua‘i Planning Department 4444 Rice Street., Ste A473 Lihue, Hawaii 96766 SUBMITTED BY: County of Kaua‘i Department of Public Works Building Division 4444 Rice Street, Suite 175 Lihue, Hawaii 96766-1340 PREPARED BY: SSFM International, Inc. 501 Sumner Street, Suite 620 Honolulu, Hawai‘i 96817 Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application i TABLE OF CONTENTS 1.0 SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT FORM ...................... 1 2.0 APPLICANT & PROJECT INFORMATION ............................................................... 13 3.0 PROJECT DESCRIPTION ........................................................................................ 15 3.1 Introduction ............................................................................................... 15 3.2 Purpose and Need ..................................................................................... 16 3.3 Relationship to Plans, Objectives and Policies ......................................... 16 3.3.1 2018 Kaua‘i County General Plan ............................................... 16 3.3.2 Līhu‘e Community Plan (2015) .................................................. 17 3.3.3 Comprehensive Zoning Ordinance (CZO) .................................. 17 3.4 Impacts and Mitigation Measures ............................................................. 18 3.5 Alternatives to the Proposed Development............................................... 18 3.6 Coastal Zone Management, HRS Chapter 205A ...................................... 18 3.7 Certified Shoreline Survey ........................................................................ 18 3.8 Site Plan .................................................................................................... 18 3.9 Other Plans or Information ....................................................................... 18 4.0 PROJECT ASSESSMENT ......................................................................................... 19 4.1 Description of the area and environment involved; .................................. 19 4.2 Existing Land Uses of the Project Site and Surrounding Areas ............... 19 4.3 Description of how the Proposed Project will Affect the Area Involved and Surrounding Areas ......................................................................................... 19 4.4 Evaluation of the proposed development relative to the objective and policies as contained in Chapter 205A, HRS; and Section 3.0 of the Special Management Area (SMA) Rules and Regulations: .............................................. 23 4.4.1 Recreational Resources ............................................................... 23 4.4.2 Historical Resources .................................................................... 24 4.4.3 Scenic & Open Space Resources ................................................. 25 4.4.4 Coastal Ecosystems ..................................................................... 27 4.4.5 Economic Uses ............................................................................ 28 4.4.6 Coastal Hazards ........................................................................... 28 4.5 Evaluation of the impacts which cannot be avoided and mitigating measures proposed to minimize that impact: ........................................................ 29 4.6 Evaluation of the proposed development relative to Section 4.0 of the SMA Rules and Regulations in accordance with the following aspects:.............. 29 LIST OF APPENDICES Appendix A: Certified Shoreline Survey Map Appendix B: Ahukini to Lydgate Bicycle/Pedestrian Path Final Environmental Assessment – June 2016 Appendix C: Site Plan with Certified Shoreline and Shoreline Setback Appendix D: Site Plan with Sea Level Rise Exposure Area – 3.2 ft Scenario Appendix E: Letters of Authorization Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 1 - 1.0 SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT FORM COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT I. Part A APPLICANT INFORMATION Applicant: Address: Phone: Applicant’s Status: (Check one) Owner of the Property (Holder of at least 75% of the equitable and legal title) 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 Contact Person: Address: Phone: Email: PROJECT INFORMATION (attach additional sheets if necessary) Site Address: Tax Map Key: Lot Area: State Land Use District: County Zoning: General Plan Designation: Nature of Development: * NOTE: An Environmental Assessment in accordance with HRS Chapter 343 is required for actions requiring a Shoreline Setback Variance (SSV). Please contact the Planning Department for further information. Valuation of Development: (Estimate Attached) Date of Application: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT - 2 - SMA Assessment Application UPD. 10/2013 II. Part B The petitioner shall be responsible for filing the following required information with the department before an application is considered complete: 1. A written description of the proposed project, location and a statement of reasons/justification for project. 2. If property abuts a shoreline, a certified shoreline survey conducted by a registered land surveyor within 6 months of an application shall be submitted, when required by the Planning Agency. 3. A plot plan of the property, drawn to scale, with all proposed and existing structures and other pertinent information. Also, preliminary building sketch plans are to be submitted. 4. Any other plans or information requirements by the Director. Note: An Environmental Assessment or Environmental Impact Statement that has been declared adequate under the National Environmental Policy Act (NEPA) or under Chapter 343, HRS, may constitute a valid filing under this section. 5. Project Assessment: a. Description of the area and environment involved including flora and fauna, and other features; b. Description of the existing land uses of the project site and surrounding areas; c. Description of how the proposed project will affect the area involved and surrounding areas. Specifically the assessment should evaluate if the proposal: YES NO i. Involves an irrevocable commitment to loss or destruction of any natural or cultural resources, including but not limited to, historic sites, Special Treatment Districts as established by the County of Kauai Comprehensive Zoning ordinance, view planes or scenic corridors as outlined in the Community Development Plans, and recreation areas and resources; Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT - 3 - SMA Assessment Application UPD. 10/2013 YES NO ii. Curtails the range of beneficial uses of the environment; Discussion: YES NO iii. Conflicts with the County’s or the State’s long-term environmental policies or goals; Discussion: YES NO iv. Curtails the range of beneficial uses of the environment; Discussion: YES NO v. Substantially affects the economics or social welfare and activities or the community, County or State; Discussion: YES NO vi. In itself has no significant adverse effect but cumulatively has considerable effect upon the environment or involves a commitment for larger actions; Discussion: YES NO vii. Substantially affect a rare threatened, or endangered species of animal or plant, or its habitat; Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT - 4 - SMA Assessment Application UPD. 10/2013 YES NO viii. Detrimentally affects air or water quality or ambient noise levels; or Discussion: YES NO ix. Affects an environmentally sensitive area, such as flood plain, shoreline, tsunami zone, erosion-prone area, geologically hazardous land, estuary, fresh water or coastal water; Discussion: YES NO x. May have a major effect on the quality of the environment or affect the economic or social welfare of the area; and Discussion: YES NO xi. Would possibly be contrary to the policies and guidelines of the Rules and Regulations, the County’s General Plan, Development Plans, and Zoning and Subdivision Ordinances. Discussion: d. Evaluation of the proposed development relative to the objective and policies as contained in Chapter 205A, HRS; and Section 3.0 of the Special Management Area (SMA) Rules and Regulations: (complete following questionnaire) RECREATIONAL RESOURCES: Objective Provide coastal recreation opportunities accessible to the public. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT - 5 - SMA Assessment Application UPD. 10/2013 YES NO 1. Will the proposed development adversely affect coastal resources uniquely suited for recreational activities that cannot be provided in other areas? Discussion: YES NO 2. Will the project require replacement of coastal resources having significant recreational value, including but not limited to surfing sites, sandy beaches and fishing areas, when such resources will be unavoidably damaged by the proposed development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable? Discussion: YES NO 3. Is the project site near a State or County Park? Discussion: YES NO 4. Will the proposed development affect an existing public access to or along the shoreline? Discussion: YES NO 5. Will the proposed development provide public access to and/or along the shoreline? Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT - 6 - SMA Assessment Application UPD. 10/2013 YES NO 6. Will the proposed development encourage expanded recreational use of County, State, or federally owned or controlled shoreline lands and waters having recreational value? Discussion: YES NO 7. Will the development generate point or non-point sources of pollution that will affect recreation value of coastal area? Discussion: HISTORICAL RESOURCES: Objective Protect, preserve, and where desirable, restore those natural and man-made historic and pre-historic resources in the Special Management Area that are significant in Hawaiian and American history and culture. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. YES NO 1. Is the project site within a Federal, State and/or County designated historical/cultural district? Discussion: YES NO 2. Is the project site listed on or nominated to the Hawaii or National Register of Historic Places? Discussion: YES NO 3. Does the project site include land(s) which have not been previously surveyed by an archaeologist? COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT - 7 - SMA Assessment Application UPD. 10/2013 Discussion: YES NO 4. If an archeological survey has been conducted for the project site, has the survey been submitted to the State Historic Preservation Office for review and recommendations? Discussion: YES NO 5. Has any site survey revealed any information on historic or archaeological resources? (Please provide a copy or reference of survey) Discussion: YES NO 6. Is the project site within or near a Hawaiian fishpond? Discussion: YES NO 7. Is the project located within or near a historic settlement area? (Cemeteries, burials, heiaus, etc.) Discussion: SCENIC & OPEN SPACE RESOURCES: Objective Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT - 8 - SMA Assessment Application UPD. 10/2013 YES NO 1. Does the project site abut or affect a valued scenic resources or landmark within the SMA? Discussion: YES NO 2. Does the proposed development affect existing shoreline open space and scenic resources? Discussion: YES NO 3. Does the proposed development involve alteration to natural landforms and existing public views to and along the shoreline? Discussion: YES NO 4. Is the project compatible with the visual environment? Discussion: YES NO 5. Does the proposed action involve the construction of structures visible between the nearest coastal roadway and the shoreline? Discussion: YES NO 6. Is the project site within the Shoreline Setback Area (20 or 40 feet inland from the shoreline)? Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT - 9 - SMA Assessment Application UPD. 10/2013 COASTAL ECOSYSTEMS: Objective Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. YES NO 1. Is the project site a habitat for endangered species of flora and fauna? Discussion: YES NO 2. Will the proposed development adversely affect valuable coastal ecosystems of significant biological or economic importance? Discussion: YES NO 3. Will the proposed involve disruption or degradation of coastal water ecosystems through stream diversions, channelization, and similar land and water uses? Discussion: YES NO 4. Will the proposed development include the construction of special waste treatment facilities, such as injection wells, discharge pipes, septic tank systems or cesspools? Discussion: YES NO 5. Is there a wetland on the project site? Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT - 10 - SMA Assessment Application UPD. 10/2013 YES NO 6. Is the project site situated in or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary? Discussion: ECONOMIC USES: Objective Provide public or private facilities and improvements important to the State’s economy in suitable locations. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. YES NO 1. Does the project involve a harbor or port? Discussion: YES NO 2. Is the proposed development related to or near to an existing major hotel, multi-family, or condominium project? Discussion: YES NO 3. Does the project site include agricultural lands designated for such use? Discussion: YES NO 4. Does the proposed development relate to commercial fishing or seafood production? Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT - 11 - SMA Assessment Application UPD. 10/2013 YES NO 5. Does the proposed development relate to commercial fishing or seafood production? Discussion: COASTAL HAZARDS: Objective Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. YES NO 1. Is the project site within a potential tsunami inundated area as depicted on the National Flood Insurance Rate maps (FIRM)? Discussion: YES NO 2. Is the project site within a potential flood inundation area according to a FIRM? Discussion: YES NO 3. Does the project comply with the requirements of the Federal Flood Insurance Program? Discussion: YES NO 4. Has the project site or nearby shoreline areas experienced shoreline erosion? Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT A REA (SMA) PERMIT ASSESSMENT - 12 - SMA Assessment Application UPD. 10/2013 YES NO 5. Have any seawalls/revetments/etc. been constructed or exist in the immediate vicinity? Discussion: PROJECT ASSESSMENT: e. Evaluation of the impacts which cannot be avoided and mitigating measures proposed to minimize that impact: Discussion: f. Evaluation of the proposed development relative to Section 4.0 of the SMA Rules and Regulations in accordance with the following aspects: i. Substantial adverse environmental or ecological effects; Discussion: ii. Consistency or compliance of the proposed development relative to the goals and objectives of Chapter 205A, HRS; and Section 3.0 of the SMA Rules and Regulations; and Discussion: iii. Consistency or compliance of the proposed development relative to the County General Plan, Development Plan, and Zoning Ordinances. Discussion: [name], [title] Date Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 13 - 2.0 APPLICANT & PROJECT INFORMATION APPLICANT & CONTACT PERSON County of Kaua‘i Public Works Department 4444 Rice Street, Suite 275 Lihue, HI 96766 Phone: (808) 241-4992 Douglas Haigh Phone: (808) 241-4849 Email: dhaigh@kauai.gov AGENT SSFM International, Inc. 501 Sumner Street, Suite 620 Honolulu, HI 96817 Jared Chang Phone: (808) 356-1242 Email: jchang@ssfm.com LOCATION Līhu‘e, Kaua‘i TAX MAP KEY(S) (4) 3-7-002:002, (4) 3-7-001:008, (4) 3-7-001:159, (4) 3-7- 002:001, (4) 3-7-003:001, (4) 3-7-003:017, (4) 3-9-005:001, (4) 3- 9-005:002, (4) 3-9-005:003, (4) 3-9-005:009, (4) 3-9-002:004, (4) 3-9-002:032 STATE LAND USE DISTRICT Agricultural, Conservation, Urban COUNTY ZONING Conservation, Agriculture, Open GENERAL PLAN LAND USE DESIGNATION Parks and Recreation, Transportation, Urban Center, Natural, Residential Community, Agricultural, Resort, Golf Course, Neighborhood Center NATURE OF DEVELOPMENT The purpose of the proposed project, referred to as “Ahukini to Lydgate Park Bicycle and Pedestrian Path,” is to provide a shared- use bicycle and pedestrian path for residents and visitors to Kaua‘i. The path will begin at Ahukini Point and will end by connecting with an existing path to the north at Lydgate Park, covering a distance of approximately 6.7 miles. Construction of this path will Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 14 - be a key segment of the Nawiliwili to Anahola Bike and Pedestrian Path proposed in the Bike Plan Hawai‘i 2003 (update to the 1994 State of Hawai‘i Master Plan – Bike Plan Hawai‘i). VALUATION OF DEVELOPMENT $20,092,920 LANDOWNERS Tax Map Key Owner Parcel Size (acres) Abutting Shoreline (4) 3-7-002:002 State of Hawai‘i 0.692 Yes (4) 3-7-001:008 State of Hawai‘i 720.974 Yes (4) 3-7-001:159 State of Hawai‘i 4.93 Yes (4) 3-7-002:001 Visionary LLC 171.869 Yes (4) 3-7-003:001 EWM Kaua‘i LLC 420.237 Yes (4) 3-7-003:017 "Kaua‘i Beach Resort Association Knickerbocker Life Ins Co" 4.597 Yes (4) 3-9-005:001 State of Hawai‘i 107.403 Yes (4) 3-9-005:002 Līhu‘e Plantation Co Ltd 3.35 No (4) 3-9-005:003 State of Hawai‘i 1.26 No (4) 3-9-005:009 State of Hawai‘i 1.33 No (4) 3-9-002:004 State of Hawai‘i 136.18 No (4) 3-9-002:032 County of Kaua‘i .061 No Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 15 - 3.0 PROJECT DESCRIPTION 3.1 INTRODUCTION The County of Kaua‘i, Department of Public Works (DPW) plans to develop a shared-use bicycle and pedestrian path between Ahukini Landing and Lydgate Park (“project”). The project is a key segment of Ke Ala Hele Makalae, a coastal shared-use path that will span Kaua‘i’s eastern coastline from Nāwiliwili to Anahola. The project will benefit residents and visitors by preserving coastal access, creating a new safe recreational resource and supporting alternate modes of transportation. In addition, the path will provide health benefits through exercise, education and learning from interpretive signs located along the path, ecotourism and improved ecological health from design concepts that protect and enhance the environment. The proposed path will consist of a 10 to 12-foot wide concrete shared-use path that will begin at Ahukini Point and end by connecting with an existing path segment to the north at Lydgate Park, spanning a total distance of approximately 6.7 miles. Other design elements will include trailheads and three comfort stations. Two historic bridges would be restored (SIHP 50-30-08- 1845 Hanamā‘ulu Railroad Bridge and SIHP 50-30-08-1846 a historic concrete box culvert) for path use. Improvements would be made to the parking lot at Marine Camp, and to the entrance and lower parking lot at Wailuā Golf Course. Low maintenance materials would be used including wood, composite plastics, stainless steel, and concrete. The project will be funded by a combination of federal and county funds; the Federal Highway Administration (FHWA) is the lead federal agency. An FHWA-approved Categorical Exclusion (CATEX) was completed on May 21, 2019. Since the project will receive federal financial assistance, National Historic Preservation Act (NHPA) Section 106 consultation was required. The State Historic Preservation Division (SHPD) concurred with the FHWA’s finding of “no adverse effect” on historic properties in a letter dated June 28, 2018. Consultation with the U.S. Fish and Wildlife Service (FWS) pursuant to Section 7 of the Endangered Species Act was completed for this project. The USFWS concurred with FHWA that the project “may affect, but is not likely to adversely affect” endangered species based on the implementation of the conservation measures listed in their letter dated October 25, 2013. The conservation measures described are incorporated into this application as commitments to be made by the project. A State of Hawai‘i, Hawai‘i Revised Statutes (HRS), Chapter 343 Final Environmental Assessment (FEA) and Finding of No Significant Impact (FONSI) determination was completed for the proposed project in June 2016 by the County of Kaua‘i Department of Public Works. The proposed project has not significantly changed in size, scope, intensity, use, location, timing, or other means since the publication of the FEA in June 2016, however portions of the path alignment have been adjusted to avoid traversing through flood zones AE and VE, as identified on the Federal Emergency Management Agency’s (FEMA) Special Flood Hazard Areas map. A copy of the FEA and FONSI are included in Appendix B. The proposed path will traverse properties that abut the shoreline through various segments. An approved certified shoreline survey dated October 15, 2019 is included in Appendix C. Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 16 - 3.2 PURPOSE AND NEED The purpose of the proposed project is to provide an alternative transportation route for bicyclist and pedestrians to access Kaua‘i’s eastern shoreline areas. This alternative transportation project is needed through east Kaua‘i because Kūhiō Highway is a principal arterial and the only main thoroughfare between Līhu‘e and Kapa‘a. Kuhio Highway provides high mobility and carries high traffic volumes, but is primarily designed for motorized vehicles. Kaua‘i’s ocean and coastlines are frequently visited areas for recreational activities and gatherings, especially during weekends and holidays. The popularity of these areas creates a need to improve existing pathways or create new pathways to provide Kaua‘i residents and visitors (of all ages and mobility levels) with alternative transportation modes to access the shoreline. This project presents opportunities to provide an improved pathway for walkers, joggers, bicyclists, and other non-motorized forms of transportation which need a safe thoroughfare to and along the coastline. The rising costs of fuel and transportation have increased public interest in bicycling, however bicyclists on Kaua‘i have limited or no riding space in the project area. In addition, many of the popular coastline sites in the project area are not easily accessible and do not have improved access ways. This alternative route would help bicyclist and pedestrians travel between the Airport, Ahukini Point and Lydgate Park along a pathway that is accessible to a variety of users of differing ages and skill levels. The paths for bicyclists would be consistent with State Department of Transportation (DOT) plans and County of Kaua‘i policies for promoting bicycling and pedestrian modes within the State. This shared-use bicycle and pedestrian facility will meet the following needs for residents and visitors to Kaua‘i by providing options to use a form of transportation other than the automobile, thereby reducing fuel consumption, pollution, roadway congestion and the need for parking lots; by providing affordable recreation for persons of all ages and abilities; by providing a safe mode of transportation and recreation; and by providing a means for ecotourism. There is also need to provide supporting facilities for current coastal resources such as comfort stations and parking. 3.3 RELATIONSHIP TO PLANS, OBJECTIVES AND POLICIES 3.3.1 2018 KAUA‘I COUNTY GENERAL PLAN The 2018 Kaua‘i County General Plan contains 19 policies to guide the growth and development of the island. Of these policies, the proposed path satisfies three policies, as listed below. Policy #4 Design healthy and complete neighborhoods: Ensure new and existing neighborhoods have safe roads and functional parks, as well as access to jobs, commerce, transit, and public services. Response: The proposed path provides a safe and alternate mode of transportation for neighborhoods along the eastern coastline of Kaua‘i. The path allows these neighborhoods to be more walkable and is accessible for people of all ages, skill levels and economic classes. Policy #5 Make strategic infrastructure investments: New government investment should support growth areas and include priority projects as identified in Community Plans. Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 17 - Response: The Līhu‘e Community Plan 2015 identifies the proposed path on the “Future Bicycle Facilities in the Līhu‘e District Map,” under section 5.4.3 Bicycle Facilities. Under section 5.4.4 Pedestrian Facilities, one of the policies calls to “implement the programs and policies outlined in the Kaua‘i Multimodal Land Transportation Plan that are applicable to Līhu‘e District.” The Kaua‘i Multimodal Land Transportation Plan lists the coastal shared-use path as one of the priorities for immediate implementation. Policy #7 Build a balanced multimodal transportation system: Reduce congestion conditions through strategic infrastructure improvements and increase multimodal transportation options. Response: The proposed path supports this policy in increasing multimodal transportation options. The path addresses the needs of all transportation users by allowing access for bicyclists and pedestrians without impacting vehicular traffic flow. 3.3.2 LĪHU‘E COMMUNITY PLAN (2015) The 2015 Līhu‘e Community Plan includes policies to implement the vision for the Līhu‘e District. Under Section 5.4 Transportation, the proposed path is identified on the “Future Bicycle Facilities in the Līhu‘e District” map. The proposed path also satisfies the following policies that pertain to transportation in the Līhu‘e District: • Implement the programs and policies outlined in the Kaua‘i Multimodal Land Transportation Plan that are applicable to Līhu‘e District. • Provide visitors with viable alternatives to driving, including shuttle services to resorts, access to transit, bike share facilities and car share facilities at resorts. Response: The Kaua‘i Multimodal Land Transportation Plan identifies the proposed path and the completion of the Ke Ala Hele Makalae as a priority under section 6B Bicycle Program. Since the proposed path travels along Kaua‘i Beach Road it is part of a network of paths to provide easy access for residents and guests staying at the Kaua‘i Beach Resort and Kaua‘i Beach Villas. It would provide visitors an alternative to car-based touring and sight-seeing. 3.3.3 COMPREHENSIVE ZONING ORDINANCE (CZO) The proposed path traverses through land zoned as Conservation, Agriculture, and Open under the County’s CZO. The portion of the path that runs along the Wailuā Golf Course and Kūhiō Highway will be through land that has no zoning designation. Under the CZO, outdoor recreation use is considered a permitted use or structure within the Agriculture and Open districts. The CZO defines “outdoor recreation” as “uses and facilities pertaining primarily to recreation activities that are carried on primarily outside of structures.” For the portion of the path that traverses through lands designated as Agriculture, a Class I permit may be required. For lands designated as Open, a Class II permit may be required. The proposed path and comfort stations are compliant with both zoning districts’ development standards. Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 18 - 3.4 IMPACTS AND MITIGATION MEASURES Probable impacts and mitigations measures are discussed in Section 4.0 of the FEA, included in Appendix B. 3.5 ALTERNATIVES TO THE PROPOSED DEVELOPMENT Alternatives to the proposed path are discussed in Section 5.0 of the FEA, included in Appendix B. 3.6 COASTAL ZONE MANAGEMENT, HRS CHAPTER 205A An evaluation of the project in relation to the objectives and policies of the State’s Coastal Zone Management Act, Chapter 205A, HRS is discussed in this application in Section 3.0, Project Assessment. 3.7 CERTIFIED SHORELINE SURVEY A certified shoreline survey set is provided with this application in Appendix A. 3.8 SITE PLAN A plot plan of the properties affected, and proposed path is attached to this application in Appendix C. 3.9 OTHER PLANS OR INFORMATION The proposed project has not significantly changed in size, scope, intensity, use, location, timing, or other means since the publication of the FEA in June 2016. The FEA/FONSI is attached to this application as Appendix B. Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 19 - 4.0 PROJECT ASSESSMENT 4.1 DESCRIPTION OF THE AREA AND ENVIRONMENT INVOLVED; A description of the affected environment is provided in Section 3.0 in the FEA, included in Appendix B. 4.2 EXISTING LAND USES OF THE PROJECT SITE AND SURROUNDING AREAS The proposed path starts near Ahukini Recreational Pier State Park, which has a fishing pier and jetty. The area above the parking lot at the Ahukini Fishing Pier rises sharply to a bluff that separates this property from the State of Hawai‘I, Department of Transportation, Airport Division lands. The path moves west along the coast and into dense shrubbery located on State- owned parcels. The path continues into undeveloped land owned by Visionary LLC, and then approaches the abutments of the existing Hanamā‘ulu Railroad Bridge. The path crosses the bridge onto an undeveloped parcel owned by EWM Kaua‘i LLC and follows abandoned cane haul roads until it joins Kaua‘i Beach Road. From there, the path continues down along Kaua‘i Beach Road, over an existing culvert until it intersects with Marine Camp Road. As the path approaches Kūhiō Highway it starts to run along the mauka border of the Wailuā Golf Course and continues on the golf course border until it turns down Leho Drive. The path then runs near an undeveloped parcel owned by the Department of Hawaiian Home Lands and down Nehe Road to adjoin the existing bike and pedestrian path. The majority of the path traverses through undeveloped land and along the perimeter of developed parcels, namely the Wailuā Golf Course. 4.3 DESCRIPTION OF HOW THE PROPOSED PROJECT WILL AFFECT THE AREA INVOLVED AND SURROUNDING AREAS i. Involves an irrevocable commitment to loss or destruction of any natural or cultural resources, including but not limited to, historic sites, Special Treatment Districts as established by the County of Kaua‘i Comprehensive Zoning ordinance, view planes or scenic corridors as outlined in the Community Development Plans, and recreation areas and resources; a. The project does not involve an irrevocable commitment to loss or destruction of any natural or cultural resources. The proposed path will traverse three historical sites; State Inventory of Historic Places (SIHP) 50-30-08-1845 the Hanamā‘ulu Railroad Bridge, SIHP 50-30-01846 a historic concrete box culvert associated with sugar cane production, and SIHP 50-30-08-103 a human remains reinternment site at Wailuā Golf Course. The Hanamā‘ulu Bridge would undergo retrofitting and restoration, including widening of the deck and addition of a safety railing. Concrete planks would be added to the top and doweled into the existing structure to provide added stability. The concrete box culvert is one of two historic railroad bridges identified under Site 1846. The culvert would also be retrofitted with a new concrete deck and safety railings on each side. The reinternment site will not be directly affected, but the path alignment will cross within 30 feet of the site. Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 20 - Minimal impact with no adverse effect is expected for the historic sites and consultation with the State Historic Preservation Division (SHPD) has been completed as part of the FEA process. Additionally, Section 106 consultation was completed, which resulted in the State Historic Preservation Officer’s (SHPO) concurrence of the Federal Highway Administration’s (FHWA) finding of no adverse effect to the historic sites. The existing parks near the proposed path will not be impacted and will be accessible from the path itself. The proposed path is not expected to have significant negative impacts on view planes or scenic corridors, but rather, it will provide greater opportunities for the public to experience and appreciate the natural surroundings. ii. Curtails the range of beneficial uses of the environment; a. The alignment occurs within parks and park corridors that are dedicated to active and passive recreation. Currently, there is no restriction or direction given to people who walk, run, or jog within the parks or through the various habitats. The construction of the trail will restrict movements of users to the trail, which will protect the environment from unrestricted encroachment. iii. Conflicts with the County’s or the State’s long-term environmental policies or goals; a. The proposed trail is consistent with the Environmental Policies established in HRS Chapter 344. iv. Substantially affects the economics or social welfare and activities or the community, County or State; a. The project will provide a bike and pedestrian path that will serve as an alternate transportation route in addition to Kūhiō Highway. This alternative route would help bicyclist and pedestrians travel between the Airport, Ahukini Point and Lydgate Park along a pathway that is accessible to a diversity of users of varying ages and skill levels. It will provide the community with enhanced and improved recreational opportunities. The short-term impact on the economy would be positive as the path would provide a need for design and construction employment opportunities. v. In itself has no significant adverse effect but cumulatively has considerable effect upon the environment or involves a commitment for larger actions; a. The proposed path will make the county park system more accessible via non- motorized transportation, especially for those who cannot operate a motorized vehicle. It will also be sited away from environmentally sensitive areas and does not commit resources or energy for a larger action. vi. Substantially affect a rare threatened, or endangered species of animal or plant, or its habitat; a. The path will not adversely affect endangered plant or animal species. To minimize the potential for disorienting listed seabirds and bats, shielded lighting on the shortest poles possible will be provided at the comfort stations and no outdoor lights will be installed along the path.. The County will work with the Department of Land Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 21 - and Natural Resources (DLNR), Division of Forestry and Wildlife (DOFAW) on two interpretative and two regulatory seabird signs that uses DOFAW provided text and graphics. In order to minimize the effect of the proposed project on listed waterbirds, disturbance from construction and increased human activity along the proposed path will be kept to a minimum. b. DPW and HDOT, along with contractor(s) shall strictly adhere to all of the BMPs provided in the project’s Water Pollution, Dust, and Erosion Control Plan, listed below: i. Waste Management – concrete wastes, solid wastes, and any sanitary/septic wastes will be located away from and managed to assure no contamination to the critical habitat ii. Vehicle and Equipment Management – all vehicle and equipment cleaning, maintenance, and refueling will be located away from and managed to assure no contamination to the critical habitat. iii. Storm Water Management – Silt fences will be installed and maintained between the work areas and the critical habitat. iv. Erosion Control - Temporary or permanent grassing or permanent vegetation will be provided for any areas exposed over 30 calendar days. v. In addition, the DPW will be following the HDOT Standard Specifications for Road and Bridge Construction Section 209 Temporary Water Pollution, Dust, and Erosion Control, which is enclosed for your reference. The BMPs will be finalized in final design and in the National Pollutant Discharge Elimination System Permit. vi. DPW and HDOT, along with contractor(s) should use materials that are nontoxic to aquatic organisms, such as untreated wood, concrete, or steel (e.g. avoid pressure-treated lumber). c. There are no endangered plant species along the proposed path, and it is not anticipated that there will be negative impact to the native vegetation along the path. If encountered, the following measures will be taken: i. Path will be routed around any major trees whenever possible, avoiding the drip line; ii. Trees that are one-foot or greater will be moved to a nearby location if they cannot be avoided; iii. New plants will be irrigated, at least until they are established; iv. Areas disturbed by construction will be re-vegetated as soon as possible after construction of each area; and v. Native plants will be used for new plantings where feasible. vii. Detrimentally affects air or water quality or ambient noise levels; or a. The project will not result in any increases in vehicular traffic volumes, vehicle mix, location of the existing facility, or any other factor that would cause an sustained increase in emission impacts, and as such the FHWA has determined the project will generate minimal air quality impacts for Clean Air Act criteria pollutants, and has not been linked with any special mobile source air toxin (MSAT) concerns. Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 22 - b. Water quality will not be impacted as the existing Hanamā‘ulu Railroad Bridge and an existing concrete box culvert bridge (located at Marine Camp) will be used as bridges for the path. c. Non-motorized transportation methods do not generally produce loud noise. Socializing by pedestrians along the path could impact the golfers and residents of the area, and nighttime use of the path could be disruptive to the Kaua‘i Beach Villas and/or Aqua Kaua‘i Beach Resort. Mitigation measures would be to install signs along the path in noise sensitive areas to remind users to keep noise at a respectful level. viii. Affects an environmentally sensitive area, such as flood plain, shoreline, tsunami zone, erosion-prone area, geologically hazardous land, estuary, fresh water or coastal water; a. Most of the proposed path alignment is within the FEMA Flood Zone X areas, and the path will not encroach on the base flood plains as defined in 23 CFR Part 650, thus a majority of the path is not expected to obstruct floodwaters during extreme rain. Three areas of the path will be within Zone AE areas; at Ahukini Point, between Hanamā‘ulu Beach Park and Kapule Highway, and near the intersection of the path and Kailua Beach Road. The path in these areas will be elevated and/or built with construction techniques and materials that are floodable. The proposed comfort stations will be built above the flood zones. ix. May have a major effect on the quality of the environment or affect the economic or social welfare of the area; and a. The proposed project is not anticipated to have any negative long-term economic impacts. As stated in the FEA, there is widespread support for the project from the community and political leaders. Through public meetings, stakeholders were able to express their concerns and see their issues addressed throughout the progression of the project when alternative path alignments were created. b. Three historical, archaeological, and cultural resources will be traversed within the proposed path; the Hanamā‘ulu Railroad Bridge, a historical concrete box culvert and an interment site in the Wailuā Golf Course parking lot. Minimal impact with no adverse effect is expected. To protect the historic character of the Hanamā‘ulu Railroad Bridge, any work to the bridge will be minimal and will only include minor structural repairs and addition of handrails and other features required for public safety, with sensitivity to the historic nature and aesthetic of the bridge. The historical concrete box culvert will be left intact; additions will be minimal, including deck pavement with concrete and safety railings. These additions will not change the historic integrity or character of the culvert. x. Would possibly be contrary to the policies and guidelines of the Rules and Regulations, the County’s General Plan, Development Plans, and Zoning and Subdivision Ordinances; a. The proposed path would be consistent with the County of Kaua‘i’s General Plan Policy #7 Build a Balance Multimodal Transportation System. The objective of the policy is to “reduce congestion conditions through strategic infrastructure improvements and increase multimodal transportation options.” Under Sector III. Land Transportation, the action is organized into six programs; two of which the proposed path would satisfy. The objective of the pedestrian program is “to provide Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 23 - connected and convenient pedestrian facilities in communities.” The proposed path is just one segment of the East Kaua‘i Coastal Shared-Use Path, which starts at Līhu‘e Airport and ends in Anahola. This coastal path would provide bicycle and pedestrian facilities connecting communities along the eastern coast of the island. The objective of the bicycle program is “to create connected and safe bicycle networks that accommodate all riders.” This project would provide a protected shared use path that accommodates riders of all skill levels. 4.4 EVALUATION OF THE PROPOSED DEVELOPMENT RELATIVE TO THE OBJECTIVE AND POLICIES AS CONTAINED IN CHAPTER 205A, HRS; AND SECTION 3.0 OF THE SPECIAL MANAGEMENT AREA (SMA) RULES AND REGULATIONS: 4.4.1 RECREATIONAL RESOURCES Objective: Provide coastal recreation opportunities accessible to the public. i. Will the proposed development adversely affect coastal resources uniquely suited for recreational activities that cannot be provided in other areas? a. The proposed path is not expected to result in impacts to coastal resources uniquely suited for recreational activities. The path is setback from the coastline along elevated bluffs and mauka (landward) of Kaua‘i Beach Resort, Marine Camp Beach and Wailuā Golf Course. ii. Will the project require replacement of coastal resources having significant recreational value, including but not limited to surfing sites, sandy beaches and fishing areas, when such resources will be unavoidably damaged by the proposed development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable? The proposed path does not require replacement of coastal resources or is anticipatd to have negative impacts on these resources. iii. Is the project site near a State or County Park? a. There are three (3) County parks and one State park recreational facility within the boundaries of this project. The first County park is Lydgate Park, which is located on the north end of the project site. The second County park is the Marine Camp, and the third is Hanamā‘ulu Beach Park, which is located towards the south end of the project. Ahukini Point is a State Recreational Pier and is located at the south end. The path also runs along the Wailuā Golf Course property adjacent to Kūhiō Highway. iv. Will the proposed development affect an existing public access to or along the shoreline? a. No existing public access to or along the shoreline will be negatively affected. The purpose of the proposed project is to provide an alternative transportation route for bicyclist and pedestrians to access Kaua‘i’s eastern shoreline areas. The popularity of these areas creates a need to improve existing pathways or create new pathways Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 24 - to provide Kaua‘i residents and visitors (of all ages and mobility levels) with alternative transportation modes to access the shoreline. v. Will the proposed development provide public access to and/or along the shoreline? a. Yes, this project presents opportunities to provide an improved pathway for walkers, joggers, bicyclists, and other non-motorized forms of transportation which need a safe thoroughfare to and along the coastline. vi. Will the proposed development encourage expanded recreational use of County, State, or federally owned or controlled shoreline lands and waters having recreational value? a. Yes, this project presents opportunities for recreational use of Kaua‘i’s eastern shoreline. The proposed path will provide alternative transportation access to many of the popular coastline sites in the project area that are not easily accessible and do not have improved access ways. This alternative route would help bicyclist and pedestrians travel between the Airport, Ahukini Point and Lydgate Park along a pathway that is accessible to a variety of users of differing ages and skill levels. The paths for bicyclists would be consistent with State Department of Transportation (DOT) plans and County of Kaua‘i policies for promoting bicycling and pedestrian modes within the State by providing affordable recreation for persons of all ages and abilities; by providing a safe mode of transportation and recreation; and by providing a means for ecotourism. There is also need to provide supporting facilities for current coastal resources such as comfort stations and parking. vii. Will the development generate point or non-point sources of pollution that will affect recreation value of coastal areas? a. Impacts from non-point source pollution will be minimal because of adjacent landscaping and vegetation and use of best management practices during construction. 4.4.2 HISTORICAL RESOURCES Objective: Protect, preserve, and where desirable, restore those natural and man-made historic and pre-historic resources in the Special Management Area that are significant in Hawaiian and American history and culture. i. Is the project site within a Federal, State and/or County designated historical/cultural district? a. No, the project site is not within a Federal, State and/or County designated historical/cultural district. ii. Is the project site listed on or nominated to the Hawai‘i or National Register of Historic Places? a. Along the proposed project path are three (3) sites registered to the State Inventory of Historic Places. These sites include: i. SIHP 50-30-08-1845: Hanamā‘ulu Railroad Bridge Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 25 - ii. SIHP 50-30-08-1846: Historic concrete box culvert associated with sugar cane production iii. SIHP 50-30-08-103: Human remains reinternment site at Wailuā Golf Course iii. Does the project site include land(s) which have not been previously surveyed by an archaeologist? a. It is possible that the proposed path contains land(s) that have not been previously surveyed by an archaeologist, however Scientific Consultant Services, Inc. (SCS) prepared an Archaeological Condition Report for the project in consultation with SHPD, as included in the FEA. The report identifies the known State Historic sites, and outlines tasks required for the project, per SHPD consultation. iv. If an archaeological survey has been conducted for the project site, has the survey been submitted to the State Historic Preservation Office for review and recommendations? a. Section 106 Consultation was completed with SHPD. Historic properties were identified through consultation with agencies and native Hawaiians to identify sensitive places, sites and areas along the proposed path. The FHWA requested the SHPO concurrence with their Section 106 “No Adverse Effect” determination for the project, in which the SHPO concurred in a letter dated June 28, 2018. v. Has any site survey revealed any information on historic or archaeological resources? a. The Archaeological Condition Report prepared by SCS identified known State Historic Sites, including sites 103, 1845 and 1846. vi. Is the project site within or near a Hawaiian fishpond? a. The proposed project site does not traverse within or near a Hawaiian fishpond. vii. Is the project located within or near a historic settlement area? (Cemeteries, burials, heiaus, etc.) a. A human remains reinternment site at Wailuā Golf Course (SIHP 50-30-08-103) is located near the proposed path. This is the site where remains are interred resulting from the construction of the Wailuā golf course. The proposed path is expected to traverse at least 30 feet from the internment site and will not have an adverse impact on it. 4.4.3 SCENIC & OPEN SPACE RESOURCES Objective: Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. i. Does the project site abut or affect a valued scenic resource or landmark within the SMA? a. The proposed path is not within any scenic corridors, open space acquisition priorities or preserves areas, as identified on the Līhu‘e Heritage Resource Map in the 2018 Kaua‘i County General Plan. The boundary between Kūhiō Highway and the Wailuā Golf Course is already separated by an abundance of trees, which reduce, if not eliminate, any view of the path and safety fence from the highway. Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 26 - Views from the golf course to the path and safety fence will be partially mitigated through placement of the proposed amenity through existing vegetation and by planting shrubs and trees on the golf course side of the safety fence. The existing bridges will have safety railing additions to them that could only block minimal specific heights for views. However, safe, non-motorized access along the proposed path corridor and accessibility for persons with disabilities will extend access to the many scenic viewpoints along the corridor to more people that would regularly have access to such views if the path were not built. ii. Does the proposed development affect existing shoreline open space and scenic resources? a. The proposed path is not expected to affect existing shoreline open space or scenic resources. iii. Does the proposed development involve alteration to natural landforms and existing public views to and along the shoreline? a. The proposed path does not alter any existing natural landforms. The path is also not a coastal alignment, therefore existing public views to and along the shoreline will not be affected. iv. Is the project compatible with the visual environment? a. According to the Līhu‘e Heritage Resource Map, the proposed path will traverse through areas identified as state and county parks (Ahukini State Recreational Pier, Hanamā‘ulu Beach Park and Wailuā Golf Course) and sand dunes (Wailuā Golf Course). The proposed path alignment is not expected to have significant negative impacts on the visual environment. The flat corridor will not intrude on the surroundings but will provide greater opportunities for the public to experience and appreciate the natural environment. In order to minimize any visual impact along the corridor, the path will be constructed with materials and colors that blend into the natural environment whenever possible. v. Does the proposed action involve the construction of structures visible between the nearest coastal roadway and the shoreline? a. Safety rails will be placed along the proposed path at the two existing bridges, and safety fencing will be placed between the golf course fairways and the path. These vertical additions will provide minimal visual impairments compared to the safety elements they provide to the users. Views from the golf course to the path and safety fence will be partially mitigated by the placement of the path traversing through existing vegetation, and by planting shrubs and trees on the golf course side of the safety fence. vi. Is the project site within the Shoreline Setback Area (20 or 40 feet inland from the shoreline)? a. The beginning of the proposed path at Ahukini Point, and a portion of the path that runs along the north side of Hanamā‘ulu Bay may be within the Shoreline Setback Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 27 - Area. DPW will be submitting a Shoreline Setback Variance application for the project in compliance with the Kaua‘i County Code 1987 § 8-27.9. 4.4.4 COASTAL ECOSYSTEMS Objective: Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems. i. Is the project site a habitat for endangered species of flora and fauna? a. The proposed path does not traverse through any endangered plant species’ habitat. b. The proposed path is not a coastal alignment, therefore the Hawaiian Monk Seal’s habitat will not be affected. Areas of concern regarding the nesting Wedge-tailed Shearwater’s habitat will be surveyed, and if colonies are found, the path will be redirected along cane haul roads. To minimize the potential for disorienting listed seabirds and bats, shielded lighting on the shortest poles possible will be provided at the comfort stations. The County will work with the DLNR, DOFAW on two interpretative and two regulatory seabird signs that uses DOFAW provided text and graphics. ii. Will the proposed development adversely affect valuable coastal ecosystems of significant biological or economic importance? a. The proposed path is not along the coast, and therefore will not affect coastal ecosystems. iii. Will the proposed involve disruption or degradation of coastal water ecosystems through stream diversions, channelization, and similar land and water uses? a. The existing Hanamā‘ulu Railroad Bridge and an existing concrete boxc culvert will be used as bridges for the proposed path, and will not impede upon the hydrologic flow of water. The existing bridge over Hanamā‘ulu Stream will be used for the proposed path alignment, and will not impact its current condition. iv. Will the proposed development include the construction of special waste treatment facilities, such as injection wells, discharge pipes, septic tank systems or cesspools? a. The proposed project will include three new comfort stations. The waste from these comfort stations will use septic tanks and leach fields. v. Is there a wetland on the project site? a. The proposed path crosses through wetland areas near Hanamā‘ulu Beach and Kaua‘i Beach Road. Within the wetland area near Kaua‘i Beach Road, it is proposed that a culvert be replaced over a ditch which is adjacent to the road. In 2009 a letter was submitted requesting a Jurisdictional Determination (JD) from the Army Corps of Engineers (ACOE). According to the letter, the project will be required to get an approved Department of Army (DA) Permit under Section 404 of the Clean Water Act prior to construction. vi. Is the project site situated in or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary? Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 28 - a. The proposed path does not traverse through or abut a Natural Area Reserve or Wildlife Refuge or Sanctuary. 4.4.5 ECONOMIC USES Objective: Provide public or private facilities and improvements important to the State’s economy in suitable locations. i. Does the project involve a harbor or port? a. The proposed path does not traverse any existing harbors or ports. ii. Is the proposed development related to or near to an existing major hotel, multi-family, or condominium project? a. The proposed path will follow Kaua‘i Beach Road, which is directly adjacent to the Kaua‘i Beach Villas and the Aqua Kaua‘i Beach Resort hotels. It will provide visitors with access to alternative transportation routes and areas along the path. iii. Does the project site include agricultural lands designated for such use? a. The proposed path traverses through land designated under the State Land Use Agricultural District located near the Kaua‘i Beach Resort and Kaua‘i Beach Villas hotels, and along Kūhiō Highway and the Wailuā Golf Course. The Kaua‘i Land Use Map in the 2018 Kaua‘i County General Plan identifies lands near the hotels, namely a portion of TMK (4) 3-7-003:001, as Agricultural lands. iv. Does the proposed development relate to commercial fishing or seafood production? a. No, the project does not relate to commercial fishing or seafood production. 4.4.6 COASTAL HAZARDS Objective: Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence. i. Is the project site within a potential tsunami inundated area as depicted on the National Flood Insurance Rate maps (FIRM)? a. A majority of the proposed path is within the tsunami inundation zone, except for the portion of the path that traverses the Wailuā Golf Course. Mitigation measures should include signage in hazardous areas, which would warn path users of potential coastal hazards such as tsunamis or flooding. ii. Is the project site within a potential flood inundation area according to a FIRM? a. Most of the proposed path is outside of the .2% annual chance floodplain, or Zone X, as identified in the FIRM. The path crosses through areas designated as Zone AE near Hanamā‘ulu Beach and Kaua‘i Beach Road. Areas of the path that traverse through Zone AE will be elevated and built with construction techniques and materials that are floodable. The proposed comfort stations will be built above the flood zones. iii. Does the project comply with the requirements of the Federal Flood Insurance Program? Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application - 29 - a. Yes. iv. Has the project site or nearby shoreline areas experienced shoreline erosion? a. The Kaua‘i Shoreline Study Erosion Maps indicate that the Nukolii study area experiences erosion at an average rate of -0.9 ft/yr., and the Lydgate study area experiences erosion at an average rate of -0.4 ft/yr. v. Has any seawalls/revetments/etc. been constructed or exist in the immediate vicinity? a. Seawalls, revetments, etc. are not located in the immediate vicinity of the path. 4.5 EVALUATION OF THE IMPACTS WHICH CANNOT BE AVOIDED AND MITIGATING MEASURES PROPOSED TO MINIMIZE THAT IMPACT: Probable impacts and mitigations measures are discussed in Section 4.0 of the FEA, included in Appendix B. 4.6 EVALUATION OF THE PROPOSED DEVELOPMENT RELATIVE TO SECTION 4.0 OF THE SMA RULES AND REGULATIONS IN ACCORDANCE WITH THE FOLLOWING ASPECTS: i. Substantial adverse environmental or ecological effects; a. The project will not have any substantial adverse environmental or ecological effects, per the FONSI determination of the FEA, which is discussed in Section 6.0 of the FEA included in Appendix B. ii. Consistency or compliance of the proposed development relative to the goals and objective of Chapter 205A, HRS; and Section 3.0 of the SMA Rules and Regulations; and a. The project’s relation and compliance with the goals and objective of Chapter 205A, HRS and Section 3.0 of the SMA Rules and Regulations is discussed in section 4.4 of this application. iii. Consistency or compliance of the proposed development relative to the County General Plan, Development Plan, and Zoning Ordinances a. The project’s relation and compliance with the Kaua‘i County General Plan 2018, the Līhu‘e Community Plan (2015) and the CZO is discussed in sections 2.3, 2.4 and 2.5. -end- Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application Appendix Appendix A: Certified Shoreline Survey Map Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application Appendix Appendix B: Ahukini to Lydgate Bicycle/Pedestrian Path Final Environmental Assessment - June 2016 AHUKINI to LYDGATE Bicycle / Pedestrian Path STP-0700 (51) FINAL ENVIRONMENTAL ASSESSMENT County of Kauai Department of Public Works JUNE 2016 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path This Page Left Intentionally Blank FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path This Page Left Intentionally Blank FINAL ENVIRONMENTAL ASSESSMENT 1.0 INTRODUCTION 2 2 Land Use Classifications 1-71.9 List of Commitments 2.0 TECHNICAL CHARACTERISTICS 3.0 AFFECTED ENVIRONMENT 2 9 3 1 3 3 4.0 IMPACTS AND MITIGATION MEASURES 3 5.0 ALTERNATIVES TO THE PROPOSED ACTION 1 2 3 4 5 6.0 DETERMINATION 7.0 CONSULTATIONS AND PUBLIC MEETINGS 8.0 REFERENCES 8-1 APPENDICES APPENDIX A National Historic Preservation Act, Section 106 Consultation Endangered Species Act (ESA), Section 7 Consultation Coastal Zone Management Act SMA Map APPENDIX B Meeting Minutes APPENDIX C Comments received from the Draft Environmental Assessment and Consultant Response Distribution List APPENDIX D Archeological Conditions Report Archaeological Monitoring Report Preliminary Geotechnical Report Geological Status of the Shoreline Report Structural Report APPENDIX E Alternate Alignment Maps 1- 6 APPENDIX F Location Map APPENDIX G Estimate of Probable Construction Costs APPENDIX H Maintenance Plan TABLES AND FIGURES Table 1. Summary of Comments to Alternative Alignments 5-5 Table 2. Summary of Comments to Sub-alternative Alignments 5-8 Figure 2a. Elevation of the proposed comfort station at Ahukini Point 2-5 Figure 3a. Elevated Bridge/Ramp 2-6 Figure 4a. Proposed Hanama'ulu Bridge retrofit 2-10 Figure 5a. Cross section of ramp 2-11 Figure 7a. Retrofit of box culvert 2-19 Figure 9a. Typical section along the drainage canal 2-23 Figure 9b. Typical section along the drainage canal at the #5 tee box 2-24 Figure 10a.. Existing conditions at golf course parking lot 2-26 Figure 10b. Proposed improvements to parking lot 2-26 Figure 10c. Typical section at Pump House 2-30 Figure 10d. Typical section at the 12th BlackTee Box 2-33 Figure 11. Preferred Alignment Map 2-36 FINAL ENVIRONMENTAL ASSESSMENT ACRONYMS Ahukini to Lydgate Park Bicycle/Pedestrian Path i ACOE Army Corps of Engineers APE Area of Potential Effect CFR Code of Federal Regulations CMU Concrete Masonry Units CWA Clean Water Act CZM Department of Business, Economic Development and Tourism, Office of Planning, Coastal Zone Management Program CZMA Coastal Zone Management Act DA Department of Army DAR Department of Land and Natural Resources, Division of Aquatic Resources DEA Draft Environmental Assessment DHHL Department of Hawaiian Homelands DLNR Department of Land and Natural Resources DOCARE Department of Land and Natural Resources, Division of Conservation and Resources Enforcement DOFAW Department of Land and Natural Resources, Division of Forestry and Wildlife DOH State of Hawai‘i Department of Health DPR Department of Parks and Recreation DPW Department of Public Works EIS Environmental Impact Statement EPA U.S. Environmental Protection Agency ESA Endangered Species Act FEA Final Environmental Assessment FEMA Federal Emergency Management Agency FHWA Federal Highway Administration FIRM Flood Insurance Rate Map FONSI Finding of No Significant Impact HAR Hawaii Administrative Rules HDOT State of Hawai‘i Department of Transportation HEER State of Hawai‘i Department of Health Hazard Evaluation and Emergency Response HRS Hawai‘i Revised Statues HUD U.S. Department of Housing and Urban Development ISST State of Hawai‘i Department of Health Initial Site Screening Team JD Jurisdictional Determination KHPRC Kaua‘i Historic Preservation Review Committee LUC Land Use Commission LWCF Land and Water Conservation Fund MSAT Mobile Source Air Toxins NEPA National Environmental Policy Act NHO Native Hawaiian Organizations NPDES National Pollutant Discharge Elimination System NPS U.S. National Park Service NTBG National Tropical Botanical Garden NHHPC Native Hawaiian Historic Preservation Council NHPA National Historic Preservation Act NOAA National Oceanic and Atmospheric Administration OEQC Office of Environmental Quality Control OHA Office of Hawaiian Affairs PIERC U.S. Geological Survey, Biological Resources Division, Pacific Island Ecosystems Research Center SHPD Department of Land and Natural Resources, State Historic Preservation Division FINAL ENVIRONMENTAL ASSESSMENT ACRONYMS Ahukini to Lydgate Park Bicycle/Pedestrian Path ii SMA Special Management Area SRP Ahukini State Recreation Pier TE Transportation Enhancement TEA Transportation Equity Act TMDL Total Maximum Daily Load TMK Tax Map Key TSA Transportation Security Administration UBC Uniform Building Code USFWS U.S. Fish and Wildlife Service UST Underground Storage Tanks VMT Vehicle Miles Traveled FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path This Page Left Intentionally Blank FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 1 Ahukini to Lydgate Park Bicycle/Pedestrian Path Introduction Page 1-1 1.0 INTRODUCTION 1.1 Proposing Agency The action is proposed by the County of Kaua‘i Department of Public Works. 1.2 Approving Agencies of the Environmental Assessment The County of Kaua‘i Department of Public Works and the State of Hawaiʻi Department of Transportation will accept the Environmental Assessment under the state environmental review process. The Federal Highway Administration (FHWA) will serve as the lead federal agency that will ensure that the Environmental Assessment complies with National Environmental Policy Act (NEPA) documentation and processes. 1.3 Purpose and Need for Action Kauai’s ocean and coastline are frequently visited areas for recreational activities and gatherings, especially during weekends and holidays. The popularity of these areas creates a need to improve existing pathways or create new pathways to provide Kaua‘i residents and visitors with alternative transportation modes to access the shoreline. This project presents opportunities to provide an improved pathway for walkers, joggers, bicyclists, and other non-motorized forms of transportation which need a safe thoroughfare to and along the coastline. The purpose of the proposed project, referred to as “Ahukini to Lydgate Park Bicycle and Pedestrian Path,” is to provide a shared-use bicycle and pedestrian path for residents and visitors to Kaua‘i. The path will begin at Ahukini Point and will end by connecting with an existing path to the north at Lydgate Park, covering a distance of approximately 6.7 miles. Construction of this path will be a key segment of the Nawiliwili to Anahola Bike and Pedestrian Path proposed in the 1994 State of Hawaiʻi Master Plan – Bike Plan Hawaiʻi. The rising costs of fuel and transportation have increased public interest in bicycling, however bicyclists have limited or no riding space in the project area. In addition, many of the popular coastline sites in the project area are not easily accessible and do not have improved access ways. The path will provide an alternative transportation route for bicyclist and pedestrians besides Kūhiō Highway. This alternative route would help bicyclist and pedestrians travel between the Airport, Ahukini Point and Lydgate Park along a pathway that is accessible to a variety of users of differing ages and skill levels. The paths for bicyclists would be consistent with County and State DOT plans for promoting bicycling within the State. This shared-use bicycle and pedestrian facility will meet the following needs for residents and visitors to Kaua‘i by providing an alternative form of transportation to the automobile, thereby reducing fuel consumption, pollution, roadway congestion and the need for parking lots; by providing affordable recreation for persons of all ages and abilities; by providing a safe mode of transportation and recreation; and by providing a means for ecotourism. There is also need to provide supporting facilities for current coastal resources. Implementing this project creates an opportunity to provide supporting facilities within the project area such as comfort stations and parking. The objectives of the project are to design a 10’ wide path that can be constructed using various low maintenance materials such as concrete, composite plastics, stainless steel, etc. Other design elements include: •3 comfort stations •Restoration of two historical bridges •Improvements to the parking lot at Marine Camp •Improvements to the entranceway and lower parking lot at the Wailua Golf Course FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 1 Ahukini to Lydgate Park Bicycle/Pedestrian Path Introduction 1.4 State and Federal Involvement Funding for this project will come from two sources: The Federal Highway Administration (FHWA) and the County of Kaua‘i. The use of County funds and jurisdictional lands for the project requires a state review process, specifically the environmental documentation requirements prescribed under Hawaii Revised Statutes Chapter 343, Environmental Impact Statements, Hawaii Revised Statutes (as amended) and Title 11, Chapter 200 (Environmental Impact Statement Rules) of the Department of Health’s Hawaii Administrative Rules (as amended, State of Hawaiʻi 1996). The use of federal FHWA funds requires that the project undergo a federal review process as prescribed under the National Environmental Policy Act (NEPA). The federal review process under NEPA involves the FHWA’s review of the project to determine if a categorical exclusion, environmental assessment, or environmental impact statement is warranted for this project under the National Environmental Policy Act, and 23 CFR 771. The County of Kauai is currently in the process of addressing the NEPA compliance requirements for the project with FHWA and HDOT. Consultations conducted with Federal Agencies are included in Appendix A. 1.5 Process and Purpose of the Final Environmental Assessment The Final Environmental Assessment (FEA) is a product that is derived from the draft environmental assessment (DEA) process, which takes into account the environmental, cultural, and socioeconomic effects that would be caused by implementing a project. The DEA was prepared to satisfy State Regulatory Requirements. The DEA examined the project corridor, the alternative alignment routes, and the impacts associated with the different options. The publication of the DEA was published in the Office of Environmental Quality Control (OEQC) Environmental Notice. In addition, copies were sent to libraries, regulatory agencies, land owners, and other organizations with a request for comments (see Appendix C). All received comments and the responses to each are included in this Final Environmental Assessment (FEA) document (see Appendix C) The FEA discloses the impacts, mitigation measures, and permitting processes that would be associated with the preferred alignment. Environmental review for this project was necessary for the following reasons: The project proposes the use of public lands The project proposes the use of public funds The project proposes the use of land that is designated Conservation Land The project proposes development within the Special Management Area (SMA) The project proposes to repurpose a historical bridge The project proposes the use of archaeologically recognized areas The environmental review process determines what level of impact the project will have on the environment. There are three levels of impact and associated courses of action of each that can be determined from the environmental review process, including: Categorical Exclusion-the project proposes actions that do not individually or cumulatively have a significant environmental effect. Finding Of No Significant Impact (FONSI)-the project does not have a “significant” impact to the environment. An Environmental Assessment (EA) is prepared and is to be used as the formal environmental review document. Significant Impact-the project has a “significant” impact to the environment. An Environmental Impact Statement and Record of Decision (ROD) is prepared. The FEA is also used to determine if there is a significant impact on the environment and may result in either a Finding Of No Significant Impact (FONSI) or an Environmental Impact Statement (EIS) and Record of Decision (ROD). A FONSI is rendered for this project under the state HRS 343 review process. A 30-day challenge period is opened following the OEQC’s notice of availability of a FEA/FONSI. Section 1.6 outlines the State environmental review process steps. Page 1-2 FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 1 Ahukini to Lydgate Park Bicycle/Pedestrian Path Introduction Page 1-3 1.6 Steps in the Environmental Review Process Proposed Project  Agency (County, State, & Federal) consultation and assessment  Start of HRS §343 EA  Agency (County and State) anticipates an HRS §343 FONSI  Agency (County) consults with community, experts, and other agencies  Pre‐Draft HRS §343 EA reviewed and accepted by Agency (County & State) with determination  of an anticipated FONSI  Draft HRS §343 EA submitted to and published by OEQC  30 day comment period   Pre‐Final HRS §343 EA reviewed and accepted by Agency (County)  HRS §343 Final EA and FONSI   submitted to and published by OEQC  30 day challenge period  FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 1 Ahukini to Lydgate Park Bicycle/Pedestrian Path Introduction Page 1-4 1.7 Coordinating Agencies 1.7.1 Federal: 1.7.1.1 Federal Highway Administration Administers the funding for Transportation Enhancements (TE) projects, and coordinates with all federal, state, and local governmental offices. 1.7.1.2 U.S. Environmental Protection Agency (EPA) Reviews permits under the ten comprehensive environmental protection laws to include the Clean Air and Water Acts, and the Marine Protection, Research, and Sanctuaries Act. 1.7.1.3 U.S. Army Corps of Engineers Reviews permits for dredging and filling activities in wetlands and waters of the US. 1.7.1.4 U.S. Department of the Interior, U.S. Fish & Wildlife Service, Ecological Services Performs formal and informal consultation under Section 7 of the Endangered Species Act (ESA) as it relates to land and freshwater organisms, reviews Federal, state and local permits and license applications, environmental assessments and impact statements, general plans and land use amendments, clearinghouse reviews, water quality certifications, and issues regarding fish and wildlife resource study methods and design. 1.7.1.5 National Oceanic and Atmospheric Administration (NOAA) Performs formal and informal consultation under Section 7 of the Endangered Species Act as it relates to marine and anadromous organisms. 1.7.1.6 U.S. Department of Housing and Urban Development (HUD) Reviews EIS’ initiated under NEPA or Chapter 343. HUD review is not required for a NEPA EA. 1.7.1.7 U.S. Department of Agriculture, Natural Resources Conservation Service Works with county, state, and federal agencies as well as with Hawaiʻi’s 16 Soil and Water Conservation Districts to prevent soil erosion and water contamination, and to improve water quality and quantity, soil productivity, wetlands ecosystems, and wildlife habitats. 1.7.1.8 U.S. Geological Survey, Biological Resources Division, Pacific Island Ecosystems Research Center (PIERC) Reviews and gives technical assistance, relating to conservation of indigenous biological resources occurring within the cultural, sociological, political and environmental environs of all lands and islands under US jurisdiction in the Pacific Basin. 1.7.2 State: 1.7.2.1 Department of Land and Natural Resources Reviews all Conservation District Use permits, and includes the following divisions: Engineering Division Submit permits relating to Water Resources management, mineral resources, flood prevention, and control or water development. Land Management Division Submit any permits related to State Owned Lands that are not set aside for use by other governmental agencies. This is the office of record and maintains a central repository of all government documents dating back to the Great Mahele of 1848. Aquatic Resources Division (DAR) Reviews all permits relative to pelagic, reef, and inshore aquatic resources protection and enhancement programs. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 1 Ahukini to Lydgate Park Bicycle/Pedestrian Path Introduction Page 1-5 Forestry and Wildlife Division (DOFAW) Consults on issues relating to forest reserves, public hunting, wildlife sanctuaries, commercial forestry on State lands, endangered species protection and management, and provides information on natural resources. State Historic Preservation Division (SHPD) Reviews all proposed projects for any effects they might have on historic properties. Can assist with the statewide inventory of properties on historical, architectural or cultural importance, and coordinates the Burial Sites Program and Historic Preserves Program. Any human remains that are unearthed are reported to this office. 1.7.2.2 State Department of Transportation, Statewide Transportation Planning Office Reviews and coordinates any intergovernmental endorsements and approvals, integrating established plans and parameters and groundwork for the implementation of transportation plans. 1.7.2.3 Environmental Center (University of Hawaiʻi) Reviews Environmental Impact Statements, applications for various environmental pollution management permits, proposed environmental legislation and regulations, and various state and federal plans which may have environmental implications. 1.7.2.4 Department of Health, Environmental Planning Office Assists with planning services, maintains environmental plans, land use, environmental education and public information programs. 1.7.2.5 Office of Environment and Quality Control Reviews Draft EAs and Final EAs. 1.7.2.6 Department of Business, Economic Development and Tourism Includes the following divisions: Land Use Commission Reviews any petitions to change land uses Office of Planning, Coastal Zone Management Program (CZM) Reviews any permits relating to coastal issues to ensure consistency in actions that can impact the coastal zone Office of Planning, Land Use Division Reviews any issues relating to land use policies of the State of Hawaiʻi 1.7.2.7 Disability and Communication Access Board Enforces and reviews ADA compliance. In particular “All buildings, facilities, and sites shall conform to applicable federal, state, and county accessibility guidelines and standards. Hawai’i Revised Statutes 103- 50 requires all State of Hawai’i or County governments’ buildings, facilities and sites to be designed and constructed to conform to the Americans with Disabilities Act Accessibility Guidelines, the Federal Fair Housing Amendments Act, and other applicable design standards as adopted and amended by the Disability and Communication Access Board. The law further requires all plans and specifications prepared for the construction of State of Hawaiʻi or County government buildings, facilities, and sites to be reviewed by the Disability and Communication Access Board for conformance to those guidelines and standards.” FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 1 Ahukini to Lydgate Park Bicycle/Pedestrian Path Introduction Page 1-6 1.7.3 County: 1.7.3.1 Kaua‘i Planning Department and Planning Commission Reviews all land-use related permits relating to zoning, shoreline setback variances, and special management area permits. 1.7.3.2 Kaua‘i Historic Preservation Review Commission Reviews and provides recommendations on various aspects of archeological and building design review of historic resources and in-fill development. 1.7.3.3 Kaua‘i County Council The Kaua‘i County Council is the legislative branch of Kaua‘i County government. Authority includes approval of land acquisitions and acceptance of grant funds. 1.7.3.4 Kaua‘i Department of Public Works Coordinating and approving agency for this project. 1.7.3.5 Kaua‘i Department of Water Reviews Draft EA and Final EA for issues relating to water. 1.7.3.6 Kaua‘i Police Department Reviews path plan to ensure that police patrolling and emergency response access is adequate along the path corridor. 1.7.3.7 Kaua‘i Fire Department Reviews path plan to determine if emergency response access has been provided along the path corridor. 1.8 Project Summary 1.8.1 Project Name Ahukini to Lydgate Park Bicycle and Pedestrian Path. 1.8.2 Proposing Agency The proposing agency is the County of Kaua‘i Department of Public Works. 1.8.3 Tax Map Key Numbers 3-05-00, 3-05-01, 3-07-00, 3-07-02, 3-07-03, 3-09-00, 3-09-02, 3-09-05, 3-09-06 1.8.4 Determination A Finding Of No Significant Impact (FONSI) is determined for this project. The path will be aligned in areas with minimal impact, including existing roads, highways and social trails. The habitats of endangered or threatened species will not be affected by the construction or use of this project. Construction of the path or any design elements will not occur within the designated Shoreline Setback Area (within 40’ of the certified shoreline). The use of historical and archeological resources will undergo the necessary consultation process. All actions are determined to result in no significant impact. 1.8.5 Land Use Cl assifications 1.8.5.1 State Designations The State Land Use Commission has the right to classify all lands in the State of Hawaiʻi, as stated in Chapter 205 and 205A, HRD and Chapter 15-15, Hawaii Administrative Rules (HAR). Land falls into one FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 1 Ahukini to Lydgate Park Bicycle/Pedestrian Path Introduction Page 1-7 of four categories: Conservation, Urban, Rural, or Agriculture. Most of the lands of the corridor fall into the Conservation Zone. Areas that are zoned urban include the land mauka of the conservation zone on the Ocean Bay Plantation property, and the area behind Hanamaʻulu Beach Park that is owned by Grove Farms. 1.8.5.2 County Designations The land on the County of Kaua‘i is divided into the following categories: residential, resort, commercial, industrial, agricultural, open, special treatment, or constraint areas. Most of the corridor falls into conservation. Zoning at the Radisson property is urban. The area mauka of the conservation zone on the Ocean Bay Plantation property is zoned open-scenic ecological resources. 1.8.5.3 Special Designations Special Management Areas (SMA) are located along the corridor, including from Ahukini Point to the existing Motocross Park. At the Motocross Park, a sub-route of the path diverts to Marine Camp which is also included in the SMA boundary. The main path connection to Lydgate Park at Nehe Road is also included in the SMA boundary. 1.8.6 County General Pl an The County of Kaua‘i in 2000 revised and adopted the General Plan. This Plan considers long-range planning, development, protection of scenic views, conservation and other resources. The following are issues relative to this adopted General Plan that this project supports and/or exhibits: Scenic Views The County seeks to preserve scenic views and public resources in administering land use regulations. Scenic views with a high degree of intactness or vividness shall be protected. The scenic qualities of mountains, hills or other elevated sites shall be protected. The lowlands and open spaces, to include the shoreline, marshes, fishponds, bluffs overlooking the coast, historic or cultural properties shall be protected. Historic and Archaeological Sites The County seeks to preserve historic and archaeological sites and provide buffers in between them and other uses abutting them, and to provide pedestrian access to the sites, where appropriate. Visitor Activities, Parks, & Natural Areas Policies To manage parks, resources, streams, beaches and other areas to conserve resources, encourage and provide for access to these areas, and to allow for group use. In addition, the plan strives to enhance the visitor experience and provide jobs to residents, and to interpret natural areas, historic and archaeological sites, and cultural activities, and to maintain and manage these facilities. Open Lands Policies Areas designated as Open, shall be protected to maintain or enhance the characteristics of the land. These lands can be coastal bluffs, stream valleys, native plant and wildlife habitats, and archaeological resources. Scenic Roadway Corridors Policies Scenic Roadway Corridors shall receive such designation to conserve the open space and scenic qualities and views along the most heavily traveled roadways. Bikeways The County wants to support and develop a bikeway system to provide for transportation, recreation and activities that are alternatives to vehicles. This project does not require any variances or action contrary to these policies and objectives adopted by the County. 1.9 List of Commitments Many different stakeholders were consulted throughout the writing of this Final Environmental Assessment and associated processes. Through discussions with government agencies, community members, Native FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 1 Ahukini to Lydgate Park Bicycle/Pedestrian Path Introduction Page 1-8 Hawaiian Organizations, adjacent landowners, and other interested parties a list of commitments is included in this Final Environmental Assessment as commitments by the County Public Works Department. WAILUA GOLF COURSE Wailua Golf Course personnel will be consulted during all phases of the design process The public will be provided the opportunity to review and comment on proposed design solutions A designer with golf course experience will be part of the design team There will be no loss of fairways Safety will be improved for automobiles turning into and out of the golf course parking lot The aesthetics of the golf course entrance will be improved with a new entrance sign and lower parking lot, plus new landscaping, paving and fencing The reconstruction of the Wailua Golf Course parking lot will be funded to include grading, paving, striping, and signage There will be no net loss of parking stalls at the Wailua Golf Course parking lot Wailua Golf Course overflow parking will be provided for Signs will be placed that state that the golf course in to a parking access location for the shared use path Horses will be banned from the golf course reach of the path Measures will be taken to prevent people from illegally accessing the golf course A guardrail will be placed along Kuhio Highway where appropriate to prevent automobiles from driving onto the path and golf course Visual and noise pollution from Kuhio Highway will be reduced Construction fencing and an approved construction staging and phasing plan will minimize the negative impact to the golf course during construction PATH SIGNAGE The County of Kaua‘i will work with DOFAW on two interpretative signs and two regulatory seabird signs using DOFAW provided text and graphics Educational signage will be incorporated where appropriate to inform the public of the marine environment and the species that live there. Educational signage will also include wildlife viewing guidelines as part of the County of Kaua‘i’s interpretive sign program titled “Sign Requirements for Proposed Bikeway/Walkway” Signage reflecting all rules for the shared use path will be posted MAINTENANCE A Maintenance Plan for the facility has been drafted and is included as Appendix H in this report Construction materials that minimize maintenance will be used LANDSCAPING AND TREES The path will be routed around any major trees whenever possible, avoiding the drip line Trees that are one-foot or greater will be moved to a nearby location if they cannot be avoided Any tree moving within known nesting areas will be done in consultation with DOFAW to determine whether or not nesting burrows are near the affected trees Landscaping buffers, where appropriate, will be placed on the golf course side of the fencing New plants will be irrigated until they are established Areas disturbed by construction will be re-vegetated as soon as possible after construction of each area Native plants will be used for new plantings where this is feasible FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 1 Ahukini to Lydgate Park Bicycle/Pedestrian Path Introduction Page 1-9 LISTED SEABIRDS AND WATERBIRDS No outdoor lights will be installed along the path In order to minimize the potential for disorienting listed seabirds and minimizing collision of listed seabirds and bats with light poles, lighting at the comfort stations will be shielded lighting mounted on the shortest poles possible that do not extend above the height of the existing vegetation In order to minimize the effect of the proposed project on listed waterbirds, disturbance from construction and increased human activity along the proposed path will be kept to a minimum AHUKINI STATE RECREATION PIER AND COMFORT STATION An assessment of additional parking needs created by the proposed path at Ahukini State Recreation Pier (SRP) will be completed in the design phase DLNR State Parks will manage any user conflicts between park and path users on an as- needed basis DLNR State Parks will own and manage the new comfort station at Ahukini SRP Septic system for new comfort station at Ahukini SRP will require a leach field HISTORIC PRESERVATION To protect the historic character of Hanama‘ulu Cane Haul Bridge (Site number -1845), work to the bridge will be as minimal as possible and will include structural repairs as well as handrails and other public safety features The historical concrete box culvert structure (Site number -1846) will be left intact; additions will be minimal, including deck pavement with concrete and safety railings NATIVE HAWAIIAN ORGANIZATIONS The design team is to work with the Office of Hawaiian Affairs (OHA), State of Hawai‘i Department of Hawaiian Homelands, local Hawaiians, the Kaua‘i/Ni‘ihau Island Burial Council, and whomever OHA recommends so that the needs and wishes of the Native Hawaiians are better understood. ARCHAEOLOGY The Archaeological Monitoring Plan will be the primary form of mitigation to address the presence/absence of sites not previously identified along the path corridor INTERMENT SITE There will be a 30-foot buffer around the interment site FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-1 2.0 Technical Characteristics PREFERED PATH ALIGNMENT ACTION (Refer to Alternative Alignment Map at the end of this Chapter and in Appendix E) The Preferred Path Alignment Alternative is approximately 6.7 miles in length. The proposed path ranges from ten feet wide to 12 feet wide (12 foot width preferred), depending on cost considerations and the available land to accommodate the path. The required easement for the path will be a minimum of 16-18 feet wide (add three foot wide shoulders on each side o f the path). The maximum width required for the path will depend on the amount of grading disturbance required to construct the path and proposed path amenities that are desired along the path such as pocket parks, scenic overlooks, comfort stations, etc. Construction materials for the path vary from concrete to wooden or plastic composite materials, depending on durability and cost. In addition to the actual path, three comfort stations and path access/trailheads are also planned. The Preferred Path Alignment has been sub-divided into the following 10 sub-reaches: Sub Reach One - Airport An on-street, Shared Road Bicycle Route designation is planned for Ahukini Road, between Ahukini Landing and Kapule Highway (See Photo Points 1a through 1c). The Airport Authority owns the property along the upper ridge of Ahukini Landing. An eight-foot tall security fence is planned to separate the airport property from the path. Photo Point 1a - Ahukini Road just south of Ahukini Landing FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-2 Photo Point 1b - Improved section of Ahukini Road halfway between Ahukini Landing and the airport FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-3 Photo Point 1c - Ahukini Road adjacent to the airport. Kapule Highway is shown in the background. Sub Reach Two - Ahukini Landing The path ends at Ahukini Landing, the southern terminus of this project (See Photo Point 2a). Existing parking will serve as a trailhead and path access location. Ahukini Landing will become a major destination and trailhead for path users. Parking lot improvements will include striping to delineate parking and accessible parking stalls. A ramp will be required in order to make a connection between the upper ridge of the point and the parking lot. Since the elevation change is not significant, there will be little, if any, retaining walls required for the path. A comfort station is proposed for Ahukini Landing (See Photo Point 2b and Figure 2a). Outdoor showers, a septic tank, and leach field sewer system are planned for the comfort station. The leach field will be located underneath the paved parking area. The proposed comfort station would be approximately 20 feet by 24 feet (480 square feet), constructed on a concrete slab on grade makai of the shoreline setback required by the County Planning Department and as determined by the SMA permitting process . The walls of the proposed comfort station will consist of concrete masonry units (CMU) and a wood framed roof with asphalt shingles. The comfort station shall be placed outside of the AE Flood Zone. The approximate cost for the proposed comfort station is $300,000.00. Potable water and electrical supply will come from the airport area. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-4 Photo Point 2a - Ahukini Landing Photo Point 2b - Location of the proposed comfort station at Ahukini Landing FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-5 Figure 2a - Elevation of the proposed comfort station at Ahukini Landing Sub Reach Three - Grove Farms Once the path departs from the proposed Ahukini Landing comfort station and parking area, it will extend mauka long the bay side of an abandoned cane field for a distance of approximately 2,400 lineal feet. Rental car companies currently store cars in the field (See Photo Point 3a). An eight-foot tall security fence is planned for the path in this area in order to keep path users from accessing the rental car lots. From this point the path continues on to an abandoned cane haul road that drops in elevation at a slope of approximately 3 to 5 percent, all of the way to a low-lying area southwest of the Hanama‘ulu Stream and Beach (See Photo Points 3b and 3c). The lower grade area is an abandoned agricultural field characterized by vegetation typical of disturbed sites. No threatened and endangered species, wetlands, or cultural resources were found in this area. The path turns to the north toward the abandoned Hanama‘ulu Railroad Bridge that spans over the Hanama‘ulu Stream and Beach Park access road. Grove Farms owns the Hanamaʻulu Railroad Bridge as well as the low lying property that the path traverses. Heading north, the path would extend off of the north railroad bridge abutment and ramp upward to the bridge deck elevation. The elevation change between the railroad grade and the lower area is approximately 25 – 30 feet, and it appears that the lower area is within the AE Flood Zone . An elevated bridge/ramp structure constructed on spread footings or piles, depending on the soil characteristics in that area (See Figure 3a) is proposed to ramp the path from the low-lying area to the existing Hanamaʻulu Bridge. The preferred path ramp grade is 5%, however, steeper grades in compliance with Outdoor Recreation Accessibility Guidelines may be required. An advantage of the elevated bridge option is that there is little impact on the surrounding vegetation and drainage patterns, as only the footing and/or the piles contact the ground. These footings only occur at selected, on-center distances depending on alignment, construction materials, soil conditions, topography of the area, etc. A budget of approximately $250.00 per square foot area of path ramp/bridge deck should be considered for this option. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-6 Figure 3a. Elevated Bridge/Ramp FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-7 Photo Point 3a – Photo of the abandoned cane filed where rental cars are stored Photo Point 3b – Upper cane haul road on the south edge of Hanamaʻulu Bay FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-8 Photo Point 3c – The existing lower can haul road on the south edge of Hanama‘ulu Bay Sub Reach Four - Hanamaʻulu Railroad Bridge The path continues along the existing, abandoned railroad grade until it reaches the Hanamaʻulu Railroad Bridge (See Photo Points 4a and 4b). The Hanamaʻulu Railroad Bridge spans over the roadway and the Hanamaʻulu River. The path will be constructed on top of the existing railroad bridge. Structural analysis of the bridge indicates that the bridge is structurally sound, but will need some retrofitting and restoration in order to make the bridge safe for pedestrians and cyclists. These efforts would include widening of the deck to a width of 12-feet and adding safety railing (See Figure 4a). Concrete planks would be added to the top of the existing bridge. The planks would be doweled into the existing structure to provide stability. The approximate cost to restore and retrofit the Hanamaʻulu Bridge is $300,000.00. Because of its height relative to the surrounding landscape, views from the bridge are spectacular. A residence currently exists below the north abutment and approach to the bridge. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-9 Photo Point 4a - The Hanamaʻulu Bridge Photo Point 4b – The Hanamaʻulu Bridge FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-10 Figure 4a – Proposed Hanamaʻulu Bridge retrofit Sub Reach Five - Hanamaʻulu Beach Park The path will continue north on the abandoned railroad bed to Hanamaʻulu Beach Park (See Photo Point 5a). In order to obtain access to the railroad grade from the beach park, (an elevation of approximately 25 –30 feet), a 10-foot wide ramp of approximately 800 lineal feet will be required. In order to create a bench for the ramp, structural walls will be needed. Safety railings will be provided on the downhill side of the path. The desired grade of the ramp would be at a 5.0 percent grade, however, steeper grades in compliance with the Outdoor Recreation Accessibility Guidelines may be necessary (See Figure 5a). The ramp will extend to a point near the existing pavilion/comfort station and parking area located on the north end of the beach park. A visual inspection of the existing pavilion/comfort station was conducted resulting in the conclusion that the building is beyond repair (See Photo Point 5b). The inspection found that the foundation appears to be undermined due to water. The wood framed walls and roof also have termite and water damage. Improvements to the pavilion/comfort station would consist of removing the existing structure and constructing a new building to replace the old one. The existing sewer system may be useable but further inspections are required to determine the condition of the sewer pipes, septic system or cesspool, and leach field. Water and electricity are already to the building. The approximate cost to demolish the old pavilion/comfort station and build a new one is approximately $300,000.00. Hanamaʻulu Beach Park will function as a trailhead/path access location as well as a major destination for path users. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-11 Photo Point 5a - Hanamaʻulu Beach Park taken from the Kapule Highway bridge Figure 5a – Cross section of ramp FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-12 Photo Point 5b - Photo of existing comfort station at Hanamaʻulu Beach Park Sub Reach Six - Ocean Bay Plantation Moving north from the historic Hanama’ulu Bridge, the path will follow along the railroad grade for approximately 1,300 lineal feet, gaining elevation up and onto the upper cane haul road located on the Ocean Bay Plantation property. From this point, the path will follow the upper cane haul road that extends along the makai edge of the field (See Photo Point 6a) for approximately 5,600 lineal feet where it will depart the cane haul road to an area through a more scenic landscape (See Photo Points 6b and 6c). The Land Use designation in this area is Conservation Land. From this area, there are panoramic views of the ocean and many trees that provide shade. The U.S. Fish and Wildlife Service (USFWS) recommends that a survey for the wedge-tailed shearwater be conducted during the peak breeding season to determine the location of nesting adults (if any) and to avoid take, move the proposed path alignment to an area where the wedge-tailed shearwaters do not nest (refer to USFWS letter dated May 4, 2007 in Appendix A –Federal Consultations). The State of Hawaiʻi Department of Land and Natural Resources (DLNR) and the consultant jointly conducted a nesting seabird study in July of 2008. The area surveyed is the north side of Hanamaʻulu Bay along the coast and makai of the old sugar cane road to the south of Hilton Lane. Although no seabird nesting sites were observed, the area is a suitable nesting habitat for the Wedge-tailed Shearwater, and nesting Wedge-tailed Shearwaters have been seen in the area in the past (refer to DLNR letter dated October 27, 2008 in Appendix A – Federal Consultations). Recommendations in the letter include appropriate path alignment to avoid known nesting sites, protection of native coastal vegetation, no outdoor lighting along the path, and future consultations with the DLNR during the design, development, and construction phases of the project. As the path extends further to the north, it must decrease in elevation until it meets the existing grade at Hilton Lane. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-13 Photo Point 6a - Existing abandoned cane haul road on the upper bluff Photo Point 6b – Scenic views from the Conservation Lands below the cane field FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-14 Photo Point 6c – Ocean view from the proposed path location within the Conservation Lands Photo Point 6d –North view of cane haul road approximately 100 feet south of Hilton Lane The path will continue north within the Conservation Land, utilizing abandoned cane haul roads (See Photo Point 6d) whenever possible until it comes to Hilton Lane. Before reaching Hilton Lane, the path will need to cross over an un-named drainage ditch just mauka of an existing box culvert (See Photo Point 6e). The U.S. Army Corps of Engineers provided a Jurisdictional Determination (JD) for the proposed ditch FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-15 crossing. In a letter dated July 8, 2009 (see letter in Appendix A), the Corps determined that the ditch was not a navigable water of the U.S., and therefore, a Section 10 Permit is not required. However, a Section 404 Permit and Corps authorization are required prior to any construction of a structure crossing over the ditch. A new concrete box culvert is proposed to span over the existing drainage ditch that is located along the south edge of Hilton Lane and then will continue along the south edge of Hilton Lane (See Photo Point 6f). Photo Point 6e – Abandoned drainage ditch and box culvert. The box culvert will not be utilized for the path. Photo Point 6f - Mauka view of Hilton Lane and location of the proposed path and ditch crossing FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-16 Sub Reach Seven – Hilton Hotel At Hilton Lane, the path extends in two directions; one makai toward the existing comfort station and the other, along the south and mauka edge of Hilton Lane (See Photo Points 6f, 7a, and 7b). The path continues along Hilton Lane on the mauka edge of the road until it reaches Kauai Beach Drive, the main entrance roadway into the Hilton Hotel complex (See Photo Points 7c and 7d). The owner of the roadway and land is planning to install a round-a-bout intersection at this location. The path will go to the mauka edge of the round-a-bout. North of Kauai Beach Drive, the path will follow a dirt road that was once a cane haul road and extend over a concrete box culvert bridge that was also used as a bridge for the cane industry (See Photo Points 7e – 7g). The box culvert will be retrofitted with a new concrete deck and safety railings on each side (See Figure 7a). Photo Point 7a- Makai view along Hilton Lane towards the existing comfort station. The path ends where the existing large boulders are placed. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-17 Photo Point 7b – North view along Hilton Lane. The path will be located on the mauka side of the road. Photo Point 7c – North view of the intersection with Hilton Lane and the Kauai Beach Road (entrance to the Hilton Hotel) where a round-a-bout intersection and an at-grade crossing is proposed. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-18 Photo Point 7d – North view of the abandoned cane haul road Photo Point 7e – North view of the abandoned cane haul road. The box culvert bridge is located 20 feet beyond the pile of debris FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-19 Photo Point 7f – Mauka view of the abandoned box culvert bridge Figure 7a - Retrofit of the box culvert with a new concrete deck and safety railings FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-20 Photo Point 7g – North view of the abandoned cane haul road. Marine Camp Park and the moto- cross course are to the right of the earthen berm located on the right side of the photo. Sub Reach Eight - Marine Camp North of the Radisson Hotel Complex, the path will follow the abandoned cane haul road all of the way to Marine Camp Park (See Photo Points 8a and 8b). Currently, Marine Camp Park is casually used for fishing, accessing the beach, parking cars, and unrestricted dirt bike use. Proposed improvements for this property may include a comfort station (with septic and leach field sewer systems), drinking water, showers, a pay phone and parking. The proposed comfort station would be of the same size and design as the comfort station proposed for Ahukini Point (see Sub Reach Two-Ahukini Point). The parking area will consist of gravel with large boulders used to control vehicle access within the park. The future beach park would be a trailhead/access location to the path system and would be a major destination for path users. Improvements to Marine Camp Park will be placed above the AE Flood Zone. Other potential uses for the site include a junior golf course if the existing MotoCross facility is moved to another location. Heading north from Marine Camp, the path will follow the dirt road access that extends between Kuhio Highway and Marine Camp all of the way to the Wailua Golf Course (See Photo Points 8c and 8d). FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-21 Photo Point 8a - Makai view from the abandoned box culvert bridge and location of the path connection into the park Photo Point 8b – Existing conditions of the Marine Camp Park site FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-22 Photo Point 8c – North view of un-named cane haul road extending to the Marine Camp Park site from Kuhio Highway. The golf course can be seen in the background. Photo Point 8d – North view from the dirt road entrance drive to Marine Camp Park at the south end of the golf course FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-23 Sub Reach Nine – Wailua Golf Course Once the path has crossed into the golf course, it will extend north on the makai side of the drainage ditch and will often be on the same alignment as an informal golf course maintenance road that runs parallel to the drainage ditch (See Photo Point 9a) and continue mauka of the 4 th green, 5th tee, 6th green, 7th fairway and the 9th fairway and makai of the drainage ditch. A safety fence and landscaping will be required along the makai edge of the path in order to protect path users from errant golf balls. A shorter, chain link fence will be installed along the canal edge (See Figures 9a and 9b). Photo Point 9a – Before photo along the 7th fairway Figure 9a – Typical section along the drainage canal FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-24 Figure 9b – Typical section along the drainage canal at the #5 back tee box Sub Reach Ten – Wailua Golf Course Parking Lot and Entrance Drive After passing the 9th green, the path intersects the only entrance driveway into the golf course from Kuhio Highway (See Photo Points 10a and 10b). The consulting team has been advised that this section of Kuhio Highway is one of the most dangerous roadways on the island, due in part to vehicles entering and departing the golf course. If the entrance drive configuration were to remain the same as it is today, the path would need to cross over the entrance driveway in order to continue northward. Therefore, a signalized intersection with a user activated crosswalk is proposed for this scenario. In addition, regulatory signs would warn the motorist and path user of potential dangers. Even with these improvements, safety for motorists and path users at this intersection will remain a concern. This scenario would require signal warrants if implemented. Upon review of the alternative alignment plan in the DEA, The Kauaʻi Office of the Hawaiʻi Department of Transportation (HDOT) proposed an entrance drive/path alignment alternative that would help to resolve the existing safety concerns at this intersection as well as new ones that would arise with the addition of a path crossing. The HDOT proposal is to align the golf course entrance across from the existing entrance with the County Correctional Facility. In addition, decel/accel lanes and left turn lanes for the golf course would be provided by moving utility poles and other utilities makai from the ir current location. The path would be aligned makai of the highway/golf course entrance drive intersection and along the edge of the lower parking lot (See Figures 10a and 10b). By implementing this plan, cyclists and pedestrians will be crossing where automobiles are moving much slower and have a greater line of sight (See Photo Points 10c –10e). Since the existing golf course parking lot is at capacity for golf course patrons, the parking lot will not be used as a path access point/trailhead. In addition, the golf course parking lot will be improved by new paving, striping, and stairs between the lower and upper lots, and a golf course sign. Finally, the parking lot can be used for construction staging and access during construction of the path and parking lot improvements. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-25 Photo Point 10a – North view towards the golf course entrance drive. The path is located on top of the dirt maintenance road. Photo Point 10b – North view of the entrance drive into the Wailua Golf Course FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-26 Figure 10a – Existing Conditions to the Wailua Golf Course Parking Lot and Kuhio Highway Figure 10b – Proposed improvements to the Wailua Golf Course Parking Lot and Kuhio Highwa y FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-27 Photo Point 10c – North view of the lower parking lot and landscape area . Photo Point 10d – North view of the lower parking lot and landscape area. The stairs will need to be redesigned to accommodate the path. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-28 Photo Point 10e-North view of the north edge of the lower parking lot An interment site is located on the north end of the lower golf course parking lot. The path is proposed to pass along the makai edge of the interment site (See Photo Points 10f – 10g). Photo Point 10f – South view of the interment site and lower parking lot. The path will be located to the left of the interment site. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-29 The path continues north past the interment site toward and below the 18th tee. (See Photo Point 10g). The path continues mauka and below of the 10th tee and between the irrigation pump station building located adjacent to the 10th tee and Kuhio Highway (See Photo Points 10h and 10i). A solid safety fencing and guardrail will be installed between the pump house and highway to keep path users from wandering onto the highway and automobiles on the highway (see Figure 10c). Photo Point 10g – South view of the slope area below the interment site Photo Point 10h– North view of the area between the pump house and Kuhio Highway (on left) FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-30 Photo Point 10i – South view of irrigated pump house. The path will be located between the pump house and the highway. Figure 10c – Typical section at Pump House The path extends north on the mauka edge of the 10th fairway (See Photo Point 10j) inside of the existing trees (See Photo Point 10k) along the 11th fairway. It then extends behind the 12th green. The path will need to be protected from errant golf balls along the golf course fairways by installing a ten-foot tall safety fence along the makai edge of the path. As applicable, guardrail will be installed between the path and the highway. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-31 Photo Point 10j - 10th fairway taken from the back 10th tee Photo Point 10k – North view along Kuhio Highway. The 10th fairway is to the right. After passing the 10th fairway, the path heads north toward the 11th green and 12th tee (See Photo Point 10l). The path will be located between the 11th green and Kuhio Highway, where existing vegetation will help screen the path from the green. Since the back 12th tee is close to the highway, approximately 10 feet of the back tee will need to be removed in order to accommodate the path (See Photo Point 10m). A safety fence and landscaping buffer will be installed between the back tee and path. According to golf course management, play from the back tee will not be affected (see Figure 10d). FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-32 Photo Point 10l – North view along the edge of the 10th fairway looking towards the 11th green and 12th tee. Kuhio Highway is to the left. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-33 Photo Point 10m – South view of the back 12th tee box. A solid fence will be installed between the tee box and path. Kuhio Highway is to the right. Figure 10d –Typical section at the 12th Back Tee Box FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-34 Once the path passes behind the 12th tee, it will continue along Kuhio Highway all of the way to Leho Drive. The path continues makai on the south edge of Leho Drive to Nehe Road, where it connects with the existing Lydgate Park path near the Kaha Lani Condominiums and the south end of Lydgate Park (See Photo Points 10n, 10o and 10p). A map of the preferred alignment is presented in Figure 11. Photo Point 10n – View of Leho Drive from Kuhio Highway FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-35 Photo Point 10o – Leho Drive at Nehe Road. The path will connect with the existing Nehe Road/Lydgate Park Path and continue makai on Nehe Road Photo Point 10p – Mauka view of the existing Lydgate Park path where it crosses over Nehe Road. The golf course is to the left beyond the fence. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-36 Figure 11. Preferred Alignment Map FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 2 Ahukini to Lydgate Park Bicycle/Pedestrian Path General Description of Proposed Action Page 2-37 This Page Left Intentionally Blank FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 3 Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment Page 3-1 3.0 AFFECTED ENVIRONMENT 3.1 Physical Environment The action is proposed by the County of Kaua‘i Department of Public Works. 3.1.1 Geology A Preliminary Geotechnical Engineering Study was prepared for this project and can be found in Appendix D. The soils descriptions described in this document have been taken from the Soil Conservation Service (SCS) Soil Survey of Islands of Kaua‘i, O‘ahu, Maui, Moloka‘i, and Lāna‘i, State of Hawai‘i. The Island of Kaua‘i is composed of a single basalt shield volcano built by the extrusion of lava of the Waimea Canyon Volcanic Series during the late Pliocene Epoch (more than 2.25 million years before present). Following the cessation of this main shield building phase, there was renewed volcanic activity with the extrusion of basaltic lava of the post-erosional Kōloa Volcanic Series and the concurrent deposit of the alluvial sediments of the Palikea Formation. The majority of the Island of Kaua‘i is covered by lava of the Waimea Canyon Volcanic Series. These lavas consist of four distinct formations: Napali, Olokele, Haupu, and Makaweli. These formations are comprised of thin-bedded aʻa and pahoehoe flows to massive basalt flows that ponded in calderas and graben. Rocks of the Kōloa Volcanic Series cover most of the eastern half of the Island of Kaua‘i. These rocks are generally characterized as thick flows of dense basalt extruded from groups of vents aligned in north-south trends in various locales. Associated with the vents are pyroclastic materials, which usally form low cinder cones at the vent. The basaltic rock built by the extrusion of lavas of the Kōloa Volcanic Series are generally characterized by flows of jointed dense vesicular basalt inter-bedded with thin clinker layers. The weathering process has formed a mantle of residual soils which grade to saprolite with depth. In general, saprolite is composed of mainly silty material and is typical of the tropical weathering of volcanic rocks. The saprolite grades to basaltic formation with depth. Erosion of the upper Kōloa and Waimea Canyon Volcanic Series has deposited alluvial sediments along streams, drainageways, and low-lying areas. These sediments are generally unconsolidated to moderately consolidated, noncalcareous soil deposits. Agricultural and commercial developments within the last century have brought the project site to its present conditions. The geology of the preferred alignment is mainly underlain by alluvial deposits consisting of recent and older alluvium as described above. The older alluvial deposits are more consolidated and stiffer in consistency compared to the recent alluvial deposits. The southern portion of the path alignment is underlain by basalt rock formation of the Kōloa Volcanic Series. The presence of residual and saprolitic soils near the ground surface is anticipated. These soils are developed from the in-situ weathering of the basalt formation. In addition, the northern portion of the path alignment near Lydgate Park is underlain by a dune sand deposit. Recent alluvial deposits may be encountered further inland from the shoreline near the Kawailoa area and within the Hanama‘ulu Stream area. The recent alluvial deposits tend to be soft in consistency and compressible. In addition, basalt rock formation of the Kōloa Volcanic Series may be encountered along the southern portion of the path alignment at the sides of Hanama‘ulu Bay. Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment 3.1.2 Soils Dune land ‘ Fill Land ‘‘ Fill Land (Fd) Hanalei Series ‘‘ Ss range from 69° Fto Hanalei silty clay, 0 to 2 percent slopes (HnA). y ‘ 3- Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment Kalapa Series ‘ 69° to 74° F ‘ Kalapa silty clay, 40 to 70 percent slopes (KdF) Koloa Series Koloa stony silty clay, 8 to 15 percent slopes (KvC) Koloa stony silty clay, 15 to 25 percent slopes (KvD) -3 Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment Lihue Series ‘ a Lihue silty clay, 0 to 8 percent slopes (LhB) Mokuleia Series ‘‘ ‘ ‘ Mokuleia fine sandy loam (Mr) ‘ Mokuleia clay loam, poorly drained variant (Mta) ‘ 3- Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment Rough Broken Land ‘ Rock Outcrop ‘ Map Symbol Soil Name 3- Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment 3.1.3 Topography ‘ 3.1.4 Climate 3.1.5 Air Quality ‘ 3.1.6 Hydrology and Water Quality ‘ Hanamaµulu Watershed ‘‘ Kawailoa Watershed Water Quality 3- Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment ‘ . 3.1.7 Natural Hazards ‘ Flood Zones are designated by FEMA and depicted on a Flood Insurance Rate Map (FIRM). Zone X includes areas that have a less than 0.2 percent chance of annual flooding. Zone VE includes areas which are subject to a one percent or greater annual chance of flooding in a year where base flood elevations have been determined and the site is subject to velocity hazards caused by ocean wave action. Zone AE includes areas which are subject to a one percent or greaer annual chance of flooding and base flood elevations have been determined. Zone A includes areas which are sujbect to a one percent or greater annual chance of flooding in a year, but base flood elevations are not available because hydraulic analysis has not been performed. ‘ ‘ ‘ ‘ 3.1.8 Noise 3.1.9 Hazardous Materials 3- Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment Site Name Address Fed ID#/Case # Activity Type Status ‘ ‘‘ ‘ ‘ 3-8 Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment Rock Outcrop: Casuarina equistifolia) Tournefortia argentea) Scaevola sericea) Sida fallax) Jacquemontia ovalifolia ssp. sandwicensis) Sesuvium portulacastrum) Sporobolus virginicus) Forested Areas: ‘ Cocos nucifera) Syzy gium cumini) Eucalyptus citriodora) (Macaranga mappa) Macaranga tanarius) Senna gaudichaudii) Hibiscus tiliaceus) Wedelia tribolata) Asystasia sp.) 3-9 3.2 Biological Environment Consultation with the US Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA) was conducted to identify sensitive areas as related to the biological environment (refer to the ESA section of Appendix A). This document does not include specific assessments for plants, birds or marine animals, as the only areas of this project that are relatively undisturbed were studied with the preparation of the EIS for the Ocean Bay Plantation project, and the Lihue/Hanama‘ulu Master Plan. 3.2.1 Flora and Vegetation Communities The vegetation along the corridor is a mixture of native and introduced species. According to Dr. David Lorence, Director of Science and Chair of Botany at the National Tropical Botanical Garden, there are no known terrestrial endangered plants where the project is located (refer to Appendix C for the meeting minutes associated with this consultation). In addition, no concerns were identified from the USFWS (refer to the ESA section of Appendix A). Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment Abandoned Sugar Cane Fields: Psidium guajava) Melia azedarach) Grevillea robusta) Leucaena leucocephala) Lantanta camara) Brac hiaria mutica) Melinis munutiflora) Beach Parks: ‘ Terminalia catappa) Disturbed Sites:‘ ‘ 3.2.2 TERRESTRIAL FAUNA Mammals:‘ Lasiurus cinereus semotus) Avians:‘ Anas wyvilliana)Gallinula chloropus sandvicensis) Puffinus auricularis newelli) 3-0 FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 3 Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment Page 3-1 Another study was conducted for the Ocean Bay Plantation EIS in 2001 (Rana Productions Ltd., 2001). Three endangered avian species were documented in this area, including the Hawaiian Coot (Fulica alai), the Hawaiian Petrel (Pterodroma phaeophgia sandwichensis) and Newell’s Shearwater. The Wedge-tailed Shearwater, or the ʻuaʻu kani (Puffinus pacificus), is an indigenous breeding seabird that was also documented in the area. Another protected avian species in the area is the Nene (Nesochen sandvicensis). A study to determine if endangered bird species, notably, the Wedge-tailed Shearwater, are present will need to be conducted to determine if a path route through the Conservation Lands is possible. The survey of the path route cannot be conducted until permission for right-of-entry is granted by the landowner, which has not been obtained as of this publication. If the Conservation Lands do contain nesting Wedge-tailed Shearwaters, it is recommended by the DLNR that the path be re- aligned along the old sugar cane road to avoid impact to these species (refer to the ESA section of Appendix A). 3.2.3 Marine Fauna According to Dr. Jeffrey Walters, Co-Manager of the Hawaiian Islands Humpback Whale National Marine Sanctuary for the State of Hawai‘i, Department of Land and Natural Resources Division of Aquatic Resources, Kaua‘i sees the Humpback Whale (Megaptera novaeangliae), Green Sea Turtle (Chelonia mydas), and Hawaiian Monk Seal (Monachus schauinslandi) as they swim south. All of these species are listed as endangered under the Endangered Species Act. The Humpback Whale season is November to May, with January to March being the peak season. The Green Sea Turtle will breed in the northwest islands and go south to forage. The Hawaiian Monk Seal uses the beach to dry out, digest food, and rest throughout the day, and then goes to sea to feed during the night. There are approximately 200-300 Hawaiian Monk Seals in the main eight Hawaiian Islands. 3.3 Socio-Economic Environment A full discussion of Archaeological, Historic, and Cultural Resources and Native Hawaiian Rights Issues is found in Appendix A of this document. 3.3.1 Archaeological Resources There have been at least 15 archaeological projects conducted in this area from 1907 to 2004 (Archaeological Conditions Report, 2005). These have lead to the documentation of numerous prehistoric sites. In 1906, two heiau were recorded in the project area: Ahukini and Kalauokamanu. These heiau were not marked on maps but were simply described. During an island-wide survey in 1928-1929, the two heiau, now known as Site 101 and Site 102, were also noted. Ahukini heiau was built near Ahukini Point on a bluff overlooking the sea while the location of Kalauokamanu heiau was never identified. Both heiau had been destroyed as of 1855. The most well-known site in this area, due to the influx of Cultural Resources Management research related to golf course activities and development of Lydgate Park, is Site 103, originally recorded by Bennett during an island-wide survey in 1928-1929. Bennett makes first mention of Site 103 in this area: “in the sand dunes that run along the shore half way between Hanama‘ulu and Wailua River are many burials.” At this writing, over 66 burials have been identified throughout the golf course area alone, with most of these having been re-interred in a burial crypt at the golf course itself. An above ground interment site, a critical component of Site 103, is located inside the parking lot of the Wailua Golf Course. The interment site will not be directly affected, but the path alignment will cross within 30’ of the site. 3.3.2 Historical Resources There are many historical sites in the general project area (refer to Appendix D-Archaeological Conditions Report). These include Ahukini Landing as well as other local historic resources including habitation complexes, structures, roads, and cemeteries/burial areas. The historic infrastructure from Ahukini Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment ‘ 3.3.3 Cultural Resources ‘ ‘ ‘Olelo Noµeau ‘‘ ‘‘ ‘ ‘ lo‘i ‘ ‘ heiau 3.3.4 Native Hawaiian Rights ‘ ‘ ‘ Based on cultural interviews, access to native gathering areas for fishing remain just as important today. 3.3.5 Summary of the Socio-Economic Environment ‘ 3-2 Ahukini to Lydgate Park Bicycle/Pedestrian Path Affected Environment  7LWOH9,(QYLURQPHQWDO-XVWLFH 7KHDUHDRI+DQDPDµXOXLVDQ(QYLURQPHQWDO-XVWLFHFRPPXQLW\7KURXJKRXWWKLVSURFHVVWKH&RXQW\RI.DXDµL KDVZRUNHGWRHQVXUHIXOODQGIDLUSDUWLFLSDWLRQE\WKHFRPPXQLW\LQWKHWUDQVSRUDWLRQGHFLVLRQPDNLQJ SURFHVV$QXPEHURIIDPLOLHVLQWKHDUHDZHUHFRQVXOWHGWKURXJKRXWWKLVSURFHVV7KLVDUHDZLOOEHQHILWIURPWKLV SURSRVHGELF\FOHSHGHVWULDQSDWKDVLWZLOOSURYLGHWUDQVSRUWDWLRQDOWHUQDWLYHVWRWKHFRPPXQLW\ 3.4 Public Infrastructure and Facilities 3.4.1 Vehicular Access ‘ 3.4.2 Water 3.4.3 Wastewater 3.4.4 Power & Communications 3.4.5 Schools ‘ 3.4.6 Parks & Recreation Facilities ‘ 3.5 Public Health and Safety 3.5.1 Police Services ‘ 3.5.2 Fire and Emergency Services ‘ ‘         3-3 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path CHAPTER 4 Impacts and Mitigation Measures Page 4-1 4. IMPACTS AND MITIGATION MEASURES 4.1. Short-term Impacts 4.1.1. Noise 4.1.1.1. No Action Alternative Under the No Action Alternative, future traffic noise levels are likely to increase in relation to the increases of traffic volumes on Kūhiō Highway that would be associated with trips generated by coastal recreational resources, such as Lydgate Park, Hanamā‘ulu Beach Park and Ahukini Landing. This alternative would not entail any construction and therefore create no temporary increases in noise from construction activities. 4.1.1.2. Preferred Alternative Noise will be generated during the construction phase of this project. This impact is temporary and confined to the period of construction. During construction, the contractor must comply with DOH Administrative Rules Chapter 11-46 on Community Noise Control. Non-motorized transportation does not generally produce loud noise. Socializing along the path could be an issue to golfers and residents of the area. Nighttime use of the path could be disruptive to the Kaua‘i Beach Villas and/or the Radisson Hotel. A mitigation measure for this impact is to install signs along the path in noise sensitive areas, reminding path users to keep noise at a respectful level. 4.1.2. Air Quality 4.1.2.1. No Action Alternative Under the No Action Alternative, no path would be constructed and no path amenities would be provided. Therefore, there would be no short-term impacts on air quality resulting from construction activities. 4.1.2.2. Preferred Alternative The purpose of this project is to reduce combustion vehicle trips and provide recreational opportunities by constructing a non-motorized bicycle and pedestrian path. The project will not result in any meaningful changes in traffic volumes, vehicle mix, location of the existing facility, or any other factor that would cause an increase in emission impacts relative to the no-action alternative. As such, FHWA has determined that this project will generate minimal air quality impacts for Clean Air Act criteria pollutants and has not been linked with any special mobile source air toxin (MSAT) concerns. Consequently, this effort is exempt from analysis for MSAT. Moreover, EPA regulations for vehicle engines and fuels will cause overall MSATs to decline significantly over the next 20 years. Even after accounting for a 64 percent increase in vehicle-miles traveled (VMT), FHWA predicts MSATs will decline in the range of 57 percent to 87 percent, from 2003 to 2020, based on regulations now in effect, even with a projected 64 percent increase in VMT. This will both reduce the background level of MSATs as well as the possibility of even minor emissions from this project. Best Management Practices will be incorporated into the construction of the path project. Some of the mitigation measures include: Irrigate the construction site during periods of drought or high winds Install silt screening in the areas of disturbance Clean roads of construction dirt from the construction vehicles Cover open beds of trucks hauling materials into and out of the site Disturb only the areas of construction that are in the immediate zone of construction to limit the amount of time that the areas will be subject to erosion To minimize the amount of exhaust from the construction trucks and other vehicles, all equipment shall be maintained properly to minimize emission during the time of construction. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path CHAPTER 4 Impacts and Mitigation Measures Page 4-2 The contractor shall incorporate the measures required by the State Department of Health Rules and Regulations in Chapter 43, Section 10, and the Hawaii Administrative Rules Chapter 11-60.1 Air Pollution Control, and Section 11-60.1-33 related to Fugitive Dust Emissions. 4.1.3. Energy and Mineral Resources The resources required for construction will not be excessive and will be required only for the course of the construction of the project. 4.1.4. Construction and Utilities 4.1.4.1. No Action Alternative Under the No Action Alternative, no construction would be required and therefore no construction and utilities impacts are expected. 4.1.4.2. Preferred Alternative The impacts of the construction of the project will involve construction of the path, comfort stations, and parking lots at the golf course and Marine Camp. The present entranceway to the golf course will remain open while the new one is constructed. The parking lot at Marine Camp will be gravel. The utilities required for the Hanamā‘ulu Beach Park comfort station renovation are in place, as they were needed for the operation of the building that was formerly in the location of the comfort station. Six utility poles at the Wailuā Golf Course will need to be moved in order to widen Kūhiō Highway for deceleration and acceleration lanes in and out of the golf course. These impacts will be temporary and are confined to the time of construction. 4.1.5. Underground Storage Tanks 4.1.5.1. No Action Alternative No impacts are anticipated since there are no known underground storage tanks within the project corridor. 4.1.5.2. Preferred Alternative No impacts are anticipated since there are no known underground storage tanks within the project corridor. 4.1.6. Hazardous Waste Sites From the research conducted for potential hazardous waste sites in or near the project corridor using the HEER website database, two sites are lacking specific detail and were a cause of initial concern. These two sites are listed below: Site Name Address Fed ID #/Case # Activity Type Status Līhu‘e Airport No data available 20000831-1434 Ahukini Road well dumping of 2,000 gallons of motor oil No data available Radisson Kaua‘i Beach Resort 4331 Kaua‘i Beach Drive Līhu‘e, HI 96766 19910903 UST removal and remediation (Diesel Fuel) Refer to ISST 4.1.6.1. No Action Alternative The No Action Alternative would not entail any construction and therefore not cause any adverse impacts to any known or unknown hazardous waste sites. 4.1.6.2. Preferred Alternative The “Līhu‘e Airport” Site is not of concern because the proposed path alignment in this area will utilize the existing paved roadway of Ahukini Road. No construction is necessary for this portion of the pathway; rather, a bike lane will be added to the present concrete using white striping to indicate the assigned bike lane. Though the address and status of this hazardous site is not available in the HEER database, “well dumping” would occur at a well location. Well sites would not occur on a constructed roadway. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path CHAPTER 4 Impacts and Mitigation Measures Page 4-3 Personal communications with Melody Calisay, from the Department of Health, have occurred regarding the status of the “Radisson Kaua‘i Beach Resort” site. Per Ms. Calisay’s letter response dated February 16, 2000, the site was evaluated by HEER according to criteria listed in HAR Tile 11, Chapter 451 for the appropriate determination of prioritization. Possible priority determinations can identify sites as high priority, medium priority, low priority, or for no further action. Based on an evaluation of available reports and studies, the HEER Office had determined that no further action was appropriate for this site in regards to release and threats of releases of hazardous substances. 4.1.7. Traffic 4.1.7.1. No Action Alternative Under the No Action Alternative, no path or recreational amenities would be improved. Pedestrians and bicyclist would be forced to use Kūhiō Highway to traverse the project corridor. 4.1.7.2. Traffic Impacts There will be no disruption to existing traffic patterns for the construction of the project. Some short-term impact to roadways may result from construction activities, such as temporary lane closures and disruptions to Kūhiō Highway. If necessary, a traffic control plan would be developed and coordinated with County and State agencies for the appropriate review and approval. It is possible that police officers may be required to assist with implementing traffic control during construction activities along Kūhiō Highway. 4.1.8. Employment 4.1.8.1. No Action Alternative The No Action Alternative would have a negative impact on the employment in Kaua‘i, as jobs for numerous laborers and supervisors for construction would not be created. 4.1.8.2. Preferred Alternative The construction of the project will have a positive impact on the employment in Kaua‘i, as there will be a need for numerous laborers and supervisors for construction. 4.2. Long Term Impacts 4.2.1. Land Use Changes 4.2.1.1. No Action Alternative The No Action Alternative would not entail any land use changes and would not cause any land use impacts. 4.2.1.2. Preferred Alternative The alignment is compatible with existing land use designations and is not anticipated to require any changes. 4.2.2. Zoning 4.2.2.1. No Action Alternative The No Action Alternative would not entail any zoning changes and would not cause any zoning impacts. 4.2.2.2. Preferred Alternative The project will not require any zoning changes from the County. 4.2.3. Churches and Institutions 4.2.3.1. No Action Alternative There are no churches or institutions located in the vicinity of the project corridor; therefore, the No Action Alternative would not have any impacts on churches and institutions. 4.2.3.2. Preferred Alternative There are no churches or institutions located in the vicinity of the project corridor to be affected. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path CHAPTER 4 Impacts and Mitigation Measures Page 4-4 4.2.4. Controversy Potential 4.2.4.1. No Action Alternative Under the No Action Alternative, no path would be built which would result in the disappointment of those community and political leaders who supported the project. In addition, a portion of the Nāwiliwili to Anahola Bike/Pedestrian Path contained in the 1994 State of Hawai‘i Master Plan – Bike Plan Hawai‘i would not be completed. 4.2.4.2. Preferred Alternative Overall, there is widespread support for this project from the community and political leaders. Several Native Hawaiians expressed the desire to determine land uses in this area rather than having government make that determination for them. Many golfers expressed concerns about path users interfacing with the golf course and felt this would impact their ability to play at the Wailuā Golf Course. However, after discussion of the alternative alignments at Public Meeting #3, many golfers saw those alternatives as causing a much greater impact to the golf course, and much of the concerns were relieved. Mitigation for this impact is to take into consideration the views and opinions of everyone who expresses a voice about the project. A goal of the project is to strive to create a path that is compromising and a reflection of a majority of people’s opinions and concerns. Considering the efforts to appease everyone involved, public opposition is considered minimal. 4.2.5. Economic 4.2.5.1. No Action Alternative The No Action Alternative would not involve the increase of short term jobs through construction and therefore not have any economic impacts. 4.2.5.2. Preferred Alternative There are no negative long-term impacts resulting from the bicycle and pedestrian path project.  4.2.6. Historical, Archeological, and Cultural Resources Appendix A includes the Section 106 Consultation documents and correspondence letters that relate to historical, archeological, and cultural resource issues. Specifically, coordination with the State Historic Preservation Division occurred as a response to the Draft Environmental Assessment (DEA) on January 31, 2006 (see Appendix C). Additional Section 106 consultation occurred in 2012 and is contained in Appendix A. The following historical, archeological, and cultural resources will be traversed within the proposed path alignment: The Hanamā‘ulu Railroad Bridge A historical concrete box culvert An interment site in the Wailuā Golf Course parking lot 4.2.6.1. No Action Alternative The No Action Alternative would not create any new or direct impacts on any historical, archeological, and cultural resources. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path CHAPTER 4 Impacts and Mitigation Measures Page 4-5 4.2.6.2. Preferred Alternative Minimal impact with no adverse effect is expected for these resources. In general, the following mitigation efforts are proposed: The historic and cultural sites are to be avoided where possible. An Archaeological Monitoring Plan was prepared for the SHPD because of the archaeologically sensitive nature of portions of the project area (refer to Appendix D). This report determines what measures will be taken when and if cultural artifacts are found during and/or before construction commences. Monitoring procedures will be conducted in accordance with the rules and regulations established by the Department of Land and Natural Resources (DLNR) SHPD. To protect the historic character of the Hanamā‘ulu Railroad Bridge, work to the bridge will be as minimal as possible. Structural repairs will be done to restore and stabilize the bridge. Further, handrails and other features that will be required for public safety shall be incorporated with sensitivity to the historic nature of the bridge and to minimize the visual effect of handrails by using tension cabling for the handrails. A letter dated May 1, 2006, was submitted to Susan Tasaki at SHPD for comment. As of this writing, no comment has been forwarded regarding modifications to the bridge and they are deemed acceptable (SHPD 30-day review period). The design team is to work with the Office of Hawaiian Affairs (OHA), Hawaiian Homelands, local Hawaiians, the Kaua‘i Burial Council, and whomever OHA recommends so that the needs and wishes of the Native Hawaiians are better understood. The ancient ala loa (ancient paths) are to be used where feasible and desirable, and signage to celebrate and educate about the Hawaiian heritage should be incorporated where budget and design allow. SHPD has agreed that the Monitoring Plan will be the primary form of mitigation to address the presence/absence of sites not previously identified along the preferred path corridor. At this juncture, the preferred path alignment has not adverse impacts to any known sites with the possible exception of the Hanamā‘ulu Railroad Bridge. A letter was sent to SHPD regarding the proposed path retrofit of the bridge. No response was received within the 30-day review period, indicating that SHPD had no concerns with the proposed path use of the bridge. 4.2.7. Wetlands 4.2.7.1. No Action Alternative The No Action Alternative would not create any wetland impacts. 4.2.7.2. Preferred Alternative Consultation with the Army Corps of Engineers (ACOE) occurred on January 9, 2006 as a response to the alternative alignment options that were analyzed in the draft environmental assessment process (refer to Appendix C). In 2009, a letter was submitted requesting a Jurisdictional Determination (JD), which was received on July 8, 2009. This project will be required to get an approved Department of Army (DA) Permit under Section 404 prior to construction, and if necessary, another JD approval would be sought in the event that the current JD expires prior to obtaining the permit. 4.2.8. Hydrology and Water Quality 4.2.8.1. No Action Alternative The No Action Alternative would not impact hydrology or water quality. 4.2.8.2. Preferred Alternative Hydrology and water quality will not impacted by the project. The existing Hanamā‘ulu Railroad Bridge and an existing concrete box culvert bridge (located at Marine Camp) that will be used as bridges for the path do not and will not impede upon the hydrologic flow for the water from the mauka to makai sides of the path, and no work is planned inside of the canal channel. In addition, the irrigation canal that the concrete box culvert bridge crosses has not been listed as “impaired waters” by the Department of Health. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path CHAPTER 4 Impacts and Mitigation Measures Page 4-6 Hanamā‘ulu Stream is the only listing in the project area by the Department of Health. It is a priority 2a stream and is listed on a numeric basis for exceeding the wet season turbidity standard. There will be no impacts to these current conditions, as the existing bridge over Hanamā‘ulu Stream will be used for the proposed path alignment. The National Pollutant Discharge Elimination System (NPDES) permitting mechanism, as mandated by Congress under the Clean Water Act, requires the implementation of controls designed to prevent harmful pollutants from being washed by stormwater runoff into local body waters. A permit is required if 1 or more acres of land will be disturbed, regardless of the size of any of the individually-owned or developed sites. The operator is responsible for applying for the permit as required by 40 CFR 122.21(b), the operator being the person who has operational control over the construction plans and specifications. A Jurisdictional Determination for the proposed project was made by the U.S. Army Corps of Engineers (USACE), Honolulu District dated July 8, 2009. As determined by the USACE, no navigable waters of the U.S. are being crossed by the project that would trigger the need for a Section 10 Department of Army Permit. However a Section 404 permit is likely required for the proposed culvert replacement which has the potential to impact the physical, chemical, or biological integrity of a navigable water of the U.S. If the Section 404 Permit is deemed applicable after further consultation with the USACE, then a Section 401 Water Quality Certification will also be required for the culvert replacement. Any impacts from non-point source pollution from construction activities will be minimized by implementation of best management practices. During the long term operation and maintenance of the path, impacts from non-point source pollution will be minimal because of adjacent landscaping and vegetation. 4.2.9. Wild/Scenic Rivers 4.2.9.1. No Action Alternative There are no wild or scenic rivers in the proposed project site; therefore, the No Action Alternative will not impact any rivers. 4.2.9.2. Preferred Alternative There are no wild or scenic rivers in the proposed project site that will be impacted by the project. 4.2.10. Farmland 4.2.10.1. No Action Alternative There are no active farmlands on the corridor; therefore, the No Action Alternative will not impact any farmlands. 4.2.10.2. Preferred Alternative There are no active farmlands on the corridor. The sugar cane fields that were on the Ocean Bay Plantation site and behind Hanamā‘ulu Beach Park are no longer in production. 4.2.11. Natural Hazards 4.2.11.1. No Action Alternative The No Action Alternative will not impact any natural hazards. 4.2.11.2. Preferred Alternative Portions of the proposed alignment are within natural hazard zones and mitigation measures will be implemented. Floodplains Most of the proposed path alignment is outside the .2% annual chance floodplain, and are not areas of concern for impact of flood activity by the path. In these areas (Zone “X”), the path will not encroach on the base flood plains as defined in 23 CFR Part 650. In this regard, the majority of the path is not expected to obstruct floodwaters in extreme rain weather. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path CHAPTER 4 Impacts and Mitigation Measures Page 4-7 Four areas along the pathway are within flood zones for which base flood elevations have been determined. Zone VE occurs where the path traverses Hanamā‘ulu Stream. However, since the proposed pathway will occur on top of the Hanamā‘ulu Railroad Bridge, located approximately twenty-five feet above the stream, this path will not impact nor be impacted by the flood zone in this area. Zone AE occurs in three areas: at Ahukini Point; where the path meets Hilton Lane and heads makai to the existing comfort station; and in the northern region of the golf course. The proposed path will be built with construction techniques and materials that are floodable. The proposed comfort stations will be built above the flood zones. A Best Management Practices program will be designed prior to commencement of construction to minimize storm water runoff during construction. Tsunamis, Hurricanes, and Earthquakes Coastal portions of the alignment are located within the tsunami inundation zone. Except for the bridges and the proposed comfort stations, the path alignment is flat and not vulnerable to hurricane high wind action. The bridge will be retrofitted to meet seismic and load standards. The culvert is not being used by the project and therefore would not be retrofitted. Mitigation measures should include signage in natural hazardous areas, which would warn path users of potential coastal hazards, including hurricanes, tsunamis from wave action, or flood potential from storm action. In extreme weather conditions, the path should be closed as comparable to beach closures during the same conditions. Under such closure regulations, path users should be subject to evacuation or additional instructions as given by authorities for the area. 4.2.12. Traffic 4.2.13. No Action Alternative The No Action Alternative would mean that an alternative form of transportation to the automobile would not be available in this area. 4.2.13.1. Preferred Alternative Any long term effect on traffic may be positive, as more people will use the path and non-motorized transportation to connect to destinations along the corridor, rather than driving automobiles. 4.2.14. Visual The 2000 Kaua‘i General Plan includes Heritage Resource Maps that depict natural, cultural, and scenic resources that are important to the County of Kaua‘i and that are intended to be conserved. The Līhu‘e Planning District Heritage Resource Map was reviewed to identify resources that may be affected by the proposed path corridor. Within the project area, Ahukini Point and the Radisson Hotel properties are identified as “residential, urban, resort, transportation, and/or military.” Around the half circle of Hanamā‘ulu Bay, the area is identified as an “important land form.” Heading north into the conservation area and onto Hilton Lane heading inland towards the golf course and Kūhiō Highway, the land is identified as, “open space, parks, agriculture, and conservation.” Kūhiō Highway and the entire pathway along the golf course are identified as a “scenic roadway corridor.” 4.2.14.1. No Action Alternative The No Action Alternative will not have any visual impacts. 4.2.14.2. Preferred Alternative In general, the proposed path alignment is not expected to have significant negative impacts on view opportunities; rather, this flat corridor will not intrude on the surroundings but provide greater opportunities for the public to experience and appreciate the beauty of the natural settings. Vertical additions to the proposed pathway include safety rails to the two existing bridges and safety fencing between the golf course fairways and the path. These visual impairments are minimal compared to the safety elements that they provide to the users. The boundary between Kūhiō Highway and the Wailuā FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path CHAPTER 4 Impacts and Mitigation Measures Page 4-8 Golf Course is already separated by an abundance of trees, which reduce, if not eliminate, any view of the path and safety fence from the highway. Views from the golf course to the path and safety fence will be partially mitigated through placement of the proposed amenity through existing vegetation and by planting shrubs and trees on the golf course side of the safety fence. The existing bridges will have safety railing additions to them that could only block minimal specific heights for views. However, safe, non-motorized access along the proposed path corridor and accessibility for persons with disabilities will extend access to the many scenic viewpoints along the corridor to more people that would regularly have access to such views if the path were not built. To minimize the visual impact along the path corridor, the path should be constructed with materials and colors that blend into the natural environment whenever possible. 4.2.15. Endangered/Threatened Species 4.2.15.1. No Action Alternative The No Action Alternative will not have any impacts on endangered/threatened species. 4.2.15.2. Preferred Alternative There are no endangered plant species in the area of the proposed path. The preferred alignment is not a coastal alignment and therefore avoids the habitat of the Hawaiian Monk Seal. The areas of concern that are inhabited by nesting Wedge-tailed Shearwaters will be surveyed, and if colonies are found, the path will be redirected along cane haul roads to avoid disturbance. In order to minimize the potential for disorienting listed seabirds and minimizing collision of listed seabirds and bats with light poles, lighting at the comfort stations will be shielded lighting mounted on the shortest poles possible that do not extend above the height of the existing vegetation. In order to minimize the effect of the proposed project on listed waterbirds, disturbance from construction and increased human activity along the proposed path will be kept to a minimum. The County of Kaua‘i will work with DOFAW on two interpretative signs and two regulatory seabird signs using DOFAW provided text and graphics. Educational signage will be incorporated where appropriate to inform the public of the marine environment and the species that live there. Educational signage will also include wildlife viewing guidelines as part of the County of Kaua‘i’s interpretive sign program titled “Sign Requirements for Proposed Bikeway/Walkway.” 4.2.16. Native Vegetation 4.2.16.1. No Action Alternative The No Action Alternative will not have any impacts on Native Vegetation. 4.2.16.2. Preferred Alternative It is not anticipated that there will be any negative impact to the native vegetation along the corridor; however, the following is a list of the measures that will be taken if encountered: The path will be routed around any major trees whenever possible, avoiding the drip line Trees that are one-foot or greater will be moved to a nearby location if they cannot be avoided New plants will be irrigated, at least until they are established Areas disturbed by construction will be re-vegetated as soon as possible after construction of each area Native plants will be used for new plantings where this is feasible 4.2.17. Terrestrial Environment 4.2.17.1. No Action Alternative The No Action Alternative will not have any impacts to the terrestrial environment. 4.2.17.2. Preferred Alternative It is not anticipated that there will be any negative impact to the terrestrial environment during construction. However, it is anticipated that a signage program can be incorporated into the path program to educate path users to the importance of the terrestrial environments along the corridor. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path CHAPTER 4 Impacts and Mitigation Measures Page 4-9 4.2.18. Marine Fauna 4.2.18.1. No Action Alternative—Marine Fauna The No Action Alternative will not impact any marine fauna. 4.2.18.2. Preferred Alternative It is not anticipated that there will be any negative impact to the marine mammal environment during construction, however, it is anticipated that an educational signage program can be incorporated into the path program to educate path users about Hawaiian Monk Seals and a description identifying the importance of the protocol that is followed when a Hawaiian Monk Seal beaches itself onto the shore. In addition, interpretive signs can be established for other marine fauna that may be observed at viewpoints along the path. The State of Hawai‘i Department of Land and Natural Resources, Division of Aquatic Resources has offered to assist the County and the design team in the development of this signage program. 4.2.19. Interpretive Signs 4.2.19.1. No Action Alternative The No Action Alternative will not would not entail any construction and therefore there would not be a need for Interpretive Signs. 4.2.19.2. Preferred Alternative The County of Kaua‘i has developed an interpretive sign program titled “Sign Requirements for Proposed Bikeway/Walkway” for the path between Nāwiliwili Harbor and Anahola Beach Park, including locations within the Ahukini to Lydgate Park reach. The list of signs should be reviewed and incorporated into the path design during the design phase of the project. 4.2.20. Segmentation Cumulative Impacts The current phasing of the path project is a result of budget constraints that prohibited the planning and permitting for the entire project length as one initiative. As funds were made available, each path reach was started; however, each path reach has logical termini. All the other segments of the path project that are currently in the environmental permitting, planning, pre-planning, and construction phases are being completed by other consulting teams and are not included in the scope of work or budget for this particular project. 4.2.20.1. No Action Alternative The No Action Alternative would not entail any construction; therefore, there would not be any segmentation cumulative impacts. 4.2.20.2. Preferred Alternative The project area satisfies two general principals in FHWA regulations (23 CFR 771.111(f)) (GPO 2004) on framing a transportation project. 1.Connect logical termini and is of sufficient length to address environmental matters on a broad scope. The proposed action for the Ahukini to Lydgate Park project has logical termini. The project begins on the south end at Ahukini Point, a State Park and popular destination point. The north end of the proposed path connects with an existing bicycle and pedestrian path located in Lydgate Park. Therefore, the proposed action connects an existing bicycle and pedestrian facility located within a park to another park amenity, Ahukini Point. The approximate length of the proposed path is 6.7 miles and the study area is approximately 850 acres. The length and size of the study area are sufficient to address the environmental issues for each of the alternative alignments presented in the Draft Environmental Assessment (DEA) phase of the project. The overall goal of the DEA is to identify and study alternative alignments and to FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path CHAPTER 4 Impacts and Mitigation Measures Page 4-10 obtain comments from regulatory agencies and the public. Based on these comments, a preferred alternative alignment is selected that best avoids adverse environmental impacts. 2.Have independent utility or independent significance, i.e., be usable and be a reasonable expenditure even if no additional transportation improvements in the area are made. The proposed path extension of the existing path from Lydgate Park to Ahukini Point is an independent and usable bicycle and pedestrian facility for both recreation and transportation. Additional connections/trip generators within this corridor include the Hanamā‘ulu Beach Park, Marine Camp Park and its motor-cross facility, the Radisson Hotel and condos, and the Wailuā Golf Course. An on-street bicycle facility planned to extend along Ahukini Road to the airport will allow for an additional multi-modal transportation connection. As an independent utility, the proposed project is reasonable even if no other transportation improvements in the area are made. The project is not expected to require a substantial amount of natural resources to construct, nor would the completion of the project require a significantly large commitment of such resources after construction. The project is expected to have minimal secondary impacts on resident population, land use patterns, public facilities and infrastructure, and the natural environment. Project construction activities are expected to generate only minor short- term impacts. Creation of short-term construction jobs would not require a substantial number of workers to move to Kaua‘i island to fill these new jobs. It is anticipated that local Kaua‘i contractors or contractors within the State of Hawai‘i would likely be used for the project’s construction. These workers would have minimal if any effect on the County’s residential population or housing demand and thus not generate the associated secondary effects on infrastructure, public facilities, and housing. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 5 Ahukini to Lydgate Park Bicycle/Pedestrian Path Alternatives to the Proposed Action Page 5-1 5.0 ALTERNATIVES TO THE PROPOSED ACTION 5.1. No Action Alternative The No Action Alternative involves no changes in the site. The path project has been identified in the Lydgate Park Master Plan as one of the most important aspects of the park, and in Bike Plan Hawaii. Further, the project has been awarded TEA funds in the past for the construction of the project, and the current funding mechanism is MAP-21. There continues to be high community anticipation for the path and path related amenities such as comfort station. If the project were not to be constructed, the following negative impacts would result: •The shared-use path would need to be replaced by a path, sidewalk, or on-street bike and pedestrian facility with the Kūhiō and Kapule Highways right-of-ways resulting in an unsafe amenity for cyclists, pedestrians, and motorists. •A major gap would be left in between the Lydgate to Anahola path segment and the Nāwiliwili to Ahukini Point path segment. Path users would be forced onto the highway (an unsafe option) would have to turn around once they encountered the un-built gap. If the Lydgate to Anahola and the Nāwiliwili to Ahukini Point shared use paths were not constructed, then the No Action Alternative would not result in this negative impact. However, the Lydgate to Anahola connecting path segment has been constructed, and the Nāwiliwili to Ahukini Point path segment has received approved entitlements to construct. •Because of the un-built path segment, the original intention of the entire path network as a viable form of transportation as an alternative to the automobile would be greatly diminished. This means there would not be a reduction in fuel consumption, pollution, or roadway congestion. The need for parking lots would increase because the availability of an alternative to the automobile would not be available in this area. •Affordable recreation for persons of all ages and abilities would not be provided. •A means for ecotourism would not be provided. 5.2. Alternative Path Alignments Examined in the DEA Two major path alignments and four sub-alternatives were identified in the DEA including: •Alternative Alignment 1 (Coastal Path) •Alternative Alignment 2 (Kapule/Kūhiō Highway Path) •Sub-Alternative 3 (Ocean Bay Plantation—Upper Cane Haul Road) •Sub-Alternative 4 (Hilton Lane and Marine Camp Connection) •Sub-Alternative 5 (Radisson Hotel Bypass) •Sub-Alternative 6 (Wailuā Golf Course Tunnel) Refer to Appendix E—Alternative Maps 1 through 6, and Tables 1, 2, and 3 at the end of this chapter for the following discussion. 5.2.1. Common Elements to all Path Alignments Each alignment and sub-alignment alternative has one segment in common, the reach between Ahukini Point and Hanamā‘ulu Beach Park because of a lack of other viable locations on which to construct the path. All path alignments that were considered have the following elements in common: •Connection to Ahukini Point, including a new comfort station and on-street bicycle facility extending along Ahukini Road to the Līhu‘e Airport and Kapule Highway; •Use of the abandoned can haul road/railroad bed and Historic Hanamā‘ulu Railroad Bridge for the path; •Connection to Hanamā‘ulu Beach Park, including the reconstruction of an existing comfort station; •Connection to the existing comfort station located south of the Radisson Hotel on Hilton Lane, including a path trailhead and automobile parking improvements; FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 5 Ahukini to Lydgate Park Bicycle/Pedestrian Path Alternatives to the Proposed Action Page 5-2 •Connection to the Radisson Hotel; •Connection to the Marine Camp site, including a new comfort station, path trailhead, and new gravel parking lot; •Connection to the Wailuā Golf Course; •Connection to the existing path in Lydgate Park; •Eight to ten foot width concrete path with 3-foot wide shoulders; and •Minimum corridor width of 16 feet. 5.2.2. Alternative Alignment 1 (Coastal Path) (Refer to Appendix E – Alternative Alignment Map 1-6) The Coastal Path Alignment is approximately 4.5 miles in length and is located along the coastline whenever possible. The major characteristics of the Coastal Path Alignment Alternative are: •Is along the coast from approximately 2,000 lineal feet south of the Radisson Hotel all of the way to Lydgate Park, including the Wailuā Golf Course. •Requires significant dune restoration to construct the path along the golf course reach. •Requires specially designed wood and recycled plastic board walks for the pathway. •New bike and pedestrian bridge that attaches to the existing Kamalani Play Bridge in Lydgate Park. 5.2.3. Alternative Alignment 2 (Kapule/Kūhiō Highway Path) (Refer to Appendix E– Alternative Alignment Map 1-6) The total distance of the Kapule/Kūhiō Highway Alternative is approximately 4.8 miles. The Kapule/Kūhiō Highway Path alignment generally runs parallel to both the Kapule and Kūhiō Highways most of its length. However, since the Kapule Highway Bridge spanning over the Hanamā‘ulu Stream does not have accommodations for bicycles or pedestrians and any such accommodation would be unsafe and cost prohibitive, the path will need to depart the highway corridor and make a connection into the abandoned cane haul road located mauka of the highway on the north side of Hanamā‘ulu Bay. A major characteristic of the Kapule/Kūhiō Highway Path Alignment Alternative is: •Avoids potential environmental conflicts that may occur with a coastal path alignment. 5.2.4. Sub-Alternative 3 (Ocean Bay Plantation – Upper Cane Haul Road) (Refer to Appendix E – Alternative Alignment Map 1-6) This alignment alternative takes advantage of the abandoned cane haul road rather than the area with the Conservation lands. Major characteristics of the Ocean Bay Plantation – Upper Can Haul Road Alignment Alternative are: •Relatively easy and inexpensive construction. •Can be very hot on the abandoned cane haul road due to a lack of trade winds. •Ocean views are often blocked because of vegetation and land. 5.2.5. Sub Alternative 4 (Hilton Lane and Marine Camp Connections) (Refer to Appendix E – Alternative Alignment Map 3) This Sub-Alternative was provided in order to provide a connection to those two locations from the Kapule/Kūhiō Highway Path Alternative. Major characteristics of the Hilton Lane and Marine Camp Connections Alignment Alternative are: •Connections to the Marine Camp site and existing comfort station located south of the Radisson Hotel, including parking lot improvements and trailhead amenities. •Relatively easy and inexpensive construction along Hilton Lane. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 5 Ahukini to Lydgate Park Bicycle/Pedestrian Path Alternatives to the Proposed Action Page 5-3 5.2.6. Sub-Alternative 5 (Radisson Hotel Bypass) (Refer to Appendix E – Alternative Alignment Map 3) This sub-alternative was identified as an alternative to locating the path makai of the Radisson Hotel and Kaua‘i Beach Villas Condominium complex, including a bridge over the drainage ditch that flows along the north edge of the Radisson property. Major characteristics of the Radisson Hotel Bypass Alignment Alternative are: •Eliminates one new bike/pedestrian bridge. •Utilizes an abandoned cane haul road and existing box culvert bridge over the drainage ditch. •Requires an at-grade crosswalk at Kaua‘i Beach Drive. •Relatively easy and inexpensive construction along Hilton Lane and the abandoned cane haul road. 5.2.7. Sub-Alternative 6 (Wailuā Golf Course Tunnel) (Refer to Appendix E– Alternative Alignment Map 4) The Wailuā Golf Course Tunnel was identified as an alternative to the Coastal Path along the 1st and 2nd fairways of the golf course. It also allows for an additional path alignment alternative that combines a portion of the Highway and Coastal Alternatives. This sub-alternative involved dividing the golf course along the south edge of the driving range and parking lot, thereby avoiding the entrance drive into the golf course parking lot. In order to minimize disturbance to the golf course from this alignment, a tunnel is proposed to extend underneath the 1st tee. Major characteristics of the Wailuā Golf Course Tunnel Alignment Alternative are: •Tunnel would reduce conflicts between path users and those playing golf. •Eliminates the possibility of negative impacts to the 1st and 2nd fairways and greens. •Is less expensive to construct than the path alternative along the 1st and 2nd fairways and greens. 5.3. Explanation for the Non-Selection of Alternative Path Alignments The Path Alignment Alternatives identified in Section 5.2 were presented in the DEA and at Public Input Meeting Two. The public was given the chance to select the No Build Alternative as well as all other alternatives. As part of the EA process, a notice of availability and request for comment on the Draft EA was published in the OEQC Environmental Notice on November 23, 2005. Written comments received during the DEA review period and Public Input Meeting Two are summarized in this section as explanations of why a given Alternative Path Alignment was not selected. Comments from each public agency and civic organization can be found in Appendix C of the Final EA. Refer to Chapter 7 for Public Meeting Minutes and to view letters from the public regarding the project. Since two major alternative alignments and four sub-alternative alignments were identified in preparation of the DEA, it was likely that the eventual preferred path alignment could be a hybrid of more than one path alignment alternative based on known environmental resources and potential to impact listed bird species. 5.3.1. Alternative Alignment 1 (Coastal Path) The Coastal Path Alternative received the most negative feedback and concerns than any of the other Alignment Alternatives during the DEA comment review period. Of the 18 written responses received, 13 comment letters contained comments not supporting a coastal path alignment. Negative consequences to the environment such as the endangered monk seal, conflicts with the Wailuā Golf Course along the coastline, and coastal erosion issues that might eventually destroy the path, dominated the concerns. It is important to note that despite the negative comments, none specifically suggested that a coastal path alignment could not be permitted and eventually constructed. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 5 Ahukini to Lydgate Park Bicycle/Pedestrian Path Alternatives to the Proposed Action Page 5-4 Another concern was the cost of construction and long-term maintenance of the dune restoration/path portion of the coastal path alignment. In addition to a maintenance plan, the costs to put the plan into action were also a concern. Because of the dynamic nature of the coastal environment and the likelihood that erosion rates would be intensified during storms, tsunamis, and hurricanes, the annual maintenance costs for the Coastal Path are unpredictable. 5.3.2. Alternative Alignment 2 (Kapule/Kūhiō Highway Path) The Kapule Highway reach of the Kapule/Kūhiō Highway Path was eliminated because other more desirable alignment alternatives including the Hilton Land and Marine Camp connections and Radisson Hotel Bypass sub-alternatives were found to have widespread support and received no adverse comments. In addition, these two sub-alternatives provide connections to important destinations and trip generators including the Marine Camp site, Radisson Hotel Complex, and the existing comfort station east of the Radisson Hotel. 5.3.3. Sub-Alternative 3 (Ocean Bay Plantation) Some portions of the upper cane haul sub-alignment alternative were incorporated into the preferred alignment while other portions were not. The portion that was eliminated includes the railroad grade that runs along the south edge of the property near the coastline between Connection Points A and B (refer to Alternative Alignment Maps 1 and 2). Comments from agencies and private citizens included one comment of no support because the shoreline along Hanamā‘ulu Bay is unsafe for pedestrians and too rocky for construction. 5.3.4. Sub-Alternative 6 (Wailuā Golf Course Tunnel) The Wailuā Golf Course Tunnel sub-alternative did not receive any support in the comments received. Five negative comments were identified including user conflicts between path and golf course users, noise from path users disrupting golf play, potential for increased maintenance for golf course maintenance staff, and negative impact to sacred Hawaiian burial grounds. 5.4. Alternatives Selected and Eliminated Prior to the DEA A path alignment alternative was explored that would locate the path on the mauka side of both Kūhiō and Kapule Highways. The alignment alternative was eliminated for the following reasons: 1.A mauka path alignment will not safely connect important destinations and trip generators such as Lydgate Park, Wailuā Golf Course, Radisson Hotel Complex, the Marine Camp site and motor- cross facility. There are no important destinations or trip generators on the mauka side of the highways between Lydgate Park and Kapule Highway. 2.Two highway crossings would be required, one adjacent to Lydgate park and the other before the Kapule Highway Bridge over Hanamā‘ulu Stream. There are no traffic signals in the vicinity of Lydgate Park through the Wailuā Golf Course, rendering an at-grade crossing extremely unsafe. If the crosswalk were to be signalized, the flow of traffic would be slowed to allow for persons to cross the highway. The signalized intersections at Kūhiō and Kapule Highway or Kapule Highway and Ahukini would be the best locations for the second crossing, however, additional time would need to be allowed in the signal for persons crossing the highway, slowing the movement of automobiles in all directions. 3.The Hawai‘i Department of Transportation will not allow for a signalized crosswalk in between Lydgate Park and the Kapule/Kūhiō Highway intersection. 4.Construction of a bike and pedestrian bridge over the highways would be very expensive to construct and maintain. In addition, future widening or relocation efforts on the highways could render the bridge overpasses useless. 5.There was no support for the mauka highway path alignment alternative in the first two public meetings. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 5 Ahukini to Lydgate Park Bicycle/Pedestrian Path Alternatives to the Proposed Action Page 5-5 5.5. Summary of Draft Environmental Assessment Comments The following Tables provide a summary of the comments that were received from regulatory agencies, private property owners, and citizens for the alignment and sub-alignment alternatives. Only the comments that relate directly to alignment issues are included on the Summary Chart. To review the un-edited comment letters, refer directly to Appendix C. Table 1: Summary of Agency and Public Comments of the Alternative Alignments from the Draft Environmental Assessment FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 5 Ahukini to Lydgate Park Bicycle/Pedestrian Path Alternatives to the Proposed Action Page 5-6 Table 1: Summary of Agency and Public Comments of the Alternative Alignments from the Draft Environmental Assessment (Continued) FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 5 Ahukini to Lydgate Park Bicycle/Pedestrian Path Alternatives to the Proposed Action Page 5-7 Table 1: Summary of Agency and Public Comments of the Alternative Alignments from the Draft Environmental Assessment (Continued) FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 5 Ahukini to Lydgate Park Bicycle/Pedestrian Path Alternatives to the Proposed Action Page 5-8 Table 2: Summary of Agency and Public Comments of the Sub-Alternative Alignments from the Draft Environmental Assessment FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 5 Ahukini to Lydgate Park Bicycle/Pedestrian Path Alternatives to the Proposed Action Page 5-9 Table 2: Summary of Agency and Public Comments of the Sub-Alternative Alignments from the Draft Environmental Assessment (Continued) FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 5 Ahukini to Lydgate Park Bicycle/Pedestrian Path Alternatives to the Proposed Action Page 5-10 Table 3 presents a summary showing how Alignments #1 and #2 and Sub-Alignments #3-#6 meet the project Purpose and Need. Table 3: Summary How of Alignments #1 and #2, Sub-Alignments #3-#6 Meet Purpose and Need Alignment Purpose: Shared Use Path Need: Alternative Form of Transportation Need: Affordable Recreation for all ages and abilities Need: Safe mode of transportation and recreation Need: Means for ecotourism Alignment #1 YES YES YES YES YES Alignment #2 YES YES YES YES YES Sub-Alignment #3: Ocean Bay Plantation— Upper Cane Haul Road YES YES YES YES YES Sub-Alignment #4: Hilton Lane and Marine Camp Connections YES YES YES YES YES Sub-Alignment #5: Radisson Hotel Bypass YES YES YES YES YES Sub-Alignment #6: Wailuā Golf Course Tunnel YES YES YES YES YES While all alignments and sub-alignments had the ability to meet all points of purpose and need, not all alignments were selected due to agency and public comments, cost of construction, impacts to Native Hawaiian burial ground, potential impacts to listed species and property ownership limitations. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 6 Ahukini to Lydgate Park Bicycle/Pedestrian Path Determination 6.0 DETERMINATION 6.1 State of Hawai‘i Finding of No Significant Impact (FONSI) Based on the findings and investigations as evidenced in this report, the proposed path is not expected to result in negative significant social, economic, cultural, or environmental impacts. As a result, it is defined that, as per the provisions of Subchapter 6 of Chapter 200, Title 11, Hawaii Administrative Rules of the Department of Health, that a Finding of No Significant Impact (FONSI) has been determined for this project. 6.2 Findings / Significance Criteria and Reasons According to the Department of Health Rules (11-200-12), an applicant or agency must determine whether an action may have a significant impact on the environment, including all phases of the project, its expected consequences, both primary and secondary, it's cumulative impact with other projects, and it's short and long term effects. In making the determination, the Rules establish "Significance Criteria" to be used as a basis for identifying whether significant impact environmental impact will occur. According to the Rules, an action shall be determined to have a significant impact on the environment if it meets any one of the following criteria: 1. Involves an irrevocable commitment to loss or destruction of any natural or cultural resources; The proposed project will not cause any irrevocable loss of natural or cultural resources. Existing parks that can be accessed from the corridor have been used historically for recreation and fishing. The project will not cause a loss or destruction of these parks or the cultural activities that occur within them. Additionally, ocean views will not be impacted with the construction of the path or path amenities. Should any archaeologically significant artifacts, bones, or other indicators of previous on-site activity be uncovered during the construction phase, their treatment will be conducted in strict compliance with the requirements of the Department of Land and Natural Resources. 2. Curtails the range of beneficial uses of the environment; The alignment occurs within parks and park corridors that are dedicated to active and passive recreation. Currently, there is no restriction or direction given to people who walk, run, or jog within the parks or through the various habitats. With the construction of the trail, the users will restrict movement to the trail and thereby protect the environment from encroachment. 3. Conflicts with the State’s long term environmental policies and guidelines as expressed in Chapter 344 HRS; and any revisions thereof and amendments thereto, court decisions, or executive orders; The proposed trail project is consistent with the Environmental Policies established in Chapter 344, HRS. 4. Substantially affects the economic or social welfare of the community or state; The proposed project will provide a significant and positive impact on the Kaua‘i community in the short term with employment opportunities, and in the long term with enhanced and improved recreational opportunities. 5. Substantially affects public health; During construction, there will be minor impacts to air quality and noise levels. After completion of the construction work, these will be insignificant or undetectable. The positive aspects of the proposed project in the areas of economic and social benefits such as improved health through exercise and recreation for the community are greater than the "No Action" alternative. Page 6-1 FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 6 Ahukini to Lydgate Park Bicycle/Pedestrian Path Determination Page 6-2 6.Involves substantial secondary impacts, such as population changes or effects on public facilities; Impacts on public facilities will not be an issue. It is expected that the trail project will bring more tourists to Kaua‘i who are interested in eco-tourism and recreation, but it is not expected that the trail project will bring an increase in population to live on Kaua‘i. 7.Involves a substantial degradation of environmental quality; The trail project and its construction do not involve a substantial degradation of environmental quality. 8.Is individually limited but cumulatively has considerable effect upon the environment or involves a commitment for larger actions; The Ahukini to Lydgate Park Bike and Pedestrian Path will make the current county park system more accessible via non-motorized transportation, especially for those who cannot operate a motorized vehicle because of a disability or age, and will be sited away from environmentally sensitive areas, and does not commit resources or energy for a larger action. 9.Substantially affects a rare, threatened, or endangered species, or its habitat; No endangered plant or animal species will be adversetly affected by the project with mitigations. 10.Detrimentally affects air or water quality or ambient noise levels; There are no air or water quality or noise issues surrounding this project. All measures will be taken during construction to prevent runoff. 11.Affects or is likely to suffer damage by being located in an environmentally sensitive area such as a flood plain, tsunami zone, beach, erosion-prone area, geologically hazardous land, estuary, fresh water, or coastal waters; The preferred alignment is not on the coast, and therefore, will not affect the environmentally sensitive areas of concern. 12.Substantially affects scenic vistas and viewplanes identified in county or state plans or studies; or, The path will not substantially affect the views into or out of the corridor. 13.Requires substantial energy consumption. The construction and/or use of the path, the bridges, and/or comfort station will not require substantial consumption of energy or resources. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7  Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-1 7.0 CONSULTATIONS, MEETINGS, PRESS RELEASE, PUBLIC COMMENT 7.1 PREASSESSMENT CONSULTATIONS- Refer to Appendix B for a copy of all of the preassessment consultation meeting minutes that occurred before the Draft Environmental Assessment was published. 7.2 PUBLIC MEETINGS 7.2.1 Public Meeting Number One AGENDA Environmental Assessment Public Meeting #1 Wednesday, June 22, 2005 7:00 PM to 9:00 PM King Kaumualiµi Elementary School Hanamaµulu, Hawaii 7:00 – 7:10 Welcome to Attendees Introduction of County officials in attendance Summary of the agenda for meeting Introduction of Doug Haigh, County Project Manager 7:10 – 7:25 Presentation on Nawiliwili – Anahola Bike & Pedestrian Path Project by Doug Haigh Questions and answers 7:25 – 8:00 Introduction Merle Grimes, MDG, Inc LLC, team lead Introduction of team and respective roles Presentation on Ahukini-Lydate Bike & Pedestrian Path Environmental Assessment project Questions and answers 8:00 – 8:05 Small group exercise instructions Break into 4 groups Each group has one or more project team members Groups provided with maps and colored markers Assignment: Mark special and significant places in green Mark preferred trail alignments in blue Mark desired amenities and locations in red Use post-it notes to provide more detail 5 minute summary report to the large group 8:05 – 8:40 Small groups meet to complete their assignments 8:40 – 9:00 Small group summary reports – 5 minutes max each 9:00 Next steps and brief closing remarks FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped PatK &RQVXOWDWLRQVDQGPublic Meetings Page 7-2 AHUKINI-LYDGATE BIKE & PEDESTRIAN PATH Environmental Assessment Public Meeting #1 Wednesday, June 22, 2005 7:00 PM to 9:00 PM King Kaumualiµi Elementary School MEETING NOTES WELCOME AND MEETING OVERVIEW Project Team Public Communications Consultant and meeting facilitator, Roxanne MacDougall opened the meeting and reviewed the agenda and objectives, which were: Provide information on the scope of the environmental assessment project Present a visual tour of the path corridor, with discussion on potential alignments Answer questions and receive public input on the project OVERALL MULTI-USE PATH HISTORY AND BACKGROUND Doug Haigh, Chief of the County Building Division and Project Manager for the Nawiliwili to Anahola Bike and Pedestrian Path Project provided background on the origins of the project. Details on this information may be found in the County of Kaua‘i website, on a page devoted to the bike and pedestrian path project. The page address is www.kauai.gov/bikepath/aspx. AHUKINI-LYDGATE PATH PRESENTATION Lead consultant, Merle Grimes, of Merle D. Grimes LLC, presented an extensive discussion of the options and issues related to this phase of the path. A PowerPoint slide show was used to provide a visual tour of the path corridor. During the presentation, members of the consulting team provided additional information. Sara Simmons-Fife, Sweetgrass Design, described the complex permitting process required as part of the environmental assessment. Charles Fletcher, PhD, University of Hawaii coastal expert, discussed the causes of beach erosion and the possibilities available for a win/win solution that protects the golf course while providing a coastal path. He stressed that beach erosion can not be stopped, but it can be delayed and reduced by periodic replenishing of the dunes. Mike Dega, SCS Archeology, spoke about the historically and culturally significant sites along the ocean side path. There are numerous prehistoric sites, as well as plantation era sites. These would be protected and educational signage installed along the path. QUESTIONS, ANSWERS AND COMMENTS: Question from Attendee: If I started my own bicycle company, for the bike path, there are a lot of people out there who walk. Who takes precedence? Doug Haigh (project manager for the County) answers: As people, we work it out. Signs tell the protocol. Merle Grimes (team lead) answers: In Lydgate, the Federal funding is to reduce vehicular traffic. Bicycles are a major component of that. We design these at a standard that can accommodate a variety of uses. The path allows for walkers, joggers, cyclists which is the reason for the 10-12’ path. Some neighborhoods require a 14’ wide path. Sometimes we put a stripe down the middle to differentiate users. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-3 Cyclists have every right to be on the path. The etiquette, calls for cyclists first. Signage like at Lydgate indicates that when a cyclist is approaching a pedestrian or slower cyclist is to announce “on your right, passing on your left.” Usually it just works out. There are no national liability issues typically with mixed use path projects. Most paths are there for recreation. The highway cyclists who want to go fast are usually on the highways. Comment from Attendee:Planning of this is wonderful, in the future more tourists will be in front of the Kaua‘i Villas and the Radisson, there will be more of this, and wonder what the impact will be in the future, the hotels will be encouraging people to use the paths, not use the highway. This is a good thing. Comment from Attendee: Liberta Aubau, Kamehameha will be building school at the edge of the golf course on Leho Drive, and the fourteen acre area confronting Aloha Beach hotel, there will be a commercial development by the Department of Hawaiian homes. Across the highway from the Correctional Facility all the way to the Wailua River there will be new homes planned. The first increment will be 200 homes in 2007. Will offer a copy of the plan. MAP EXERCISE After the presentation, and questions/answers, meeting participants gathered around a map of the corridor. They marked special places, preferred path alignments and amenities. They discussed their preferences with the consulting team. CLOSE Merle Grimes thanked the participants for their excellent feedback. The second public meeting will be held August 22, 2005 at the Lydgate Park Pavilion. 7.2.2 Public Meeting Number Two AHUKINI-LYDGATE BIKE & PEDESTRIAN PATH Environmental Assessment Public Meeting #2 Monday, August 22, 2005 7:00 PM to 9:00 PM Lydgate Park Pavillion MEETING NOTES NOTE: THIS EVENT WAS FILMED BY HOIKE PUBLIC TELEVISION AND WILL BE AIRED ON CHANNEL 52. WELCOME AND MEETING OVERVIEW Project Team Public Communications Consultant and meeting facilitator, Roxanne MacDougall opened the meeting and reviewed the agenda and objectives, which were: Provide information on potential path alignments Answer questions and receive input on proposed or new alignments, significant places and desired path amenities. OVERALL MULTI-USE PATH HISTORY AND BACKGROUND FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-4 Doug Haigh, Chief of the County Building Division and Project Manager for the Nawiliwili to Anahola Bike and Pedestrian Path Project provided background on the origins of the project. Details on this information may be found in the County of Kaua‘i website, on a page devoted to the bike and pedestrian path project. The page address is www.kauai.gov/bikepath/aspx. AHUKINI-LYDGATE PATH PRESENTATION Lead consultant, Merle Grimes, of Merle D. Grimes LLC, presented an extensive discussion of the options and issues related to this phase of the path. A PowerPoint slide show was used to illustrate the geography and simulate various ways the path might be designed. Six maps were taped to tables, so that participants could look at them and write comments during the presentation. Several path alignment options were discussed, including: A totally coastal pathway, running from Ahukini Landing to the Kamalani Kai Bridge, along the ocean. This option will require beach restoration along the Wailua Golf Course, where erosion is a major problem. A route that moves inland to go around the golf course along the highway. A route that partially goes along the ocean side of the golf course and also goes along the highway, with a tunnel to move pedestrians and cyclists across the golf course, with minimal disturbance to golfers. A route that avoids the golf course entirely by going mauka of the highway. During the presentation, four members of the consulting team provided additional information. Sara Simmons- Fife, Sweetgrass Design, described the complex permitting process required as part of the environmental assessment. Charles Fletcher, PhD, University of Hawai‘i coastal expert, discussed the causes of beach erosion and the possibilities available for a win/win solution that protects the golf course while providing a coastal path. He stressed that beach erosion can not be stopped, but it can be delayed and reduced by periodic replenishing of the dunes. Frank Sullivan, golf course designer, spoke about the use of tunnels in golf courses. He has implemented a tunnel at Pua Kea golf course. Mike Dega, SCS Archeology, spoke about the historically and culturally significant sites along the ocean side path. There are numerous prehistoric sites, as well as plantation era sites. These would be protected and educational signage installed along the path. Merle Grimes concluded the presentation, with a summation of the options. He then opened the floor to questions, answers and comments. QUESTIONS, ANSWERS AND COMMENTS: C-If we don’t restore the dunes, we will lose part of the golf course. This is the simple fact that we must recognize. We don’t have a choice. Q - What about the moving of boulders. Several years ago, the county had issues with A - We will not be moving existing boulders. They will be buried in the sand. Q - What are the options for connecting with the Kamalani Kai Bridge? Can we consider a cable bridge? What about the wheel chair area? A - We are intending to design a bridge compatible with the existing bridge. We can consider a cable bridge and will ensure wheelchair access. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-5 C - Please make the path accessible with dogs, and horses if possible. Allow dogs on leashes so people have a place to walk their dogs. C - The Kapaa Business Association is in support of the path. The speaker had some concerns about putting the path along the golf course lower to the beach, in order not to block the view from the golf course. The tunnel is better than going alon the dunes. There are safety issues with people potentially getting hit by golf balls. The fence and protection takes away golfers’ view of the ocean. This is one of the top public golf courses in the country. We don’t want to hurt this position. C - I prefer the coastal route. I also prefer that you keep the signs low to the ground so they don’t intrude upon the views and environment. Q - Why would you consider any non-coastal options? Other options are not for pedestrians and not true to the “Beach access forever” slogan. Also, the county is overwhelmed now. How will they handle litter, vandals, unauthorized vehicles, etc? Will there be a ranger? A - A maintenance plan will be included with the environmental assessment. It is difficult to determine costs until the path alignment is selected. The issues you raise will be explored with County officials. Vehicles can be locked out. Other communities have formed non-profits to support the maintenance, safety and enjoyment of the pathways. Kaua‘i could consider such a model. C- “Undesirables” will be on and around the path at night, making it unsafe. It is hard to stop them. Comment submitted in writing at the end of the meeting: New TEA funding just passed. More money for cycle/pedestrian projects comes down to the state DOT in the millions. Use that money for the Kapule/Kuhio Highway cycle/pedestrian improvements later (make the State DOT accountable). Use this money, the current TEA funds, for the coastal path. SMALL GROUP EXERCISE The participants were asked to break into small groups. Each group had one or more project team members with them. The groups worked with the black and white area maps taped to the tables. They were given colored markers. Their assignment: Mark special and significant places in green Mark preferred trail alignments in blue Mark desired amenities and locations in red Use post-it notes to provide more detail There was active participation and a wealth of feedback provided. The consultants collected all maps and will process the feedback provided. FINAL UNOFFICIAL “STRAW” VOTE To get a sense of where people were in their preferences at the end of the meeting, the audience was polled on their choice of path options. The results were: Coast path only - 27 votes Tunnel options - 4 votes FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-6 All highway option - 0 votes Mauka option - 0 votes. CLOSE Merle Grimes thanked the participants for their excellent feedback. The third and final meeting will be held in the late fall/early winter. The date will be announced through multiple media, including the web page www.kauai.gov/bikepath.aspx. 7.2.3 Public Meeting Number Three AHUKINI-LYDGATE BIKE & PEDESTRIAN PATH Environmental Assessment Public Meeting #3 Tuesday, May 23, 2006 7:00 PM to 9:00 PM Lydgate Park Pavilion MEETING NOTES NOTE: THIS EVENT WAS FILMED BY HOIKE PUBLIC TELEVISION AND WILL BE AIRED ON CHANNEL 52. CONTACT HOIKE FOR THE SCHEDULE. WELCOME AND MEETING OVERVIEW Project Team Public Communications Consultant and meeting facilitator, Roxanne MacDougall opened the meeting and reviewed the agenda and objectives, which were: Overview and update the Nawiliwili-Anahola Bike & Pedestrian Path Review the Ahukini-Lydgate Bike & Pedestrian Path Draft Environmental Assessment Present a visual tour of the Ahukini-Lydgate preferred alignment Receive public comment and answer questions NAWILIWILI-ANAHOLA BIKE & PEDESTRIAN PATH Doug Haigh, Chief of the County Building Division and Project Manager for the Nawiliwili to Anahola Bike and Pedestrian Path Project provided background on the origins and scope of the overall project. He gave an update on progress on the various segments of the path. An overview article about the project may be found in the County of Kaua‘i website, on a page devoted to the bike and pedestrian path project. The page address is www.kauai.gov/bikepath/aspx. AHUKINI-LYDGATE BIKE & PEDESTRIAN PATH DRAFT ENVIRONMENTAL ASSESSMENT Lead consultant, Merle Grimes, of Merle D. Grimes LLC, reviewed the Ahukini-Lydgate project and the Draft Environmental Assessment, which is published on the website listed above. This document was created over several months of research and comment from government agencies and the general public. A PowerPoint slide show was used to illustrate the path alignment options, and their pros and cons. Three path alignment options were evaluated in the Draft EA: A totally coastal pathway, running from Ahukini Landing to the Kamalani Kai Bridge, along the ocean. This option would require beach restoration along the Wailua Golf Course, where erosion is a major problem. This option is not viable, due to environmental and economic concerns expressed by a number of agencies. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-7 A route that moves inland to go around the golf course along the highway. Portions of this route are included in the preferred alignment, to be discussed below. A route that avoids the golf course entirely by going “mauka” of the highway, across the highway toward the mountains. This route is not viable due to safety concerns related to crossing a very busy road with fast-moving traffic. AHUKINI-LYDGATE ENVIRONMENTAL ASSESSMENT PREFERRED ALIGNMENT Merle Grimes went on to describe the preferred alignment which has emerged from consultant research and extensive input from governmental agencies and the general public. He took the audience on a visual tour of the path. The exact path and design details have not be determined at this time. The final EA will be accompanied by 30% design drawings, as well as a maintenance plan. The path will move from the Ahukini fishing pier, around Hanama‘ulu Bay, across the restored old haul cane bridge, along ocean bluffs to lands south of the Hilton Hotel. It will then move inland and run along the ocean side of the Kuhio Highway all the way to Lydgate Park. Grimes provided considerable detail on how this route can best be accomplished. He also showed where beach access and public amenities might be located. He ended his presentation with a brief discussion on a maintenance plan to accompany the Final Environmental Assessment. QUESTIONS, ANSWERS AND COMMENTS Primarily fielded by Merle Grimes Comment: This is a good compromise. I support it. I want to clarify some details. It is possible to go over or under the highway. It can be done well, as in other areas of the country. You could use the high ground on the mauka side to help the grade. At Hilton Road, you could go under the highway, via a trench. The mauka route does have advantages, including scenery. I also think you are underestimating the difficulty of the 10 th hole bottleneck. But, all in all, this is a good solution. It does not go through wetlands. Answer: Yes, we intentionally bypass wetlands. We will do a grade elevation to go above the wetlands. Question: Why couldn’t you run the path from Marine Camp along the coast to the golf course? Answer: There are concerns. This is a monk seal area. We got a lot of agency comments on this. It is a known wetland. The resort will give us the land to go around it. This is the best option. Question: What about night use of the path? Is it allowed? Will there be lights? I am concerned about the shearwater birds and the lights. Answer: There will be no lights, except at previously existing comfort stations. Any lights will be shielded for birds. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-8 Question: There are shearwater colonies near the path. Who enforces the dog leash law? Answer: Most paths run on self-enforcement by users, with cell phones. This will not be the role of the ranger. The Draft EA went to the police and fire departments for comment. The design phase will deal with access for them to the path. Doug Haigh, Department of Public Works, Project Manager: The County ordinance allows dogs in public parks only by permit and on leash. The Department of Community Assistance, which governs parks, is currently establishing policy regarding the path system. Question: For safety purposes, will there be any location signs or mile markers, so that people who need assistance can be located? Answer: Now that the path system is growing, mile markers will make sense. This is a design decision. There will be public meetings related to design where this could be suggested. Comment from Thomas Noyes, head of Ke Ala Hele Makalae bike and pedestrian path committee: I invite all of you are interested in being on our contact list to provide me with your email address. My address is thomasnoyes@hawaiiantel.net. Comment from Mimi Ulry, DLNR and NOAA monk seal coordinator: I am concerned about the Nukoli‘i access. This is a big seal haul out area. Bikers will more easily be attracted to the seals. What will be done? Also, the old comfort station is in great disrepair. Answer: We would love to work with you to do whatever is appropriate. Signs can actually be an attractive nuisance, encouraging people to go to the seals. The comfort station is privately owned. Question: What assurance do we have that native plants will be protected? Answer: It is the rule of thumb to avoid native plants. The design phase will have a more specific alignment where we would know which plants will be affected. We do have experts to assist us, including Kaua‘i Nursery and NTBG. Doug Haigh: We are committed to use native plants and to preserve those there. Question; Who is liable for accidents from golf balls hitting people? Answer: There will be a special fence, minimum 10 feet high, designed based on the play of the ball. We will work with the golf course management and staff on this. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-9 Question: What will be done about flooding in the low area near the 12th fairway? Answer: We were there during the floods and know the problem. This will also be a design issue. Question: Why are you hugging the road right up to the park? Answer; We need to go around the property of the Department of Hawaiian Homelands. CLOSE Merle Grimes and Doug Haigh thanked the participants for their excellent feedback. The next step will be the completion of the Final Environmental Assessment, which will be submitted to the County to assist the decision-making of elected officials. 7.2.4 Public Meeting Number Four 7.2.4.1 Mailed Invitation The following invitation was sent to 232 of 312 Kaua‘i Residents who signed a petition against the path going through the Wailua Golf Course. Eighty of the signatures and addresses were not legible. The petition is included in section 8.5.5 - Public Comment Letters. The County of Kaua‘i invites you to participate in the Ahukini-Lydgate Bike & Pedestrian Path Environmental Assessment Public Meeting #4 Monday, February 26, 2007 Lydgate Park Pavilion 7:00 PM to 9:00 PM Agenda Overview entire Ahukini-Lydgate planning process Review path alignment options and selection process, as presented in Public Meeting #3, May 23, 2006 Review golf course alignment and possible design alternatives Provide forum for public education and input Call Roxanne MacDougall at 808-822-5798 for more information. 7.2.4.2 Press Release The following press release was submitted: FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-10 AHUKINI-LYDGATE BIKE & PEDESTRIAN PATH Environmental Assessment Public Meeting #4 Monday, February 26, 2007 7:00 PM to 9:00 PM Lydgate Park Pavilion MEETING NOTES NOTE: THIS EVENT WAS FILMED BY HOIKE PUBLIC TELEVISION AND WILL BE AIRED ON CHANNEL 52. CONTACT HOIKE FOR THE SCHEDULE. NOTES WILL ALSO BE POSTED ON THE COUNTY WEBSITE AT WWW.KAUAI.GOV/BIKEPATH.ASPX WELCOME AND MEETING OVERVIEW Project Team Public Communications Consultant and meeting facilitator, Roxanne MacDougall, along with facilitator Laurie Ho, opened the meeting and reviewed the agenda and objectives, which were: REVIEW the Ahukini-Lydgate Bike & Pedestrian Path Environmental Assessment process, alignment options and preferred alignment selection FOCUS on the Wailua Golf Course alignment and design alternatives RESPOND to community questions and comments SPEAKERS Merle Grimes, Merle D. Grimes LLC, lead project consultant Steve Kyono, Hawaii Department of Transportation Ed Okamoto, Wailua Golf Course Manager Pat Phung, Federal Highway Administration Thomas Noyes, Na Ala Hele Makalae committee chairman AHUKINI-LYDGATE BIKE & PEDESTRIAN PATH ENVIRONMENTAL ASSESSMENT PROJECT Merle Grimes, supported by a PowerPoint presentation, provided background on the scope of the overall project, including the potential path alignments that were considered in the Draft EA. This document was created over several months of research and comment from government agencies and the general public. Three path alignment options were evaluated in the Draft EA: A coastal pathway, running from Ahukini Landing to the Kamalani Kai Bridge in Lydgate Park. This option would require beach restoration along the Wailua Golf Course, where erosion is a major problem. This option is not viable, due to environmental and economic concerns expressed by a number of agencies and shoreline experts. A route that moves inland to go around the golf course along the highway. Portions of this route are included in the preferred alignment, to be discussed below. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-11 A route that avoids the golf course entirely by going “mauka” of the highway, across the highway toward the mountains. This route is not viable due to safety concerns related to crossing a very busy road with fast-moving traffic. This position was supported by comments from Steve Kyono of HDOT. Merle Grimes then reviewed the rationale for the recommended preferred alignment, which is in the Draft EA. This draft may be seen in the County website on page www.kauai.gov/bikepath/aspx. AHUKINI-LYDGATE ENVIRONMENTAL ASSESSMENT PREFERRED ALIGNMENT, Merle Grimes went on to describe the Preferred Alignment, which has emerged from consultant research and extensive input from governmental agencies and the general public. He took the audience on a visual tour of the path. The Final EA will be accompanied by approximately 30% plan drawings, as well as a maintenance plan. The design and engineering phase of the project will be completed by an engineering firm during the next phase of the project. Design and engineering is not within the scope of work for the Environmental phase that is being completed by Merle D. Grimes, llc. The future engineering firm will be tasked with providing a specific alignment plan, based on specific site conditions and guidelines included in the Final Environmental Assessment and 30% complete plans. The basic description of the Preferred Alignment for the Ahukini to Lydgate Path follows: The path will move from the Ahukini fishing pier, around Hanama‘ulu Bay, and cross the existing concrete cane haul bridge over the Hanamaulu Stream, then continue on the abandoned cane haul rail road alignment above Hanama‘ulu Beach Park and onto the property known as the Moody Property and along ocean bluffs to lands south of the Hilton Hotel, again, following abandoned cane haul roads when appropriate. The path continues along the mauka edge of Hilton Lane to the Wailua Golf Course where is will follow along the existing drainage canal and Kuhio Highway all of the way to Leho Drive. The path continues makai on Leho to Nehe Road where it will follow on the south edge of the road until it connects with the existing path at Lydgate Park. Merle Grimes provided considerable detail on how this route can best be accomplished. He also showed where beach access and public amenities might be located. WAILUA GOLF COURSE REACH Project ideals that guide decision making were reviewed by Merle Grimes: Safety concerns Provide alternative form of transportation Build community bonds Meet community needs Americans with Disabilities Act compliance Compatible with other path phases Durable and high quality materials Low maintenance design Create first-rate public amenity Improve and/or sustain the coastal environment Cultural education Compatible with Wailua Golf Course Maximized existing amenities, such as the Hanama‘ulu Beach Park and railroad bridge Compatible with existing path amenities, such as Lydgate Park pathways Merle Grimes then reviewed the elements of the golf course reach that the EA will include. He also drew upon the expertise of Steve Kyono, Hawaii Department of Transportation and Ed Okamoto, Wailua Golf Course manager, in FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-12 support of the analysis and decision-making, which resulted in the selection of the preferred alignment. Mr. Kyono stated that the mauka alignment would be much too costly, the relocating of the golf course entrance across from KCCC’s entrance would be beneficial and safe (no traffic light is planned at this time) and any future highway widening would have to occur on the mauka side. Mr. Okamoto said that golf course impacts would not reduce the course quality and that locating the path along the highway to Leho Drive would eliminate a number of potential concerns. Merle Grimes reviewed the following conditions and guidelines will be included in the Final Environmental Assessment: Golf Course personnel will be consulted during all phases of the design process. The public will be provided opportunity to review and comment on proposed design solutions. There will be no loss of fairways. Safety will be improved for automobiles turning into and out of the golf course parking lot. Aesthetics of the golf course entrance will be improved by a new entrance sign and lower parking lot, plus new landscaping, paving, and fencing Signs will be placed that state that the golf course is not a parking access location for the path There will be no net loss of parking stalls Overflow parking will be provided for There will be a buffer around the interment site Visual and noise pollution from Kuhio Highway will be reduced A designer with golf course experience will be part of the design team A guardrail will be placed along Kuhio Highway where appropriate to prevent autos from driving onto the path and golf course Measures will be taken to prevent people from accessing the golf course Horses will be banned from the golf course reach of the path Trees will be moved when necessary, not removed. Landscaping buffers, where appropriate, will be placed on the golf course side of fencing Construction fencing, and an approved construction staging and phasing plan, will minimize the negative impact during construction In concluding his presentation, after reviewing general maintenance recommendations based on volunteer assistance for county parks employees, Merle Grimes opened the floor for discussion. QUESTIONS AND COMMENTS, WITH RESPONSES (PARAPHRASED) C: As a person who walks and occasionally bicycles this route, my option now is to be near cars going 50-60 mph. I am in complete support of this project, since now we have nothing but the highway. C: I am a golfer at this course several times a week. The 7th fairway goes to the out-of-bounds marker. You are taking part of the golf course at the 7th. At the 10th, golfers hit balls into the trees every day. You will take away the playability and quality of the golf course by making the 7th easier and negatively affecting the 10th. Golfers won’t like it. We have the best municipal golf course in the whole country now. Public links tournaments have come here twice. You should go mauka with the path. R: Ed Okamoto The path will infringe on the out-of-bounds for 7th and 10th. 7th is a par 3. We will still maintain the OB on 7 and 10. It will be tougher since narrower by 15-16 feet. My FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-13 position is that the path has to be put as close to the highway as possible, even in the areas that are sloped. I am trying to preserve golf course integrity as much as possible. I don’t think it will greatly impact our course. It is good that the decision was made to run along the highway to Leho Drive vs going around the 12 th. Q: Is this path a county facility? If so, you will have problems with the union for using volunteer labor. R: Merle Grimes Volunteers will only assist county workers, as they do at Lydgate Park right now. C: I am also a big walker and am very happy that this is happening. Q: What about fishing access, such as at Marine Camp? R: Merle Grimes Nothing in this reach requires driving over the path. It goes along the side of Marine Camp Road. Fishing will not be adversely affected. We hope to improve the park there. Q: What about the path attracting homeless people, as we have now in the park? R: Merle Grimes Kahalani condos had a problem with the homeless until the path went in. Generally, the homeless do not want to be beside a public path. Q: Why build on the drainage canal from the golf course? It floods regularly, now due to a fence under the bridge. R: Merle Grimes This reach does not cross that canal. Drainage has always been a problem there. Q: Why do you always talk about the view of the ocean? Why not go mauka? R: Merle Grimes: As we just showed in the presentation, there is no safe way to cross the highway twice. We tried to find a safe, affordable way and failed. In addition, HDOT did not support any highway crossings. Q: Cars could drive on the path at the 7th fairway, yes? R: Merle Grimes: There will be a guardrail installed for safety. Q: What about 11th green access? R: Ed Okamoto: We will add a fence and gate, which will be open during the day. C: I have walked this area for 20 years. I appreciate that we are preserving this forever. This is a good compromise. May bring some good for the golf course. I am highly in favor. Q: I am not against the path, just against the highway route. What happens if the DOT decides to widen the highway? R: Steve Kyono: Good question. In this area all alternatives are mauka, since we can not use public recreation lands. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-14 Q: Turn lanes for the golf course and KCCC, if aligned, will cause chaos. What happens to contra flow? R: Steve Kyono: This is an engineering issue. When it is warranted, we will consider this. Q: What is an EIS, vs an EA? Why no EIS required? R: Pat Phung, Federal Highways Administration: An EA gauges significant impact. If warranted, an EIS would be done. This meeting tonight will help us decide what is next. Q: Why not reduce the speed limit to make the road safer and make it easier to negotiate that section? R: Merle Grimes: A traffic study would assess this and would be required before any action could be taken. This is part of the design phase. Q: What is the total mileage of this section and would it be possible to consider horses for the Marine Camp area? This has been a past use. I just want to get this request on the record. R: Merle Grimes: About 4.5 miles. Horses on the path would be dealt with in future work. C: By same participant shown in second comment: If you take away 7 and 10 rough, it does impact quality. Narrowness is not an improvement. Golfers hit balls over the trees. A wall will not be safe. R: Merle Grimes: In the design phase, canopies can be considered to protect users of the path in certain key areas. Q: Are there any plans for path access for Hanama`ulu residents? School? R: Merle Grimes: The best highway crossing is at Ahukini Road. This is a tough issue. The highway is a major problem. Better addressed in the design phase. C: I was disappointed that we could not go along the shoreline, but I like this and am excited. Let’s build it. Q: I am excited about using the old train bridge. Can we keep the old pavilion design? R: Merle Grimes: Yes, this is the plan. C: I appreciate what you are doing. There are no kids here tonight. This is for them. It will be great to bring kids to the path. Q: I am really excited about the possibilities. This is an amazing process. How about a boardwalk on the shore for pedestrians? R: Merle Grimes: We looked at that with shoreline experts. Golfers were very opposed to an ocean side route. Shoreline erosion is an issue. It is an expensive option, with many challenges. Ed Okamoto: The coast route would create much loss for 1, 2 and 17, our signature hole. FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-15 I was very much against it. C: My husband plays golf at Wailua. I enjoy seeing the golfers as I drive by. It is beautiful. Don’t build a wall. C: I am impressed by effort to fin win/win. Put a top over for safety. Look for a pedestrian path along the shore. This is great. I am totally for it and looking forward. R:Merle Grimes: We can canopy, as mentioned. There is a type of “floating” boardwalk. This is preferable to social trails and ATV’s on the dunes. Q: Could we do it without a boardwalk? R: Merle Grimes: It is possible, using signage. This will be important to study for a future walking-only path. C: Thanks, I voice my support. I am disappointed about the coast trail, but I understand why. I am afraid of the section along the highway, to bring my child there. I have been hit by a golf ball. Do cover the trail. R: Merle Grimes: The design phase criteria will include what types of fence, plus the requirement for a golf course designer. C: I commend you all. My wife and I drive here from Anahola everyday of the week, for years. Will leashed dogs be allowed? R: Thomas Noyes, Na Ala Hele Makalae Committee: The path is a county park and currently dogs are not allowed in county parks. We are working on a permitting system for dogs and horses. C: I am in support of leashed dogs on the entire path. NEXT STEPS In closing the meeting, Merle Grimes reiterated that all comments will be included in the Final EA, to be submitted to the county and to the Federal Highways Administration. These entities will determine whether any further work will be needed. Once a Final EA is approved, it will be used to guide the design and engineering phase of the project. The design phase will determine the best way to implement the preferred alignment as presented at this meeting and in the Final EA, and will include more study and public input. 7.2.5 Meeting with Stakeholders at Wailua Golf Course AHUKINI POINT TO LYDGATE PARK MEETING MINUTES DATE: August 18, 2005 WORKSHOP TIME: 7:00 p.m. HST WORKSHOP LOCATION: Wailua Golf Course FROM: Sara Edi Simmons-Fife WORKSHOP ATTENDEES: Tim Bynum, Mayor's Office FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 7 Ahukini to Lydgate Park Bike/Ped Path &RQVXOWDWLRQVDQGPublic Meetings Page 7-16 Doug Haigh, County Public Works, project manager Ed Okomoto, Golf Course Manager Various golfers on island Merle D. Grimes, MDG, llc Sara Edi Simmons-Fife Dr. Chip Fletcher, University of Hawai‘i Frank Sullivan, Team Golf Course Consultant Thomas Noyes, Team Computer Imaging Consultant Roxanne MacDougal, Team Public Facilitator WORKSHOP SUBJECT: Path Routing Interaction with Wailua Golf Course The workshop began with Merle introducing the team to the golf course stakeholder group, and gave a brief overview of the project and the various situations that the path will have to interact with the golf course. Merle described the Highway Alignment first, using a power point presentation constructed by Thomas. Merle showed and described that should the path be aligned along the highway in the area of the golf course, it would require a tall net to be installed along hole #10 and at the # 17 green to keep the balls out of the highway and off the path. The other solution for this area, would be to re-build the tees lower. The path must avoid the existing interment site that is located in the parking lot at the highway. From the team discussions with the State Archaeologist, Nancy McMahon, she wanted to see a thirty foot (30’) buffer around the interment site. Merle also described the crossing at the entrance to the Golf Course as very dangerous. Then, he described the Coastal Path issues and how this alignment relates to the Golf Course. Merle said that this alignment could potentially have several sub alternatives. That the path would begin on the north end at the point of the existing playbridge at Lydgate Park. This connection may be a swinging bridge. The path would go past the 17th green and be tight at the green. At the 18th tee, would be a boardwalk and the path would be hidden down the slope. Thomas’ power point presentation then showed a photo simulation at the 17th to show the helical piles and boardwalk. Behind the driving range in 1994 and 1995, behind the driving range, is eroded and some natural vegetation has come back. A fiber optic cable at the south end of the range was installed in 1994. CHAPTER 8 Ahukini to Lydgate Park Bicycle/Pedestrian Path References 8.0 REFERENCES 8-1 CHAPTER 8 Ahukini to Lydgate Park Bicycle/Pedestrian Path References 8-2 CHAPTER 8 Ahukini to Lydgate Park Bicycle/Pedestrian Path References 8-3 CHAPTER 8 Ahukini to Lydgate Park Bicycle/Pedestrian Path References 8-4 CHAPTER 8 Ahukini to Lydgate Park Bicycle/Pedestrian Path References 8-5 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix A: FEDERAL CONSULTATIONS UNDER THE FHWA NEPA PROCESS: NATIONAL HISTORIC PRESERVATION ACT, SECTION 106 ENDANGERED SPECIES ACT, SECTION 7 COASTAL ZONE MANAGEMENT ACT FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path NATIONAL HISTORIC PRESERVATION ACT, SECTION 106  FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX A Federal Consultations Page A-1 National Historic Preservation Act Section 106 Consultation, National Historic Preservation Act “Historic Properties” include districts, sites, buildings, structures, and objects that are included in the National Register of Historic Places. However, it is possible that a historic property may not be listed in the National Register but it may be eligible for inclusion. It is necessary to consider properties that are eligible for inclusion in the National Register in the 106 review process. The National Historic Preservation Act requires that federal agencies consider their effects of their actions on such properties under Section 106. Efforts to Identify Historic Properties Historic Properties along the corridor were identified by a series of pre-assessment consultations with agencies and native Hawaiian people to identify sensitive places, sites and areas in the project area. In addition, two reports were prepared for the project that assisted in the identification and description of historic and archaeological resources in the area. These reports can be found in Appendix D of this report. The National Register of Historic Places website was reviewed, and no historic places were documented along the corridor in that particular database. However, for properties that have not been evaluated for eligibility in the National Register, the National Register criteria (36 CFR Part 63) should be used to determine eligibility. The historic and archeological site numbers that are referenced in this report were generated by the State of Hawaii Preservation Division. History of Consultations Pre-assessment Meetings Several meetings were held prior to the Formal Section 106 Consultation Process to investigate historic and archeological resources that may exist along the project corridor. A complete overview of what was discussed at these meetings is included in Appendix B of this report. The following meetings occurred before the draft environmental assessment was distributed: May 2, 2005 John Lydgate, President of the Kauai Historic Society-discussion included historic preservation issues May 2, 2005 LaFrance Kapaka Arboleda, Office of Hawaiian Affairs-discussion included Native Hawaiian and cultural issues May 2, 2005 Martha Yent of State Parks-discussion included archeological issues May 2, 2005 Lance Foster, Director of Office of Hawaiian Affairs-discussion included Native Hawaiian Rights Issues June 16, 2005 LaFrance Kapaka Arboleda of Office of Hawaiian Affairs-discussion included the interment site at golf course June 20, 2005 Butch Durant, Native Hawaiian-discussion included Native Hawaiian rights June 22, 2005 Butch Durant, Native Hawaiian-discussion included Native Hawaiian rights issues FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX A Federal Consultations Page A-2 August 12, 2005 Lance Foster, Director of Hawaiian Affairs-discussion included Native Hawaiian Sovereignty Issues August 18, 2005 LaFrance Kapaka Arboleda, OHA and Jim Powell, SCS Archaeology- discussion included path interaction with the golf course August 18, 2005 Ed Okomoto, Chip Fletcher, and others-discussion included path routing interaction with golf course August 19, 2005 Butch Durant, Native Hawaiian-discussion included Native Hawaiian issues August 19, 2005 Nancy McMahon, State Archeologist-discussion included archeological, cultural, and historic preservation issues August 22, 2005 Mary Requilman, Director of Kauai Historical Society-discussion included historic resources, focusing on the railroad lines Public Involvement in 106 Issues Butch Durant, a Native Hawaiian, had the following comments and concerns about the project (refer to Appendix B for the complete meeting minutes): It is a conflict to use the Old Wharf for any reason other than what the Native Hawaiians would have used it for. Mineral rights have no value. The idea for the Native Hawaiian is not money, but more the land from ancient times. He was not willing to share their ancient story for educational purposes. He feels that when Americans took over the Hawaiian Islands, the Native Hawaiians lost their story. They have no more heritage and no more history. Another meeting with the Durant family initiated the following comments for the path design: Show recognition of the ‘ili. Identify culture of the ‘ili ahapua‘a and that the boundaries come from the people. The family would not participate in locating any ancient pathways. Public meetings were held to inform the public about the project and discuss historic resources (refer to the complete documentation of public meetings in Chapter 7). Public meetings #1 and #2 included informative presentations about historically and culturally significant sites along the alignments, presented by Mike Dega of SCS Archeology. No comments or concerns from attendees at the meetings related specifically to historic, cultural, or archeological resources. Review of the Draft Environmental Assessment Pertaining to 106 Issues The draft Environmental Assessment was sent on November 22, 2005 to the following agencies and individuals for review who would be associated with Section 106 issues and concerns: Ms. Nancy McMahon-DLNR, State Historic Preservation Division Ms. LaFrance Kapaka Arboldea-Office of Hawaiian Affairs Mr. Ronald E. Licona-Department of Hawaiian Homelands Mr. Lance Foster-Office of Hawaiian Affairs Ms. Mary Requilman-Kauai Historical Society Letters, Meetings and Correspondence Regarding 106 Consultation Review (Documentation of these events can be found in Appendix A – Federal Consultations. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations Page A-3 January 3, 2005- A letter from Clyde Namuʻo with the Office of Hawaiian Affairs to Merle Grimes, MDG LLC, with comments and concerns on the integrity of the burial interment site and ground altering activities. March 6, 2006- A meeting with Ke Ala Hele Makalae to discuss the project, including historic and archeological resources that will be impacted by the corridor. May 2, 2006- A meeting with the Kauaʻi Niʻihau Island Burial Council approving the pathway to align within 30’ of the interment site at the Wailuā Golf Course parking lot. May 8, 2006 – A letter from Rick Tsuchiya, County of Kaua‘i, to Jim Powell, SCS Inc., agreeing with the use of the Hanamaʻulu Bridge for a bike path and its preservation. May 1, 2006 – A letter from Michael Dega, SCS Inc., to Susan Tasaki, State Historic Preservation Division, requesting comment and acceptance of modifications to Hanamaʻulu bridge and box culvert. January 31, 2006- A letter from Melanie Chinen with the State Historic Preservation Division to Merle Grimes with comments and concerns regarding Alternatives and Sub- Alternatives. February 9, 2007 – A letter from Jim Powell to Susan Tasaki requesting response and comment of modifications to Hanamaʻulu Bridge and box culvert to a bike and pedestrian path. April 9, 2007 – A letter from Peter Young, State Historic Preservation Division, to Jim Powell, SCS Inc., concurring with proposed rehabilitation and request to review construction documents. March 12, 2008 – A letter from Laura Thielen, State Historic Preservation Division, to Merle Grimes approving proposed action at burial interment site. March 12, 2008 – A letter from Michael Dega, SCS Inc., to Nancy McMahon, State Historic Preservation Division, concurring with “no adverse effect” for bridge and box culvert. March 13, 2008 – A letter from Laura Thielen to Michael Dega stating determination of “no adverse effect.” Further Section 106 Consultation While the Section 106 consultation process ended with a determination of No Adverse Effect by the State Historic Preservation Division, a subsequent decision was made to conduct one final consultation, jointly with the Nāwiliwili to Ahukini Shared Use Path Project (CMAQ 0700-57). On April 9, 2012 the Director of Transportation sent a letter to State Historic Preservation Division, Native Hawaiian Organizations, and other interested parties inviting them to participate in on-going Section 106 consultation for the project. A narrative description of the Undertaking, Environmental Compliance, Section 106 initiation and consultation to date, Identification of Historic Properties, APE, Affected Properties, Assessment of Adverse Effects, and Resolution of Effects was included as an attachment. A copy of the invitation letter and narrative are contained in Appendix A. One response was received to the DOT letter, from the State of Hawai‘i Department of Hawaiian Homelands. DHHL noted they own approximately 526 acres of land in Wailuā directly adjacent to the proposed project and an additional 10.36 acres (comprising Aloha Beach Resort) has been purchased by DHHL from State DLNR. These land holdings will be used for agricultural and residential homesteading as well as commercial development on the makai side of Kūhiō Highway. The department supports the project intent to preserve coastal access, creates a safe recreational resource, and support alternative modes of transportation and notes that this shared FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX A Federal Consultations Page A-4 use path is noted in the DHHL Wailuā Regional Plan. DHHL states that it is unaware of any historic sites or cultural properties not already identified. DHHL consultation letter response is contained in Appendix A. On April 3, 2012 a letter of invitation was sent by the County of Kaua‘i on behalf of the County, the State Department of Transportation and FHWA to participate in a meeting to be held April 19, 2012. A meeting notice was published in The Garden Island (Kauai newspaper) and press releases and PSA announcement sent to Kauai television and radio media. The consultation meeting was conducted jointly with another project, the Nāwiliwili-Ahukini Shared Use Path, due to similarity of issues and their abutting locations. Two meetings were held on the same day, at 2:30 and at 6:00, to accommodate the schedules of as many people as possible. Fifteen persons signed-in to one or both meetings. Meeting notes and attendance sheets are contained in Appendix B. During the consultation meeting of April 19, 2012, one informant, Puanani Rogers, offered names of knowledgeable persons, including some who had not been contacted. As a result, additional consultation was attempted with five individuals/families. On July 30, 2012 the FHWA sent a letter to the State Historic Preservation Division with a narrative description of the supplemental Section 106 consultation process to date, confirmation of resolution of adverse effects and mitigations, compliance with Section 4(f) of the U.S. DOT Act, and concluded that based on the supplemental consultation, no further consultation under Section 106 was warranted. A copy of the letter is contained in Appendix A. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 1 of 35 DOCUMENTATION FOR 106 CONSULTATION For the Finding of No Adverse Affect 1. Description of the Undertaking, specifying the federal involvement, and its area of potential effects, including photographs, maps, and drawings, as necessary. Please refer to the Final Environmental Assessment report, included in the main body of this document, regarding the following: Description of t he Undertaking-Refer to Chapter 1, Section 1.3 for a description of the purpose and need for the projects undertaking. Refer to Chapter 2 for a description of the proposed actions involved with the undertaking. Federal Involvement-Refer to Chapter 1, Section 1.2 and Section 1.4 for a description of federal (and state) involvement. Area of Potential Effect- Refer to Chapter 2 for a description of the entire proposed path corridor. This chapter includes photographic documentation, orientation of existing resources to the project, physical settings of resources, and existing and planned development plans. Refer to Chapter 4 for a description of the affected environment. 2.A description of the steps taken to identify historic properties. Historic Properties along the corridor where identified by a series of pre -assessment consultations with agencies and natives to Hawaii to identify sensitive places, sites and areas in the project area. In addition, 2 reports were prepared for the project that assisted in the identification and description of historic and archaeological resources in the area, which can be found in Appendix D. The National Register of Historic Places website was reviewed for national listings of historic places, and no national listings are documented along the corridor in the database. However, for properties that have not been evaluated for eligibility in the National Register, the National Register criteria (36 CFR part 63) should be used to determine eligibility. State historical listings were identified by the State of Hawaii Preservation District for purposes of this project. These listings can be found in the Archeological Conditions Report in Appendix D. 3. A description of the affected historic properties, including information on the characteristics that qualify them for the National Register. The following criteria establish a property to be included in the National Register: A. be associated with events that have made a significant contribution to the broad patterns of our history; or B. be associated with the lives of persons significant in our past; or C.embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. have yielded, or may be likely to yield, information important in prehistory or history. There are three historic properties that occur in the project corridor that are eligible to be included in the National Register of Historic Places. These sites were identified by the steps described above in Section 2. The Hanamaʻulu Bridge (Site 1845) was constructed between 1921 and 1924 by Ahukini Terminal and Railway Company. The company was formed in 1920 to provide rail service from Ahukini to Anahola. The Hanamaʻulu Bridge was originally wooden trestle, and was replaced with concrete in 1900. It was built by Hanamaʻulu Plantation as a section of the Lihue Plantation. The new 175’ long concrete bridge required a 900’ section of fill, 30 ' tall to cross Hanama‘ulu Valley and connect with the southern edge of the valley. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 2 of 35 An 1800' long cut was required along the north shore of the bay. It is no longer in use as a form of modern transportation. This structure may be eligible for the National Register of Historic Places because of its association with an event that made significant contribution to the broad patterns of our history, and because it embodies a distinctive characteristic of a type, period, and method of construction. In history, the coastal dunes between the marshland and the sea were primarily used for human interment (Site 103). The interment site that is located in the Wailua Golf Course parking lot may be eligible for the National Register of Historic Places because of its association with the lives of persons significant in our past and embody a distinctive characteristic of a type, period and method of burials. The historical concrete box culvert (Site 1846) is one of two historic railroad bridges that were used for hauling sugar cane from the fields to Lihu‘e. This structure may be eligible for the National Register of Historic Places because of its association with an event that made significant contribution to the broad patterns of our history. *Known Archaeological Sites FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 3 of 35 *Known Archaeological Sites 4. A description of the undertaking’s effects on historic properties. The Hanama‘ulu Railroad Bridge will be retrofitted to make it a safer structure for bicycles and pedestrians by strengthening the superstructure, repairing the spalling, and adding handrails. The box culvert will also be retrofitted for safety with a new concrete deck and safety railings on the side. The work to both of these structures will not change the historic integrity or character, and will have no adverse affect on the structures. The interment site in the parking lot of the Wailua Golf Course will not be restored at all. The proposed path alignment will cross within 30’ of the interment site; however, the site itself will not be impacted. Boulders will be placed around the interment site to keep cars from parking in close proximity to the site, as is currently the situation. The undertaking was approved by the Kaua‘i Burial Council (refer to the meeting minutes at the end of this appendix. 5. An explanation of why the criteria of adverse affect were found applicable or inapplicable, including any conditions or future actions to avoid, minimize or mitigate adverse affects. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 4 of 35 The following criteria of adverse effects (36 CFR PART 800) are inapplicable to the historic properties that occur along the proposed path corridor: Physical destruction of or damage to all or part of the property-none of historic properties will be physically destructed. Alteration of a property, including restoration, rehabilitation, repair, maintenance, stabilization, hazardous material remediation and provision of handicapped access, that is not consistent with the Secretary’s Standards for the Treatment of Historic Properties (36 CFR part 68) and applicable guidelines-there will be minimal changes to the Hanama’ulu Bridge and the box culvert, through rehabilitation and stabilization of the existing structures, while preserving those portions or features that convey historical, cultural and/or architectural values. The interment site will not be affected, and therefore, will be preserved. All actions on the historical properties are consistent with the Secretary’s Standards for the Treatment of Historic Properties and guidelines. Removal of the property from its historic location-none of the historical structures will be moved. Change of the character of the property’s use or of physical features within the property’s setting that contribute to its historic significance-none of the historic property’s use, features, or settings that contribute to its historic significance will be changed. Introduction of visual, atmospheric, or audible elements that diminish the integrity of the property’s significant historic features-no elements are being introduced that will diminish the integrity of significant historic features. Neglect of a property which causes its deterioration, except where such neglect and deterioration are recognized qualities of a property of religious and cultural significance to an Indian tribe or Native Hawaiian organization-The bridge and the box culvert will be rehabilitated to avoid further deterioration that may deem them obsolete and beyond repair in the future. The aged quality of the interment site has sentiment through religious and cultural significance and will not be rehabilitated to any degree. Transfer, lease, or sale of property out of Federal ownership or control without adequate and legally enforceable restrictions or conditions to ensure long-term preservation of the property’s historic significance.-There will be no transfer, lease or sale of any of the historic structures or the properties in which they reside. 6. Copies or summaries of any views provided by consulting parties and the public. The following is a summary of all consultations involved in the Section 106 Consultation process: Pre-assessment Meetings Several meeting were held prior to the Formal Section 106 Consultation Process to investigate historical and archeological resources that may exist along the project corridor. A complete overview of what was discussed at these meetings is included in Appendix B of this report. The following meetings occurred before the draft environmental assessment was distributed: May 2, 2005 John Lydgate, President of the Kauai Historic Society-discussion included historic preservation issues May 2, 2005 LaFrance Kapaka Arboleda, Office of Hawaiian Affairs-discussion included native and cultural issues May 2, 2005 Martha Yent of State Parks-discussion included archeological issues May 2, 2005 Lance Foster, Director of Office of Hawaiian Affairs-discussion included Native Hawaiian Rights Issues June 16, 2005-LaFrance Kapaka Arboleda of Office of Hawaiian Affairs-discussion included the interment site at golf course June 20, 2005-Butch Durant, native-discussion included Native Hawaiian rights June 22, 2005-Butch Durant, native-discussion included Native Hawaiian rights issues August 12, 2005-Lance Foster, Director of Hawaiian Affairs-discussion included Native Hawaiian Sovereignty Issues FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106  Page 5 of 35 August 18, 2005-LaFrance Kapaka Arboleda, OHA and Jim Powell, SCS Archaeology- discussion included path interaction with the golf course August 18, 2005-Ed Okamoto, Chip Fletcher and others-discussion included path routing interaction with golf course August 19, 2005-Butch Durant, Native Hawaiian-discussion included Native Hawaiian issues August 19, 2005-Nancy McMahon, State Archeologist-discussion included archeological, cultural, and historic preservation issues August 22, 2005-Mary Requilman, Director of Kauai Historical Society-discussion included historic resources, focusing on the railroad lines Public Involvement in Section 106 issues Butch Durant, a Native Hawaiian, had the following comments and concerns to the project (refer to Appendix B for the complete meeting minutes): It is a conflict to use the Old Wharf for any reason other than what the Native Hawaiians would have used it for. Mineral rights have no value. The idea for the Native Hawaiian is not money, but more the land from ancient times. He was not willing to share their ancient story for educational purposes. He feels that when Americans took over the Hawaiian Islands, the Native Hawaiians lost their story. They have no more heritage and no more history. Another meeting with the Durant family initiated the following comments for the path design: Show recognition of the “ili” Identify culture of the ili ahupua‘a and that the boundaries come from the people The family would not participate in locating any ancient pathways. Public meetings were held to inform the public about the project and discuss historical resources (refer to the complete documentation of public meetings in Chapter 7). Public meetings #1 and #2 included informative speech about historically and culturally significant sites along the alignments, presented by Mike Dega of SCS Archeology. No comments or concerns from attendees at the meetings related specifically to historical, cultural, or archeological resources. An additional set of public consultation meetings were held on April 26, 2012 from 2:30 PM to 5:00 PM and 6:30 PM to 8:00 PM at the Līhu‘e Center Piikoi Building covering Section 106 of the shared-use path projects from Nāwiliwili to Ahukini and from Ahukini to Lydgate Park. Notices notifying the public of the meetings were published in the Garden Island Newspaper and OHA’s Ka Wai Ola newsletter. A public service announcement was also broadcasted by County of Kaua‘i. Letter invitations dated April 9, 2012 were mailed to the Native Hawaiian Organizations (NHO) and other interested members of the community and invited all parties to submit comments under the Section 106 process. Copies of the meeting notice and invitations comment, meeting agenda, and summary are included in the end of this Appendix A. Review of the Draft Environmental Assessment pertaining to 106 issues The draft Environmental Assessment was sent on November 22, 2005 to the following agencies and individuals for review who would be associated with Section 106 issues and concerns: Ms. Nancy McMahon-DLNR, State Historic Preservation District Ms. LaFrance Kapaka Arboldea-Office of Hawaiian Affairs Mr. Ronald E. Licona-Department of Hawaiian Homelands Mr. Lance Foster-Office of Hawaiian Affairs Ms. Mary Requilman-Kauai Historical Society FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106  Page 6 of 35 Letters, Meetings and Correspondence Regarding Section 106 Review The following correspondence has occurred (letters are included at the end of this appendix):  January 3, 2005-a letter from Clyde Namuʻo with the Office of Hawaiian Affairs to Merle Grimes, MDG LLC with comments and concerns on the integrity of the burial interment site and ground altering activities. May 2, 2006-a meeting with the Kauaʻi Niʻihau Island Burial Council approving the pathway to align within 30’ of the interment site at the Wailua Golf Course parking lot. May 8, 2006 – a letter from Rick Tsuchiya, County of Kauaʻi to Jim Powell, SCS Inc. agreeing with the use of the Hanamaʻulu Bridge for a bike path and its preservation. May 31, 2006- a letter from Ed Okamoto, Manager, Wailua Golf Course, to Merle Grimes, MDG LLC approving the parking lot reconstruction and mitigation efforts. May 13, 2008 - a letter from Merle Grimes to Ed Okamoto with acknowledgment of concerns and response. June 6, 2006 – a letter (via email) from Steve Kyono, HDOT to Merle Grimes with comments and questions regarding highway proposals. June 19, 2006-a letter from Daniel Quinn, Division of State Parks to Merle Grimes approving the design of the comfort station; however, some concerns must be addressed. October 19, 2006-a letter from Gloria Shinn from the National Park Service to Daniel Quinn concurring that the use of Hanamaʻulu Beach Park will not result in a conversion from recreational opportunities. May 13, 2008 – a letter from Merle Grimes to Daniel Quinn with acknowledgment, concurring with concerns and response. October 26, 2006 -a letter from Mel Nishihara, Kauai Parks Administrator to Merle Grimes approving the plans for Hanamaʻulu Beach Park and Marine Camp anticipating no adverse impact and an overall great benefit for the parks. October 31, 2006 - a letter from Daniel Quinn to Merle Grimes announcing the approval of the 6(f) review of Hanamaʻulu Beach Park by the National Park Service. May 1, 2006 – a letter from Michael Dega, SCS Inc. to Susan Tasaki, State Historic Preservation Division requesting comment and acceptance of modifications to Hanamaʻulu bridge and box culvert. January 31, 2006-a letter from Melanie Chinen with the State Historic Preservation Division to Merle Grimes with comments and concerns regarding Alternatives and Sub-Alternatives. February 9, 2007 – a letter from Jim Powell to Susan Tasaki requesting response and comment of modifications to Hanamaʻulu bridge and box culvert, bike and pedestrian path. February 16, 2006 – a letter to Sara Edi, MDG LLC (via email) from Martha Yent, Hawaii State Parks with comments regarding bike path. April 9, 2007 – a letter from Peter Young, State Historic Preservation Division to Jim Powell, SCS Inc. concurring with proposed rehabilitation and request to review construction documents. March 12, 2008 - a letter from Laura Thielen, State Historic Preservation Division to Merle Grimes approving proposed action at burial interment site. March 12, 2008 – a letter from Michael Dega, SCS Inc. to Nancy McMahon, State Historic Preservation Division concurring with “no adverse effect” for bridge and box culvert. March 13, 2008 – a letter from Laura Thielen to Michael Dega stating determination of “no adverse effect” April 19, 2012 Section 106 public consultation meeting. May 3, 2012 – a letter from Alapaki Nahalea to Cheryl Soon. DHHL providing additional comments relating to the project and vicinity to lands held by DHHL. Also provided support for the project in addition to preservation of coastal access, safe recreational uses, and alternative modes of transportation. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 7 of 35 Jan""Yl.200S Merle 0 . Gri mes Merle D. Gri mes. l,LC I 042 Oroken Arrow Circ le El itab<lh. CO 30 I 07 • STAn OF KAWAn MflCI M HAWA1A11 M'IJl/tl 111 KAPrCl.NI IOUlE'\WtO. su.TI 500 HOHOlUlU. HA.WAn .. ,, llRDOl/2166 RE: Draft t:.rlloul .. w "-••• ror ... hepooM AhldM .. L1'1P •• Pm Blllt Hd P..i..uuo P11ll. Ah ldal Pti9t so Lydplt Pitt. Kau'i, V1rioel nnc.. Dear Merle 0 . Grimes. The Offict or1111wa ii t1 n Affiiirs(OHA) it In 1ttciptol)'our OKtmbrr 11. 2005 ttqUdt forcommenl on t he above listed pro_.i projccL DHA oll'mthe roao..imgcom...,,ts: Ovr sull'has "';.....i the Draft Eo•iroommlll A-(DEA) f« .. ._ .. sul<d propot<d pro;ccc and has $C\·aa,I ~iminary comment$. The$C wr. I) Due 10 lhe fa.ct tha\ the-Ahm"ti\'e 2 1lipmm1 ml)' jeoperdiu ttM! inlcgrit)' Of A burial intcrmcn 1 site (see Plate J.2 of the DEA), OH.A fttOffl n~nds th.at the All cma li\'O I align ment be implcmcn1 cd. 2) lf AltmW.i\'t l. or pOrtiom of dtlt ~"C.. is'sc ca.o.m.. to adeql:ate bufftt of It 9tast 30 r ... "'°"1c1be......i....-;11111oc1:•;,,t1;p.~> on-•· 3) As much u po5P"ble the (.()ntnlC\Or lhouW r.'Oid pound ahcrinc activities '' he:re 11ndy sod imenis predominate. \\llicro pos.s.iblt. it •wtd bC' 1ppropr'i.att to c:omJ)lct cxlstlna &OO imcnt 10 achlc"e 5tNdun.I inlcaritY. This should be done to minimize po1ential lmpac1s 10 human burials and subsurface c:ult .. I dtposits. 4) A stipullt;,,n n«ds io be med< io dw A"' • pell Mooitonng Piao lhlt Ill _,.. di$turl>ing ac0vni<S "'°"Id b< moo-.... by 1 prolC'S5ional wc:hMo'°li"-11 ;. "l'Jl")l>riat• ,..., monitortna ottUt Oft P ·o.,ite' bat•t rldler tt..., •on<11I ' Of SpOt check bliit. TM Plan !hould olso •tot< lhlt -1rc'-loa1Cal _...shall be p«S<m p<r each pi.cc of •••h di sturbina equipID('nl (i.e. th ree siinulcanrous t"Xcantions shall requ ire the presence o f three arch11coloalo111l n'°"icors). FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 8 of 35 Merle O.Grimcs Jnm1.111Y3. 200S P•go2 S) While the wont Hlo"li"i likes lb< diocriricaJ .,._,..,., ( • ....,.). 1hc wont Ha,. .. iian don no1. n.;. mor;. found~ .. _ md porti<vla.f) on l"'!!I' 10 of'lhc DEA. 6) The-I l•~•iiM ~ (TtcvaUy •> b inc:otrttdy ttt'a'ml to as an ·u1na• on page iw Ol the DEA. The c:oMCt Hawaiian name for the adult pipio is ulua. 7) Simple grammar issUH such as missi"I punclUl.rion (page 221) are fou nd lhroughout Ile documenL The DEA should be ~t)' edilCd bef0rc a final Environmental A$$C'.S'"1C'IH is 5"bmintd .. -of' this proj<a. OHA ft.irthtt~ )'OW ~ma. ifdlt projoct goes tor.-wd. should i""'i or·Nati\'C Ha._""'lii!n cul1ural or traditional de-posits be found durin;s .,...t disrurbancc, work ~ ffl casie. and the apptOJYia.te agencies will be contacted purs1.11m 'o applteable ltw. Thi.nk you for the opportunity 10 commenL lf)'OU ha~:e further questions or coneems. pltasc cotHlld Jesse Yorck at (808) 594·0239 or iWC'\.fQ'oha:ou. ·o wau iho oo, c~.~·~· Administrator CC: La France Kapab·M>oleda OBA Community A ff• its Coord:i.na1or (Kaua' i) 3·3100 Kuh.io Hw)' .. Suite C4 Lihuc, HI 96766-11 SJ FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 9 of 35 Kauai Niihau Burial Council Meeting DATE: May 2, 2006 MEETING TIME: 9:00 a.m. HST MEETING LOCATION: Kauai County Council Chambers FROM: Jim Powell, SCS Archaeology MEETING ATTENDEES: Kaua`i Ni`ihau Island Burial Council MEETING SUBJECT: May 2006 Agenda (see below) Information regarding agenda item IV - F: Informational Update for the Wailua Golf Course/Coastal Path Alignment [TMK: (4) 3-9-02: por 4] Information/Recommendation: Informational presentation by SCS Archaeology for the purpose of obtaining the council’s approval for the proposed Kauai County Coastal Path to pass within 30’ of a known burial in the Wailua Golf Course parking lot. An informational update on the Path Alignment was presented to the burial council by J. Powell of SCS. After a short discussion clarifying the location and circumstances regarding the request, the council voted unanimously to recommend approval of the proposal. This recommendation for approval will appear in the minutes for the May 2006 meeting. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 10 of 35 DATE: TO: FROM: SUBJECT: COUNTY OF KAUAI PLANNING DEPARTMEl'IT 4444 RICE STREllT. SUITE A473 Lii i Uc, KAUAI. HAWAII 9676(,..1326 MEMORANDUM May8 , 2006 Jim PO\\Cll SCS Archaeology Kauai H istonc Pn:scn·ation Review Commission Request for comments in compliance with Chapter 6E-42 I listorie Preservation Review for proposed changes to Han:tmnulu Roilwny Bridge, State 11 istoric Site# I 84S, TMK: J. 7-02; and Proposed chnngcs to a box culven, State His1oric Site# 1846, TMK; 3-7-03, Uonamou lu : Ahukini to l.ydgate PMk Bike ond Pedestrian Path, Federal-Aid Projcc1 NO. STP- 0700(5 I). l.ihuc, Ko uni, llnwaii. Thnnk you for affording the Kauoi I l istoric Preservation Commission (Kl I.PRC) the opponunity to comment on the above project and for your infonnative bockground presentation. After re'1cwing the infonnauon provided ot its Moy 4, 2006 ~ting, the Kl IPRC agreed "1th the use of the Honamoulu Railt00d Bridge for the bike path and its preservation and tte0mmcnds that any changes have a minimum impact on the ...Ustmg historic ch3fllctcr of the bridge. Wittie the proposed decking motcrial was uppro'cd. the Kl-JPRC requested the opponunity to review more dera~ed drawings of the propos<--d rntltng design roiling along "1th any other alternative designs that may have been considered. Please contact Rick Tsuchiya ni 241-6677 shou ld you hove any questions . Malmlo. cc: SUPD Building Div. attn. Dough llatgh FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 11 of 35 .Jl•t •-o l -2086 1 ';t: .... Pt1 wn 1 LUA. (;OLF . COU R S~ 008 , .. l 66'?2 81\Y AN J , BAPTIST'l ... _ May 31. 2006 ..... MoneGrimu MDG.LLC AN EQUAL OPPORTU'lr'Y EMPLOYER C OUN TY OF i<AUA'I MPAATM!.NT ~ PUJUC WORK.a ........ ,.,c,E SntnT ~ MJllL.J:MNG.. turTE nt umre. K.N.M.1. HAWAA M798-1MO 1042 llrol<en ,.,,_ Cite!• Eli.tabelh. COIO<OdO 80107 DOHALD M. FUJIMOTO COUHrY IHGIH(f.R Tf.:U!~OHt! ~'-4800 I haw rov"'-d in..,.,.,_..,., pUv>o lor the w.;i.,. Odf C<MH P .n&>g "11. h II my undet11tandlng chat the ent~nce ~ ir<o the golf CCUJM wil be -ligned to bl <!Wectly ..,.... !!om the drl-_.,_ -the Ccunly C-eaion.t FllQlily. In -..~ --alio<1 i-.1nlo end a.A ol the goll OOUfM w1ll bo .,.,.._ .. part ol file 1mprcwetn6nts. The bll<e ones -!Nn """'will bo IOCAfed wMin,,,. l•""t<aped ••• ar9C;tlr mtl<ll 01 tllo ~ perkJnO l<>t. We dO no! """9 ""'I ioM»t w!lll "'9 pr<>pOoed dolifll'I ...-b-ng OOtldltionlC 1 n.. Q<llf......,.. pa iOiv tal IMH bo c<>r>atANd durN>g all ~ of the~,,..,_. 2 Thll ~ ~· to lhe gcK •••.n• during """'11UC:6on ol the blk9 ond -tri an """' and penclng kll wo rrunimlzod. 3. HO IOU ol Plfldng -· 4. Tho lowe< p&'IQng lot II ropevwd and ~· S. A,_ 90lf coo.ne slQn I•~ es pelt d the~ 6. Sig"'"" pl-announcing lllet the golf courM par1<1ng lot It not !Of pllh pa'1<"1QI-•. 7. E"*Y el!on be""'°" to ..... thol -od -.. be -'"""~"""'the'*" .,., golf"""""· t ~ -.i to """'°"V"""" you on lh• ~ ~ Of lh• proteo. ~~ Ed~moto CC: Colm!Y~ Clliolol~ 06/0 1108 Tiil l 5: .. 3 l T.t /R.l '>() 50~G I @u1> I FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 12 of 35 May 13, 2008 Mr. Ed Okamoto Manager, Wailua Golf Course Department of Public Works County of Kauai 4444 Rice Street, Suite 275 Lihue Kauai, Hawaii 96766-1340 Re: Ahukini to Lydgate Park Bike/Pedestrian Path Project Dear Mr. Okamoto: I am in receipt of you letter dated May 31, 2006 and acknowledge issues and conditions that you outlined to occur during the design phase of the project. Your letter and this response will be included in the Final Environmental Assessment document. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Merle D. Grimes Principal, MDG, llc Cc: Doug Haigh FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 13 of 35 June 6, 2006 Merle: Please see my comments in italics: Steven Kyono -----Original Message----- From: Merle Grimes [mailto:merle@mdgdenver.com] Sent: Monday, June 05, 2006 2:47 PM To: Steven. Kyono Cc: Doug Haigh Subject: Ahukini to Lydgate Path Project Steven: At our last public meeting for the Ahukini to Lydgate Park Bike and Pedestrian Path project several residents were concerned that we did not include a mauka of the highway alternative. We did in fact review a mauka to the highway alternative and dismissed it for the following reason: 1. Safety. We felt that an at-grade x-ing would be very unsafe. In addition, that HDOT would not allow a signalized cross walk at one or two locations between Lydgate Park and the Kuhio/Kapule intersection. Agreed. The speed limits within this corridor are not conducive to at-grade pedestrian crossings. 2. A tunnel option would be expensive, unsafe and not fit with any potential future plans to move or widen the highway. We were also concerned with drainage/water issues in the tunnel due to its elevation and proximity to an existing drainage canal. Agreed. The water table for most of this section of highway is high therefore requiring construction of any type of pedestrian tunnel to be built in water therefore making construction very costly. Also, a very long tunnel or modifications to a shorter one would be needed in order to accommodate a possible future widening of the highway to 4-lanes. 3. A bike/ped. bridge over the highway might be too expensive and become obsolete if the highway were to be moved or widened. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 14 of 35 Agreed. Steve Kyono June 6, 2006 Page Two of Two 4. There are no connection points/trip generators on the mauka side of the highway at this time. The areas mauka of the highway are currently undeveloped except for KCCC. We do not know what the Department of Hawaiian Home Lands will be doing with their large land holdings mauka of the highway and also do not know of any plans which Lihue Land Company might have for the bulk of the remainder of the mauka lands. Could you please confirm or otherwise comment on these reasons for not selecting a mauka highway alternative so that I can include your comments in the Final EA? If at all possible, we could use your comments by Wednesday. Merle Grimes, MDG, LLC FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 15 of 35 Ll~1>A LINCLC OOYU...'«>1.(lf tlA'"'.'11 STATE O F HAWAII DEPARTMENT OF LAND AND NATURAL RF.SO URCES Mr. Merle Grimes MDG,LLC 1042 Broken Arrow Circle Elizabeth, Colorado 80107 Dear Mr. Grimes: OlVlSION OF STATE PARKS POST OFFlCE BOX 621 HONOLULU, HAWAll 96809 June 19, 2006 SUBJECT: Draft Environmental Assessment -Bicycle and Pedestrian Path Ahukini to Lydgate Park, Lihu'e, Kaua'i 'lTOt T. \'01.~C ~-'°'"aoOf'v.,.o ... 'l:IM1\IMLaDO\ll('U C'O-IOllOl''"'A1'H,l~MAltO.C'illWll« aOSUtT K. MA.St.-W. Olf'\,TI' DIUC'TCla • t.UO OtA~IO,ll(A~O ""..0UlMl'tuli("IOl..W1'1U /I/NI< nc: UIOl,lll('U ll(M..WO Alll>«tA..<>o 1.l('at,o.nOli llUal..U<»OOliva'.UCU t'O-"*Oft '"'ATU l.llOU.a~OIT ~ ... TIOll ... ~C:O..JT.o.1.u.o,;u. t'O,..l VAtl(»l lol<O l UC!Utl(U bf'Ol(l)Cltf """'a-ros_q:,..., A..CI WUIUl't: Qtl)b; l'tlSU"'1ollC* AAllOOlAWl'~&r:M:l~~IO!o( 1 .. :-1> nAnr...u The proposed bicycle and pedestrian path from Lydga te Park is designed to follow along the coast to Ahukini Poin t and Ahukini State Recreation Pier ($RP). As part of this path, a trailhead and new comfort station are proposed in the vicinity of Ahukini SRP. Based on the map provided, it appears that the comfort s tation will be located on the bluff above the exis ting parking lot on State-<>wned land . We believe that a new romfort station will benefit the park users and those using the path. However, we do have some roncems that should be addressed in the planning for the path and improvements in the area of Ahukini SRP. • There needs to be an assessment of the additional parking needs created by the proposed path. At present, Ahukini SRP is used largely by people fishing from the pier. As a trailhead, it is expected that bicyclists will be leaving their cars at this parking area which could create some user conflicts . It needs to be determined if the existing parking is adequate for a trailhead . • The septic system for a new comfort sta tion will require a leachfield. Because the soil in the proposed location is thin and underlain by rock, there could be problems encountered during co·nstruction. These factors should be considered when siting the new comfor t station. • Although the Ahukini Pier is not listed on the Hawai'i or National Register of Historic Places, this s tructure is over 50 years old and needs to be assessed for its historic significance. The founda tions of s tone a_nd mortar st_ructures in the vicinity of the ne\v comfort station must also be considered . • In the planning and design, the maintenance of this ne w facility should be addressed. Thank you for the opportunity to comment on this project in regards to Ahukini SRP. We support a comfort station at Ahukini SRP, but believe that the concerns discussed above must be addressed. We look forward to working with you on future planning and design of these facilities. Very truly yours, DANIELS. QUINN S ta te Parks Administrator FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 16 of 35 United States Department o f the Interi o r NATIONAL PARK Sl!RVICP LWCF (PWR/PI') IS-00032 October 19, 2006 Dan~! S Quann Staie: Park• Adm:mistratOT .... Vri'C'll l.ci-'°' f n A''9S. FAftoor: ~~ ............... Dcpenrne:nt of L..and .nd Natw"al R.c.ou.rces 1151 Punchbowl 5.,,,.,, R<lom 130 Honol ulu, HI ~13 De~ I ha,·c ttrieti-.'C'd your rt'qUcat or September 25, 2006, and concur '41lh your findu'\.g that the implementation or FWHA Project No. STP·CM ·0700 (51) -Lydpte to Ahulun1 8lkc/Pcdc1tnan Path -wiU not re1ult in a convcr.ion a t Ha.nama\tlu Beach Park, a Land and Wat.er Convcraatlon Fund protected aite. A1 presented, h appcan ex tending the ciaaung path from Lydgate Park through the northern poruon orHanama'ulu Beach Paric. along With the planned conatrucuon or a blke/pcdcatnan OCCH• ramp and n<w r<attoom, will expand upon and enhance the CJOsong publac: outdoor recreation opponun1llc• th11 enc h•• to offer. Please allow me to thank you for bringing lhis matter to the Nation.al Park Service'• attention whlb: it ia aull m the pta.nnan,g at.ages and alfordmg ua the oppon:unJty to commcn1 bcrore con.stnlctJOn begins It'' indeed our pleasure to •'Ork -.;th you t.n protecuna and prcscmng aomc of our natJon'a moet valued and treuurcd outdoor reereatton 11tes. Slnccr<ly, L 1. .{. • '">«'.« • r' ';. • • Olorla Shinn Project Mo.nag-er TAKE PRIOE"IJ=:: .. I NAMERICA~ FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 17 of 35 May 13, 2008 Mr. Daniel S. Quinn State Parks Administrator Department of Natural Resources – Division of State Parks State of Hawaii Post Office Box 621 Honolulu, Hawaii 96809 Re: Ahukini to Lydgate Park Bike/Pedestrian Path Project Dear Mr. Quinn: We are in receipt of your letter dated June 19, 2006 and concur with your concerns that will need to be addressed during the design phase of the project. Mr. Dough Haigh, Project Manager with the County of Kauai has had subsequent conversations with Mr. Wayne Souza. Those conversations indicated the following additional conditions: The existing parking lot should be stripped in order to maximize parking potential State Parks will manage any user conflicts between park and path users on an as- needed basis. State Parks will own and manage the new comfort station This letter, as well as your letter dated June 19, 2006 will be included in the Final Environmental Assessment document. Please fell free to contact me if you have any concerns or questions. Sincerely, Merle D. Grimes President, MDG, llc Cc: Doug Haigh Wayne Souza FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 18 of 35 BRYAN J. BAPTISTE .... -• I AN EQUAL OPPORTUNtn' EMPLOYEJl COUNTY OF ~mA ·r DUAlm<IHTOP l'UD&: WOllKS Mr. Merle D. Grimes, President Merle D. Grime., U.C I 042 Broken A.now Circle Elizabeth. co 80107 .... IUC.I STlt£2T WO'aail!A llUUJ)l)fG. sum1 m Ulllr£.l<AUA'l,ICAWAl1 9fHO.l)IO October 26, 2006 Re: Dra.t\ l!nviromncntal Asleasmcnt Coimncnts Dear Mr. Grimes : We bavc reviewed lhe Envinmmental Assessment completed by your llnn. There are TWO County parlca within the projeet area (HanamauJu .Belch Paik and Marino Camp Parle.) that will be conueettld wilh the proposed path. We find that no adverse impacts to either park will result from the palb project and that Iba propoM>d amprovemcnis will be of great benefit to both parks and the community. If yoo should require aoy further •w•t•nce io thi1 matter, please do 001 besiwa to call. \ Sincaely, c\. &e Mel Nishihara Parks AdminiJtnlor FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 19 of 35 Mr. l\1t!f'"1~ Crim~ MOC. LLC ST ATE OF R A W Aii OtrAM'fMt:.,IOFL\ND "''0 Nl.nfllAL M£SQlJHC&.4' IM\'ISM>N Of. !1 A fi.1.,At.KS POSTOFnci; ll0Jif611 HO'-OU .. W.HAW'All %809 O<tob<r 31. 2006 1042 Broken ArrQw Orde Eh7..1beth, Colorado S01lT7 Dear Mr. Crimes; SUBJECT: 6<0<3) Review of FWHA Pro,ect No. STP.CM.()700 (51) L)·dga te to Ahukini BLkt /Pedeslri11n r,uh. Kauit'i. Hawai'1 nna 1 '°""'" ---... -_ ..... ..._ .. _,.. .. ... -......... _ ....... _. 9AA1 '"'" .... .. __ ... __ ....... ..,... .. _" -----·· .... -----··---·~· .. -··---.. ··---.. -·------·--_, .. ___ _ -...... , . .,_ ·-.. ···-·-.. ·---...... _ Enclosed is~ copy or the rorrespondt-ntt n."Cclvt'd from 1he National P.uk Service (NPS> reg.trding their revh~\'' of lht propotl«l bike/p.."<ie5lnwt p.ith that runs front Lydga le Park to Ahukinl Pier. The 6(0(3) rtvie'" by the NPS wou requested becau~ La nd and \'later Conservation fund (LWCF) fl'<ler.t l fund!!o .,..,~n: uSl.'<I 10 de\'Clop p.ark lmprovemcnb; al 1-lanama'ufu Beach Park bern·een 1967 and 1970. As lndi<"lttcd in the lctler, the NPS suppnrts this pro~ a<> a meanc; of enh.-indng outdoor recreahon. They nl'iO concur tM.1 lhe protect , ... 111 not result 1n a oonVttS101\. 1f there should be-~ny ch"nges during th~ pllannlng und des:1g.n of t his pro,ect as i i afft?\..15 Hanam.a'u lu Deitch Park. it ii recommended that you consuh 'v1lh Martha Ytnl. H;nvau L\VCF Coordina1or, at CSOS) 587·0287 or M:irth.i .E.Ytnt@h.1\\faU.gov. It bl al!!oO important lo remember thal if 11ny of the p.irk ~ttll is ustd during the constnu:tton for non·n.ocrl'a.t1on purposes, it may be nl'Ce!lj;\I')' to seek .approv•I for ;a •temporary non<onforming use'" for the t.crm of lhls use. Ph:~ feel free 10 cont>tct us if you h4vt-a1\y furtherqut5hon;;, Very tru ly yours. ~~-~ DANIELS QUINN Slate Parks Ad ministra tor Endosur~ i:c D>ug HAlgh. Co unly of Kau~'i., ~pt. of Pubhc \Yorks Mcl Nishihara. County oJ KAua'i, Oi\'ision of rarks Wayne SoULl, KaU4'1 Oistrid. Division of St.lie P.1rk$ FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 20 of 35 IClt'l"l 'IC Cl>l!UtHNT SVCS INC Susan T asnkl Acting, ArC'hhccturc Bl'itnl:h Chief Stntc Historic Pn:k'f\lalion Division Ka!ruhlhc,va Building. 601 Kamoldl:! Blvd.. Suite SSS. Kapol.ci. Hav.11fi, 96707 ~a:y t. 2006 RE: C.orupllunce fOt ModiflcaJiOM co the: Hi.stork Flanouua\llu Bridge llnd Box <.:uh·cr1 Bridiic for I.he AhukinJ to t.yd£4f-o P&.k Bike OJld PcdcoSuiln Peth, Ffano.mauJu. Lihuc. Kawa·i De.. Ms. T..W.i: Scientific Consultant Services, fnc. (SCS) would appreciate your comments and acccpwnc-e on proposed nl1emtions 10 the Hruwna·utu Rai1'.,.11y Bridie and n concmc box culvert es part of the Fodernl -Counly joint Bike Bild Pedestrian Patb project. The segment of conccm runs from AhlUdni to Lydgate Pmk and lnvol-..es l\\"O historic. strucrwc:i-. Eac.h slr1,.1eture is dctc:ribcd bclov.•, as weU os propo~ modifle:itions to the .ShUclUl'C'~. This request is being made of your office pc.tt Soc:tlon I 06 and Chapicr 6E-42 requirements. Improvements tu both slnlCtures ~ill allow Ahukini to Lydgate Park Bike Md Pcdcsuian PAtb USCJ'I to safely cr0$$ Hanama'ulu Stream Md ucood, 0; druinage ditch lllong a cane haul road just so1.1th af (he Kaua'i Bcui:b RC$0n in Kawailoa. We request comments in complil&tlCe "ith Ch;,pier 6E-42 lilstorlo P:c.scn•ation Review rm propoSCld c.hmgcs to 1~ t\\'O str\ldUtel &om your office. We would sin«n:Jy apprcc:jo.tc )'O'ir timclim-:ss 01'1 commenl as your lcncr wiU be lucludcd in a 1inoi.I F.A dlxumc.nt. which will be. submintd in Mny 2006. HngnmDulu Cnn Hpul BricfAA The railway bridge, oceurrlng on TMK:J-7-02, bas been dcsip1ed as State Si1c Xo. l84S nnd consists ofn primarily ccmemc structure., whh the dcclc belng concrete Md reinforcing "1ce.I. The bridge~ opcnUcd Rlllinly fo r hauling sugar <.:anc to and from tbc Ahukini l!R'I.\. ,,;11 only he slightly modified along its deck area and improving corTOdcd bars. Besed on a wuctural assessment oflhc bridge by KSF, Inc., the bridge appears to be o:in \'el')' iood c.o«li1ion considering its Ag(' and Oect1.D front e•posurr.... A study of lb: bridge eon1pleted by Geolt\bs, loc. cooehl<kd the.t "the c.xistifii re>undalion will be l&deqwne lO supJ)Ort the nev.• path as Ute uc:w loacb will be or the SJnl(; ordtt of mJ&,1Utt:ck &S origincdly int.ended ... ln Order to provide 3 ufc Md fwK.tioatl patb\vtl)' •CfU$$ l~ rtiilw:oy bridge. pllkl.J caU for placing pteCllSI concrc1t pJMks O\'C:r the existing wncre:tc be1tms. Anchors \\iJl be dri ll t:d and epoxied inlo tbc existing beams lhc:n conn~cted to Un~ plmil'l to secure thcn1 fn pl:nce. These planks v.ill provide 11 level surface wkle enough to ncconunodntc l"4 ...,_II.I) )SCS. .. -.'W'N!'AU.1"'Q t"'?!Al.OL0CIC4L-\,.Ml ~fl•l l» l'rtlcltW lib .. oae.. • iu .. .n "'-'! • Motol • Ko .... Ol/01 109 ~OS l~:!~ I Tll R.t ~1) 50171 ~oo~ FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 21 of 35 •1 • .. II II "'' : U!IC'f1 or tbc pcuh ftlld suone enouah w M:c;urc r1.lllna•. allO a safety m~ The pfa1W \Yill tpen acrou 1lie ....,;dthortho nisllnis brldJlt w provide 11 widened pa.lb •nd a duniblt, IO\'f 1Mintcrumcc pathway. 'l'bt plOftks lhcmMIVC11 wlll ttlCllSWC c. 6 .. thklt 11nd 1hc rtlBrlfi• wW (OftSIJI or .:.iokss stttl ai~cs •tt1e.bcd 10 coocrecc poses. tnc cabtn ml'•Vo only ~ .. di&mctct. this cijJ'limal .;,.,. u:aed f« lbcir mioimaJ ..,isuaJ lmpx1 ind low <'OIL la oddidoo. m.inm improwmcntJ will abo be dooc aod indtxla fbin1 'J'i'lls Md rmM»iD& md rcptac:irtg C«TOded rein rorc:aneai bid. Tbc co1ot am: 1onn or !hr -pol<loa .. ill<lCO<llymakh ........... _~ Cgwse Rox Cybm A <»~ box c:ulYCrt it. ptCNnl •hove a •mall dr.iaa;;t: did aloqa I Cine ha.II ""4)Ulll0Ulborw K>m'i ll<acb R<tof11n Ka•,floo. The<llh-.nbas b=dclip>01"' M $1J1e Sile. No. 1846 aod oo:wJon TMK• J 7 -03. ~y minor bnpr<J\oqncnti \\ill be done for I.he cul\'cr1: thccuhtcn w1U be left rni.acl, The ded: ofchc c:ulvtlt wUJ be S19\l."d whb COMttle 11nd ..,.fcty rtailings will be in11rillod •1ona 1bc flanks of the suucm.irc. ~ Comments oa tbcsc modifications lO lhe HiMIUll' ulua CCllQC: HaW Brid&c tnd tN CCNll:rtrta Box Culvcn ""ill be-to1.1&ht at di. M.q 4. 2006 mcrtiag oftbc: .Kam'I Historic P~ RcviC'WCommintt. ~"' •i=: miuot t;OmmCab in compliance .. i'ch Cllptt 6£..41 WAone- Prc:.tavadc!n RIC\'kw for~~ IO theM '"''O s.tnKtUrcs from 10W omoc. o.;::e-1~ Mlducl 0.91', Ph.D. SCS An:hacOlo8)' tJl'lll'N IQ\ If:?• 1n1t:.s \0 Jilli fl:tlJ FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 22 of 35 "1-\4" U""'P.C; UIJll .......... Jlt\J STATE OF H AWAII DEl'A ltT)l£~'1' Of' l.ANO AND SATlJRAL RESOURCF.S STATE ltl5TOlk: f'R.f.Sat\'ATIO,'\ l.)(\'1$IO."> Janu111y J I. ?006 ~1crlc 0. GrimC$ :Vte!rle 0 . Grimes. UC I~? br0ke11 An-ow CircJe Elizabeth. ColonaiJo 80107 Oeut ~Ir. Orir~: «H KAM(>IW.A flOIJU!V Aki.l. kOQ,\I ~U KAPOU:1,ltAWAlf90l01 SUllJ£CT: 111!1611< P""'fl11 tl•n Rtvif'I' - Drnfl £A Ahukln l to l .ydaµi t r-P edl'Str l:ull'Blke Pa th Uhu e Dls1r lc1. lslond or Kaua •i f'l:lnl\I"'~ ... -_.. ... ____ ..,. ... __ ..... ·-··~ .. --···---•ta.w.~uo1 _ _..,...,_ ............. \0 .. ,.._... ___ _ ~·--·­.... --.. ---· __ ............ .. -.. -....... -... --._.,,., ___ ,_ ·--~.-­....... _ .... ,,. ~­"""-...---:::"'· -· ...... _ 1.00 NO: 2006.01'9 DOC NO: 0601NMJ I Arch.acolbS') T.\IK•: W J--05-00. 01; 3--07-00: 3·07 ·02: 3 ·07·03; 3·09 ·00. O? OS. 06 \Ve ha\'t'. tc\'ic:wt:d the nbo''<' DEA o.nd ba'c I.be followina: c()tmncm s and conw1ions: I. Stt1ion 1.2: N:u1cy ~k1'1:ibon is the pwi of 01...i'lR. S11Ste H1$1ortc Plt.~'·tuion Oh i ~ion OOl lbe Covnty ot Kauai. ~i1nh11 Yem l1. 1he Br.loch Chic:( or the lntcrpreUllhi: Oh i\ion of Suite Parb. whkh is ttlso part of OLNR.. 2. Secti on l.3: ~1tiry R~il m;in is 1bc Oittetor (or the l<.;iual I li.sl01'k11I Socidy. Thi!tt is no !uch 1hing as n l<;au:al Hi.uork Pn:::kmltl()n Officer. l-lowt!\~r. tbett is ~ KllullJ HIStonc Prcscn11dQn Rc,i cw Cormni11$JOO which docs tt\icw lhc:M:" I)'~ or proj1.'CIS Mid 1hi;y nre under lhc Count)' o( Kauai P\unnlni 1":p::i11mcnL 3. A hen1Jti\'t! l (CO.Will Path) prc,·iov.sly tdcucil'ltd hlslork si1ts exist along this tthcm<ll i\c: 'tlt.ltc :ind 1n1.c:tpr~m1h'c: iniomwion could be pro'·idcd. Thk :themnlh"C "-ould rcqt1ltt 1111 11.rcb:W:ologkal Jn,·c:n1ocy SUl"\'C)' plan. le:sttng. und 111.'l)' requl~ rnooi1orini; l>rcause 1hc posentW cxhb r0r sutl4u rr~ h;ibl1:11ion ~posi.is nnd butn.'111 buri:ali ln the mute Righi· Qf.\V1t~· (RO\V). Dt~nding on die fiodingJ. fi1rtbcr orth:ieologic:il \l,"Ql'k nu)' he required. I( hum:i.n ttm11lns. are (oo.nd within tbt corridor. preM"rv;ition in plDCC m;,a)' be 1bc rec0tnmwd opcion. 4. Alt<rnllln-e 2 (Kupute/Kuhio Hiahwny) is an ~ptnblc opcion, 5. A1tcrn1111hc J (OC'c~n Bay Ptanludon ... Up~t Cllllit HlluJ Rood) l~ 1ht-: bl.-~ route sinre i1 ll\Oich: 1no,;t of the hisioric propentcs.. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 23 of 35 ~1r. ~lttlc Ciflmc1- Pllge:? 6. Hnn1uTU11lu R~llro:1d Bridge i.s a bbtoric )llC t nd our An:lut«1unil Bruru:h \I.ill need 10 be huohcd in ~'le""il\I M)' ""'Ot~ aci 1 hl~ brid£tt. 1. S\lb-A lt«n•t''t!; \VaUtw1 Golf CooJW Tunnd wou ld dlrull) irt1J*1 a known Ha .... ~il;iin tlllriAI SfOUnd. Tk Kau.IWiihau WM!d B"tbl Coul'ft'.11 wou1d bttd 10 bC' «*l~htd °" 1h11 tc.<'tl!Oft ol thc pro,eo. \Ve-Rl!'IPI ~ Coo1a1y ol K.nai Puhlie \\'orb wtc • fl'b(.,.. ti this .a.a-;,~ '" diosn.. If• a«c-u t) ntedied aaog: tllr "'aildl Oolf C~. •e •o.W s:ugcst I.ht osc-of f1U • top ot cht a.m11 golf~ ..i dw9 I.ht prcJab N..d br: plM'ftl ae IOp Md fi:ll pbttd on 'lie i.~ IO Wt9d • ialo lk .,., co.nC: 8'111 Tc. I 1',13 'Q)'• bctk d•.AJ"I .,_.td bt ~ tO ck on.pn:ll dunt JIH(.xc;. lf d•U'•I footlap for lhd Clmntl ~IN: °''Ollkd. dw9 an;_~ WSI~ •'OU.Id be ttq11lttd ln onkr to dri:kt:miac if ~nl ic>aJ o( bllru1b arc io llm b:aMJCt. 8 YOt.lt propokd n11hpllion tS :1tth111eOlogal monll0t1.n1 to lddrc» unkno .... n situ:.ion1 \Ve 11,rtt \I.1th 1his nwupuon. An archxolo1klll moan«ing pl~ is rcquiml lu bo 'iUtff"luc,110 our offM:e for te\•fow a!MI llpllro'"J.I ~')t~n cc: Ooo11t(ll1h. Com11y or K11111i. Publk \\'orb FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 24 of 35 Inc. u;f. "------- ~~~~~;;;;;;;~~~;;;;;;;;;;;_,''•/' 71 J Ktiplo .. ni Blvd .• Suite 975 Jl o•ohllu. l lawen 96813 Susan Tasaki February 9, 2007 Architecture Branch Chief State Historic Pre servation Division Kakuhihewa Building, 601 Kamokila Blvd. Ste. 555 Kapolei , HI 96707 Re: Compliance for Modifications to the Historic H anamaulu Bridge and Box Culvert Bridge for the Ahukini to Lydgate Park Bike and Pedestrian Path, Hanamaulu, Lihue, Kaua'i Dear Ms. Tasaki: This letter is in response to discussions between yourself and Jodi Chew of the FHW A and provide s additional information regarding the bridge and culvert as well as engineering assessments and consultation letters. The present letter follows a letter submitted to your office on May I, 2006 and D ecember 19, 2006 in which we solicited comment on proposed future use of the bridge. The information presented herein relates to a request made to your office for review per Section 106 and Chapter 6E-42 requirements. In general, improvements to both structures will allow Ahukini to Lydgate Park Bike and Pede strian Path users t o safely cross Hanama'ulu Stream and second, a drainage ditch along a cane haul road just south of the Kaua 'i Beach Resort in Kawailoa. We hope this additional information will satisfy compliance with Chapter 6E-42 Historic Preservation Review for proposed changes to the structures. We do appreciate your diligence and providing a comment letter to us at your earli est convenience as the process is near completion. I. Hanamaulu River Bridge History The railway bridge , occurring in TMK.:3 -7-02, has been designated as State Site No. 1845 and consists of a primarily concrete structure, w ith the deck of the bridge being composed of concrete and reinforcing steel. The bridge, operated main ly for hauling s ugar cane to and from the Ahukini area, was constructed in 1921 -1923 by the Ahukini Terminal & Railway Company. The bridge was part of a rail system for the transportation of sugar along the eastern coast of Kauai to a terminal at Ahukini and Nawiliwili Harbors. The bridge itself represents construction typical of the era: steel reinforced concrete. Additional information on bridges in the area may be found in "Sugar Trains (Conde and Best I 973) and "Hawaii Historic Bridge Inventory and Evaluation" (PHRI Inventory Survey for the Ocean Bay Plantation 1996). As is presented below, Site 1845 will only be s lightly modified along its deck area and improving corroded metal bars. The bridge will not be subject to demolition or full replacement. The bridge will be rehabilitated in order to facilitate its modern proposed use as a low impact pathway. In order to provide a safe and functional pathway across the bridge, plans call for Pb: gog.597.11 n SCS ... sr;aVl'G•u.vol11'dRCff4EOLOG/C1LN1ms •·u: 8011-597·1193 Ntigbbor 11.llnd Onicn • lbtufi l alud • M1ui • K1u•i FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 25 of 35 placing precast concrete planks over the existing concrete beams. Anchors will be drilled and epoxied into the existing beams then connected to the planks to secure them in place. These plank s will provide a level surface wide enough to accommodate users of the path and strong enough to secure railings, also a safety measures. The integrity of the bridge will remain intact, below the precast concrete planks. Two photographs are attached which provide an overview of the bridge from plan view and profile angles (Figure 1, Figure 2). Two plans depicting proposed bridge modifications are also presented at the end of this letter (Figure 3, Figure 4). Concrete Box C ulvert A concrete box culvert is present above a small drainage ditch along a cane haul road just south of the Kaua ·! Beach Reson in Kawailoa. The culven has been designated as State Site No. 1846 and occurs in TMK:3 -7-03. The c ul vert was constructed during the recent historic period (c. 1950s) during use of roads to haul sugar cane in the area. Only minor improvements will be made to the culve.n. The deck of the culvert will be paved with concrete and safety railings will be installed along the flanks of the structure. Original structural integrity will be preserved beneath the concrete. II. Structura l Assessm ent fo r S ite 1845 KSF,INC. 615 PiikoiStreet, Suite300 s-.n.i &wuw'""ll Honolulu, Hawaii 96814 c~Manart-ru Phone (808) 593-0933 FAX (808) 593-9339 44444444444444444444444444444444444444444444444444444444444444444 Project: Subject: AHUKINI TO LYD GATE PARK BI KE AND PEDESTRIAN PATH STRUCTURAL ASSESSMENT AND RECOMMENDATIONS FOR THE HISTORIC HANAMAULU CANE HAUL BRIDGE Date: October 5, 2005 To: Mr. Merle Grimes MDG,LLC 1042 Broken Arrow Circle E li7.abeth, CO 80107 From: Myles Shimokawa The following is a report summarizing our work regarding the Structural Assessment and Recommendations for the Historic Hanamaulu Bridge (see Figure 3, Figure 4). A . Observation s : The bridge appears to be in very good condition considering its age and ocean front exposure. Several site visits have been conducted. At this FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 26 of 35 time, no exploratory evaluations such as coring and concrete sampling have been performed. Several minor spalled areas are visible from the ground. The top ''trough" which formed th e original roadway for the railway was filled wi th dirt and debris. Once cleaned, additional concrete damage can be expected due to constant moisture from the organic material. It is expected that these concrete defects can be readily repaired using conventional chip-and-patch methods. B. Structura l Ass ess ment An original plantation drawing was available indicating dimensions but containing very Little other information regarding reinforcing steel or the foundation piles. The bridge was modeled us ing a STRUDL finite e lement program neglecting any reinforcing steel. Loading from the proposed, new concrete deck used to widen the path was included. The structure, with smaller secondary arches supported on longer span primary arches, was fo und to be completely in compression. Concrete compressive stresses we re in the 500 psi range. This would partially explain the few observed spalls as the absence of te nsile cracks has allowed the concrete to continue to protect the reinforcing stee l. C. Foundation Assessment The s ubstructure is being assessed by Geolabs, Inc. Initial indications are that the existing foundation will be adequate to support the new path as the new loads will be of the same orde r of magni tude as originally intended. A field assessme nt to probe the depth of the to p of the pilecap and collection of bori ng s amples have yet to be completed . Unknown will be the size, depth, number and condition of the original pil es, assumed to be timber. Thi s information will be extremely difficult to ascertain. D. Design and Recommend atio n s Various schemes to modify the top deck for an increased width and guardrails have been reviewed. The recommend solution uses precast concrete planks attached to the existing structure with epoxy embedded s teel dowels. The planks span across the width of the existing bridge to provide a widened path and will provide a durable, low maintenance pathway. Intermittent concrete posts which support s teel cables are used for their minimal visual impact and low cost. E. C ost : Estimated Cost : $300,000 HI. Cons ultation Letter: KHPRC Kaua'i Historic Preservation Review Commission Department of Planning 4444 Rice Street Lihue, Hawai'i 96766 April 23, 2006 FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 27 of 35 Dear Kaua'i Historic Preservation Review Commission Members: Subject : Chapter 6E -42 Historic Preservation R eview - 1. Proposed changes to Hanama'ulu Railway Bridge, S tate Historic Site# 1845, TMK: 3-7-02 2. Proposed changes to, a box culvert State Historic Site# 1846,TMK: 3-7-03 Hanama'ulu Ahupua'a , Libue District, Island ofKaua'i SCS is formally seeking comment thro ugh con sultation a t the May, 2006 meeting of the KHPRC on proposed changes to the Hanama' ulu Railway Bridge (Site 1845) and a concrete box culvert (S ite 1846). These changes will be the result of improvements to the bridge deck and the culvert that will allow Ahukini to Lydgate Park B ike and Pedestrian Path users to safely cross Hanamaulu Stream and a drainage ditch along the cane haul road j ust south of the Kauai Beach R esort in the area of K awailoa. I. Hanama 'u lu Railway Bridge: In order to provide a safe and functio nal pathway, plans call fo r placing pre-cast concrete planks on to p of the existing concrete beams. Anchors will be dril led and epoxied into the existing beams and then connected to the planks to secure them in place. These p lanks wi ll provide a level surface wide enough to accommoda te the users and s trong eno u gh to secure raili ngs to. The planks wi ll be around 6 inches thick and the railings will be stainless steel cables attached to concrete posts. The cables are half an inc h in diameter so its visual impacts are minimal . In addition to adding the planks and the railings, minor repairs to the structure will be done. This would involve fix ing s palls and removing and replacing corroded re inforcing bars. The color and texture of the concrete patches will match the exi sting concrete. Enclosed are reports from two engineering firms describing and assessing the pro posed bridge changes , recent phot os of the bridge and plan drawings of the changes. 2. Concrete box culvert: The box w ill be left in place, paved on the s urface and safety railings installed. Please contact SCS at 65 1-5924 if there are any questions. Si~~f<- Jarnes Powell SCS Archaeology IV. Kauai Historic Preservation Review Commission Letter Please see attached FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 28 of 35 V. Hanamaulu River Bridge: Geotechnical Analysis Please see attached Figure 1: Planview Photograph of Hanamaulu Bridge. View to East. Figure 2 : Photograph Depicti ng Profile of Hanamaulu Bridge. View to West. F igure 3 : Drawing Depicting Proposed Hanamaulu Bridge Modifications. Figure 4 : Drawing Depicting Cross-Section of Proposed Hanamaulu Bridge Modifications. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 29 of 35 Martha.E.. Yent@hawaii.qov wrote : Received by email on February 16, 2006 A Jolla S11t1 Edi, I finally Wit.$ .t>le to k>ok :a1 )'Our OF.A for 1tie Ahukini to t.ydptc bike pnlh ·hope l'm not too llllc, I dmd~ it would ~ caskst 10 send )'UU the ~ ""llctc I had «1mmcni~. A let or m) C'Ommn1n. !ft "tilde dcWb• aboul 01..NR Md tl'tc nrune o f out ptrk (Ahulini S1a1e Rccrt"ildon Pier). • t•m n()C Jl.ll't' of1hc Ahukini park bound:uics.. but 1he rMK Indicates Ii 1$ pmb3bl)• a very ,itrtall amt adj11Ctn110 the pier h woukl bet hclpfUI 10 EMludc B map or1ht IOC'lllion (or the ~ part..ini lol ~d restroom so w-c linow if they 11~. ou1Sidic 1hc boundaries of Abukinl SIU'. I would hope, ~cvtt, 1h1111ht- fi1cllil~ wU I also 111:eommodlltc tbc pier u'Cn There ~Id be 1111 indka1 Ian ~t the Caunt)' and Stn&e wiU work l.01.'tlhef oa this.. • I rt01c dut 1~ Han11ma'ulu Bridge hM been idm1lflC'd as a l1lsioric 1i1t. I will dercr to SH PO on this. bul I ·would lhink that h. .tlould be rcvl~·td b) 1hc: SHPD IU't'hiltct for bs arthi1~ur.\l ,ig11ifa"" and m.aybe considered r1>r I.hr N111iOt1al Register of Historic Plam (?), If •·(gniflcani. M)' nM>difteations .,.,oold be subjc<I co SHPD rc"Vkw • Vi•il:Uf counts tOr our p:ub was cood11Ctcd in 2001 and AhuJdnl Mt M annu:.i vbiui1aon around l90,000. •boot 8!'• of this visiL-ition is by midmtt. You ml)• \\':Int 10 inc lude this oo page 76, • 1n S«tio.n J,4, It l1 i.mpoctant to recot;11i:t.e lhe potcntiaJ ror Mlbwrfiace deposit~ and rnnatn.'l. 001 jwt wta1 i!I present on I.be surface Thcn:forc. on ~e 131. I woDdcr if n c can W1)'1ti.11h~ wilt~ no imp;'IC1 to c ulturaJ ud an:hacoJoPW fit·es. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 30 of 35 "~"'""""-' .. ....... ...,.,.,.. Apnl9. lQ07 \Ir. James F\wiC'll \rehate0~ S1'AT•: 0Jo" llA\\1All llt:r\lf\t(.'"T 0f"l..A'0A'0 .'\All A..\l.ktsOlaClS "'bl Uttlll llU'(N'I ••t'\\.lllll ll\•\11 ~ ... ~.!~""" --h ....... • O•••w•-•--u ....... .. ·-.. . •· ........ "" ........ ... .. -·-· -.:."':'· . .;.~"'"'.:~:.-· ____ .... __ _ .. _'":',~: .. . -...... .. -·---·~·· --_ ... __. Scii:mifi1: Con\ubJM ~ l«'I. he. 711 Kopoobno 81\d.. Suole 975 ltonolulu, HAw11H 9681) l.C>Ci NO: ~007.0S97 DOC "0 070JSTIS Arc h11tt1un: SU BJECT: Stttio• 106 CSllPA) fln·frw und Ch11111"r 6F.4 (lllt'\) R~IC''l'I i'lodifi<!1tl:on' lo tb«' llktoric ll1n11m:a111I• Raiht'a} Uriel~ (StatC' Hb1ork Sil•# lkS) a•d a O.x C•htt1 OridJ:t (State-Hbtork Sitt #1346• for I.be! Abuklnl Ill l.)IJgitttt f"a rk Of~ 1nd rC'dftlriaa hi .. • ~f'iJC'r.I Atd Proje<t No. S'rP..0700(51) H1..,..auh1. Ubut and K.aw11loa. tc.u1l, H1twsll Ti'IK; Cll ):7.00? and :!M!J Thln.k )"OU (or lbc ..ubtn 1ual ~ r:cc:hcd ~Ill)' I, 2006 and fcbruat)-16.1007. '-'e ...,izc for tht-t.tc n-spm.w. Tbc pn>pOJCd pn:lJtd .s ((w' mocfjradons '°&ht his:totlc tt&namaulu R.•ll~•!i Uridac and 8oJt Cul\M Rridjtt rot &he Ahukinl.10 LyJ&alc Park 01'-e and Pl"dn!rtan P,rh loc:.Mcd"" ~~lea. Uhuc-. Ofl lh" lslnnd or K•u;ai .. ltnPf\l'ICtncnU: II)~ S.l'\KtllRS ~ isitc:ndtd '°' We CIOSSlrtg or the 1-lananuulu ~and a druuip-ddd. a'ons • ca1:1e haul ra.d jlbl )(lolllh of 1he K1Win1 Beaich Rcsor1 1n Kaw111o'1. Thr Rai l wt)' Bridie:"-." conurmk'd in 19:1·1923 and aht: concrete box cuhm "'•~ t.11b in 1ht 1950s. \\'ot\. °" lhc .W..it1i11 .. y BrkSS" ln\-olvcs Mtaduncnt of prtt•'Sl. 6-111eb-tbtc"\ C(Jft(«W: pbnUO'\tt 1hc cir.bl mg COnch:'le bc:am$ \.\oilh t~ c:mbtddcd "9ttf ~~Ii: I.lie or chip-and-patt.h mc:lhud.) to fh, m.i nor ~·kd atas;. ft'Jlkl\•aJ Md R'rJaccmcnt of corroded ttlnron:inj ban. attlll(.hntcnt or K-1ndHttMMtU >&ainkss ~tc-cl e11hl-M 0010 ca.crc'lc ~' 10 ta'C u n1liftf>. tft\talboo. o( iAk'rmillml CUKrcliC posu lo )llppot\ the: Sfttl c:a~ Md ltil:aJJat iofl Of nf'li' COOCttlc c1wJ po)l $1NCtU.f't'C I he Color and ICXtllrC or lhf: COIKt<'S.C pale.hes •lll ~lch 1he e~lso na ~oocrc:ac~ The cluj;f&ng fondauon ls~ to wppon I.be M" ~d~ "h.ch •rt or1tx-samconkf ot....,1rodr n 0ti&iMlt)' 1ntcnckd. rl.e NM.Igel $C'041r ts 1Klta ~kin in the bridge dt>lan ~~'°no plw l\J dcmoh~ °' 10rc-pb.C'1ht ~Md &hr brid~ "iU 1cm1tl1t in l.tiC't ~lowthe~lconc:tttt'pbnl'- \\'orl; Oft die CODCfClt boA <•h ~ ll'l\OhH PQ\1111 or1hi:dc<-L •Ith(~ Md lf'l\0.11.ttaoa of safety rui1 1ngs 1lon1*0.-LJ offtc stNchK'° Thccul\crt "Aili tt"main in1att bl:IO"' lhc cuncl'<'le~ FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 31 of 35 ~1'. J11i11u•s Po\\cll, Archacolog:. P.t£C :! \Vl' ron(ur with lhe p~ rdi.bilil:ltion o(lhc J l.11uun:.ulu l\1id~c anJ 1b1: baA cul\Cf\ Rl'usc of tkl' Orid;c,. a bd.t end pcdnUua ,.. .. ts ao "'nnpbt) al1ctn111\ (' 10 las ~·li1.U. ..,14 , .. p1w:cml!nL 1lu,. PfOJt.,;..t pt\)\ Mks• ufc fxdrt) r., \he USct 11nd 1M communll) th.M. pn:scnC'I an ~hccN: and hasoonc rc50Ull't :il\d lhd'cfo~ exJ1lbits t((llllt:\I tcrijidvc .otu1io11, In &be' 1bK:n« O(MOR' dtu1!m m(omuuoo. •c rcquna the~ to comment on the C'On1C~ doc:·umi:nlJ. \\'\: f\"lllte.!St l.lrn1Alngs o( \\h~ the propc:>:Sed ty'J."'.':\ o( atllC:hrfl('nts "ill be: loca'4.-U.ho¥. dftp t~ pmrtnilc into I.be c.~;.11ng iutf.ccs: 0(1hc bisllna 11truc:tUI'\" wpaimp;>$C:d "hh 1hc prOpcbcd wurl; pholos (disiu.l.<"D k xcqic.abk) or tht °'~""' brid~ and cuhat from boch apJ•rnbc-~ clolc-up phoem, of 1hc C!M)tinll bNJgdcu l \Cn (cg.. #l'IPC'C*h(j. s5dc \le">· )ut(.:cs, s.tl'\ICluniLdC11tn detail~ r1dil'lp). pholos ~(1.bc-c;..IJlir\g "'1:1\d"' cociditkln.s ~ \\twit they \\ lll kd; I Ike" itJ' die new end postso .....,.,,~or,,,.~ ........ _Mo1o11..-.. \V" kio\ (ornard to submltl:lls or wr o:quc.>tcd ln(onn11 tlon and any fi1rthcr dC'\ eloptncnt~ in the pr'OJC'CI ~ )OV '°' tht oppon!iNI) » commms Sliou~ )'OU hl,·c •) ques1tont rcpnhn1 arc.hitcrttR c~mt. plnsc call SUS;11n ru.~i at (SOS) 692-&tlll.. ST;,<n t-: ~1t. Rick Tsuchiy .. Count} of K.awil. l'lanni111 l'.>cJ.'111"''\1.."tU, .i.i.a4 Rioo St~cl. S\lilt: 1\473. Lih..:. Kaw 96766-tn6 FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 32 of 35 U1''"-U.<o;C;U ~-.oo ....... l\1arch 12, 2008 l\1r. l\tcrlc Grimes MOG.LLC. STATE OF HAWAII D£PAftTM~'"'f0t' LA.N"D A.ND NATURAL RF.sOUR CF.S STATE IUSTORK' ~ERVATIOl'f DfVISK>N .01 KA.\tOKILA OOUl[VAJD, ROOM''' KAl'OtEt.HAWAll 96101 1042 Urol..cn ArTow Circ le Eli,.bc1h, CO 80107 Dear l\1s. Grimt.':S: uu,," ,..._._ .. -· .. _ .. .__..._, ..... _....._ .. _....,.,.iu••--•-~' ............... --·-.......... ..... ......... _,_ .. ... -................. ._,_ ... .. <US>•o,ft.Ol-<.-r'"t_,. _. ......... _..._._..., .... _._..,., -·-~ .. JE:~?.r~L .. ... ,.,_. LOG NO: 2008.1069 DOC NO: 0803NM02 Archacolog) SU BJECT: National HiJtorlc Prt"Kn'•lion Acl (NllPA) StC'lion 106 Rc--\it""· - R~Burial Site af fhe \Vaitua Golf Cour'$e and the Ahukini·Lydgate Segment of the Hike and Pedestrian Pa1h Project \Vailua, Kauai D\JK; (4l J.9.02· por 4 \\fc h11'e rt\ie,,ed lhe consu ltation condoctcd b) your company in tcnT\S of approving the propo~-d Kauai Counly Coastal Path to pass within 30' ofa known burial re-in1ermcnt site in 1he \Vailua Golf Course parking 101 . The p:ith :i lignment. as proposed. will pass c. 30 fee l from 1he re-burial si1c . \Ve unders1and 1h1u Lhe internment itself will not be impae1cd by 1hc path or path con.srruction and 1hc area s urrounding the internment site "ill have btner prot.cction b}' I.he plACemcnt of boulders 10 pte\C'lll cars from parking ctosc 10 1he si1c as d1ey curreruly do at present. In nddition. ·n.e Kauai Burial Cooncil vo1cd unanimously at 1hcir regularly scheduled 1TK.'ciing on l\tay 2. 200610 recommend approval of these proposed actions 3.round die in1cntmcn1 site . \Ve bclitYC that no signifrcant impocts will occur to the re-burial site during construction of the Bike and Pedestrian Path neat the Wailua Golf Course rc-i111crmen1 s it e. We lool. fOf'\~atd to your continued cooperation on 1his pr0jcc1 as i1 mO\'CS fOl"\\ard If you have any questions. please contact Nancy l\icl\~ahon. our Kauai lslnnd Archaeo logist at 303·241 ·3690. Aloha 1f ~ tl/!t/u L Lauri II. 'n1H:len ;-State I l1stonc P'rcscn atioo Officer Nl\I FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 33 of 35 __ ./ "----- 111 t:1p1.t1.1.tat\'lf.."4rl1••1s 11_ ...... 11 .. tt1 .,.,u Ms. 'l;ancy McMobon \lard! 12, 2008 S1a1c llls1onc l)restl'\ation D1v1s1on Kllkuhohcwa Buildmi:. 601 Kamol<1I> Bh'd., SundSS, Karole!. Haw:ii'1. %707 RE: Co nturrcntt of .. ;\oAd\e_rst Elftc1-pa lhr ll•namautu Railroad Brhfitt Re1ron1 (S1a10 Silo No. -1845) a nd Concr<lt llo x Culver! (Sl•I• Siie No. -18-16 ) "llhln 1bc Ah uklnl·L) dgi1 r Sqmtnl or lht Bike and Ptdcslrlan Polh Projttl Dear 1\ols. ~1cM11hon! llus la1er pro\ tdes consultation (to cblt) on proposed modifica11ons 10 1hc ~' e no1<d <1ructun:s and ><.-.:k.s fonnal SI I PO concurrcncc of''Do od' me impact" 011 lhc.c 1Us1oric properties \vithin tic AJlukini·Lydgatt Stgincn' of the lJ 1kc :intl Pedestrian Path Pn>J«t <OfT1dor (Path) Please note lhal no McmonnJum of Agrrrmrnc (MOA) "-.' n:quoml forth" S<:b'll>cn1of1hc l'llh p<oJCCI. •hhooQll 111 chc l<nets of an MOA for OlhcT SCJP1lcnts of the Pa1h were followed ror this "'"menc. Mldp1ion of H1,1oric StnM;t\lll.'S l\\'O h1s1oric propcmcs \\·trc 1dCflt1ficd 1n the Ahukini-Lyd;;nc palh coiridor: Ha111mnulu Cane Houl llridge (Scne Site No -184S) and 1 concrete bo\. cuhcn (Slltc Sue :-..;o. -1846) 1n K.a"·:ulol. ~iodc:st mod1ficauons co bolh sn·uctures have been pro~cd A1 ttqu1m:l 1n most MOt\ ·s. consulmuon with the SHPD b;,. occurn:d A lcucr dal<d Moy I. 2006 wu submit1cd 10 SHl'O (S. Tosoki) for comment A SC<ond complt>ncc lctc<T was S11bmincd 10 \t.. Tl.lllla ofSHPO on F•b"""Y 9, 2007 and addrmcd hc:r coocc:m• or modificacions to chcsc stru<mru. SHPD (S. T1skat) tt<pOndcd on :u1 Apnl 9 , 2007 ltuer(LOO N0.:2007,0597, DOC N0.:0703STl5). C'OAA1llat1on wos obo complc1cd <i< all Sechon 106 documents bcina subn1it1<d 10 the Fcdcrul Hi~hways Mminl!trntton (FllWA). The FWHA lw conunmt.cd. \\ llh the onJy commcn1 bc"Lng lhty rrqultt. lcttier or·"no td\'ersc crrccl'' ~r the bndi;c .ind cuhcrt rrom the SHPD Coosuluuon per 1ho "'" huionc struct\Jrtl also occ:un<d "11h the full membership of the K1tua1 H1itonc P~crv31lOn Rc,..1c\\ Committee (KllPRC) 1n Apnl, 2006. The KHPRC gc:11<:ntlly •greed with Ille mcxlifiu1io11s and Sul!llcmd •different n11Hng S)11<m alooa the tt......na · ulu Cm< Haul Bndb"'- In addiuon. consultation h~s also been fonn1Hy acquned dunng mceunys rur dacun1on of the En\lrauncncal Ass<umcnl. The publK: mecunp wer< held on June 22. 200S (Hanoni•ulu. Kaw 'i), August 2S. 200S (Lydgiue Park. K>uat), l\l>y 23, 2006 (Lyd~tc Porlc , K.ouo1), and February 26. 2007 (Lydgnte P>rk, Kauai). Pubhc oomm<nl on the proposed routing"'» ttCCJ.\'Cd dunn.g 1hcsc mc:ctangs. t hsioric Pl'C'SCf\'ltLon conccmic "'ttC minam.ll. orno1e. the Office or Hav.·1u1:m AiT111rs (OHA) pt0\.1dtd \\Titlm Pae -.tn.111.l /scs...._.._.u..-..•d'Q'1fPCe@Et!u-.\r • .._, ~10 ~rllfll•lit.1 .CUStn • 11..,lliilll.., • .toluli •"-._.I FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 34 of 35 cornmc111 (Januory 20, 200S) ror the proposed p~thway scgmenL Their conc~ms were oddn:sscd both in lcucr form 111d at lhc obovc nolcd fONJ11S. Per fomul l'qJOIU sulm111cd to Ibo SHPD for"""'"" SC\'Crul ha'• been completed. An Arc:haeolog1cnl ~10rtttcnnll Pl2n was "'"ncn and M1bnnucd to 1hc SHPO for rn·tC\\ in July, 2005 . Th<! AMP wos •<«pied &hcnly lhcre•ftor. Pcd .. 1n•n '""•Y of the cnri,. Ahukini·Lydgiuc conidor was con1pktctl by SCS 11rch:u!ological s111ff on scvcml occasmns. The: d4ta is prC>Cntcd in the En\ironmcntal Assessment and also in a Jl10n IU\-l~l"li'UI 'q')OC1 (Ocp &nd ro\\·cU. Scp1emMt-200S) u'hJch ... ., pn!SeN~ to tht- SHPD. Only 1hc 1wo abo'c no1cd h1""'1< SUUCl\UU """' idcnuficd dunns lh< field 1nspcc110<1s. Any olhcr sil<S "ould occur bc:ncolh the <urfa<:e. and Ir pn:scnt. would be tdcnlificd dunna Monitori,g. Through the COllltU.ltaucn process note abo\ c. 11\cre ha'e been no negative conuncnts 10 date r<gonllng any of the PfOl'O><d mocbf100uons being an advcr1e 1mpx1 to 111< bndac (Sile -ISJS)or lhccuhcn(-1846). If you would hkc anyaddiuocul 1nfomuhm rcpdiog cmsu hallon """ on} of th<: rcpcns pttp:IJCCI for llus p<oJCCI n:pn:ling the his1onc propc:rtu3, ~1! "ill send 10 you immcdrntcly. Thank you ror your cmsidcnulons ond ''"C' look (of'\\•ard to your concumnce lrut.r or •ny addiuOIUI quat1ons ~may hl\e about this rroJCC'I. ~'"~ \lichael Ucp. Ph.D. Senior An:i»<Olopsi Scientific ronsultam Smiccs. Inc. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Section 106 Page 35 of 35 U:.'IDA U.."'ClL 00\'D."IOROf'KAWAD STATE OF HAWAfl DEPARTM ENT Of LANO AN O NATURAL RESOURCES March 13, 2008 Dr. Mic hael Dega, Ph.D. Scientific Consult ing Services, In c. 7 11 Kap iolan i Blvd., Suite 975 Honolulu , Hawaii 96813 Dear Dr. Dega: POST OF~1CE BOX 621 llONOLU LU, llAWAll 96809 S UBJECT: Section 106 (NHPA) C onsultation Federal Highways A dministration Hanamaulu Railroad Bridge LAlltA H TillU.L"ll ClliAIU'U.'Jt"" ~>C.-LAHnAtC>Ko\n'-'1.a;iJl[ll.a:J tueCWON~•AlUILll.--l~ n'SSU.L ' rsu.11 na .. ttllfJ11TY K~C' i..A\llAllARA lltJ"ITToarcmlll ·IJllA T'[I A(IOAfk UJCXAICU Bt'ATNlAMDOCrNlat~t)I..,. ll'..U.l.lf'f'L'l'.JH\1YAl•IU'I ~CWW>\bllllUUl_lti'.l~N'l l'CIH$t llYAllfJf<AIC>C~IAI LUbl c~-.VATlf'.#o/Al'DlUOl.IKL'fNff'WTJ,G-pq lWftlllDl(J routntY AHi.i WIWlll ntnou.; rauuv.11"°" 1e .. ~.Hl'.W'll.A~l l'LAH111U~llW~ ...... UA11PAJllK$ LOG NO: 2008.1024 DOC N0:0803KK08 Architecture Retrofit and Concrete Box C ulvert with in the Ahukini-Ly dgat e S egme nt of the Bike and Pedes trian Path Project Hanamaulu, Island of Kauai TMK: (2) 3-7-002 a nd 003 This letter acknowledges rece ipt of your tra ns mi tta l of March 12 rece ived in o ur office on March 13, 2008. Two hi storic properties were identified in the Ahukini-Lydgate path corridor: Hanamaulu Cane Haul Bridge (State site number -1845) and a concrete box culvert (State s it e number -1846) in Kawai loa. In regards to the proposed proj ect. Susan Tasaki o f our office made the fo ll owing comments in a letter dated Apri l 9, 2007 : "We concur with the proposed re habilitation of the Hanarnaulu Bri dge and the box cul vert . Reu se of the Bridge as a bike and pedestrian path is an exemplary alternati ve to its demolition and replacement. Thi s project provides a safe facilit y fo r the user an d the community that preserves an aesthetic and historic resource and therefore exhibits a contex t sensitive solution" (DOC NO. 0703ST 15). A s such our dete rmi nation for the purposed p roject is "no adverse effect .'' Should you have any further questions please contact Katie Kastner in o ur Oahu office at (808) 692-802 3 or katie.j.kastner@hawa ii.gov. Sincere ly, --A~lJ~~v~J ~L aura H. Thielen State Historic Preservat ion Office r and Chairperson NEl L ABERCROMBIE GOVERNOR STAT E OF HAWAl 'I ALBERT "ALAPAKI" NAHALE·A CHAIRMAN HAWADAN fllMPS COMMISSIO N MICHELLE K. KAUHAN E DEPUTY TO TilE CHAIRMAN STA TE OF HAW AI'I DEPARTMENT OF HAWAIIAN HOME LANDS M. WAIALEALE SARSONA EXECUTIVE ASSISTAl'IT P. 0. BOX 1879 HONOLULU, HAWAl 'l 96805 ,fr,', INTERNATIONAL me ECE!Vf.D May 3, 2012 Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawai'i 96817 RE : Section 106, National Historic Preservation Act Consultation, Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) FILE Aloha Ms. Soon, Mahala for including the Department of Hawaiian Home Lands (DHHL) as a party in the NHPA Section 106 consultation process for the coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park on the Island of Kaua'i. The DHHL has the following comments to offer at this time: 1. The DHHL owns approximately 526 acres of land in the Wailua area that is directly adjacent to the proposed project. In addition, the Aloha Beach Resort, consisting of 10.36 acres of land, has been acquired from the Department of Land and Natural Resources and will be transferred to the DHHL. 2 . The DHHL anticipates using the land holdings in this area for agricultural and residential homesteading, as well as commercial development on the ma kai side of Kuhio Highway. Please coordinate the development of the path with the DHHL to ensure that there is regional collaboration and integration into our development plans . In addition, please make certain that the project does not adversely affect the DHHL's ability to develop its ----- FILE COPY Ms. Cheryl Soon May 3, 2012 Page 2 landholdings. For more information, see the Wailua Regional Plan at www.hawaiianhomelands.org. 3. In December 2009, the Hawaiian Homes Corrunission (HHC) approved an update to the Wailua Regional Plan that identifies the proposed shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. We support the intent of the project to preserve coastal access, create a safe recreational resource, and to support alternative modes of transportation. 4. One of the five priority projects in the Wailua Regional Plan includes conducting a Cultural Resources Inventory for the DHHL lands in Wailua. The DHHL is unaware at this time of any other historic sites or cultural properties not already identified in the proposed project area. 5. If any use of DHHL lands is required, please contact Linda Chinn, Land Management Division Administrator at (808) 620-9451. 6. Continue to keep the DHHL informed throughout the implementation and development of the project. Mahalo again for including the DHHL as part of the NHPA Section 106 consultation process. If there are any questions, please contact Kaleo Manuel in our Planning Office at (808)620-9485 or Kaleo.L.Manuel@hawaii.gov. Me ke tloha, ~·l<o~ "'Albe:~ "Alapaki" Na~al~'a, Chairman Hawaiian Homes Commission ,. NEIL ABERCROMBIE GOVERNOR GLENN M. OKIMOTO DIRECTOR TO: ATTN: FROM: SUBJECT: STATE OF HAWAII DEPA RTM ENT O F TRANSPORTATION 869 PUNCHBOW L STREET HONOLULU, HAWAII 96813-5097 THE HONORABLE WILLIAM J. AILA JR., CHAIRPERSON DEPARTMENT OF LAND AND NATURAL RESOURCES PUA ALAOKALANI AIU, Ph.D. ADMINISTRATOR STATE HISTORIC PRESERVATION DIVISION Depu ly Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO : HWY-DD 2.1226 GLENNM. OKIMOTO, Ph .D. ~~ ~ DIRECTOR OF TRANSPORTATION I v - NATIONAL HISTORIC PRESERVATION ACT SECTION 106 CONSULTATION AHUKINI-LYDGATE PARK BIKE/PEDESTRIAN PATH, FEDERAL-AID PROJECT NO. STP-0700(51) On behalf of the Federal Highways Administration (FHWA), the State of Hawaii, Depaiiment of Transp01iation, Highways Division (HDOT) is resuming consultation pursuant to NHPA Section 106 and Title 36 Code of Federal Regulations (CFR) Pait 800 to identify and evaluate historic properties that could potentially be affected by the subject federal unde1iaking. The project consists of the development of a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. The project is a key segment of Ke ala Hele Makalae, the 16-mile Nawiliwili to Anahola Shared -Use Path proposed in the 1994 State of Hawaii Master Plan - Bike Plan Hawaii, and in the 2003 Bike Plan Hawaii update. The NHP A 106 consultation process was initiated on January 6, 2006 . A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is attached along with a detailed description of the historic prope1iies identified within the project's Area of Potential Effect (APE). Based on input received from paiiicipating consulting parties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminarily deten11ined that no historic properties will be adversely affected by the project. We are resuming consultation effo1is to ensure that all interested consulting parties, and in paiticular all interested Native Hav,1a iian Organiza tions , have an opp01iunity to paiiicipate in the NHP A 106 consultation process in accordance with 36 CFR Pait 800. Pua Alaokalani Aiu, Ph .D. Page 2 HWY-DD 2.1226 An invitation letter is being mailed to all of the potential consulting parties identified to date. A copy of the letter and list of potential consulting parties is attached for your reference. Pursuant to CPR Pait 800.4, Identification of Historic Properties, we also request your consultation to identify any historic prope1ties, including any data concerning possible historic properties not yet identified, and potential effects within the project's APE. In addition, the County of Kauai, HDOT, and the FHWA plan to hold a public meeting with cunent and potential consulting parties to discuss the project and provide an oppmtunity to share infonnation about historic prope1ties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting anangements and will contact you to confinn the meeting agenda and schedule. We appreciate your continued consultation and guidance as we work to complete the NHP A 106 consultation process for this project. If you have any questions or require additional information, please contact Doug Haigh, County of Kauai, Building Division Chief at 808-241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at 808-356-1268. Enclosure c: County of Kauai (D. Haigh) FHW A (J. Nickelson) SSFM (C . Soon) US. Department d i'cnsportation Federal Highway Administration Mr. William J. Aila, Jr. Hawaii Federal-Aid Division July 30, 2012 State Historic Preservation Officer Department of Land and Natural Resources 601 Kamokila Boulevard, Suite 555 Kapolei, HI 96707 Subject: Ahukini to Lydgate Park Bike/Pedestrian Path, Section 106 Consultation Federal-aid Project No.: STP-0700 (51) Dear Mr. Aila: 300 Ala Moana Blvd, Rm 3-306 Box 50206 Honolulu, Hawaii 96850 Phone : (808) 541-2700 Fax: (808) 541-2704 In Reply Refer To: HOA-HI The County of Kaua'i, Department of Public Works is proposing to implement the Ahukini to Lydgate Park section of the shared use bike and pedestrian path from Ahukini Landing to Lydgate Park where it connects to an existing bike/pedestrian path. The Federal Highway Administration (FHW A) is proposing to authorize right of way acquisition and construction of this undertaking. This letter, with enclosures, is being submitted as a review of historic and cultural information obtained since the conclusion of the Section 106 consultation process for this project when the State Historic Preservation Division (SHPD) made a determination of no adverse effect in a letter dated March 12, 2008. By letter dated March 1, 2012, your office was updated on the subject project, including a project description (enclosed) which remains unchanged. That letter also provided a description of the consultation conducted from 2005-2008, the identification and description of the area of potential effects (APE) and of historic properties within the APE, assessment of adverse effects, and resolution of adverse effects and mitigations. The Draft Environmental Assessment (EA) for the project was issued in November 2005 and a Final EA addressing comments will be released later this year. Supplemental Consultation Over the past few months in anticipation of release of the Final EA , our office, in cooperation with the State of Hawai 'i Department of Transportation and the County of Kaua 'i, reopened Section I 06 consultation on the project. Invitation letters for further consultation were sent to 37 consulting parties on April 9, 2012. One response was received, from the Department of Hawaiian Home Lands (DHHL). Their response letter (enclosed) describes their land ownership adjacent to or in proximity to the path alignment and they request continued coordination during the development period. The DHHL also relates that the shared use path was anticipated during the preparation of their Wailua Regional Plan (December 2009) and they are supportive of the 2 intent of this project. They further state that they are unaware at this time of any historic sites or cultural properties not already identified. On April 19, 2012, a Section 106 consultation meeting was held jointly with another project, Nawiliwili-Ahukini Shared Use Path, due to the similarity of issues and their abutting location. Letters of invitation to this meeting were sent by the County of Kaua'i on behalf of the County, the Hawaii Department of Transportation and the FHW A. A meeting notice was published in the Garden Island (Kaua'i newspaper) and press releases were sent to television and radio media outlets. Two meetings were held on the same day, at 2:30 p.m. and at 6:00 p.m., in order to accommodate various schedules for attendees. Fifteen people signed-in to one or both meetings. Notes and attendance rosters for the meetings are enclosed. During the Section l 06 consultation meeting, one informant, Puanani Rogers, offered names of knowledgeable persons, including five who had not been previously contacted. Three of these individuals were reached and their information recorded. One declined an interview due to illness and one was not available. Most information was about cultural practices; no new information was revealed. Confirmation of Resolution of Adverse Effects and Mitigations The identification of the APE, affected properties, and assessment of adverse effects of the undertaking on historic properties remains unchanged as the result of additional consultation, and therefore, we find that the determination of "no adverse effect" remains appropriate. The following mitigations will be taken : • Avoidance where possible. An Archeological Monitoring Plan was prepared and this will be the primary form of mitigation to determine the presence of sites not previously identified. This will determine what measures will be taken when and if cultural artifacts are found before or during construction. Monitoring procedures will be conducted in accordance with rules and regulations established by the Department of Land and Natural Resources. • There will be minimal work on the Hanamii'ulu Railroad Bridge. Structural repairs will be completed to restore and stabilize the bridge. Handrails and other features required for public safety will be sensitive to the historic nature of the bridge and minimize the visual effect using tension cabling for the handrails . This treatment is described in a letter to SHPD dated May 2, 2006 (copy enclosed). • During design, the Office of Hawaiian Affairs, DHHL, local Hawaiians, the Kaua'i Burial Council and others will be consulted to understand the native perspective. The ancient ala Loa (paths) will be used where feasible and desirable. Signage to celebrate and educate about the Na tive Hawaiian heritage will be incorporated where budget and design allows. Compliance with Section 4(0. U.S. DOT Act An evaluation of Section 4(f) resources was completed in the Draft EA. The findings that there are measures in place to minimize and mitigate harm to Section 4(f) resources will be confirmed in the forthcoming Final EA. Conclusion Based on the recent supplemental consultation, we conclude that no further consultation under Section 106 is warranted. There are no project related effects to properties of a cultural and religious significance that have not been previously disclosed and fully considered. All mitigations measures will be made part of the project. 3 If you have any comments on this matter, please respond within thirty (30) days of receipt of this letter. If you have any questions, please feel free to contact me at 541-2304. Sincerely yours, ~~i~s~~ Ci vii Engineer Enclosures cc: Douglas Haigh, Kaua 'i Department of Public Works Holly Yamauchi, Hawai'i Department of Transportation Todd Nishioka, Hawai 'i Department of Transportation Kamana'opono M. Crabbe, Ka Pouhana, Office of Hawaiian Affairs Jobie Masagatani, Director, Department of Hawaiian Home Lands March 1, 2012 Pua Aiu, Ph .D. Adminstrator State Historic Preservation Division Kakuhihewa Building 601 Kamokila Boulevard, Suite 555 Kapolei, Hawaii 96707 Dear Ms. Aiu, HOOT Letterhead Section 106 National Historic Preservation Act (NHPA) Consultation Ahukinl-lydgate Park Shared Use Path, Federal-Aid Project No. STP-0700 (51) Lihu'e, Kaua'i, Hawai'i We are writing to provide an update on the subject project. Previous consultation on this project was conducted in 2005-8 by Merle Crimes, LLC as the planning consultant and Michael Dega, SCA as the historic preservation consultant. Consultation included HSPD, OHA, Native Hawaiian Historic Council and Kauai Historic Preservation Commission and other county, state, federal agencies and private parties. Letters were received from SHPD on April 9, 2007 concurring in the proposed rehabilitation; on March 12, 2008 approving the proposed action at the burial re-internment site; and on March 13, 2008 providing a determination of "No Adverse Effect." The County of Kaua'i Department of Public Works plans to proceed to develop the coastal, shared bicycle/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is included in this letter. The project is being funded through the State of Hawai'i Department of Transportation using funds from the Federal Highway Administration (FHWA). Use of federal funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. The Draft EA was issued in November 2005 and while a Final EA was prepared, it has not yet been released. FHWA has asked for additional consultation prior to release of the Final EA. A summary of the NHPA Section 106 consultation work that has been conducted for this project as of this date is included in the attachment, along with a detailed description of this historic properties identified within the project Area of Potential Effect (APE). Based on input received previously from participating consulting parties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kaua'i Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kaua'i and the SDOT-H have preliminarily determined that no historic properties will be adversely affected by the project. The objective of this letter is to advise SHPD that we are re-activating the consultation process by sending letters to NHO, the County and others. In accordance with 36 CFR Part 800, Section 800.2 The County of Kaua'i, SDOT-H, and the FHWA plan to hold a public meeting with current and potential consulting parties to discuss the project and to provide an opportunity to share information about historic properties and potential project effects within the APE. Due to the untimely decease of Mr. Grimes, this additional consultation is being aided by SSFM International. If you have any questions regarding the continued the consultation process, please do not hesitate to contact us. We also invite you to contact us if you would like any additional project information, or if you would like to discuss the project or the planned meeting. You can contact us at: Very truly yours, Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, HI 96817 (808) 356-1268 csoon@ssfm.com GLENN M. OKIMOTO, Ph.D. Director of Transportation State of Hawaii Cc: Doug Haigh, County of Kaua'i, Department of Parks Attachment National Historic Preservation Act, Section 106 NHO and Community Consultation on the County of Kauai Nāwiliwili – Ahukini Shared Use Path Project and Ahukini – Lydgate Park Shared Use Path Project Thursday, April 26, 2012 Session # 1: 2:30 PM to 5:00 PM Piikoi Conference Rooms A & B, Piikoi Building, Lihue Civic Center, 4444 Rice Street AGENDA PART 1: PRESENTATIONS 2:30 PM Pule Welcome, Meeting Purpose, and Introductions Lenny Rapozo, Director, County of Kauai Parks & Recreation Department Doug Haigh, Chief, Building Division, County of Kauai Department of Public Works Mauna Kea Trask, Deputy County Attorney, County of Kauai 2:40 PM Housekeeping and Explanation of Meeting Format Leslie Kahihikolo, Facilitator 2:45 PM Overview of Project and the NHPA Section 106 Process Lenny Rapozo and Doug Haigh o Overview of Ke Ala Hele Makalae Path Project o Overview of the NHPA Section 106 Four-step Process o Status of each Shared-Use Path Project 2:55PM Ahukini to Lydgate Park Project Cheryl Soon, Ph.D., SSFM International, Inc. and Michael Dega, Ph.D., Scientific Consultant Services, Inc. 3:10 PM Nāwiliwili to Ahukini Project James Niermann, R. M. Towill Corporation and Hal Hammatt, Ph.D., Cultural Surveys Hawaii PART 2: FACILITATED DISCUSSION 3:25 PM Leslie Kahihikolo, Facilitator 4:25 PM Concluding Remarks – Lenny Rapozo and Doug Haigh, County of Maui COUNTY OF KAUA‘I BERNARD P. CARVALHO, JR. Mayor GARY K. HEU Managing Director DEPARTMENT OF PUBLIC WORKS News Release For Immediate Release: April 17, 2012 LARRY DILL, COUNTY ENGINEER Tel (808) 241-4996 Fax (808) 241-6604 Meetings regarding shared use path set for April 26 LĪHU'E – The county has scheduled two meetings next week to discuss the possible effects of the Nāwiliwili to Ahukini and Ahukini to Lydgate segments of the shared use path, Ke Ala Hele Makalae, on historic properties. The meetings are being held in accordance with section 106 of the National Historic Preservation Act. Both meetings are scheduled on Thursday, April 26 at the Līhu'e Civic Center, Pi‘ikoi Building, conference rooms A&B. The first meeting is set for 2:30 to 5 p.m. and the second meeting will be held from 6 to 8 p.m. A presentation on the scope of each segment will be made by the respective consultants, SSFM International, Inc. and R.M. Towill Corporation. The public will have the opportunity to comment after the presentations. Anyone requiring special assistance or an auxiliary aid for the meetings should contact Doug Haigh at 241-4854 or dhaigh@kauai.gov at least seven days before the meetings. To date, 6.8 miles of Ke Ala Hele Makalae have been completed, including the Lihi Park to Keālia Beach Park and Lydgate Beach Park segments. Meetings regarding shared use path set for April 26 Pg. 2 04-17-12 The Kawaihau spur of the shared use path is currently underway, and a notice to proceed is expected to be issued next month for the segment that will run from Lihi Park to the Foodland/Safeway pedestrian bridge. During his inaugural speech titled Holo Holo 2020, Mayor Carvalho spoke about his vision for Kaua'i in the year 2020, which includes constructing as many segments of Ke Ala Hele Makalae as possible. The multi-use path is one of 38 projects that are part of the mayor’s Holo Holo 2020 vision for Kaua'i, which calls for all organizations, businesses, residents and visitors on Kaua'i to be part of creating an island that is sustainable, values the native culture, has a thriving and healthy economy, cares for all – keiki to kupuna – and has a responsible and user-friendly local government. ### PUBLIC SERVICE ANNOUNCEMENT FOR COUNTY OF KAUAI START: APRIL 19, 2012, 11:30 AM STOP: APRIL 26, 2012, 6:00 PM 20-SECOND PSA THE COUNTY OF KAUAI WANTS TO LET YOU KNOW THAT CONSULTATION MEETINGS UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT WILL TAKE PLACE TO DISCUSS SHARED-USE PATH PROJECTS FROM NAWILIWILI TO AHUKINI AND FROM AHUKINI TO LYDGATE PARK. THE MEETINGS WILL BE HELD AT THE LIHUE CENTER PIIKOI BUILDING, CONFERENCE ROOMS A & B ON THURSDAY, APRIL 26, FROM 2:30 PM TO 5:00 PM AND 6:30 PM TO 8:00 PM. YOU MAY ATTEND EITHER OR BOTH SESSIONS. STATE OF HAW AI I CO UNTY OF KAUAI AFFIDAVIT.OF PUBLICATION THE GARDEN I SLAND --------------------------------------------------+------~ HEATHER FORESTER SS FM INTERNATIONAL INC . 99 AUPUNI STREET SU ITE 202 HILO HI 96720 REFERENCE ; 109554 742278 NAWILIWILI -AHUKINI SHARED USE PATH I I Kaylen Manoi, bei ng duly sworn, deposes and says , I t hat she is an em loyee of "The Garden Island," a I n w &pllp r publ •sh cl ! t1 l.i htJ , C:::o1Jn y of Kau · i . I St:.;. e ~Wai h t. th~ NOT c . in h l!l.l:xlv I entitled matter of which t h e a nr exed is a true and! correct copy , was ublished ___ time (s) in "The I Garden Island" afo i esa id and that thi s affiant i s I not a p arti to way interested in the I abo v •~ en . led : . !.J. - me this 20 Notary Public, Fifth Judicial Ci ru it State of Hawai i My Commiss i on E xpi r es : 10' ~·.Aili~ Document Description: Aff idavit No. o f pages: 1 Docume n~ D P UBLISHED ON : 04/19/2012 ~11 FILED ON : ..Q-4/1")/12 day of ," LEGAL NOTICE Notice is hereby given that the County of Kauai has scheduled Section 106 Consultation Meetings of the National Historic Preservation Act (NHPA) for two projects: · 1) 2) Date: Time: Location: Nawiliwili-Ahukini Shared-Use Path Federal Aid Project CMAQ-0700(57); and Ahukini-Lydgate Park Shared-Use Path Federal Aid Project STP-0700(51) Thursday, April 26, 2012 Session I: 2:30 pm to 5:00 pm AND Session II: 6:00 pm to 8:00 pm Lihue Civic Center Piikoi Building, Conference Rooms A & B 4444 Rice Street Lihue, m 96766 Presentations and opportunities to comment will be the same at both the 2:30 pm and 6 :00 pm session. Participants may attend either or both sessions . Link to County of Kauai Maps of County 1''acilities can be found here: htto·//kauai gov/tabid/164/Default.aspx Comments on this project may also be submitted by email, regular mail, or fax to: Mailing Address: Email Address: Fax Number: <April 19. 2012) County of Kauai Department of Public Works 4444 Rice Street, Suite 255 Lihue, Hawaii 96766 Attn: Doug Haigh dhajgh@kauai.gov (808) 241-6204 County of Kaua‘i         Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting    Thursday, April 26, 2012         Session 2: 6:00 – 8:00  PUBLIC NOTICE  Public notice for this Consultation Meeting was provided as follows:  Meeting notice letters were sent under County of Kaua‘i letterhead to individuals and organizations,  including Native Hawaiian Organizations, who had previously been identified as participants or potential  interested participants in the National Historic Preservation Act (NHPA) Section 106 Consultation for the  two path projects. A copy of the contact list is attached for reference.   A press release was issued on April 17, 2012 by the County of Kaua‘i, Department of Public Works.  Public notice was published on April 19, 2012 in the Kaua‘i Garden Island newspaper.  A Public Service Announcement (PSA) was broadcast beginning April 19, 2012 on KKCR, KFMN FM97, and  KONG radio stations on Kaua‘i.  TIME AND LOCATION  The meeting was held on Thursday, April 26, 2012. The meeting started 6:05 p.m. and ended at 8:00 p.m. when the  public attendees concluded their comments and questions.  The meeting was held in the Piikoi Conference Rooms A&B, Piikoi Building, Lihue Civic Center, 4444 Rice Street.    ATTENDANCE  County of Kaua‘i  Lenny Rapozo, Director, Department of Parks and Recreation  Doug Haigh, Chief, Building Division, Department of Public Works  State Department of Transportation  Ray McCormick, Director Kaua‘i District  Federal Highway Administration  John Nickelson  Project Consultants – Ahukini Landing to Lydgate Segment  Cheryl Soon, SSFM, Project Manager  April Coloretti, SSFM, Project Planner  Michael Dega, SCS, Project Archaeologist  Project Consultants – Nāwiliwili to Ahukini Landing Segment  Jim Niermann, R. M. Towill Corporation, Project Manager  Craig Araki, RMTC, Project Planner  Hal Hammatt, Cultural Surveys Hawai‘I (CSH), Principal Project Archaeologist  Gerald Ida, CSH, Project Archaeologist  Facilitator  Leslie Kahihikolo, Inharmony Solutions  Community Members at the 6:00 p.m. meeting  Sally Anson  County of Kaua‘i Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting  Thursday, April 26, 2012   Session 2: 6:00 – 8:00  Cheryl Lovell‐Obatake (Aha Moku)  John Lydgate, Friends of Kamalani, Volunteer  Wilma Holi  PRESENTATIONS  A copy of the PowerPoint presentation used in the meeting is attached for reference.  Doug Haigh, Chief, Building Division, Department of Public Works, County of Kauai, Department of Parks and  Recreation opened the meeting, introduced agency representatives, and presented an overview of the meeting  purpose and objectives and of the National Historic Preservation Act (NHPA), Section 106 consultation process.  The purpose of this Consultation Meeting is to review and continue NHPA, Section 106 Consultation for two shared  use path projects: (1) Ahukini Landing to Lydgate Park, and (2) Nāwiliwili to Ahukini Landing.  The objectives of this Consultation Meeting are:   •Establish a common understanding of the NHPA Section 106 consultation process; •Share project information, status updates, and outcomes of studies and consultation efforts to date; and, •Gather and document any new information on the Area of Potential Effect (APE), the historic properties in the APE, and the potential effects on the historic properties. Leslie Kahihikolo, presented an overview of the meeting agenda and ground rules for meeting participation.  AHUKINI  LANDING TO LYDGATE PROJECT  This project is in the third step of the NHPA process.  An Archeological Monitoring Plan was done in 2005 and a no  adverse effect letter of determination was received from SHPO in 2005.    Cheryl Soon (SSFM, Project Manager) and Michael Dega (SCS, Project Archaeologist) presented the Ahukini Landing  to Lydgate path project. The presentation included an overview of the key project features, the planning process,  NHPA 106 Consultation efforts, identification and assessment of historic properties in the Area of Potential Effect,  planned mitigation measures and next steps for the project.   DISCUSSION  After the presentation by Cheryl Soon and Michael Dega, Leslie Kahihikolo facilitated a session with meeting  attendees focused on the Ahukini Landing to Lydgate path segment.  Q: Cheryl Lovell‐Obatake (CO) – Doug, what are the federal project numbers?   A:  Doug Haigh (DH): Ahukini to Lydgate Project: STP‐0700‐5.  Nāwiliwili to Ahukini Project: CMAQ‐0700‐57.  Q: Sally Anson (SA) three trail heads were mentioned. Where are they?  A: Ahukini, Hanamaulu Beach Park, and Wailua Marine Camp  Q: John Lydgate, Friends of Kamalani (JL) – Who will do the maintenance? Will volunteers be used?   County of Kaua‘i         Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting    Thursday, April 26, 2012         Session 2: 6:00 – 8:00  A: LP:  Maintenance is performed by the County DPR. We also rely on volunteer path caretakers. We welcome  additional volunteers from Kaua‘i Path or other community groups to adopt maintenance on future path  segments.  Q: Chris Kauwe (CK) – 1) What is the width of the path?  2) Will there be gates?  3) There are several companies  that rent bikes. What is the County’s plan for handling commercial uses on the path?  4) Will there be clear signage  and cultural /historic interpretation at the historic sites?   A:  DH: 1) The path will have a standard width of 10’ to 12’. It will have a minimum width of 8’ only where site  constraints require it.  2) There are no gates planned for the Ahukini Landing to Lydgate segment. 3) Commercial  use on the path will be addressed the same as other concessionaires that use County recreational facilities, e.g. as  is done with paddler concessionaires. People are seeing an opportunity to make a livelihood and provide and  service and that’s a good thing. Maybe the County will want to participate and generate some revenue for park  maintenance.  4) There will be interpretive signage at some of the historic/archaeological sites. Sign locations and  content will be determined in consultation with appropriate groups and individuals. Typically, burials are not  identified and other sensitive sites are not called out in order to prevent vandalism and disturbance.  We are open  to input at this meeting or future meetings regarding sign content and will be happy to keep contact with  interested parties through the design process.   Q: CO – 1) Regarding the commercial bike issue ‐ the carrying capacity is important. The path and adjacent  resources can only handle so much.  2) Need clarification regarding fiber optics near the shoreline.  3)  I  understand there will be archeological monitoring?  4) What about cultural monitoring?   A: DH: 1) Noted.  2) The fiber optics comes from the golf course (most sensitive part) and then to and along the  hwy.  3) Yes. There will be archaeological monitoring according to the approved monitoring plan.  4)  The County is  using cultural monitors more and more on other projects and is open to including a cultural monitor on this  project.   Q: Wilma Holi ‐ Do a title search on the land. The land is owned by Victoria Kamamalu.  A: Noted.   Q: CK –  Not all of the information on archaeology and historic properties is being obtained.  Historical and cultural  information lies with the kupuna, and they don’t all come to these meetings. That coast line has been inhabited for  centuries. There has been generations of fishing and resource gathering and other cultural practices in these areas.  This project will open up access for everybody to come in and ultimately the host culture is getting squeezed out a  little more. With development of the path ‐ who is responsible for monitoring the impacts to resources? How are  you going to mitigate the impact to those resources?       A: 1) Noted.  2) The path will increase the number of people along the coast line. The County respects and protects  Hawaiian gathering rights, but the County cannot restrict other people’s access to the resource. Fishing is  regulated by the State (DLNR, DOCARE). We will inform DOCARE of the concerns about overfishing and other  resource use.   C: WH – Because of the project there are natural resources that will ultimately be affected through exposure to  more people and over use. DOCARE doesn’t have enough people to monitor all the users.   C: CK – Maybe there are Konohiki from these areas who can monitor use.  County of Kaua‘i Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting  Thursday, April 26, 2012   Session 2: 6:00 – 8:00  NĀWILIWILI TO AHUKINI LANDING PATH PROJECT  This project is in the second and third steps of the NHPA process.  Four special studies have been conducted to  identify and assess potential effects to historic properties in the project area. These include:   1.Archaeological Literature Review and Field Inspection Report for the Nāwiliwili – Ahukini Bike/Pedestrian Path Project, Nāwiliwili , Kalapakī, Hanamā‘ulu, Ahupua‘a, Līhu‘e District (Puna Moku), Island of Kaua‘i, Chris Monahan and Hal Hammatt, Cultural Surveys Hawaii, Kailua, Hawai‘i, June 2008. 2.Cultural Impact Evaluation for Nāwiliwili  – Ahukini Bike/Pedestrian Path Project, Nāwiliwili, Kalapakī, Hanamaulu Ahupua‘a, Līhu‘e District (Puna Moku), Island of Kaua‘i, Mishalla Spearing, Chris Monahan and Hal Hammatt, Cultural Surveys Hawaii, Kailua, Hawai‘i, June 2008. 3.Archaeological Inventory Survey Report for the Nāwiliwili  – Ahukini Bike Path Project, Nāwiliwili , Kalapakī, Hanamā‘ulu Ahupua‘a, Līhu‘e District, Kaua‘i Island, Kendy Altizer and Hal Hammatt, Cultural Surveys Hawaii, Kailua, Hawai‘i, September 2009, Revised April 2010. 4.Architectural Inventory Survey and National Register Eligibility Evaluation for Nāwiliwili  Stream Railroad Bridge and Niumalu Bridge, Island of Kaua‘i, Mason Architects, Inc., for R. M. Towill Corporation, Honolulu, Hawai‘i, July 2009. The SHPD and FHWA have not made an effect determination for the Nāwiliwili to Ahukini Landing segment of the  project.    Jim Niermann (RMTC, Project Manager) and Hal Hammatt (Cultural Surveys Hawaii, Project Archaeologist)  presented the Nāwiliwili to Ahukini Landing path project. The presentation included an overview of the key project  features, the planning process, NHPA 106 Consultation efforts, identification and assessment of historic properties  in the Area of Potential Effect, planned mitigation measures and next steps for the project.   DISCUSSION  After the presentation by Jim Niermann and Hal Hammatt, Leslie Kahihikolo facilitated a  session with meeting  attendees to discuss both the Ahukini Landing to Lydgate path segment and the Nāwiliwili to Ahukini Landing path  segment.  Q: JL ‐ When was the lighthouse built?  A: 1933.   Q: WH: ‐ did you find anything from the stevedores’ camp at Ahukini.   A: Hal Hammatt (HH): There are concrete house foundations. There may be trash pits. Not much is left.  Q: CO – I’m here for the second session representing the Nāwiliwili ahupua‘a.  Who has the possession of the sea  wall area where Paukini rock is?   A:  JN – The TMK records indicate that it is owned by the State.  Q:  CO – Will the path easement be for the bike path only?   A: DH – Yes.  The easement is for the shared‐use path only.   County of Kaua‘i         Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting    Thursday, April 26, 2012         Session 2: 6:00 – 8:00  Q:  Who prepared the Nāwiliwili Beach Park master plan that you’re using in your plan?  What is the date on that  plan? Because there were several plan alternatives.   A:  We used the alternative with the most recent date from the master plans that were prepared by Carl Imura. Its  dated March 16, 1999.  All of the master plan alternatives that Carl Imura’s planning group prepared are included  in the Draft EA appendices. Path improvements at the park will be coordinated with ongoing park master planning  that the County DPR is currently conducting.   Q: I would like some title review of the Nāwiliwili RR Bridge.   Mr Tester wrote a letter to my grandfather, dated  1940, about the lease for the RR bridge. The letter says that “when the plantation is pau the bridge comes down.”   So I’ll leave you with that.  A: The County will do a title search as part of the research required for the creation of public access easements for  the path.  Also, the KHPRC included as a condition of their support for the project that the County specifically check  with the Lovell‐Obatake ‘ohana regarding unrecorded leases/title that might be documented in the County  archives.   Q: WH: – 1) Did you talk with residents and locals at Nāwiliwili Beach Park?    A: 1) When we were doing field visits and kicking the dirt for the preliminary planning, we stopped by the beach  park and spoke informally with the people who were hanging out there. We didn’t document the discussions, but  the information they provided influenced the plan. We also contacted representatives from Nāwiliwili and Niumalu  canoe clubs. That correspondence will be documented as part of the 106 records.   Q: WH: Did you talk to the Army Corp of Engineers (ACOE)? Will the path affect the jetty that extends past the  park?  A:  JN – Yes. We contacted the ACOE and have pre‐consultation correspondence documented in the Draft EA. If we  do work within the State waters/ ACOE jurisdiction, we’ll have to obtain a Clean Water Act Section 404 permit  from the ACOE and 401 Water Quality Certification from State Dept. of Health. 2) The path won’t go past the  beach park and won’t affect the jetty.   Q: SH – 1) The red line is 7 miles? (referring to the map)  2) What about rescue/emergency access?  3) Parking?  4)  What about the tables?    A: 1) Yes. The primary corridor as shown by the red line on the map is approximately 7 miles. The secondary  corridors shown in blue are approximately 6.8 miles all together.  2) Emergency vehicles will be allowed on the  path.  3) As part of the Nāwiliwili to Ahukini segment, there will be parking at Ninini Point and at Nāwiliwili Beach  Park. 4) There will be picnic tables / pavilions at Nāwiliwili Beach Park. Covered tables/pavilions at the park will be  installed as part of the park master plan being prepared by the DPR. There won’t be any tables between Ahukini  and Ninini Point. Pavilions associated with the path will have tables.      Q: CK – 1) I see the path from Ninini Point to Nāwiliwili going inland around the Marriott property. Will there be  lateral coastal access around the front of the Kaua‘i Lagoons / Marriot property?  2) Again, how will commercial  use be handled on the path?  3) Will we see you (referring to Jim N.) at OHA, Native Hawaiian Historic Preservation  Council (NHHPC)?   County of Kaua‘i Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting  Thursday, April 26, 2012   Session 2: 6:00 – 8:00  A: 1) The Kaua‘i Marriott path (Segment B) is already developed as a pedestrian facility. Bicycles are not allowed on  that path. The pedestrian path will be incorporated into the shared‐use path network. It will hopefully be used as  the County’s soft match for federal funding. 2) Steps will be taken to regulate commercial activities as necessary,  the same as other concessionaires at County recreational facilities.  3) Yes, we can attend a meeting with  OHA/NHHPC and provide an update.    DH: Be aware that OHA has notified us that communication with OHA has to go through OHA and not through the  NHHPC.  C: JL ‐ What is good for Hawaiians is good for Hawaii.   Community participants had no further questions or comments and the meeting discussion was concluded at  8:00 pm.  The FHWA representative, John Nickelson, offered to meet privately with any community member or Native  Hawai‘i Organization who wanted to have a confidential discussion about the project, historic properties, potential  project effects to historic properties, or other issues.  None of the participants at the meeting asked to meet  privately with the FHWA.  WRITTEN COMMENTS  Two forms were provided at the meeting for participants to use to submit written comments to the County of  Kaua‘i and/or to the FHWA.  Comments sent to the County are to be documented in the public project record.  Comments sent to the FHWA are to be kept confidential unless the person who submits the form agrees to public  disclosure.  One written comment form addressed to the County of Kaua‘i was handed in at the 6:00 meeting by Ms. Sally  Anson and is attached for reference.  County of Kaua‘i Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting  Thursday, April 26, 2012  Session 1: 2:30 – 5:00  PUBLIC NOTICE  Public notice for this Consultation Meeting was provided as follows:  Meeting notice letters were sent under County of Kaua‘i letterhead to individuals and organizations,  including Native Hawaiian Organizations, who had previously been identified as participants or potential  interested participants in the National Historic Preservation Act (NHPA) Section 106 Consultation for the  two path projects. A copy of the contact list is attached for reference.   A press release was issued on April 17, 2012 by the County of Kaua‘i, Department of Public Works.  Public notice was published on April 19, 2012 in the Kaua‘i Garden Island newspaper.  A Public Service Announcement (PSA) was broadcast beginning April 19, 2012 on KKCR, KFMN FM97, and  KONG radio stations on Kaua‘i.  TIME AND LOCATION  The meeting was held on Thursday, April 26, 2012. The meeting started 2:45 and ended at 4:30 when the public  attendees concluded their comments and questions.  The meeting was held in the Piikoi Conference Rooms A&B, Piikoi Building, Lihue Civic Center, 4444 Rice Street.  ATTENDANCE  County of Kaua‘i  Lenny Rapozo, Director, Department of Parks and Recreation  Doug Haigh, Chief, Building Division,   State Department of Transportation  Ray McCormick, Director Kaua‘i District  Federal Highway Administration  John Nickelson  Project Consultants – Ahukini Landing to Lydgate Segment  Cheryl Soon, SSFM, Project Manager  April Coloretti, SSFM, Project Planner  Michael Dega, SCS, Project Archaeologist  Project Consultants – Nāwiliwili to Ahukini Landing Segment  Jim Niermann, R. M. Towill Corporation, Project Manager  Craig Araki, RMTC, Project Planner  Hal Hammatt, Cultural Surveys Hawai‘I (CSH), Principal Project Archaeologist  Gerald Ida, CSH, Project Archaeologist  Facilitator  Leslie Kahihikolo, Inharmony Solutions  Community Members at the 2:30 meeting  Randall C. Blake, MD (Kaua‘i Path)  County of Kaua‘i Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting  Thursday, April 26, 2012  Session 1: 2:30 – 5:00  D. Kaliko Santos (OHA)  David Makana Martin  Marge Freeman  Kanani Durant  Haulani Fernandez (Ana Hola Resident)  Pua Nani Rogers (Ho‘okipa Network Kauai)  Rayne Regush (Sierra Club)  Cheryl Lovell‐Obatake (Aha Moku)  Nancy McMahon  Wilma Holi  Ho‘ike  The 2:30 – 5:00 meeting session was video recorded by Ho‘ike Kaua‘i Community Television. A copy of the  recording is available upon request.   PRESENTATIONS  A copy of the PowerPoint presentation used in the meeting is attached for reference.  Lenny Rapozo, Director of the County of Kauai, Department of Parks and Recreation opened the meeting,  introduced agency representatives, and presented an overview of the meeting purpose and objectives and of the  National Historic Preservation Act (NHPA), Section 106 consultation process.  The purpose of this Consultation Meeting is to review and continue NHPA, Section 106 Consultation for two shared  use path projects: (1) Ahukini Landing to Lydgate Park, and (2) Nāwiliwili to Ahukini Landing.  The objectives of this Consultation Meeting are:   •Establish a common understanding of the NHPA Section 106 consultation process; •Share project information, status updates, and outcomes of studies and consultation efforts to date; and, •Gather and document any new information on the Area of Potential Effect (APE), the historic properties in the APE, and the potential effects on the historic properties. Leslie Kahihikolo, presented an overview of the meeting agenda and ground rules for meeting participation.  AHUKINI LANDING TO LYDGATE PATH PROJECT  This project is in the third step of the NHPA process.  An Archeological Monitoring Plan was done in 2005 and a no  adverse effect letter of determination was received from SHPO in 2005.    Cheryl Soon (SSFM, Project Manager) and Michael Dega (SCS, Project Archaeologist) presented the Ahukini Landing  to Lydgate path project. The presentation included an overview of the key project features, the planning process,  NHPA 106 Consultation efforts, identification and assessment of historic properties in the Area of Potential Effect,  planned mitigation measures and next steps for the project.   County of Kaua‘i Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting  Thursday, April 26, 2012  Session 1: 2:30 – 5:00  DISCUSSION  After the presentation by Cheryl Soon and Michael Dega, Leslie Kahihikolo facilitated a session with meeting  attendees focused on the Ahukini Landing to Lydgate path segment.  Q: Puanani Rogers (PR) – You mentioned habitation sites, have you found pre‐contact house sites along this  segment?  A: Michael Dega (MD) ‐ No pre‐contact house foundations were found along the path corridor. The habitation sites  we found were temporary use, such as temporary shelters used by fishermen. Further down towards Lydgate park  (not in APE) there are some potential house sites with substantial stone foundations and deep layers of cultural  material that indicate long‐term, continuous use.    Q: PR: Were there land commission awards (taro terraces)?  A:  MD: Yes.  There are some land commission awards in Hanamaulu, but mostly in the upland areas. Obviously,  taro cannot be grown in the sand.  Q: Cheryl Lovell‐Obatake (CO) ‐ On ppt page 36, the State Historic Preservation Division (SHPD) letter of  determination (letter of no effect), who signed off on it?  A: MD: Laura Thielen signed off on the letter as the SHPO. The no effect determination letter came from the SHPD  Historic Architectural Branch because only historic architectural sites are affected by the project. These include the  RR bridge and the concrete culvert.  The SHPD strongly endorsed the proposed adaptive reuse of those two  historic properties.    Q: PR – 1) Are you going to publish a final Environmental Assessment (EA)?  2) If you find anything historically  significant during construction will you let SHPD know?  A: Cheryl Soon (CS) –1) Yes, a Final EA will be published later this year.  MD –  2) If anything is found during excavation, work in the area will be stopped and the SHPD will be notified. If a  burial is found, it will be reported to the Burial Council for appropriate action.  Q: PR: What was the date of the last archeological inspection? Shouldn’t updated reports be prepared?  What if  conditions have changed since the reports were done? What if erosion has exposed artifacts since then?  A: MD – The archaeological studies were done in 2005.  The path alignment has not changed and there are no new  areas to be inspected. That’s a good comment.  C: PR: The project will affect resources by bringing more people to the area (fisherman, bicyclists, pedestrians)  using the path.  Maybe there will be some mitigation for that.   C: Rayne Regush (RR) – I’m having trouble (visually) aligning the path in relation to the historic sites.  Can you  prepare an overlay map showing the path alignment with the locations of the archaeological sites?   A: Doug Haigh (DH): There are more detailed overlay maps of the corridor that we can make available after the  meeting for you to see.   County of Kaua‘i Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting  Thursday, April 26, 2012  Session 1: 2:30 – 5:00  Q: CO – Please include the federal aid project numbers on these maps (referring to the handouts) and for each  project map.  A: DH: Will do.  Q: CO ‐ Is this the first Native Hawaiian Organization meeting for the NHPA consultation?  Did you say that you  published notice or did you just contact the people/NHOs who you knew? Is this meeting exclusively for NHOs?   A: DH – This is not the first NHO meeting. We have presented a summary of the consultation conducted for the  project and where we are continuing the consultation process.  The consultation process to date has included  NHOs and other interested parties. For this meeting, we sent invitations out to the groups we know about and  published notice of the meeting in the newspaper, the OHA bulletin, and radio broadcasts.  So we’ve gone through  the first three steps of the 106 Consultation process and we have been transparent all along. That is where we are  at.   Q: PR ‐ This is a section 106 consultation for NHOs?  Can we have the room vacated if necessary so the NHOs can  discuss the project privately?   A: This is a NHPA Section 106 consultation meeting for NHOs and other interested parties are invited.  If you want  to have a private discussion or meeting, we can make arrangements for that. Also, John Nickelson from FHWA is  here if you want to speak confidentially with him.     Q: PR ‐ How well did you contact the people who live in the project area? Who showed up? That is the outreach  we want to you do.  Ahukini is a very populated place and I know there are people missing from this meeting.   A: DH ‐ There were discussions with area residents that are documented in the cultural description in the  Draft  Environmental Assessment document.  Q: PR – Can I see what was said?  I think we should know who you consulted with and the people (that were  contacted) should be available for this meeting.  A:  The people who were contacted and who provided information on the project are in the written report  (referring to the cultural  assessment and the archaeological report).  If there are others we should contact, please  help us with names of people you think should be contacted and we’ll contact them.    PR provided the following names:  Hanamaulu:  Oana,  Durant, Matsushima, Kulau ohana, Hanamaulu Community Association Ahukini: Ray Pae (AKA Polau), Joe Polau, Peahu Rapozo, Jacob Pia, Kane C: Lynette Fernandez (LF) ‐ The map is nice with the red line showing the path alignment (referring to the Nāwiliwili  to Ahukini map). Can you do that for the Ahukini to Lydgate segment?  A: The Ahukini to Lydgate map can be revised to highlight the path alignment.   Q: Is there anyone here that represents the Wailua Golf Course community?  What were their concerns?   County of Kaua‘i Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting  Thursday, April 26, 2012  Session 1: 2:30 – 5:00  A: DH: No one from Wailua Golf Course is here today. The path runs along the parking lot area. We had extensive  meetings with the Golf Course and the project changed to address concerns. Those meetings are documented in  the DEA.  Q: CO: Did you meet with the burial council?   A: DH: Yes, we consulted with the Burial Council.  Q: RR: We went to these places, shown on ppt page 21, (historical RR bridge).  Doug, for clarification how will the  Hanamaulu railroad bridge be restored and reused?  A: DH:  No significant modifications are required to reuse the bridge at this time.  It is a concrete compression  bridge.  Based on the preliminary structural evaluation on the bridge, no structural renovation is necessary. The  bridge is in great shape.  Additional evaluation will be conducted during the design phase. The path will follow the  railroad grade with improvements.  New railings will be constructed to match the historic character of the bridge.  Q: Randy Blake (RB) of Kauai PATH:  In regards to the bridge there will be some guards (safety components etc.)  A: Yes. There will be new railings.   Q: How will runoff incorporate BMP?  A: The path is sloped to drain mauka to the vegetated area.  NĀWILIWILI TO AHUKINI LANDING PATH PROJECT  This project is in the second and third steps of the NHPA process.  Four special studies have been conducted to  identify and assess potential effects to historic properties in the project area. These include:   1.Archaeological Literature Review and Field Inspection Report for the Nāwiliwili – Ahukini Bike/Pedestrian Path Project, Nāwiliwili , Kalapakī, Hanamā‘ulu, Ahupua‘a, Līhu‘e District (Puna Moku), Island of Kaua‘i, Chris Monahan and Hal Hammatt, Cultural Surveys Hawaii, Kailua, Hawai‘i, June 2008. 2.Cultural Impact Evaluation for Nāwiliwili  – Ahukini Bike/Pedestrian Path Project, Nāwiliwili, Kalapakī, Hanamaulu Ahupua‘a, Līhu‘e District (Puna Moku), Island of Kaua‘i, Mishalla Spearing, Chris Monahan and Hal Hammatt, Cultural Surveys Hawaii, Kailua, Hawai‘i, June 2008. 3.Archaeological Inventory Survey Report for the Nāwiliwili  – Ahukini Bike Path Project, Nāwiliwili , Kalapakī, Hanamā‘ulu Ahupua‘a, Līhu‘e District, Kaua‘i Island, Kendy Altizer and Hal Hammatt, Cultural Surveys Hawaii, Kailua, Hawai‘i, September 2009, Revised April 2010. 4.Architectural Inventory Survey and National Register Eligibility Evaluation for Nāwiliwili  Stream Railroad Bridge and Niumalu Bridge, Island of Kaua‘i, Mason Architects, Inc., for R. M. Towill Corporation, Honolulu, Hawai‘i, July 2009. The SHPD and FHWA have not made an effect determination for the Nāwiliwili to Ahukini Landing segment of the  project.    Jim Niermann (RMTC, Project Manager) and Hal Hammatt (Cultural Surveys Hawaii, Project Archaeologist)  presented the Nāwiliwili to Ahukini Landing path project. The presentation included an overview of the key project  features, the planning process, NHPA 106 Consultation efforts, identification and assessment of historic properties  in the Area of Potential Effect, planned mitigation measures and next steps for the project.   County of Kaua‘i         Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting    Thursday, April 26, 2012    Session 1: 2:30 – 5:00      DISCUSSION  After the presentation by Jim Niermann and Hal Hammatt, Leslie Kahihikolo facilitated a  session with meeting  attendees to discuss both the Ahukini Landing to Lydgate path segment and the Nāwiliwili to Ahukini Landing path  segment.  Q: CO ‐ What is the federal project number for Nāwiliwili to Ahukini?  A: We will get you that number.   Q: CO ‐ Is that Bertram’shouse in Nāwiliwili (referencing the ppt)?  A: Yes.  Q: Kaliko Santos (OHA): A family member with ties to Nāwiliwili did not get contacted.  Cheryl Lovell‐Obatake was  contacted. Suggestion is to reach out to those families with ties to the project area because not all individual family  members are still in Nāwiliwili or even on Kauai.  A: Perhaps you can help us by providing a list of families to contact.  John Nickelson: We made a good faith effort  to reach out to NHOs. Everyone we consulted we asked for names of other people we should contact.  We ask that  you help us by providing names of people to contact, or ask them to contact us. Otherwise, its difficult to include  them.  C: CO – Kuleana owners were called to come to the Office of Hawaiian Affairs to file an affidavit for fishing/access  rights/native Hawaiian gathering rights along the coastline in this area.  For contacts, we suggest looking at the  public record for the Hawaiian families that filed with OHA for fishing rights.    A: noted.   Q: PR ‐ At the end of the section 106 consultation process, will we come up w/ a MOA?   A: That is often the way the 106 consultation process is concluded and SHPD has indicated that this project is  headed that direction.  Whoever wants to be involved in the preparation of the MOA will be included.  Q: RB – Secondary network routes ‐ is there a possibility of alignment routes going up Nāwiliwili Stream?  A: We looked at that alignment during preliminary planning. The landowners in the stream valley were contacted  and those that replied were 100% against that alignment. Due to landowner opposition and the difficulty and cost  of land acquisition, that alternative was eliminated.   C: CO – I signed up and am represented on the OHA list. I recommend that you check with the OHA documentation  of family rights in follow up to what Kaliko said.    A: We presented the project before the Kauai Historic Preservation Review Committee (KHPRC) in November 2009  and January 2010. They were supportive of the project, but included as a condition of their support that the  County conduct research on unrecorded leases in Nāwiliwili, and specifically directed us to research unrecorded  leases/title for Cheryl Lovell‐Obatake’s family.  No other families are specifically named by the KHPRC. The County  will look into that as part of the easement acquisition.  County of Kaua‘i         Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting    Thursday, April 26, 2012    Session 1: 2:30 – 5:00      Q:  (Pointed out the path alignment along the Nāwiliwili Beach Park seawall).  Will that whole section be used for  the path?  Its used for parking now. Where will the cars park?  A: The path improvements will be coordinated with the master planning for the beach park, including parking. The  beach park improvements are a long way away from implementation.  LR ‐ The DPR has completed a draft master  plan for the beach park. The plan is currently being reviewed, with comments due on April 20 (last week).  Discussion with families in the area was excellent with regards to planning for the park.   Q: LF ‐ Is the concrete used for the path going to be colored?  A: Where the path goes through park like settings, it will be colored (earth tone reddish brownish), but along a  road right‐of‐way it will be standard concrete white.  Q: What about the fishing access?  A: Along the Ahukini to Ninini point segment, the existing dirt fishing access road will remain as is. It is not being  improved as part of this project. The new path will be constructed with colored concrete along that segment.  Q: RB – we at Hawaii path would prefer the path to be called a “multi‐use path” and not a bike path. It is for  pedestrian use as well as bicycles. The majority of users on the completed segment are pedestrians.  A: Noted.  A: KS – Regarding consultation with the DLNR/Kauai Island Burial Council, the problem is that they currently do not  have enough members for quorum.  My suggestion is to create an alternative group of individuals/families to act  as a working group for consultation on treatment of burials and to help contact families and lineal descendants.  Don’t rely on the DLNR. They don’t have the resources. Who is going to spend the time to call 15 people when a  burial is discovered?    A: One thing we are still able to do is contact the current head of the Kauai Island burial council to let them know.  The district reps can contact the kupuna in the area.   Q: SO – looking at the proposed F‐route to Niumalu.  Has anyone communicated w/ the State DOT Harbors  Division?   A: Yes. They’re concerned with safety and liability. They requested that the path be moved to the mauka side of  the road for safety, to avoid the heavy traffic coming out of the docks. They also ask that a jersey barrier or similar  safety barrier be installed to protect the path. An unresolved issue is to how to construct the path through a  narrow segment of the road alignment where passes the steep cut in the cliff face. The options are to cut the cliff  face back, cross the road, or shift the road. That segment will require closer investigation during design.  Q: CO ‐ Has anyone communicated w/ the airports division?  A: Yes, we met with the State DOT Airports Division and with TSA. TSA has taken the position that having more  people, eyes and celphones in the area is a good thing for security.  One condition is that they have the capability  to close off the area from Ahukini to the airport perimeter road at Ninini / Kauai Lagoons in the event of an  emergency or security incident.  To accommodate that condition, we will install gates and signage at Ahukini and  on Ninini Point Street at the boundary of Kauai Lagoons.  For security purposes, the TSA also requires that the path  alignment be located as far makai as reasonably possible, away from the airport fence and runway.  County of Kaua‘i Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting  Thursday, April 26, 2012  Session 1: 2:30 – 5:00  Q: CO ‐ What about water quality and pollutant run‐off from the path?  I’m worried about impacts to the ocean  water, because I love opihi. All the impervious path surface will increase runoff. Would recommend a sump, like  they used in the old plantation days, to mitigate the runoff.    A: The concept is for the paths to follow existing land contours and be constructed at existing grades to minimize  ground disturbance. The path surface will have a cross‐slope to avoid concentrating surface runoff and to direct  runoff into the vegetated shoulders. All of the existing drainage ways will be accommodated with bridge, culvert or  pipe crossings. Now that the County has acquired the larger land area makai of the Airport for park land, drainage  improvements will be addressed as part of the park master planning that is currenyly underway. Lenny would be  the best person to talk to regarding using sumps.  Q: RR – Request clarification on the alignment for Ahukini to Ninini point. Are you saying the existing cane road will  remain the same and a new trail is being blazed?  What is the distance between the path and the dirt road? How  do you know where to align the path to match contours? What are you basing the alignment on?  A:  Correct. A new path alignment will be constructed. We are not touching the existing dirt road, except to  accommodate vehicle crossings for fishing access at five locations along the path.  It is important to clarify that the  existing road is not a cane road. It is a dirt public access road located within a public access easement. The existing  road will most likely be incorporated in the parks master plan. It may be too early in the planning process to  address at this point, but the park planning is in process.  The distance between the existing road and the path  alignment will vary. The path will be located as makai as possible. The alignment shown in the route alternatives  maps is based on aerial topography with 5‐foot contour intervals.  The alignment will accommodate a 10 to 12 ft  wide path and maintain proper slopes for ADA access. The alignment will be refined during design after the County  completes a ground topographic survey of the path alignment corridor.    Q: Wilma Holi from Hanapēpē, lineal decedent:  Did anyone do a complete title search?  I would suggest that be  done.  That is Victoria Kamamalu’s land.  A: That is a significant issue and is documented for the record.  Q: CO ‐ The comfort station at Ninini point ‐ is that a bathroom?  Who is going to police the Ahukini area? Who  takes on responsibility for maintenance and what happens on the path?  A: Yes. A bathroom is proposed at Ninini Point. It would either be septic with a leach field or an aerobic treatment  system. The site plan hasn’t been developed yet, so we don’t know exactly where a leachfield would be located.   An aerobic system could treat wastewater to R‐1 levels, suitable for landscape irrigation. The bathroom at Ahukini  is being improved as part of the Ahukini to Lydgate project.  The County DPR park rangers are responsible for the  active path and comfort station and there will be care takers.  The gates at Ahukini and the Kauai Lagoons  boundary are for emergency events only. The path would be open 24 hours.  The county takes the responsibility /  liability for maintenance and use on the path. That’s what the government does.    Q: RR – I caution you regarding pushing the path as far makai as possible. Do not abuse variances, particularly the  shoreline setback variance. The shoreline setback and conservation district designations are there for a reason.  A: Variance permits will only be used where there is a physical condition that would require the path to be routed  into the shoreline setback.  In addition, we have to get an SMA permit for the project, which will require further  County of Kaua‘i Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting  Thursday, April 26, 2012  Session 1: 2:30 – 5:00  review of potential impacts to the shoreline resources, but we need to complete the EA right now.  A certified  shoreline  survey is about to start.  DH – The County will abide by all requirements of the law.     Q: PR ‐ Where is the certified shoreline survey boundary and shoreline setback?  Conservation lands should not be  built on.   A: The shoreline setback line is based on an offset distance from a certified shoreline survey. The setback distance  is established by County ordinance.  We’ll obtain a certified shoreline survey as part of this project. The  certification is only good for one year, so we have to time it right. The certified shoreline and shoreline setback  lines will vary over time due to shoreline erosion or accretion.  We will also be going into the State Land Use  Conservation District, General Subzone. This is a separate designation from the shoreline setback. The SLU  Conservation District Boundary is a fixed line established by the State Land Use Commission.  Uses within the  Conservation District are subject to additional regulation. For this project, we’ll need to obtain a Conservation  District Use Permit from the LUC for segments of the path that pass through the Conservation District.   Q: CO ‐ Would like to see the ahupua‘a identified correctly.  From the harbor mall to Hanamaulu is the ahupua‘a of  Kalapakī, not Nāwiliwili.   A: noted.   Q: Segment B doesn’t connect to anything at the end.  A: Segment B is an existing pedestrian path developed by Kauai Lagoons as a condition of their land use  entitlements. There is an elevator at the end of Segment B that provides access down the cliff face to Kalapakī  Beach.  Segment B is being integrated into the overall coastal path system.   Q: RR ‐ I was pleased to hear the undeveloped makai lands will remain undeveloped, but what about landscaping.   Suggest you preserve existing trees and wind the path around them.   Q: No “landscaping” is proposed, the path shoulders will be planted with ground cover.  At this point, no specific  plant species (spp) have been selected. The design specifications will call for native (endemic or indigenous) plant  species as the first choice. If suitable native plants can’t be used for some reason, then non‐invasive introduced  species that can tolerate the conditions would be used.  We’ll try to preserve existing trees as much as possible  and maintain a minimum safety buffer of three feet at the edge of the path and around trees.    Q: RR ‐  Will there be a new EA document, or will the final EA be an improved version of the Draft EA?  A: Yes. The Final EA will be the same EA document revised to incorporate responses to comments received during  the Draft EA public review period and will include documentation of the federal consultations.  Community participants had no further questions or comments and the meeting discussion was concluded at  4:30 pm.  The FHWA representative, John Nickelson, offered to meet privately with any community member or Native  Hawai‘i Organization who wanted to have a confidential discussion about the project, historic properties, potential  project effects to historic properties, or other issues.  None of the participants at the meeting asked to meet  privately with the FHWA.  County of Kaua‘i Nāwiliwili  – Ahukini Landing Shared‐Use Path Project  National Historic Preservation Act, Section 106  Ahukini Landing – Lydgate Shared‐Use Path Project  Community Consultation Meeting  Thursday, April 26, 2012  Session 1: 2:30 – 5:00  WRITTEN COMMENTS  Two forms were provided at the meeting for participants to use to submit written comments to the County of  Kaua‘i and/or to the FHWA.  Comments sent to the County are to be documented in the public project record.  Comments sent to the FHWA are to be kept confidential unless the person who submits the form agrees to public  disclosure.  One written comment form addressed to the County of Kaua‘i was handed in at the 2:30 meeting by Ms. Pua Nani  Rogers and is attached for reference.  Bernard P. Carvalho, Jr. Mayor GaryK. Hen Managing Director DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Llhu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 16, 2012 Council Member KipuKai Kuali'i 4396 Rice Street, Room 201 Lihue, Hawaii 96766 Dear Mr. Kuali'i Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. A! each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 Attached are summaries of the two projects for your information. Verytrulyy~ au::;; A. RAP:f!:!va rt' Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director Lynette Fernandez P.O. Box 72 Anahola, HI 96703 Dear Lynette Fernandez, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, LThu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 12, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalfofthe County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, Q;~~!. Bernard P. Carvalho, Jr. Mayor Gary K.Heu Managing Director DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i Mr. Kunane Aipoalani Kauai Island Burial Council c/o SHPD -Kauai 601 Kamokila Blvd., Room 555 Kapolei, HI 96707 Dear Mr. Kunane Aipoalani, 4444 Rice Street, Suite 105, Libu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section I 06 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, ([a~~:!;f;to ~ Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Mr. Nathan Kalama Kauai Island Burial Council Kawaihau Regional Representative c/o SHPD -Kauai 601 Karnokila Blvd., Room 555 Kapolei, HI 96707 Dear Mr. Nathan Kalama, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section I 06 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact :rvlr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, tf/rl~ A-i~a a-· ;1?NARD A. RAPOZO JR. ~~ctor, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i Mr. Warren Perry Royal Order of Kamehameha Kaumalii Chapter Number 3 4268 Rice St. Lihue, HI 96766 Dear Mr. Warren Perry, 4444 Rice Street, Suite 105, Llhu'e, Hawai'i 96766 TEL (808) 241·4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts., and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Bernard P. Carvalho, Jr. Mayor Gary K.Heu Managing Director Ms. Kehaulani Kekua DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Director of Kauai Heritage Center KumuHula P. 0. Box 1261 Kapaa, HI 96746 Dear Ms. Kehaulani Kekua, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sess10ns will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, ONARD A. RA1:z1:r.O rJ irector, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK. Heu Managing Director Ms. Lilia Kapuniai DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Council of Native Hawaiian Advancement Native Hawaiian Economic Alliance 1050 Queen St. Honolulu, HI 96814 Dear Ms. Lilia Kapuuiai, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahuk.ini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to pmticipate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, ~A-t~av RD A. RAPOZO JR. , Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, LThu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Mr. Kealakahi William Meyers Native Hawaiian Historic Preservation Council Office of Hawaiian Affairs 711 Kapi'olani Blvd., Suite 500 Honolulu, HI 96813 Dear Mr. Kealakahi William Meyers, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, 4~~~u Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK. Heu Managing Director DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Mr. Christopher Kauwe Native Hawaiian Historic Preservation Council Office of Hawaiian Affairs 711 Kapi'olani Blvd., Suite 500 Honolulu, HI 96813 Dear Mr. Christopher Kauwe, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultnral and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, rr~~cr ~~ctor, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK.Heu Managing Director Mr. Soulee Stroud DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, LThu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Association of Hawaii Civic Clubs P. 0. Box 1135 Honolulu, HI 96807 Dear Mr. Soulee Stroud, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On _behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, r wish to mv1te you to a meetmg on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukm1-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these session~ 1s to further consultat10n with Native Hawaiian Organizations (NHO) and other interested consultmg parties under Secl!on 106 of the Nahonal Historic Preservation Act (NHPA). The two sessions are intended to make 1t easier for you to part1c1pate; both will be identical. At each session, ~hort presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator_ The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice StJ·eet Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, rfg:/ft:~A;;.~t Bernard P. Carvalho, Jr. Mayor GaryK.Heu Managing Director Mr. Jeff Chandler Cultural Practitioner 1666 Papau St. Kapaa, HI 967 46 Dear Mr. Jeff Chandler, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lrhu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, a-~~p~;:t'i5cr \dr..~~tor, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director Ms. Waldeen Palmeria Cultural Practitioner 290 Kaulana Rd. Kapaa, HI 96746 DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lrhu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Dear Ms. Waldeen Palmeria, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Alrnkini-Lydgate Park Shared Use Path (Project No. STP-0700 (5 I) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, =~A:oz::ro er· Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i Ms. Ka'iulani Edens-Huff Cultural Practitioner 310 Apana Rd. Kapaa, HI 96746 Dear Ms. Ka'iulani Edens-Huff, 4444 Rice Street, Suite 105, Libu'e, Hawai'i 96766 TEL (808) 241·4456 FAX (808) 241·5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: ' The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5 :00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. ~:::lila1To ([· ~~~~~Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director WilmaHoli Cultural Practitioner P. 0. Box368 Hanapepe, HI 96716 Dear Wilma Holi, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Libu'e. Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section I 06 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director Mr. Ramsay Taum HawaiiMaoli P.O. Box 1135 Honolulu, HI 96807 Dear Mr. Ramsay Taum, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, a~~RAP~~() Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director Mr. Arthur Hoke DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Libu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Hawaiian Civic Club of Hilo P. 0. Box 543 Hilo, HI 96721 Dear Mr. Arthur Hoke, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration ] wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: ' The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section I 06 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Li hue, Hawaii 967 66 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. ~~<) ~~::~ar~~-~ Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i Mr. Alapaki Nahale-a Hawaiian Home Lands Trust P. 0. Box 1879 Honolulu, HI 96805 Dear Mr. Alapaki Nahale-a, 4444 Rice Street, Smte 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On .behalf of the Co~nty of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to mvite you to a meetmg on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukmi-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these session~ is to forther consultation with Native Hawaiian Organizations (NHO) and other interested consultmg parties under Sect10n I 06 of the National Historic Preservation Act (NHP A). The two sessions are mtended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, (f~~z7;;[:1J Q7 Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK. Heu Managing Director Pua Nani Rogers Ho'okipa Network P. 0. Box 88 Kapaa, HI 96746 Dear Pua Nani Rogers, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, LThu'e, Hawai'1 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On .behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to mvrte you to a meetmg on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukmr-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sess10ns is to forther consultation with Nahve Hawaiian Organizations (NHO) and other interested consultmg parties under Sect10n I 06 of the National Historic Preservation Act (NHP A). The two sessions are mtended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, Apnl 19, 2012 at dhaigh@kauai.gov. Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lrhu'e, Hawai'i 96766 Lynette Haulani Fernandez Hui Kako'o Aina Ho'opulapula 767 Kailua Rd. Kailua, HI 96734 Dear Lynette Haulani Fernandez, TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, ([~~~z:to a· Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK.Heu Managing Director DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, LThu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Mr. Edward Halea!oha Ayau Hui Malama Na Kupuna 0 Hawaii Nei P. 0. Box 190 Haleiwa, HI 96711 Dear Mr. Edward Halealoha Ayau, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The pmpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, a~=na-· Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Hen Managing Director Ms. Sabra Kauka Island School 3-1875 Kaumualii Hwy. Lihue, HI 96766 Dear Ms. Sabra Kauka, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, LThu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thnrsday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (5 l) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, ad~~cr Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK. Heu Managing Director Pepe Trask Kaiola Canoe Club P. 0. Box492 Anahola, HI 96703 Dear Pepe Trask, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Drrector Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lilme, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, zr~cv:L1J7;;;7f r Gt~ctor, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK. Heu Managing Director Pomai Kane Kaiola Canoe Club P. 0.Box492 Anahola, HI 96703 Dear Pomai Kane, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3. 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Almkini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, 4f:i:Y:f::t0 v Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director Denise Ham Young Kaiola Canoe Club P. 0. Box492 Anahola, HI 96703 Dear Denise Harn Young, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL(808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (5 I) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies. the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly~ ([:::!A ~:ro <t Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK.Heu Managing Director Cash Lopez Kaiola Canoe Club P. 0. Box492 Auahola, HI 96703 Dear Cash Lopez, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 2414456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe tl1e project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, {[a~°::i1!:rrf a, Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director Ms. Taffi Wise DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, LThu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Kanu o ke Aina Learning Ohana P. 0. Box 651 I Kamuela, HI 96743 Dear Ms. Taffi Wise, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHP A). The two sessions are iutended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, a~tl~':J:O <r· Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director Mr. Reg Gage Kauai Historical Society 4 3 96 Rice St. Lihue, HI 96766 Dear Mr. Reg Gage, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL(808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration. I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (5 I) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section I 06 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 atdhaigh@kauai.gov. Very truly yours, CLd1lo2:/0<f· Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K.Heu Managing Director Jo Manea Kauai PATH P. 0. Box 81 Lihue, HI 96766 Dear Jo Manea, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e. Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On _behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to mvite you to a meetmg on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are mtended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations. please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. · Very truly yours, (J~~A:t2::r:o (j Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director H. Kanoeokalani Cheek DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lfhu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Na Ku'auhau'o Kahiwakaneikopolei P. 0. Box 5411 Kaneohe, HI 96744 Dear H. Kanoeokalani Cheek, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 atdhaigh@kauai.gov. Very truly yours, a~~~~(j Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K.Heu Managing Director Mr. Peter Chow Niumalu Canoe Club P. 0. Box444 Lihue, HI 96766 Dear Mr. Peter Chow, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Llhu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions wi11 have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, fn~JPd,±1::focr ii;fr~~:~arks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK.Heu Managing Director Mr. Gregory Meyers Niumalu Canoe Club P. 0. Box444 Lihue, HI 96766 DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lilrn'e, Hawa:i'i 96766 TEL (808) 241·4456 FAX (808) 241-5126 April 3, 2012 Dear Mr. Gregory Meyers, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, ~~:ilaz::t?J<f' Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK. Heu Managing Director DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 Mr. Karnana'opono Crabbe Offfice of Hawaiian Affairs 711 Kapi'olani Blvd., Suite 500 Honolulu, HI 96813 Dear Mr. Kamana'opono Crabbe, TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to pmticipate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, <J:f;&;::.~L!ta2::r1>cr Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK. Heu Managing Director Ms. Vivian Ainoa Papa Ola Lokahi 894 Queen St. Honolulu, HI 96813 Dear Ms. Vivian Ainoa, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, LThu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh hy Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, Clk!Jf~:{±7::fo<r Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director Mr. Laakea Suganuma DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawru.'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Royal Hawaiian Academy of Traditional Arts 835 Ahuwale St. Honolulu, HI 96821 Dear Mr. Laakea Suganuma, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, a~~et:.rtJv· Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK. Heu Managing Director DEPARTMENT OF PARKS & RECREATION County of Kaua 'i, State of Hawai 'i Mr. Kippen de Alba Chu The Friends of Iolani Palace P. 0. Box 2259 Honolulu, HI 96804 Dear Mr. Kippen de Alba Chu, 4444 Rice Street, Suite 105, Llhu'e, Hawai'i 96766 TEL (808) 241·4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section I 06 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Tirnrsday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, ~Gif}}f.i~~ u Director, Parks & Recreat10n Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director Mr. Melvin Soong The I Mua Group 422 Iliaina St. Kailua, HI 96734 Dear Mr. Melvin Soong, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section I 06 of the National Historic Preservation Act (NHP A). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impactsi and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, ~u:ip1J2::JQ 0' Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director Ms. Healani Trembath 4152 Palau Mahu St. Lihue, HI 96766 DEPARTMENT OF PARKS & RECREATION County of Kaua'i, State of Hawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Dear Ms. Healani Trembath, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: ' The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeo]ogy studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, ~~~~ti~nt Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director Cheryl Lovell-Obatake P. 0. Box 366 Lihue, HI 96766 DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lilm'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Dear Cheryl Lovell-Obatake, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On .behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to mv1te you to a meetmg on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukm1-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 P.M and one at 5:00 PM. The purpose of these sess10n~ is to f~rther consu]t~t10n with Native Hawauan Organizations (NHO) and other interested consultmg parties under Section I 06 of the National Historic Preservation Act (NHPA). The two sessions are mtended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cnltural and archaeology. studies,. the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meetmg fac1htator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, Apnl 19, 2012 at dhaigh@kauai.gov. Very truly yours, ~d±a7::!oo· Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor Gary K.Heu Managing Director Mr. Kaupena Kinimaka P.O. Box226 Lihue, HI 96766 DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Dear Mr. Kaupena Kinirnaka, Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalfofthe County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section 106 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, a~a::L122::ro a· Director, Parks & Recreation Department Bernard P. Carvalho, Jr. Mayor GaryK. Heu Managing Director John Kruse P.O. Box 628 Koloa, HI 96756 Dear John Kruse, DEPARTMENT OF PARKS & RECREATION County ofKaua'i, State ofHawai'i 4444 Rice Street, Suite 105, Lihu'e, Hawai'i 96766 TEL (808) 241-4456 FAX (808) 241-5126 April 3, 2012 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director On behalf of the County of Kauai, the State of Hawaii and the Federal Hawaii Administration, I wish to invite you to a meeting on Thursday April 26, 2012 to discuss two projects: The Nawiliwili-Ahukini Shared Use Path (Project No. CMAQ-0700 (57) The Ahukini-Lydgate Park Shared Use Path (Project No. STP-0700 (51) There will be two sessions on that date, one at 2:30 PM and one at 5:00 PM. The purpose of these sessions is to further consultation with Native Hawaiian Organizations (NHO) and other interested consulting parties under Section l 06 of the National Historic Preservation Act (NHPA). The two sessions are intended to make it easier for you to participate; both will be identical. At each session, short presentations will be made to describe the project, findings of the cultural and archaeology studies, the potential adverse impacts, and mitigations for adverse impacts. Sessions will have a meeting facilitator. The meetings will be held at: Lihue Civic Center, Piikoi Rooms A & B 4444 Rice Street Lihue, Hawaii 96766 If you need" special accessibility or communication accommodations, please contact Mr. Doug Haigh by Thursday, April 19, 2012 at dhaigh@kauai.gov. Very truly yours, ~~~r. NEIL ABERCROMBIE GOVERNOR TO: FROM: SUBJECT: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 THE HONORABLE RICHARD PEZZULO INTERIM CHIEF EXECUTIVE OFFICER OFFICE OF HAWAIIAN AFFAIRS GLENN M. OKIMOTO DIRECTOR OeputyD.no:clors JADE T. BUTAY FORD N FUCHIGAMI RANDY GRUNE JAOINE URASAKI IN REPLY REFER TO· HWY-DD2.1229 GLENN M. OKIMOTO, Ph.D. fh / . /A ,A (___ DIRECTOROFTRANSPORTATION / ;~v~u1~ SECTION 106, NATIONAL HISTORIC PRESERVATION ACT CONSULTATION, AHUK!Nl-LYDGATE PARK BIKE/PEDESTRIAN PATH FEDERAL-AID PROJECT NO. STP-0700(51) We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic prope1iies within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park A description of the project is attached. The project is being funded thrnugh the State of Hawaii Department ofTranspmiation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section I 06 of the National Historic Preservation Act (NHP A) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the connnunity to invite cmmnents on the potential effect to historic prope1iies that could result from the project You a.re receiving th.is letter because you have been identified as a cmTent or potential consulting paiiy in the NHP A Section I 06 consultation process for th.is project. In accordance with 36 CPR Part 800, Section 800.2, we invite you to fo1111ally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fonnally participating as a Consulting Party. A sunnnary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attaclunent along with a detailed description of the historic prope1iies identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting paiiies, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and govermnent agencies, the County of Kauai and the HDOT have preliminarily detennined that no historic prope1iies will be adversely affected by the project. Mr. Richard Pezzulo Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project infonnation and contact us to paiiicipate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not alreadybeen identified and/or potential effects to historic properties that could result from the planned shai-ed-use path. We would also appreciate any conunents you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiiai1 Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting paiiies to discuss the project and provide an opportunity to share inf01111ation about historic prope1iies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting arrai1gements and will send out additional information on the meeting agenda, schedule, and location. If you would like to paiiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the planned meeting, please contact Dong Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments cai1 be sent to: Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.co111 We ask that you provide comments within 30 days from the date of this letter. Enclosure c: County of Kauai (D. Haigh)-all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR O 9 2012 Mr. Kunane Aipoalani, Chairperson Kauai Island Burial Council c/o State Historic Preservation-Kauai 5532 Tapa Street Koloa, Hawaii 96756 Dear Mr. Aipoalani: Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/PedestJian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMJ RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Depa11ment of Public Works plans to develop a coastal, shared-use bike/pedcstlian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being fimded through the State of Hawaii Department ofTranspo11ation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds higgers a requirement under Section 106 of the National Historic Preservation Act (NI-IPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the connnunity to invite c01m11ents on the potential effect to historic prope11ies that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting party in the NI-IPA Section 106 consultation process for this project. In accordance with 36 CFR Pm1 800, Section 800.2, we invite you to fomrnlly participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fom1ally participating as a.Consulting Party. A smmnary of the NI-IP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the histolic prope11ies identified within the project's Area ofpotential Effect (APE). Based on input received from participating consulting parties, including the State Hist01ic Preservation Division (SHPD), the Office of Hawaiian Affairs (OBA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Conunission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminarily dete1mined that no historic prope11ies will be adverse! y affected by the project. Mr. Aipoalani Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project information IDd contact us to participate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identilied and/or potential effects to historic properties that could result from the planned shared-use path. We would also appreciate IDY connnents you may have regarding the project in general, proposed mitigation measures, and oppo11unities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with cun·ent and potential consulting parties to discuss the project and provide an opportunity to shm·e infonnation about historic prope11ies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting arrangements and will send out additional inf01mation on the meeting agenda, schedule, and location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project infomrntion, or if you would like to discuss the project or the pla1111ed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Wlitten comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfin.com We ask that you provide comments within 30 days from the date of this letter. Very tmly yours, ~~L- GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (l Nickelson) NEIL ABERCROMBIE GOVERNOR TO: ATTN: FROM: SUBJECT: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 THE HONORABLE RICHARD PEZZULO INTERIM CHIEF EXECUTNE OFFICER OFFICE OF HAWAIIAN AFFAIRS MR. J. KEEAUMOKU KAPU, CHAIRPERSON NATNE HAWAIIAN HISTORIC PRESERVATION COUNCIL GLENN M. OKIMOTO DIRECTOR DepulyD1reclors JADET BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD 2.1229 GLENN M. OKIMOTO, Ph.D. f')1_ A ./1,-,~_//f ,r,) DIRECTOR OF TRANSPORTATION I , --~ vr-.__ u~L..- SECTION 106, NATIONAL HISTORIC PRESERVATION ACT CONSULTATION, AHUKJNI-LYDGATE PARK BIKE/PEDESTRIAN PATH FEDERAL-AID PROJECT NO. STP-0700(51) We are writing to you to provide an npdate on the subject project and to invite your pmiicipation in ongoing consnltation concerning historic properties within the project area. The County of Kauai, Depmiment of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Depa1iment ofTranspo1iation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic prope1iies that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting party in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR Part 800, Section 800.2, we invite you to fonnally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fmmally participating as a Consulting Party. A summary of the NH? A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the histmic properties identified within the project's Area of Potential Effect (APE). Based on input received from pmiicipating consulting patiies, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminarily detennineu that no historic properties will be adversely affected by the project. Mr. J. Keeaurnoku Kapu Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project information and contact us to patiicipate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the plarn1ed shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plm1s. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with cunent and potential consulting parties to discuss the project and provide an opportunity to share info1mation about historic properties and potential project effects within the project's APE. The Connty of Kauai will coordinate the meeting anangements and will send out additional infonnation on the meeting agenda, schedule, and location. If you would like to patiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the plmmed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at 808- 241-4849, or contact their plaiming consultant, Cheryl Soon, SSFM International at 808-356- 1268. Written comments can be sent to: Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide comments within 30 days from the date of this letter. Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Mr. Alapaki Nahale-a, Chainnan Hawaiian Homes Commission P.O. Box 1879 Honolulu, Hawaii 96805 Dear Mr. Nahale-a: Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD 2.1229 We are writing to you to provide an npdate on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department ofPnblic Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Depa.ttment of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Histmic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite cmmnents on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting pa.tiy in the NHPA Section 106 consultation process for this project. In accordance with 36 CFR Pait 800, Section 800.2, we invite you to fmmally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without formally pa.tiicipating as a Consulting Party. A smmnmy of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attaclunent along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from paiticipating consulting pa.tiies, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Conunission (KHPRC), and other individuals and gove1mnent agencies, the County of Kauai and the HDOT have preliminarily detennined that no historic prope1ties will be adversely affected by the project. Mr. Alapaki Nahale-a Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project infom1ation a.t1d contact us to pmiicipate in the on-going consultation effort. We ask your kokua to help identify any historic prope1ties that have not already been identified and/or potential effects to historic properties that could result from the planned shared-use path. We would also appreciate m1y comments you may have regm·ding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. Ifthere me other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us !mow. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current m1d potential consulting patties to discuss the project and provide an opportunity to share infmmation about hist01ic prope1ties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting arrangements and will send out additional info1mation on the meeting agenda, schedule, and location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would like to discuss the project or the pla.tmed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plamling consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfo1.com We ask that you provide conunents within 30 days from the date oftllis letter. Very truly yours, ~~~ GLENN M. OKJMOTO, PhD. Director of Transportation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 Z012 Ms. Leimomi Khan, President Association of Hawaii Civic Clubs P.O. Box 1135 Honolulu, Hawaii 96807 Dear Ms. Khan: Subject: Section 106, National Historic Preservation Act Consultation Almkini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M OKIMOTO DIRECTOR DeputyD1rectars JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your patiicipation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Depatiment of Pnblic Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the connnunity to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a cmTent or potential consulting pmiy in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR Pati 800, Section 800.2, we invite you to fonnally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without formally participating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attaclunent along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from paiiicipating consulting parties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review C01m11ission (KHPRC), m1d other individuals and govenm1ent agencies, the County of Kauai and the HDOT have preliminatily detennined that no histo1ic properties will be adversely affected by the project. Ms. Leimomi Khan Page2 APR 0 9 Z0\2 HWY-DD 2.1229 We invite you to review the project infomrntion m1d contact us to patiicipate in the on-going consultation effmi. We ask your kokua to help identify any historic prope1iies that have not already been identified m1C!lor potential effects to historic properties that could result from the platmed shared-use path. We would also appreciate any conunents you may have regarding the project in general, proposed mitigation measures, and opp01tunities for education and interpretation in the project plans. Ifthere are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plat1 to hold a public meeting with current and potential consulting parties to discuss the project and provide an opportunity to share information about historic properties m1d potential project effects within the project's APE. The County of Kauai will coordinate the meeting ainngements and will send out additional infonnation on the meeting agenda, schedule, and location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the platmed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their platming consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written cormnents can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon\alssfo1.com We ask that you provide comments within 30 days from the date of this letter. Very trnly yours, fl~u~i GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Ms. Cheryl Lovell-Obatake P.O. Box 366 Lihue, Hawaii 96766 Dear Ms. Lovell-Obatake: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Abukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE IN REPLY REFER TO. HWY-DD2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning hist01ic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHW A). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHP A) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. Yon are receiving this letter because you have been identified as a cunent or potential consulting pruiy in the NHPA Section 106 consultation process for this project. In accordance with 36 CFR Prui 800, Section 800.2, we invite you to forn1ally pruiicipate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide cmmnents as a member of the public without fo1mally pruiicipating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from pruiicipating consulting parties, including the State Historic Preservation Division (SI-IPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiiru1 Hist01ic Preservation Council (NHHPC), the Kauai Historic Preservation Review Cmmnission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminru·ily detem1ined that no historic prope1iies will be adversely affected by the project. Ms. Lovell-Obatal<e Page 2 APR O 9 2012 HWY-DD 2.1229 We invite you to review the project infornlation and contact us to pruiicipate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identified ru1d/or potential effects to historic prope1iies that could result from the planned shared-use path. We would also appreciate ru1y connnents you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you reconnnend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plru1 to hold a public meeting with cunent and potential consulting pmiies to discuss the project and provide an opportimity to share infom1ation about historic properties ru1d potential project effects within the project's APE. The County of Kauai will coordinate the meeting anangements and will send out additional information on the meeting agenda, schedule, and location. If you would like to pmiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, )J~tf~C GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Ms. Healani Trembath 4152 Palaumahu Street Lihue, Hawaii 96766 Dear Ms. Trembath: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO Deputy Directors JADE T. BUTAY FORD N FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedesl!ian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded t!n·ough the State of Hawaii Department of Transportation (HDOT) using fonds from the Federal Highways AdrninistJ·ation (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHP A) for consultation with Native Hawaiian Organizations (NI-IO) and other interested members of the commnnity to invite comments on the potential effect to histoiic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting pai.iy in the NI-IPA Section 106 consultation process for this project. In accordance with 36 CFR Par1 800, Section 800.2, we invite yon to fonnally paiiicipate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fonnally pai.1icipating as a Consulting Party. A summary of the NI-IPA Section 106 Consultation work that has been conducted for this project to date is included in the attaclnnent along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from paiiicipating consulting par-ties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OBA), the Native Hawaiiai.1 Historic Preservation Council (NHHPC), the Kauai Histmic Preservation Review Commission (KI-IPRC), and other individuals and government agencies, the County of Kauai ai.1d the HDOT have preliminarily detern1ined that no historic properties will be adversely affected by the project. Ms. Healani Trembath Page 2 APR O 9 2012 HWY-DD 2.1229 We invite you to review the project information and contact us to pariicipate in the on-going consultatron effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the planned shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting pai.iies to discuss the project and provide an oppmtunity to share infonnation about historic proper-ties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting arrangements and will send out additional information on the meeting agenda, schedule, and location. If you would like to par1icipate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the plai.med meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultai.1t, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon(cilssfo1.corn We ask that you provide comments within 30 days from the date of this letter. Very tmly yours, ~o~L GLENN M. OKIMOTO, Ph.D. Director of Trai1sp01iation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE Mr. Kaupena Kinimaka P.O. Box 226 Lihue, Hawaii 96766 Dear Mr. Kinimaka: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are w1iting to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to hist01ic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting party in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR Part 800, Section 800.2, we invite you to forn1ally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide conn11ents as a member of the pnblic without formally participating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the hist01ic properties identified within the project's Area of Potential Effect (APE). Based on input received from paiiicipating consulting pai-ties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), ai1d other individuals and govennnent agencies, the County of Kauai ai1d the HDOT have preliminai-ily determined that no historic prope1iies will be adversely affected by the project. Mr. Kaupena Kinimaka Page2 APR O 9 ZOIZ HWY-DD 2.1229 We invite you to review the project information ai1d contact us to participate in the on-going consultation effmi. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to hist01ic properties that could result from the planned shared-use path. We would also appreciate any comments you may have regai-ding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us !mow. The Cmmty of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting parties to discuss the project and provide an opportunity to share infon11ation about historic properties and potential project effects within the project's APE. The Com1ty of Kauai will coordinate the meeting arrai1gements and will send out additional infon11ation on the meeting agenda, schedule, and location. If you would like to participate in the consultation process, please do not hesitate to contact us_ If you would like additional project info1111ation, or if you would like to discuss the project or the plam1ed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plam1ing consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written cormnents can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide comments within 30 days from the date of this letter. Very truly yams, ~~(___ GLENN M. OKilvfOTO, Ph.D. Director of Transpo1iation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Edward Halealoha Ayau STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Hui Malama 0 Na Kupuna 0 Hawaii Nei 622 W ainaku A venue Hilo, Hawaii 96720 Dear Mr. Ayau: Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park BikefPedest1ian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR DsputyDireclors JADE T. BUTAY FORD N. FUCHIGAMI P.ANDYGRUNE JADINE URASAKI IN REPLY REFER TO" HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedesttian path between Ahukini Landing and Lydgate Park. A desc1iption of the project is attached, The project is being funded through the State of Hawaii Departtnent of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement nuder Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project You are receiving this letter because you have been identified as a current or potential consulting party in the NHPA Section 106 consultation process for this project In accordance with 36 CFR Part 800, Section 800.2, we invite you to formally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party_ You may also provide comments as a member of the public without fo1111ally pmiicipating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting patiies, including the State Historic Preservation Division (SHPD), the Office ofHawaiim1 Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), m1d other individuals m1d government agencies, the County of Kauai and the HDOT have preliminm-ily detem1ined that no historic prope1iies will be adversely affected by the project. Mr_ Edward Ayau Page 2 APR 0 9 20\Z HWY-DD 2.1229 We invite you to review the project infonnation and contact us to participate in the on-going consultation effo1t We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic prope1iies that could result from the plauued shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. Ifthere m-e other Native Hawaiian Orgm1izations, individuals or groups you recommend we speak with, please let us know, The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting parties to discuss the project and provide an opportunity to share infonnation about historic prope1iies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting atTat1gements and will send out additional information on the meeting agenda, schedule, and location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project info1mation, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultm1t, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide comments within 30 days from the date of this letter_ Very trnly yours, /J~v~ GLENN M. OKIMOTO, Ph.D. Director ofTrm1sp01iation Enclosure c: County of Kauai (D_ Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Ms. Kehaulani Kekua, Director Kauai Heritage Center/Kumu Hula P.O. Box 1261 Kapaa, Hawaii 96746 Dear Ms. Kekua: Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR OeputyD1rectors JADE T BUTAY FORD N. FUCHIGAMI MNDYGRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning histo1ic properties within the project area. The County of Kauai, Depmtment of Public Works plm1s to develop a coastal, shared-use bike/pedestrim1 path between Ahukini Landing and Lydgate Park. A desc1iption of the project is attached. The project is being funded through the State of Hawaii Department ofTransp01tation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Orgm1izations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting party in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR Part 800, Section 800.2, we invite you to formally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as m1 Additional Consulting Party. You may also provide comments as a member of the public without f01mally pmiicipating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic prope1iies identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting paiiies, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminarily detennined that no historic properties will be adversely affected by the project. Ms. Kehaulani Kekua Page 2 MR 0 9 2012 HWY-DD 2.1229 We invite you to review the project infom1ation and contact us to participate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the pla1111ed shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, m1d the FHWA plan to hold a public meeting with cmTent and potential consulting parties to discuss the project and provide an opportunity to shm·e infonnation about hist01ic prope1iies m1d potential project effects within the project's APE. The County of Kauai will coordinate the meeting an·angements and will send out additional infonnation on the meeting agenda, schedule, and location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plam1ing consultant, Cheryl Soon, SSFM International at (808) 356-1268. Wiitten comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that yon provide connnents within 30 days from the date of this letter. Very truly yours, /~~ GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh)-all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 Mr. Nathan Kalama, Representative Kauai Island Burial Council Kawaihau Regional c/o State Historic Preservation, Kauai 5532 Tapa Street Koloa, Hawaii 96756 Dear Mr. Kalama: APR O 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO Deputy Directors JADE T. BUTAY RANDY GRUNE JADINE URASAKI IN REPLY REFER To· HWY-DD2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning bistoric properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attacbed. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHW A). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to histmic properties that could result from the project. You are receiving this letter because you have been identified as a cun-ent or potential consulting pmty in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR Part 800, Section 800.2, we invite you to formally paiticipate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party You may also provide conunents as a member of the public witl1out fonnally participating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attaclrment along with a detailed description of the historic prope1ties identified within tl1e project's Area of Potential Effect (APE). Based on input received from pa1ticipating consulting parties, including the State Histmic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Histmic Preservation Review Commission (KHPRC), and other individuals m1d government agencies, the County of Kauai and the HDOT have preliminarily detennined tliat no historic prope1ties will be adversely affected by the project. Mr. Nathan Kalama Page 2 APR O 9 2012 HWY-DD 2.1229 We invite you to review the project information and contact us to participate in the on-going consultation effort. We ask your kokua to help identify m1y historic prope1ties that have not already been identified and/or potential effects to historic prope1ties that could result from the planned shm·ed-use path. We would also appreciate any collllllents you may have regarding tl1e project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with cunent and potential consulting patties to discuss the project and provide an opportunity to share information about histo1ic properties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting ainngements and will send out additional infonnation on the meeting agenda, schedule, m1d location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or tl1e plmmed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact tlieirplaiming consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssful.com We ask that you provide comments within 30 days from the date of this letter. Very trnly yours, GLENN M. OKlMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh) -all letters FHWA (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Wan-en Peny Royal Order of Kamehameha Kaumalii Chapter 4268 Rice Street, #3 Lihue, Hawaii 96766-1318 Dear Mr. Pe1Ty: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Hist01ic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DeputyD•rectors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A desc1iption of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHW A). Use of FHWA funds triggers a requirement under Section 106 of the National Hist01ic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to hist01ic properties that could result from the project. You are receiving this letter because you have been identified as a cunent or potential consulting party in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR Part 800, Section 800.2, we invite you to fo1mally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without formally participating as a Consulting Party. A sununary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic prope11ies identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting pa1iies, including the State Histo1ic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminaiily determined that no historic prope1iies will be adversely affected by the project. Mr. Warren Peny Page 2 APR O 9 2.012 HWY-DD2.1229 We invite you to review the project information and contact us to participate in the on-going consultation effort. We ask your kokua to help identify ai1y historic properties that have not already been identified and/or potential effects to historic prope1iies that could result from the planned shared-use path. We would also appreciate any conunents you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with cunent and potential consulting pm-ties to discuss the project and provide an opportunity to share infonnation about historic prope1iies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting anangements and will send out additional info1mation on the meeting agenda, schedule, and location. If you would like to paiiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would like to discuss the project or the plamrnd meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.co111 We ask that you provide comments within 30 days from the date of this letter. Very truly yours, ~~ GLENN M. OKIMOTO, Ph.D. Director of Transpmiation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Ms. Nani Rogers Hookipa Network Member Kapaa Resident P.O. Box 88 Kapaa, Hawaii 96746 Dear Ms. Rogers: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M OKIMOTO DepulyD1rectors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD2.1229 We are writing to you to provide an update on the subject project and to invite your pmiicipation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Depmiment of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Almkini Landing and Lydgate Pm'k. A description of the project is attached. The project is being funded through the State of Hawaii Depaiiment of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement nnder Section 106 of the National Historic Preservation Act (NHP A) for consultation with Native Hawaiian Orgm1izations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a cull'ent or potential consulting party in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR Pm1 800, Section 800.2, we invite you to fomrnlly pmiicipate in the consultation process as a Consulting Party) either as a ~Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fonnally participating as a Consulting Party. A summai-y of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from pmiicipating consulting pm1ies, inclnding the State Hist01ic Preservation Division (SHPD), the Office ofHawaiim1 Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Histmic Preservation Review Commission (KHPRC), and other individuals m1d government agencies, the County of Kauai and the HDOT have preliminarily determined that no historic properties will be adversely affected by the project. Ms. Na11i Rogers Page2 APR O 9 2012 HWY-DD 2.1229 We invite you to review the project information and contact ns to pmiicipate in the on-going consultation effort. We ask your kokua to help identify any hist01ic properties that have not already been identified and/or potential effects to historic prope1iies that could result from the plarmed shared-use path. We would also appreciate any comments yon may have regarding the project in general, proposed mitigation measnres, and opportunities for education and interpretation in the project plans. If there ai·e other Native Hawaiian Organizations, individuals or groups yon recommend we speal< with, please let ns know. The County of Kauai, HDOT, m1d the FHW A plan to hold a public meeting with cull'ent m1d potential consulting paiiies to discnss the project and provide m1 opportunity to share information about histmic properties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting all'angements and will send out additional infom1ation on the meeting agenda, schedule, and location. lf you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM h1temational 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide comments within 30 days from the date of this letter. Very tmly yonrs, ~~~ GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE Ms. Lynette Haulani Fernandez Kauai Director Hui Kakoo Aina Hoopulapula 767 Kailua Road Kailua, Hawaii 96734 Dear Ms. Fernandez: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Snbject: Section 106, National Historic Preservation Act Consultation Ahnkini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO Deputy Directors JADET BUTAY RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedest1ian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HOOT) using fnnds from the Federal Highways Administration (FHW A). Use ofFHW A fnnds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to histmic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting party in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR Part 800, Section 800.2, we invite yon to fonnally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without formally participating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting pmiies, inclnding the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiim1 Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the HOOT have prelimina1ily determined that no historic prope1iies will be adversely affected by the project. Ms. Lynette Fen1andez Page 2 APR 0 9 Z01Z HWY-DD2.1229 We invite you to review the project infmmation and contact us to participate in the on-going consultation effmi. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the plam1ed shared-use path. We would also appreciate any comments you may have regm·ding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there m·e other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HOOT, and the FHWA plan to hold a public meeting with current and potential consulting parties to discuss the project and provide an opportunity to share information about historic prope1iies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting arrangements and will send out additional infonnation on the meeting agenda, schedule, and location. Jfyou would like to pmiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would. like to discuss the project or the plam1ed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments cm1 be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide comments within 30 days from the date of this letter. Very tntly yours, }JLvvv0~~ GLENN M. OKIMOTO, Ph.D. Director of Trm1sp01iation Enclosure c: County of Kauai (D. Haigh) -all letters FHWA (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Henry Gomes Hawaii Maoli P.O. Box 1135 Honolulu, Hawaii 96807 Dear Mr. Gomes: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Hist01ic Preservation Act Consultation AJmkini-Lydgate Park Bike/Pedestiian Path Federal-Aid Project No. STP-0700(51) GLENN M OKIMOTO DIRECTOR OeputyD1rec!ors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic prope1iies within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use . . bike/pedestrian path between Ahukini Landing and Lydgate Park. A descnptlon of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHP A) for consultation with Native Hawaiian Organizations (NHO) m1d other mterested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting party in the NHP A Section 106 consultation process for this project. In accordm1ce with 36 CFR Pmi 800, Section 800.2, we invite you to fomBlly participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fonnally paiiicipating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from pa1iicipating consulting parties, including the State Hist01ic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC): and other ind_ividuals and govenm1ent agencies, the County of Kauai and the HDOT have prelnmnanly detenmned that no historic properties will be adversely affected by the project. Mr. Henry Gomes Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project information and contact us to participate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the planned shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. Ifthere are other Native Hawaiian Organizations, individuals or gronps you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting parties to discuss the project and provide an oppo1iunity to share information about historic properties and potential project effects within the project's APE. The County of Kanai will coordinate the meeting arrangements and will send out additional infonnation on the meeting agenda, schedule, ai1d location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the plmmed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consnltant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM foternational 501 Sunmer Street, Suite 620 Honolulu, Hawaii 96817 csoon(cilssfm.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, ~cl~ GLENN M. OKIMOTO, Ph.D. Director ofTrai1spo1iation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Laakea Suganuma STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR O 9 2012 Royal Hawaiian Academy of Traditional A.tis 835 Ahuwale Street Honolulu, Hawaii 96821 Dear Mr. Suganuma: Subject: Section 106, National Histo1ic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestdan Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR OeputyD1reclors JADE T. BUTAY FORD N. FUCHIGAMI PANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide 311 update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project 31·ea. The County of Kauai, Department of Public Works pl311s to develop a coastal, shared-use bike/pedestd311 path between Almkini L311ding 311d Lydgate p31·k. A description of the project is attached. The project is being funded through the State of Hawaii Dep31iment ofTr311sportation (HDOT) using funds from the Federal Highways Administration (FHW A). Use ofFHW A funds tdggers a requirement under Section 106 of the National Histodc Preservation Act (NHPA) for consultation with Native Hawaii311 Organizations (NHO) 311d other interested members of the community to invite comments on the potential effect to histodc properties that could result from the project. You are receiving this letter because you have been identified as a cunent or potential consulting party in the NBP A Section 106 consultation process for this project. In accordance with 36 CPR Part 800, Section 800.2, we invite you to fomrnlly participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as 311 Additional Consulting Party. You may also provide comments as a member of the public without fmmally participating as a Consulting Party. A summary of the NBP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting paiiies, including the State Hist01ic Preservation Division (SHPD), the Office ofHawaii311 Affairs (OHA), the Native Hawaiian Histo1ic Preservation Council (NHHPC), the Kauai Histmic Preservation Review Connnission (KHPRC), and other individnals 311d govenmrnnt agencies, the County of Kauai 311d the HDOT have preliminadly detem1ined that no histodc prope1iies will be adversely affected by the project. Mr. Laakea Suganuma Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project information 311d contact ns to participate in the on-going consnltation effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to histodc properties that could result from the p131111ed shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. Ifthere are other Native Hawaii311 Org311izations, individuals or groups you recon1111end we speak with, please let us know. The County of Kauai, HDOT, and the FHW A plan to hold a public meeting with cnrrent and potential consulting parties to discuss the project 311d provide an oppo1iunity to sh31·e info1mation about histodc properties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting ai.Tai.1gements and will send out additional infmmation on the meeting agenda, schedule, 311d location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project info1mation, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Wdtten comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sunmer Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfin.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, ~j~ GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE Ms. H. Kanoeokalani Cheek STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Na Kuauhau o Kahiwakaneikopolei P.O. Box 5411 Kaneohe, Hawaii 96744 Dear Ms. H. Kanoeokalani Cheek: Subject: Section 106, National Historic Preservation Act Consultation Ahukiui-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD I~ FUCHIGAMI RANDY GRUN.E JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your pa.i1icipation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Depa.i1ment of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Depai1ment of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a cunent or potential consulting party in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR Pa.it 800, Section 800.2, we invite you to formally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without formally pai1icipating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the histmic properties identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting parties, including the State Histmic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Co1mnission (KHPRC), and other individuals ai1d govennnent agencies, the County of Kauai and the HDOT have preliminarily dete1mined that no historic properties will be adversely affected by the project. Ms. H. Kanoeokalani Cheek Page 2 APR O 9 2012 HWY-DD 2.1229 We invite you to review the project information and contact us to participate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the pla.imed shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education a.i1d interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting parties to discuss the project and provide ai1 oppo1tunity to sha.i·e information about historic prope1iies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting anangements and will send out additional infomrntion on the meeting agenda, schedule, and location. If you would like to paiticipate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plam1ing consultai1t, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sunmer Street, Suite 620 Honolulu, Hawaii 96817 csoon(@,ssfn1.con1 We ask that you provide comments within 30 days from the date of this letter. Very trnly yours, ~J~t- GLENN M. OKIMOTO, Ph.D. Director of Trai1sportation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Kippen de Alba Chu The friends ofiolani Palace P.O. Box 2259 Honolulu, Hawaii 96804 Dear Mr. Chu: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JAOINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within U1e project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached_ The project is being funded tlu-ough the State of Hawaii Depm1ment of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) m1d other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving U1is letter because you have been identified as a current or potential consulting party in the NHPA Section 106 consultation process for this project. In accordance with 36 CFR Pa11 800, Section 800-2, we invite you to fmmally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without formally participating as a Consulting Party. A summary of the Nl-IP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed desc1iption of the histmic properties identified within the project's Area of Potential Effect (APE). Based on input received from pm1icipating consulting pai1ies, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiim1 Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Con1111ission (KHPRC), and otlJer individuals and gove1mnent agencies, the County of Kauai and the HDOT have preliminarily detennined that no historic prope11ies will be adversely affected by the project. Mr. Kippen de Alba Chu Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project infonnation and contact us to participate in the on-going consultat10n effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to histolic properties that could result from the planned shared-use path. We would also appreciate any con1111ents you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. Ifthere are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHW A plan to hold a public meeting with current and potential consulting parties to discuss the project and provide an opportunity to share infonnation about historic properties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting arrangements and will send out additional infonnation on the meeting agenda, schedule, and location. If you would like to pm1icipate in the consultation process, please do not hesitate to contact us. If you would like additional project infomrntion, or if you would like to discuss the project or the plam1Cd meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM Intemational at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Snmner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, ~~/- GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Arthur Hoke Hawaiian Civic Club of Hilo P.O. Box 543 Hilo, Hawaii 96721 Dear Mr. Hoke: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahnkini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR OepulyOirectors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE IN REPLY REFER TO: HWY-DD2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Depai1ment of Public Works plans to develop a coastal, shared-use bike/pedest1ian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiiai1 Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a cmTent or potential consulting party in the NHPA Section 106 consultation process for this project. In accordai1ce with 36 CFR Part 800, Section 800.2, we invite you to fornrnlly pm1icipate in the consultation pl'ocess as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fonnally participating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting parties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiiai1 Historic Preservation Colll1cil (NHHPC), the Kauai Hist01ic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminarily dete1mined that no histo1ic properties will be adversely affected by the project. Mr.Hoke Page 2 APR O 9 Z01Z HWY-DD 2.1229 We invite you to review the project infonnation and contact us to participate in the on-going consnltation eff011. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the plmmed shared-use path. We would also appreciate any comments you may have regai-ding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting parties to discuss the project and provide an opp01iunity to share information about historic properties and potential project effects within 1l1e project's APE. The Colil1ty of Kauai will coordinate the meeting arrangements and will send out additional infonnation on the meeting agenda, schedule, and location. If you would like to pm1icipate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would like to discuss the project or the pla1111ed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plan11ing consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, GLENN M. OKIMOTO, Ph.D_ Director of Transportation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Ms. Vivian Ainoa Papa Ola Lokahi 894 Queen Street Honolulu, Hawaii 96813 Dear Ms. Ainoa: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 ZOIZ Subject: Section 106, National Histolic Preservation Act Consnltation Almkini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD 2.1229 We are w1iting to yon to provide an update on the snbject project and to invite your pmiicipation in ongoing consultation concerning histolic properties within the project area. The County of Kauai, Depa11ment of Public Works plans to develop a coastal, shm·ed-use bike/pedest1im1 path between Ahukini Lm1ding and Lydgate Park. A descliption of the project is attached. The project is being funded through the State of Hawaii Depaiiment ofTranspol1ation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds !Jiggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to histoiic prope1iies that could result from the project. You m·e receiving this letter because you have been identified as a current or potential consulting pal1y in the NHPA Section 106 consultation process for this project. In accordance with 36 CFR Part 800, Section 800.2, we invite you lo formally paiiicipate in theeonsultation proc-ess as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fonnally pa11icipating as a Consulting Party. A summaiy of the NHP A Section 106 Consultation work that has been conducted for this project to date is included in the attaclmrnnt along with a detailed desciiption of the histoiic propel1ies identified within the project's Area of Potential Effect (APE). Based on input received from pm1icipating consulting pa11ies, including the State Histoiic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai ai1d the HDOT have preliminaiily determined that no histoiic prope1iies will be adversely affected by the project. Ms. Vivian Ainoa Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project infmmation and contact us to pai1icipate in the on-going consultation effo11. We ask your kokua to help identify any histolic properties that have not already been identified and/or potential effects to historic propel1ies that could result from the planned shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and oppol1unities for education and interpretation in the project plai1s. If there m·e other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting paiiies to discuss the project and provide ai1 oppmiunity to shm·e information about historic prope11ies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting mTm1gements and will send out additional infomrntion on the meeting agenda, schedule, and location. If you would like to pmiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the plaimed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written connnents can be sent to: Ms. Cheryl Soon SSFM International 501 Sul1lller Street, Suite 620 Honolulu, Hawaii 9681 7 csoon@Dssfm.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, /?~~!-- GLENN M. OKIMOTO, Ph.D. -Director ofTranspo11ation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Ms. Taffi Wise Kanu oke Aina Leaming Ohana P.O. Box 6511 Kamulea, Hawaii 96743 Dear Ms. Wise: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedest1ian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR DeputyDireclors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE IN REPLY REFER TO: HWY-DD 2. 1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of1l1e project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement 1mder Section 1 06 of the National Histo1ic Preservation Act (NHP A) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a cun-ent or potential consulting pmiy in the NHPA Section 106 consultation process for this project. h1 accordm1ce with 36 CFR Part-800, Section 800.2, we inviteyou ro-forrnally patiicipatefo the-consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without formally pmiicipating as a Consulting Party. A summary of the NHP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from pmiicipating consulting paiiies, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Connnission (KHPRC), and other individuals m1d govenuuent agencies, the County of Kauai and the HDOT have preliminmily determined that no histotic properties will be adversely affected by the project. Ms. Taffi Wise HWY-DD 2.1229 pt~~2o 9 2012 We invite you to review the project information and contact us to participate in the on-going consultation effort. We ask yow-kokua lo help identify any histmic properties that have not already been identified and/or potential effects to historic properties that could result from the pla11lled shared-use path. We would also appreciate any comments you may have regm·ding the project in general, proposed mitigation measures, and opportunities for education m1d interpretation in the project plans. If there m·e other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with cun-ent and potential consulting parties to discuss the project and provide m1 opportunity to share infotmation about historic propetiies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting anangements and will send out additional information on the meeting agenda, schedule, and location. If you would like to pmiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would like to discuss the project or the pla11lled meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plmming consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfn1.co111 We ask that you provide conm1ents within 30 days from the date of this letter. Very truly yours, ~~l-- GLENNM. OKIMOTO, Ph.D. -Dii·ectoYof T!-m\spoiiatiort Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Melvin Soong The I Mua Group 422 Iliana Street Kailua, Hawaii 96734 Dear Mr. Soong: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 Z01Z Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No_ STP-0700(51) GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD2.1229 We are writing to you to provide an update on the subject project and to invite yom participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park A description of the project is al\ached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHW A). Use ofFHW A funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHP A) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic prope1iies that contd result from the project. You are receiving this letter because you have been identified as a current or potential consulting party in the NHP A Section 106 consultation process for this project. In accordance with 36 CPR Part 800, Section 800.2, we invite you to fomrnlly participate in the consultation process as a --- ---co11;<rultilrg Patty, either as a Native-Hawaiian Organization,-or as-an Additional Consulting Party. You may also provide comments as a member of the public without formally pmticipating as a Consulting Party. A summary of the NHP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting parties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminarily dete1111ined that no historic properties will be adversely affected by the project. Mr. Melvin Soong Page2 APR 0 9 2012 H\VY-DD 2.1229 We invite you to review the project infonnation and contact us to participate in the on-going consultation effort. We ask your kokua to help identify any historic prope1ties that have not already been identified and/or potential effects to historic properties that could result from the planned shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education m1d interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting parties to discuss the project and provide an opportunity to share information about historic properties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting m-rangements m1d will send out additional information on the meeting agenda, schedule, and location. If you would like to pmticipate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can he sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Snite 620 Honolulu, Hawaii 96817 csoon(cllssfo1.com We ask that you provide comments within 30 days from the date of this letter. Very trnly yours, 11~~L_ GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: Com1ty of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Robyn Danner STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU. HAWAII 96813-5097 APR 0 9 2012 Council for Native Hawaiian Advancement 1050 Queen Street Honolulu, Hawaii 96814 Dear Mr. Darmer: Subject: Section 106, National Histo1ic Preservation Act Consultation Ahukini-L yd gate Park Bike/Pedestriar1 Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO. HWY-DD 2.1229 We are writing to you to provide an npdate on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coas.tal: shared-use . . bike/pedestrian path between Ahukini Landing 311d Lydgate Park. A descnpt10n of the project 1s attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Histmic Preservation Act (NHP A) for consultation with Native Hawaiiar1 Organizations (NHO) ar1d other interested members of the connrnmity to invite comments on the potential effect to historic prope1iies that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting pilliy in the NHPA Section 106 consultation process for this project. _In accordar1c." v,;it~~6 CFR - - -Paif800;--Sedi0i180G.2;--we invite youfo-fciinfally plliiicipate iii tfie ci:frisulfaiion process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fonnally participating as a Consulting Party. A summary of the NHP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the histmic properties identified within the project's Area of Potential Effect (APE). Based on input received from pmticipating consulting parties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC): and other ind.ividuals ar1d government agencies, the County of Kauai and the HDOT have prelnmnanly detenmned that no historic prope1iies will be adversely affected by the project. Mr. Robyn Dillmer HWY-DD 2.1229 PA~eR2 0 9 2012 We invite you to review the project infonnation and contact us to participate in the on-going consultation effort. We ask your kokua to help identify any histmic properties that have not already been identified and/or potential effects to historic properties that could result from the planned sh31·ed-nse path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plarlS. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting parties to discuss the project and provide an opportunity to shme info1mation about historic properties 311d potential project effects within the project's APE. The County of Kauai will coordinate the meeting arrangements and will send out additional infonnation on the meeting agenda, schedule, and location. If you would like to pmiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plmming consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written cmll111ents can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner StTeet, Suite 620 Honolulu, Hawaii 96817 csoon(Cilssfo1.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, JP~v~C GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh)-all letters FHWA (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Ms. Vickie Smith STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR O 9 2012 Native Hawaiian Economic Alliance 1050 Queen Street Honolulu, Hawaii 96814 Dear Ms. Smith: Subject: Section 106, National Historic Preservation Act Consultation Almkini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M OKIMOTO DIRECTOR DeputyD1reclors JADET BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning histmic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Almkini Landing and Lydgate Park. A desc1iption of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Histotic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the connnunity to invite connnents on the potential effect to histotic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting pm1y in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR ·-·-----Part 800, Section 800.2, we invite you to formally participate-in-the consultation -process·as .. a · ---- Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fonnally paiiicipating as a Consulting Party. A summm·y of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed desc1iption of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from paiiicipating consulting pai'ties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Histmic Preservation Council (NHHPC), the Kauai Histotic Preservation Review Commission (KHPRC), ai1d other individuals and government agencies, the County of Kauai and the HDOT have preliminarily detern1ined that no historic properties will be adversely affected by the project. Ms. Vickie Smith HWY-DD2.1229 )ai\'R ~ 9 2012 We invite you to review the project infonnation and contact us to pmiicipate in the on-going consultation effort. We ask yom kokua to help identify m1y histotic properties that have not already been identified and/or potential effects to histo1ic prope1iies that could result from the planned shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation meas.nres, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with cu!1'ent and potential consulting parties to discuss the project and provide an opportunity to share infonnation about historic properties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting mTangcmcnts and will send out additional information on the meeting agenda, schedule, and location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would like to discuss the project or the plaimed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can he sent to: Ms. Cheryl Soon SSFM fnternational 501 Smm1er Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfh1.com We ask that you provide comments within 30 days from the date of this letter. Very trnly yours, /?~~I-- GLENN M. OKIMOTO, Ph.D. ·-··Dircctor·ofTransportatioir Enclosure c: County of Kauai (D. Haigh) all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERl~OR Mr. Edward Halealoha Ayau STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Hui Malama I Na Kupuna 0 Hawaii Nei Group Caring for the Ancestors of the Hawaiian Islands 622 Wainaku Avenue Hilo, Hawaii 96720 Dear Mr. Ayau: Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No, STP-0700(51) GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO· HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic prope1ties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park, A description of the project is attached, The project is being funded through the State of Hawaii Depaitment ofTransportat10n (HDOT) using funds from the Federal Highways Administration (FHW A), Use ofFHW A funds tiiggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite cmmnents on the potential effect to hist01ic prope1ties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting vmty in the NHPA Section 106 consultation process forthis·project: ·hraccordai1cewith-J6-eFR Paii 800, Section 800.2, we invite you to formally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as amember of the public without fornrnlly participating as a Consulting Party. A summaiy of the NHP A Section 106 Consultation work that has been conducted for this project to date is included in the attaclnnent along with a detailed description of the historic prope1iies identified within the project's Area of Potential Effect (APE), Based on input received from participating consulting parties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Histmic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminarily determined that no historic properties will be adversely affected by the project. Mr. Edward Ayau Page 2 APR O 9 2012 HWY-DD 2.1229 We invite you to review the project information 8lld contact us to paiiicipate in the on-going consnltation effo1i. We ask your kokua to help identify any historic properties that have not already been identified 311d/or potential effects to historic properties that could result from the planned shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Org311izations, individuals or groups you recommend we speak with, please let us know, The ColU1ty of Kauai, HDOT, and the FHW A plan to hold a public meeting with current and potential consulting parties to discuss the project and provide 811 oppo1iunity to share info1mation about historic prope1iies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting arrangements and will send out additional infonnation on the meeting agenda, schedule, and location, If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would like to discuss the project or the plaimed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plaiming consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM mternational 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfa1.com We ask that you provide comments within 30 days from the date of this letter. Very trnly yours, 11~~(__, GLENN M. OKIMOTO, Ph.D. Director of Transportation - - Enclosure c: County of Kauai (D. Haigh)-all letters FHWA (J, Nickelson) NEIL ABERCROMBIE GOVERNOR Ms. Kaiulani Edens-Huff Cultural Practitioner 310 Apana Road Kapaa, Hawaii 96746 Dear Ms. Eden-Huff: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO Deputy Directors JADET. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FI-IWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHP A) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a cmTent or potential consulting pa.t1y in the NHPA Section 106 consultation process for this project. In accordance with 36 CFR --Pait-800;-Sect-ion-8-60:-2;-we-inviteyou-to-fonnally-paiticipate-in--the-consultation-process-as-a---·-·--· Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fonnally pai·ticipating as a Consulting Party. A summary of the NHP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the histmic properties identified within the project's Area of Potential Effect (APE). Based on input received from pm1icipating consulting parties, including the State Historic Preservation Division (SI-IPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHI-IPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai mid the HDOT have preliminarily detennined that no histmic properties will be adversely affected by the project. Ms. Eden-I-luff Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project infomiation and contact us to pa.t1icipate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to histo1ic properties that conld result from the planned shared-use path. We would also appreciate a.t1y comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The Connty of Kauai, I-IDOT, and the FHW A plan to hold a public meeting with cuffent a.t1d potential consulting patties to discuss the project and provide an opportunity to share information about historic properties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting a1Tangements and will send out additional infomiation on the meeting agenda, schedule, and location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, GLENN M. OKIMOTO, Ph.D. ---·-------·-·-Director-of-Transportation Enclosure c: County of Kauai (D. Haigh) all letters FHWA (J. Nickelson) NEIL ABERCROMBIE GOVERl~OR Ms. Waldeen Palmeira Cultural Practitioner 290 Kaulana Road Wailua, Hawaii 96746 Dear Ms. Palmeira: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Alrnkini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M_ OKIMOTO FORD N FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Department ofTra.nsportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFI-IWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (l\THPA) for consultation with Native Hawaiian Organizations (l\THO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a cunent or potential consulting party in the NI-IPA Section 106 consultation process for this project. In accordance with 36 CFR ----Part-g(j(l;-S-ectron· 800. 2; we-invite·you-to-fonnatlyparti-cipatein-tlre-co11Suitatfon-process-a,,,,-------- Con su1ting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fonnally participating as a Consulting Party. A summary of the NI-IP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic proper1ies identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting parties, including the State I-Iistmic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NI-II-IPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the I-IDOT have preliminarily detem1ined that no historic properties will be adversely affected by the project. Ms_ Waldeen Palmeira Paoe 2 AP'fi 0 9 2012 HWY-DD 2.1229 We invite you to review the project information and contact us to participate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the planned shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native I-Iawaiiar1 Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, I-IDOT, and the FHW A plan to hold a public meeting with cmTent arld potential consulting parties to discuss the project and provide an opportunity to share information about historic proper1ies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting arTar1gements and will send out additional information on the meeting agenda, schedule, and location. If you would like to pariicipate in the consultation process, please do not hesitate to contact us_ If you would like additional project infonnation, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sunmer Street, Suite 620 Honolulu, Hawaii 9681 7 csoon@ssfo1.com We ask that you provide comments within 30 days from the date of this letter. Very trnl y yours, ~~ GLENN M. OKIMOTO, Ph.D. -----BirectDr-o-f--'frarnportatiorr·---------·-·-------------------------- Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (I. Nickelson) NEIL ABERCROMBIE GOVERNOR TO: FROM: SUBJECT: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 THE HONORABLE CHRISTOPHER KAUWE KAUAI REPRESENTATIVE NATIVE HAWAIIAN HISTORIC PRES ERV A TI ON COUNCIL OFFICE OF HAWAIIAN AFFAIRS GLENN M. OKIMOTO, Ph.D. DIRECTOR OF TRANSPORTATIO:tN SECTION 106, NATIONAL HISTORIC PRESERVATION ACT CONSULTATION, AHUKINI-LYDGATE PARK BIKE/PEDESTRIAN PATH FEDERAL-AID PROJECT NO: STP-0700(51) GLENN M OKIMOTO DIRECTOR DeputyD1reclors JADET BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ougoing consultation concerning histo1ic properties within the project area. The County of Kauai, Depmiment of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Alrnkini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Depilliment ofTranspo1iation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHP A) for consultation with Native Hawaiian Orgm1izations (NHO) m1d other interested members of the community to invite c01mnents on the potential effect to histo1ic prope1iies that could result from the project. You are receiving this letter because you have been identified as a cmTent or potential consulting --------·-p-irrtyin1he NHPA·Section ·to6 co!Is!Iltatimrpro-c-essfortlris-project:--I:iraccOTdance·witldfreFR------·-- Part 800, Section 800.2, we invite you to fornrnlly pa11icipate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fonnally participating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attaclnnent along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from paiiicipating consulting pmiies, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Cmmnission (KHPRC), and other individuals m1d government agencies, the County of Kauai and the HDOT have preliminarily dete1mined that no historic properties will be adversely affected by the project. The Honorable Christopher Kauwe Page 2 APR O 9 2012 HWY-DD 2.1229 We invite you to review the project infomntion ill1d contact us to participate in the on-going consultation effort. We ask your kokua to help identify ill1Y historic properties that have not already been identified and/or potential effects to historic properties that could result from the planned shared-use path. We would also appreciate any c01mnents you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiiill1 Organizations, individuals or groups you recommend we speak with, please let us know. The Cow1ty of Kauai, HDOT, ai1d the FHW A plan to hold a public meeting with current and potential consulting parties to discuss the project ai1d provide an opportunity to share infonnation about historic properties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting ainngements and will send out additional information on the meeting agenda, schedule, and location. If you would like to patiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the plmmed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plaiming consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sunmer Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide conm1ents within 30 days from the date of this letter. Enclosure c: County of Kauai (D. Haigh) -all letters FHWA (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Peter Chow Niumalu Canoe Club P.O. Box444 Lihue, Hawaii 96766 Dear Mr. Chow: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedesl!ian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR DepulyD1rectors JADET BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning histmic properties within the project area. The County of Kauai, Depaiiment of Public Works plans to develop a coastal, shai·ed-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the commnnity to invite comments on the potential effect to historic properties that conld result from the project. Yon ai·e receiving this letter because you have been identified as a cunent or potential consulting party in the NHPA Section 106 consultation process for this project. In accordance with 36 CFR -----Paii-800; Sectimr800c-2~we invite-you to formally participate-in-the·consuitation-process as a Consulting Party, either as a Native Hawaiian Organization, or as ai1 Additional Consulting Party. You may also provide comments as amember of the public without fomrnlly participating as a Consulting Party. A summary of the NI-IP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the histo1ic properties identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting paiiies, including the State Historic Preservation Division (SI-IPD), the Office ofHawaiiai1 Affairs (OHA), the Native Hawaiian Historic Preservation Council (NI-U-IPC), the Kauai Historic Preservation Review Commission (KHPRC), ai1d other individuals and government agencies, the County of Kauai and the HDOT have preliminarily determined that no historic prope1iies will be adversely affected by the project. Mr. Peter Chow Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project information and contact us to participate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to histmic properties that could result from the planned shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and oppmiunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you reconnnend we speak with, please let us know. The County of Kauai, HDOT, ai1d the FHWA plan to hold a public meeting with cunent and potential consulting parties to discuss the project and provide an opportunity to share infomrntion about historic properties ai1d potential project effects within the project's APE. The County of Kauai will coordinate the meeting anangements and will send out additional infomrntion on the meeting agenda, schedule, and location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the plaimed meeting, please contact Doug Haigh, County of Kanai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM h1temational 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, ~~(- GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh) all letters FI-IWA (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Marleny Cot1im, President Ninmaln Canoe Clnb P.O. Box444 Lihne, Hawaii 96766 Dear Mr. Cotrim: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Snbject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M OKIMOTO DIRECTOR DepulyD1rec\ors JADET BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your pai1icipation in ongoing consultation conceming historic properties within the project area. The Connty of Kauai, Department of Pnblic Works plans to develop a coastal, shared-use bike/pedestrian path between Ahnkini Landing and Lydgate Paik A desc1iption of the project is attached. The project is being funded throngh the State of Hawaii Depaiiment of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement nuder Section 106 of the National Histoiic Preservation Act (NI-IP A) for consnltation with Native Hawaiian Organizations (NHO) and other interested members oftl1e community to invite comments on the potential effect to historic prope1iies that could result from the project. Yon are receiving this letter becanse you have been identified as a cnnent or potential consulting paiiy in fue NI-IP A Section I 06 consultation process for this project. In accordance with 36 CFR . ·part soo;· SecfiOTI'800:2;w·e-iTWife yofftli-fotmallyparticip·ate-iu-tlre-currsultation process as a Consulting Party, eitl1er as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without formally participating as a Consulting Party. A summary of the NI-IP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description oftl1e historic properties identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting pai1ies, including the State Histmic Preservation Division (SHPD), the Office ofHawaiiai1 Affairs (OHA), the Native Hawaiian Histoiic Preservation Conncil (NI-IHPC), the Kauai I-Iistmic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kanai and the HDOT have preliminaiily detennined that no historic properties will be adversely affected by the project. Mr. Marleny Cotrim HWY-DD 2.1229 Afiff ij9 201Z We invite yon to review the project information and contact us to pai1icipate in fue on-going consultation effmi. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic prope11ies that could result from the pla1med shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. Iffuere are other Native Hawaiian Organizations, individnals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and fue FHW A plan to hold a public meeting with cunent and potential consnlting patties to discuss the project and provide an opportunity to share infonnation about historic prope1iies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting anai1gements and will send out additional information on the meeting agenda, schednle, and location. If you would like to participate in the consultation process, please do not hesitate to contact ns. If you would like additional project infonnation, or if yon would like to discuss the project or the planned meeting, please contact Dong Haigh, County of Kanai, Building Division Chief at (808) 241-4849, or contact their pla1111ing consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written conunents can be sent to: Ms. Cheryl Soon SSFM International 501 Snmner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfin.com We ask that you provide comments witl1in 30 days from the date of th.is Jetter. Very truly yours, ~~L GLENN M. OKTh10TO, Ph.D. Director ofTranspo1iation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMB\E GOVERl~OR Mr. Pepe Trask, Coach Kaiola Canoe Club P.O. Box 492 Anabola, Hawaii 96703 Dear Mr. Trask: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 ZO!Z Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide an npdate on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHP A) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting pmiy in the NHPA Section 106 consultation process for this project. In accordm1ce with 36 CFR Paii 800; Section 800.2; we invite you to fonnally pmiicipate in the consultation process as-a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fmmally pmiicipating as a Consulting Party. A smm1iary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed desc1iption of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting parties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiim1 Historic Preservation Com1cil (NHHPC), the Kauai Histmic Preservation Review Conllilission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminarily detennined that no historic prope1iies will be adversely affected by the project. Mr. Pepe Trask Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project information and contact us to participate in the on-going consultation effort. We ask your kokua to help identify ai1y historic properties that have not already been identified and/or potential effects to historic prope1iies that could result from the plaimed shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportlillities for education and interpretation in the project plans. If there are other Native Hawaiian Orgai1izations, individuals or groups you reconm1end we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting parties to discuss the project and provide an opp01iunity to shai-e info1mation about historic properties mid potential project effects within the project's APE. The County of Kauai will coordinate the meeting arrangements and will send out additional information on the meeting agenda, schedule, and location. If you would like to patiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project info1mation, or if you would like to discuss the project or the plaimed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plaiming consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written cmmnents can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfo1.com We ask that you provide co1mnents within 30 days from the date of this letter. Very tmly yours, j1~v~L GLENN M. OKIMOTO, Ph.D. Director of Transpo1iation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Ms. Pomai Kane, President Kaiola Canoe Club P.O. Box 492 Anahola, Hawaii 96703 Dear Ms. Kane: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR DeputyD1reclors JADET. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO. HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite yom paiiicipation in ongoing consultation concerning histo1ic properties within the project area. The County of Kauai, Depatiment of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Depatiment ofTrai1sportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHW A funds niggers a requirement under Section 106 of the National Historic Preservation Act (NHP A) for consultation with Native Hawaiiat1 Organizations (NHO) and other interested members of the community to invite connnents on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting party in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR Pa.ti 800, Section 800.2, we invite you to formally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without formally paiiicipating as a Consulting Party. A summary of the NHP A Section 1 06 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from paiiicipating consulting parties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiiai1 Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai ai1d the HDOT have preliminarily detennined that no historic properties will be adversely affected by the project. Ms. Pomai Kane Page 2 MR 0 9 2012 HWY-DD 2.1229 We invite you to review the project infomrntion and contact us to participate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the planned shai·ed-use path. We would also appreciate any cmmnents you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you reconunend we speak with, please let us know. The County of Kauai, HDOT, and the FHW A plan to hold a public meeting with current and potential consulting parties to discuss the project and provide an opportunity to share infonnation about historic properties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting a1Tat1gements and will send out additional infonnation on the meeting agenda, schedule, and location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plaiming consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written conunents can be sent to: Ms. Cheryl Soon SSFM International 501 Sun.nm· Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfo1.com We ask that you provide comments within 30 days from the date of this letter. Very tmly yours, ~~L GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh)-all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Ms. Denise Ham Young Kaiola Canoe Club P.O. Box492 Anahola, Hawaii 96703 Dear Ms. Young: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Histo1ic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR DeputyD,rectors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to yon to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Almkini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting pa11y in the NHP A Section 106 consultation process for this project. In accordance with 36 CFR Part 800; Section 800:2; we invite you to· fonnally participate in-the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without fomrnlly pai1icipating as a Consulting Party. A summary of the NHP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the historic prope11ies identified within the project's Area of Potential Effect (APE). Based on input received from patiicipating consulting patiies, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and govenm1ent agencies, the County of Kauai and the HDOT have preliminarily dete1111ined that no histmic properties will be adversely affected by the project. Ms. Denise Young Page 2 APR O 9 2012 HWY-DD 2.1229 We invite you to review the project infonnation and contact us to patiicipate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the platmed shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHW A plan to hold a public meeting with CU!Tent and potential consulting patiies to discuss the project and provide an oppo1iunity to share infonnation about historic properties ai1d potential project effects within the project's APE. The County of Kauai will coordinate the meeting arrangements and will send out additional infonnation on the meeting agenda, schedule, ai1d location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the platmed meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written co1mnents can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfin.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh) -all letters FHWA (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Cash Lopez Kaiola Canoe Club P.O. Box492 Anahola, Hawaii 96703 Dear Mr. Lopez: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M OKIMOTO DIRECTOR DepwtyD1rnctors JAOET.BUTAY FORD N. FUCHIGAMI IN REPLY REFER TO. HWY-DD 2.1229 We are wiiting to you to provide an update on the subject project and to invite your paiiicipation in ongoing consultation concerning histoiic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestriai1 path between Almkini Landing and Lydgate Pai·k. A description oftbe project is attached. The project is being funded through the State of Hawaii Department ofTranspo1iation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Histmic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite con.nnents on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting paiiy in the NHPA Section 106 consultation process for this project. In accordance with 36 CFR Part 800, Section 800.2, we invite you to formally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide comments as a member of the public without formally paiiicipating as a Consulting Party. A summary of the NI-IP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description of the histoiic properties identified within the project's Area of Potential Effect (APE). Based on input received from paiiicipating consulting paiiies, including tbe State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), tbe Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminarily determined that no historic prope1iies will be adversely affected by the project. Mr. Cash Lopez Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project infonnation and contact us to paiiicipate in the on-going consultation eff01i. We ask your kokna to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the planned shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, and opp01iunities for education and interpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHW A plan to hold a public meeting with current and potential consulting parties to discnss the project and provide an opportunity to share info1mation about histoiic properties and potential project effects within the project's APE. The County of Kauai will coordinate the meeting arrangements and will send out additional info1mation on the meeting agenda, schedule, and location. If you would like to paiiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project info1111ation, or if you would like to discuss tbe project or tbe planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfo1.com We ask that you provide comments within 30 days from the date of this letter. Very tmly yours, GL~P~ Director of Trai1sportation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Mr. Jeff Chandler Cultural Practitioner 5-6593 Kuhio Highway Hanalei, Hawaii 96714-0000 Dear Mr. Chandler: STATE OF HAWAII DEPARTMENT DF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR O 9 2012 Suhject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR DeputyOirector5 JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URA.SAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consnltation concerning historic properties within the project area. Tbe County of Kauai, Depai1ment of Public Works plans to develop a coastal, shared-use bike/pedestriai1 path between Ahukini Landing 3!1d Lydgate Pai·k. A description of the project is attached. The project is being funded through tbe State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds triggers a requirement under Section 106 of the National Histotic Preservation Act (NHPA) for consultation with Native Hawaiian Orgai1izations (NHO) and other interested members of the community to invite comments on the potential effect to historic properties that could result from the project. You are receiving this letter because you have been identified as a cutTent or potential consulting patiy in the NHPA Section 106 consultation process for this project. In accordance with 36 CFR Part 800, Section 800.2, we invite you to fornrnlly participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party You may also provide comments as a member of the public without formally participating as a Consulting Party. A summary of the NHPA Section 106 Consnltation work that has been conducted for this project to date is included in the attaclnnent along with a detailed description of the historic properties identified within the project's Area of Potential Effect (APE). Based on input received from paiiicipating consulting parties, including tbe State Histo1ic Preservation Division (SHPD), the Office of Hawaiian Affairs (OJ-IA), the Native Hawaiian Histo1ic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminarily determined that no historic propetiies will be adversely affected by the project Mr. Jeff Chandler HWY-DD 2.1229 P1m~20 9 Z01Z We invite you to review the project information and contact us to participate in the on-going consultation effort. We ask your kokua to help identify any historic propetiies that have not already been identified ai1d/or potential effects to historic properties that could result from the plaimed shared-use path. We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, ai1d opportunities for education and interpretation in the project plans. Ifthere are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with cutTent ai1d potential consnlting paiiies to discuss the project and provide an oppotiunity to share information about historic propetiies and potential project effects within the project's APE. The County of Kauai will coordinate the meeting atTangements ai1d will send out additional infotmation on the meeting agenda, schedule, ai1d location. If you would like to patiicipate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their plaiming consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written co1m11ents can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfm.com We ask that you provide comments within 30 days from the date of this letter. Very trnly yours, GL~~ Director ofTranspotiation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Ms. Wilma Holi Cultural Practitioner P.O. Box 368 Hanapepe, Hawaii 96716-0368 Dear Ms. Hali: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Hist01ic Preservation Act Consultation Almkini-Lydgate Park Bike/PedestJian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning hist01ic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded through the State of Hawaii Depruiment of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use of FHW A funds triggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (N1-IO) and other interested members of the conununity to invite conuuents on the potential effect to histmic properties that could result from the project. You are receiving this letter because you have been identified as a current or potential consulting party in the NHP A Section 106 consultation process for this project. In accordru1ce with 36 CFR Part 800, Section 800.2, we invite you to fo1mally participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as ru1 Additional Consulting Party. You may also provide comments as a member of the public without fonnally paiiicipating as a Consulting Party. A summary of the NHPA Section I 06 Consultation work that has been conducted for this project to date is included in the attac!m1ent along with a detailed description of the historic prope11ies identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting paiiies, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Conunission (KHPRC), and other individuals and govermnent agencies, the County of Kauai ru1d the HDOT have preliminaiily detennined that no historic properties will be adversely affected by the project. Ms. Wilma Hali Page 2 APR O 9 Z01Z HWY-DD 2.1229 We invite you to review the project info1mation ai1d contact us to participate in the on-going consultation effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could result from the plauned shru·ed-use path. We would also appreciate ai1y comments you may have regarding the project in general, proposed mitigation measures, and opportunities for education and i11tetpretation in the project plans. If there are other Native Hawaiian Organizations, individuals or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with current and potential consulting parties to discuss the project and provide an oppmiunity to share information about histo1ic properties ai1d potential project effects within the project's APE. The County of Kauai will coordinate the meeting anangements and will send out additional infmmation on the meeting agenda, schedule, and location. If you would like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project information, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact theirplamung consultant, Cheryl Soon, SSFM International at (808) 356-1268. W1itten comments can be sent to: Ms. Cheryl Soon SSFM International 501 Smm1er Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfo1.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, /J~~L GLENN M. OKIMOTO, Ph.D. Director of Transportation Enclosure c: County of Kauai (D. Haigh) -all letters FHW A (J. Nickelson) NEIL ABERCROMBIE GOVERNOR Ms. Sabra Kauka Island School 1875 Kaumualii Highway Lihue, Hawaii 96766 Dear Ms. Kauka: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M. OKIMOTO DIRECTOR DepulyD1reclors JADET BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plru1s to develop a coastal, shared-use bike/pedestriru1 path between Almkini Landing and Lydgate Park. A description of the project is attached. The project is being funded tlu-ough the State of Hawaii Department ofTransp01tation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds ttiggers a requirement under Section 106 of the National Historic Preservation Act (NHPA) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic prope1ties that could result from the project. You are receiving this letter because you have been identified as a cun-ent or potential consulting pa1ty in the NHPA Section 106 consultation process for this project. In accordance with 36 CFR Prut 800, Section 800.2, we invite you to fornially participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as 311 Additional Consulting Party. You may also provide comments as a member of the public without fomially pruiicipating as a Consulting Party. A summary of the NHP A Section 106 Consultation work that has been conducted for this project to date is included in the attachment along with a detailed description offue historic properties identified within the project's Area of Potential Effect (APE). Based on inpnt received from pruticipating consnlting parties, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OBA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Commission (KHPRC), and other individuals and government agencies, the County of Kauai and the HDOT have preliminarily detennined that no histo1ic properties will be adversely affected by the project. Ms. Sabra Kanka Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project information ru1d contact us to participate in the on-going consultation effo1i. We ask yonr kokua to help identify any historic properties that have not already been identified ru1d/or potential effects to historic properties that could result from the planned shared-use path_ We would also appreciate any comments you may have regarding the project in general, proposed mitigation measures, ru1d oppo1iunities for education and interpretation in the project plans: If there are other Native Hawaiian Orgarrizatio11s; ilfdividuals- or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with cun-ent ru1d potential consulting pruties to discuss the project ru1d provide an opportunity to share infonuation about historic properties and potential project effects wit11in the project's APE. The County of Kauai will coordinate fue meeting an-angements and will send out additional infonuation on the meeting agenda, schedule, and location. If you would like to pruticipate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would like to discuss the project or the planned meeting, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact fueir plruming consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written coll!lnents can be sent to: Ms. Cheryl Soon SSFM International 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfin.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, ~~ GLENN M. OKIIV[OTO, Ph.D. Director ofTrru1sportation Enclosure c: County of Kauai (D. Haigh)-all letters FHW A (J. Nickelson) NEIL ABERCROMBIE Mr. Randy Wichman Kauai Historical Society 4396 Rice Street Lihue, Hawaii 96766-13 71 Dear Mr. Wichman: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 APR 0 9 2012 Subject: Section 106, National Historic Preservation Act Consultation Ahukini-Lydgate Park Bike/Pedestrian Path Federal-Aid Project No. STP-0700(51) GLENN M OKIMOTO DIRECTOR Deputy Directors JADET BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO HWY-DD 2.1229 We are writing to you to provide an update on the subject project and to invite your participation in ongoing consultation concerning historic properties within the project area. The County of Kauai, Department of Public Works plans to develop a coastal, shared-use bike/pedestrian path between Ahukini Landing and Lydgate Park. A description of the project is attached. The project is being funded tlu·ough the State of Hawaii Department of Transportation (HDOT) using funds from the Federal Highways Administration (FHWA). Use ofFHWA funds biggers a requirement under Section 106 of the National Historic Preservation Act (NHP A) for consultation with Native Hawaiian Organizations (NHO) and other interested members of the community to invite comments on the potential effect to historic prope1iies that could result from the project. You am receiving this letter because you have been identified as a cunent or potential consulting party in the NHPA Section 106 consultation process for this project. In accordance with 36 CFR Part 800, Section 800.2, we invite you to fonna!ly participate in the consultation process as a Consulting Party, either as a Native Hawaiian Organization, or as an Additional Consulting Party. You may also provide connnents as a member of the public without fomrnlly participating as a Consulting Party. A summary of the NHPA Section 106 Consultation work that has been conducted for this project to date is included in the attaclunent along with a detailed description of the historic prope1ties identified within the project's Area of Potential Effect (APE). Based on input received from participating consulting pruiies, including the State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs (OHA), the Native Hawaiian Historic Preservation Council (NHHPC), the Kauai Historic Preservation Review Co111111ission (KHPRC), and other individuals and govenunent agencies, the County of Kauai and the HDOT have preliminarily determined that no historic prope1iies will be adversely affected by the project. Mr. Randy Wiclunru1 Page 2 APR 0 9 2012 HWY-DD 2.1229 We invite you to review the project infmmation and contact us to participate in the on-going consultal!on effort. We ask your kokua to help identify any historic properties that have not already been identified and/or potential effects to historic properties that could resnlt from the plaimed shared-use path. We would also appreciate any co111111ents you may have regarding the project m general, proposed mitigation measures, and opportunities for education ai1d · ----interpretation in-tlieproject plans. If there ari>o11ier Native Hawaiian Oi-galiiZations, individuals __ _ or groups you recommend we speak with, please let us know. The County of Kauai, HDOT, and the FHWA plan to hold a public meeting with cunent and potential consulting parties to discuss the project and provide an opportunity to shai·e information abont_ historic prope1iies and potential project effects within the project's APE. The County of Kanai will coordmate the meeting aiTangements and will send out additional infonnation on the meeting agenda, schedule, and location. If you wonld like to participate in the consultation process, please do not hesitate to contact us. If you would like additional project infonnation, or if you would like to discuss the project or the plaimed meetmg, please contact Doug Haigh, County of Kauai, Building Division Chief at (808) 241-4849, or contact their planning consultant, Cheryl Soon, SSFM International at (808) 356-1268. Written comments can be sent to: Ms. Cheryl Soon SSFM International 501 Smruier Street, Suite 620 Honolulu, Hawaii 96817 csoon@ssfin.com We ask that you provide comments within 30 days from the date of this letter. Very truly yours, G~~ Director ofTrai1spo1iation Enclosure c: Co1111ty of Kauai (D. Haigh) -all letters FHWA (J. Nickelson) ENDANGERED SPECIES ACT, SECTION 7 & COASTAL ZONE MANAGEMENT ACT FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX A Federal Consultations Section 7 Consultation, Endangered Species Act (ESA) The U.S. Fish and Wildlife Service, in the Department of the Interior, and the National Oceanic and Atmospheric Administration Fisheries, in the Department of Commerce, share responsibility for administration of the Endangered Species Act. The Act ensures that an action does not jeopardize the continued existence of any plant or animal species listed as threatened or endangered, or destroy or adversely modify any designated critical habitat. Identification of Protected Species along the corridor The following pre-assessment meetings were conducted to identify species in the area that are protected by the Endangered Species Act. A complete overview of what was discussed at these meetings is included in Appendix B of this report. •May 2, 2005-Wade Ishikawa-Department of Land and Natural Resources (DLNR)- discussion included aquatic resources of the area •August 12, 2005-Dr. Jeffrey Walters, DLNR-discussion included endangered marine species issues •August 17, 2005-Mimi Olry and Donald Heacock, DLNR-discussion included endangered species issues •August 19, 2005-Dr. David Lorence, National Tropical Botanical Gardens-discussion included endangered and threatened plants along the corridor Review of the Draft Environmental Assessment pertaining to Section 7 ESA issues: The draft environmental assessment was sent to the following agencies: •Dr. David Lorence-National Tropical Botanical Garden •No name-U.S. Fish and Wildlife Service, Honolulu •Mr. Donald Heacock-DLNR Division of Aquatic Resources •Dr. Mimi Olry-DLNR Division of Aquatic Resources •Dr. Jeffrey Walters-DLNR Division of Aquatic Resources •Mr. Mike Hawkes-U.S. Fish and Wildlife Service, Kīlauea •Mr. Wade Ishikawa-DLNR Division of Aquatic Resources Letters, Meetings and Correspondence Regarding Section 7 ESA Consultation: The final preferred alignment maps were sent to regulatory agencies for concurrence that the path alignment will not affect species that are protected under the endangered Species Act. These agencies include: •Mimi Olry-DLNR, Division of Aquatic Resources •Chris Yates-National Oceanic and Atmospheric Administration, National Marine Fisheries Service •Thomas Kaiapapu-DLNR, Division of Forestry and Wildlife •Jeffrey Walters/Dan Polhemus-DLNR, Division of Aquatic Resources •Peter Cohen-USFWS Feedback from Consulted Parties Pertaining to Section 7 ESA Matters: These letters can be found at the end of this section. •June 1, 2006-Mimi Olry of DLNR agrees that the inland route avoids the sensitive coastal areas that were previously discussed. She recommends signage to alert people of the presence of sensitive native species as well as wildlife viewing guidelines. •June 2, 2006-Chris Yates, NOAA, agrees that the path substantially avoids monk seal haulout sites. With effective signage at the comfort station south of the Radisson, there is confidence that there will be no adverse affect to the monk seal resulting from construction of the path. •June 6, 2006-Thomas Kaiapupa, DLNR. Areas should be surveyed for the wedge-tailed shearwater in two areas of concern. Shielded lighting and educational signage should be FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX A Federal Consultation Requirements •incorporated. Otherwise, the path will not have an adverse affect. •October 3, 2006-Peter Cohen, USFWS. Review indicates no principle negative impacts on the local wetland and adjacent areas as proposed by the path. •April 2, 2007 – A letter from Pat Phung, US Department of Transportation, to Patrick Leonard, US Fish and Wildlife Division, summarizing coordination efforts and findings. •May 4, 2007 - Patrick Leonard, USFWS. Response and comments regarding proposal. •October 27, 2008 – A letter from Andrea Erichsen to Merle Grimes summarizing findings for seabird nesting and recommendations. •February 26, 2009 – Letter from Patrick Leonard USFWS with proposed mitigation measures and a determination that no further action pursuant to ESA is necessary. •June 1, 2009 – A letter from Merle Grimes to Patrick Leonard acknowledgment and receipt of letter. •August 27, 2013 - A letter from FHWA to USFWS summarizing the Section 7 consultation process to date and requesting concurrence for a “not likely to adversely affect” determination. •October 25, 2013 - A concurrence letter from USFWS to FHWA summarizing Section 7 mitigation measures necessary and concurring on a “may effect, but not likely to adversely affect” determination. •July 8, 2009 – A letter from George Young, Department of the Army, to Merle Grimes providing Jurisdictional Determination (JD) for bicycle and pedestrian path Coastal Zone Management Act/Special Management Area The Coastal Zone Management Act (CZMA) is a federal act that ensures consistency with State programs for the protection and enhancement of the nation’s coastal zones. County governments play a crucial role in implementing the CZMA program by regulating development in geographically designated Special Management Areas (SMA). The SMA permit system is defined differently for each County, beginning from the shoreline and extending inland to specific boundaries. (Refer to the SMA map of the project area in Kauai at the end of this section). The proposed corridor is within the defined SMA for Kaua‘i from Ahukini Point to the existing Motocross Park. At the Motocross Park, a subroute of the path diverts to Marine Camp, which is also included in the SMA boundary. The main path connection to Lydgate Park at Nehe Road is also included in the SMA boundary. An SMA permit (major) is required for the project and it must show consistency with the CZM rules and regulations. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations Special Management Area Map FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations DO CARE ~AUA : 10 •274-3525 J UN 0 2 '0& 1 s: as Nu . oc:: ~ . ·,: Marie Grimes FAX: 303-646-8708 June 1, 2006 Aloha Merle, Michele Olry Kauai Marin<' ConsorvaUon Coordinat or Hawaii OLNR/ Division of Aquatic Rosouroes Llhue, Hawaii 96760 FAX: P.08·274-3446 Thank·you for your reoent phone call a nd requeat fo r written commenta fo r the Envtronmental Assessment of thO bike pat h from lydgato to A hu kini, that you presented for the fina l pu blic hearing. I was plea~ that you f ollowed OLNR and NOAA'a recommendations to min imize impacts on the marine environ:mo nt snd the hlg hly endangered Hawaiian Monk S eal . I am in lull agreement with the bike path alignment that you presented that follows the Inland route and avoids tile oensltivo coastal areas that were dlacuasod. Tho one area of lhe bike p ath that I am concerned wilh io whent the path extends to the comfort station al Nukoll'I beach (near lhe prevlo us!y k nown Radisson Resort). Also Where the path eldends down to Marine Camp, anolher location where seals haul out on t he beach. To keep bi k es off the beach 1 recommend some k1nd of barr~r be pieced near the comfort station and signs to alert p&ople to the possible presence of sensitive native spechls, many of which ere endangered, including the Hawaiian monk seals that often haul out to rest in this area. I 81&0 recornmend. which we agreed upon. the placement o f signs along lhe palh that are interpretive signs to Inform users of ou r marine environment and the species that liv e there as wen as wildlifo viowl:ng guidolil'M;!s (ie koep 150 feet away from monk seats). DLNR and NOAA would like to participate In Iha d<!$lgn development of the signs and make recommendations for their placement along the length o f the pat h. I am quite p'8ased by your efforts to protect the marine species and precious coastal envi ronments present here on Kau a'I by designing such a Qood path that all users can eppreciote and enj oy Aloha, ~ MimiOlry. Q .~ Po•t-lt' Fax N o10 7571 .,. 0&1021 06 l;K l 18 :50 I T X/R:\ '0 !i 0 2 71 1'11 0 1 FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations Mcr.c Ll. Grim"'· LLC J 1)4). kn>k;::i A .. n,v; C•rclc EliYahL•(h, ('() S:O I 07 ll\"ar )•tr. cJri1'i':<.''>; U.S. DePA!lTll/IEl\IT Ill' COMMERCE Ntit:iO!i81 Ocea••i~ l'l:rid .Atm~pheric AdrT1fr.ittll'citio11 l"!m'IOt~A~ M,O.A•P.:"-FISM:ERKS Si:RVIC~ P•Olllt'\ llf.IEtn:t~ ~;,iinn::i.I Offi'le ·1su1 KOl;:i•d·""i e1vr1., $111.~r. 111D fftl:-ini:ll: :. M:.w;i' 9C814 473:1 (RIJa) 94~V200 • F:ill: lBCISJ 9732841 v ... e have revic\\-cd th.e !C\'iM?d L'rcferred 1•:uh 1\lignmcln pro;ioscd t~1r ~he l\hukini to l..ydgate t•:lck J:Hl~c/Prdcstdau i:atll :l:lt.i ar..:-vcry pk·a!>co :o sc;.,· ~bat yc-u hu\'\" addn:ss¢d our c<Ju,·~rns. r~gdrding tbc pot~\tiul ilnpu.;..1$ Ul Htiv.·>ili>on ·n<.1nl.. -1cll.l::1 . .:\i; y.;,1u noL:d in yvlf" ..:-mi;ll of M<i). 30, 1006, l.iie palh 11~1v.· suh1'~Utlially a.vu:W; Ll1c n·.~•uk l'l~al ha11laul :.itcs aL the~ hi:>aches b)· tilllc\\~llS a.n in.land rot·.te. Hy add~ sl~gc ad''isi~ u~e~ of pn)1>eJ' hunian behavior should ll<'nk s~a]s be Pl'f3{"llt at the bc~h "''h<."Il.i the parh leads to rhc cxisti.1g com::V1t stati<.n), Yi\~ nrc ~<.,nl:d<:nt llu111,hcr: ~l>)nld (!¢no ;:u.!dtlic,nal a1l•oerse imp>lCIS. "'in~} o;~1:x rcsu11ing li-oru 11..::: cun>.:Lt~1.:~1t1,)f1he11ath. \'iic 11111'1h:Ci11tc th~ malut;: in 1,\•hjch you \\il]i.ug,ly '-''{'Irked 1,·Ath ~'lir rcprt3('J1t~li-...·c3, {>~ndd 8chot1cJd aud l\·limi Olr)·, Lc• ut.inllniLc lhc imp:tcl~ lo lhj-s l:ri1.i<:~1ll;-t· cndangt'n:d :s11ccie.o; h:,: inc'~rpC1rrrti11g vur r..:ccmm.;."'lhlxliHn~ 11:1.1.1 lh..: hlynul Hnd ~si~r.r• .,,f Lhe pach. 111anl.. yuu li~r \\".•rkic1g v;ith l\·~llFS t,i pl\)t.!ct OUf na:don·s livir.g1nru:i:1C' rcs.JtU\XS. Should you have any otbcr qucsti<'llS rc~rding this pr•.t<.'\~l nr lh•~ <.'cn=>ulhuion pm<.•co;~, ?lc~sc c~ntt.c:I .T~y1';: T ~F uro; <,1n m'." :;hllT ut (RllR.• 044-2277 ~>r ul L:i..: c-;nail atlilrv:.s j~• >'Jl ~ .1 ~ r, )I·:-1 ~·:~$!~.:.!.£<.~~. Si r.c!!rcly, Pn11~..:lcd R~S(~UT~i:H FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations Meri~ Grirnes. Pl'csi de:it MDC,LLC 1042 Hroke:n Artow(..'irclc Ett?~bc•h , CO. 80107 Dear Sir: r o:aoa-274-3438 JUN 06 '06 STA'l"£Of'H ''V A 1 DEPAllT .. i Nf O~ I.AND A.H O NJ.1 'J RAL RE.SOURCE.$ •>1v1~.o.~ (')r r-o:u;sn.' "'' ,, wn 111 .1.Fi:; JOW ~.i .. .,. S11r~ IO!lo»& WIK.H.-..il 5"'6 June 6. 2006 22 : 4 1 tlo . OO J F . ; ! "'""' ~· .. -u .......... .. ....... ff ... ~~ .... ~ ...... Vl.> ,_("0 ..... -....-........... . . __ ............. . ~ ........ .. ,..,. ........ _ ... -:.:.·::;>:~:;:;:,~~:-~· -""···"·.-u.._. ............. .................................... -. • ._.,_,,..,~::;-•-vo1u·•• ·u..····~-...... IU!ou:'•--·--·~··· .... , .. "'" .... ( ......... .. .!~:' .. . I l\i1vc reviewed the preferred 1'll!g1u11ent 1nup.:i o f the pn'lposod Ahokin i·l..ydgtuc OikctPc<lcSlri.an Path, Kauni, Hawaii :.nd below arc my ~1fnfne11t~: Map l-From Ahuki ni l'ic r t o Ha11amaulu b.1)': The path fro1n Ahukin i pier along 1he old sugar cane ri•1t1.l is good. The path on the north side of Hnnomaulu b.1y ·which goes aJong an old sugar cane road is also gC1od . Ho\\oe\•er, 1he ~ec.rion ofpslh which enters eonserv111ion roncd l11nds 1nuy contain a colony(¥) of \Ve<lge ·lAllod sl1car"•atcr u•u(finus nac/Ocu.r>. Tilerefvre, y.·e recunlmend u :o:urvey he (;o:kiu1;leJ i1l this se<:1 i o1~. Jf the: n~ co11tnins nc!>ti ng sc-ahi1·dit, we ful'ther reconlmend e. re-.c ligni1lg the pa~h 10 the o ld sugar cane road. Map 2 . I luna1nuulu bay in lMd: Al though , 1nost of the proposed rou1c is on the old sugar c.anc road. then: uppe.:lr:-. to he :l section~ the path crosses over 1he historic I Jitnnn\nulu bridge near low gro"•ing vc-gctation may indicate a v.·ct area. If so, the Crea tnuy be pn.)1le to floodi n ~ du.ring periods of high rBinfAll . T he path fron1 the historic bridge to the ,,IJ s ut;,tlt cane road is good. Map 3 -J lanA1nnu lu to Rarlisson ::t11d \V 11ilui.'1 GolfCourllt'l: The pl"i.lJlV:Scd ~-nh fn.nn llnnnnu1.ulu ptt'5t! through «)11~rvu~i1)n ,..,uncd lnnd.i; v.•hich ma.y contain n Wcdgc·tailed ~he:.lrwll\er ccl lnn)'(s) ,\ re)'lt"lrt of several dead \Vc:dgc-cai lccl shca n-.1a1crs was rccc nlly documcntocl in 1hc ~rea . \Ve cnter~d 1hc ririvot~ property via the shoreline nrea fl'Q1n Nukolii beach .. 'J'he vehicle l'ICC.CSS e~'ltcs fronl K uhill high"''aY \\'Crc locked nnd the Jandowner could not be notified for wss istance. Uec..iuse dead ~hearwa1c:rs wen: found in ll1~ O\re:J, we n:co1nn1end a s ur vey he C'tmJucti::d ulong th i.-. section. lf !he nrc11 contain!' nest ing 5-03bird!>.. Y."C further rcc.on1n1end rc·:t lignin& th1> path 10 o1d :.u191.r cDnt rvud . The p.'\th fro1n Hihoa la ne to 1he ab.<tndoncd cane haul road is good Map 4 -\Voihia GolfCour:sc:/Kuhio Jligh"'U)': T he proposed J>al h is good. Nenc (Nt.~ochr.n sandviccn•i•) may occas ionolly be observed on lh• golf courno. Mal' S -Kuhi o liii;l1 Y.'ti)' ulong Wa iluo (folf CouN;t houodary to Nehc f<oad : Th.c proposed p:nh b ~O<>cl. Nc nc :nny occasion .. "llly be observed on 1hc golf co11 rsc . . l>ti /07/06 Y•F.I, 02: lS I TXl l<\ -.o ~U29 1 ~Cl!)! FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations v,::il·.;: CQF'AM JIJU 06 'OE Add itiooll.I comnu::.nts : A~ yoo arc A\Varc of the kabird light 1tt:1.•ction 1)·rt1bknl 0 11 Kauni , ~t s. Andrea Eri 1;h~1 . \\'ho nl~ ~·ork~ for DLNR-DOfA \V, hns ·:wnuuc11ded usi ng. sea.bird safi: l ight:. in are<1s \Vhtre lighting 1tl~1 y b~ nocded. \Ve ulso n:commcnd to SU'"'Jtegi~lly J>lttc ing cdu..::n tionsl sign.age h• inforn1 the gene rt\l p\lblic <l f nutive wi ldlife i1. ~!\I nrc11. nnd K ;aua i's pc l !cash law-s . Th:lnk you for ullo\vin.g us fl) conuu enl on the proj ect. 1 ·you need 1Hklitiiona• in f<ir1nat ion. pl !!-a~ r';;cl free tc1 ton t;,1CI nlt: a1 (80$) 27·1·34~3 or e1111.il: II on a..11;.tknfa.kn pu®hs\vajj QO\' Muhalo nui I ()<\, sdt /:-P0~-· Th:)Jll:lS K;i.'iok apu K:iuni Wildlife M:tnl'tger Cc : Kauai l>OFA W . OS l <l7 i'OG ~Ul Ot:IS I T.\:t t<\ \II .'iflZ91 a,011::! FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations From: Peter_Cohen@fws.gov [mailto:Peter_Cohen@fws.gov] Sent: Tuesday, October 03, 2006 4:16 PM To: merle@mdgdenver.com Cc: peter_cohen@fws.gov Subject: Re: Lydgate Park Bike Path Dear Mr. Grimes, Thank you for your call. After reviewing the Environmental Assessment there is no indication of any principle negative impacts on the local wetland and adjacent areas by the proposed Lydgate Park bike path. Peter Cohen, PhD U.S Fish and Wildlife Service Pacific Islands Office Room 3-122 300 Ala Moana Boulevard Honolulu, HI 96850 Tel: (808) 792-9409 Fax: (808) 792-9580 Email: peter_cohen@fws.gov FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations f.) ......... ·-· -··· M,,,._.~ IE""'-' ti !otf\i;.t f'lfl!l •\jlt<UllQll '1.$ Rlf.~lllWldirt .... \ott .... llklol.,..Olllr;.t JOO""'..._ "••iw.f ....... ,.w .._._ fll 'itol Dair WI 1.ftt- dJ fll-d1<\0 __ ...... ___ _ -·- .-...-i. WX:-111 Tht ~"'""""' •••!be ........ "~"'. Dto-• ...__ \lAJ .... t.lt ... .,.,,..! ...... ...,...,.__...,_ .. ~,.. ....... __ .., a:-.. ........,,..,_.,.....,,.stl'TW\~I) 1•....-.---ltf .. -M-0 C..-,IJ.C.,~ .... 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FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations ---_,,,..._~ ..... ~Alllr-~I -n-t.-nx.+.i..,. r.,.....,,_..,,_.. ~::-:.=e ... ,..,. n..l)W•-..i JJ'w_...... ... ....._..,i.--,.. ·---..,.. ....... --.. flo< .... ...-... ,...._"" .. _..,.,.... ...... ~,,,,,,. ---..,,,.., .... ..._ .. _ ----·~ ,.,.~-~ 11_.-,1t10HJ1 t ottllli)m.w:s l'io:l»ll~ ---- FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations - FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations United States Department of the Interio r FISH AND WILDLIFE SERVICE Pacific ls lands Fish and Wild li fe Office· 300 Ala Moana Bou levard, Room 3-122, Box 50088 Honolulu, Hawaii 96850 In Reply Rerer To: 2007-TA-0140 Mr. Pat Phung Transportation Engineer Department of Transportation Federal Highway Administration Hawaii Division, Box 50206 300 Ala Moana Boulevard, Room 3-306 Honolulu, Hawaii 96850 Subjoct: Comments on Draft Fina l Environmental Assessment (EA) for Ahukini to Lydgate Par!< Bicycle/Pedestrian Path on the island of Kaua'i Dear Mr. Phung: Thank you for your letter of Apri l 2, 2007, notifying ouroffiee of your finding and determ inarion in the Draft Final Environmental Assessment under section 7 of the Endangered Species Act (Act) fo r the proposed Ahukini to Lydgate Park Bicycle/Pedestrian Path on the island of Kaua'i. We received your letter on April 4, 2007. We understand that you have determined that the proposed projoct will not affect listed species that may occur in the action area: the federally threatened Newell's shearwa1er (Puffinus auricularis newel/1) and the federally endangered Hawaiian petrel (PterodJ·oma phaeopygia sandwlchensis), Hawai ian hoary bat (lasirus cinereus semotus), Hawai ian goose (Branta sandvicensis), Hawaiian duck (Anas wy1•il/iana), and I lawaiian moorhen (Gallinula ch/oropus sandvicensis). The EA also includes detenninations regarding the endangered Hawaiian monk sea l (Monachus schaulnslandf), green sea turtle (Chelonia mydas) and humpback whale (Megaptera novaeangliae). Please note that the National Marine Fisheries Services, not the U.S. Fish and Wildlife Service, has regulatory authority under the Act for these marine species and for sea turtles that are in the ocean and not hauled out or nestin g on the beach. We disagree with your determinat ion that the proposed project will not affect li sted species in the vicinity of the project area. After reviewing the Draft Final Environmental Assessment, we are coneemed that the proposed action may affect, however is not like ly to adversely affec~ listed species. If lighting assoc iated wi th the bicycle/pedestrian path is down-shielded and lights use the shortest poles possible and do not extend above the height of existing vegetation, this will minim ize the potentia l for disorienting listed seabirds traveling to or from their montane nesting areas and minimize collisions of listed seabirds and bats \vith light poles. In order to minimize the affect o f the proposed projecl on listed waterbirds, disturbance from conslruction and increased human activity along the proposed path should be kept to a minimum. Educational TAKE PRIDE.fl:=-_, IN AMERICA~ RECEIVED MA'< -7 2007 FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations Mr. Pat Phung 2 signs should be strategically placed a long the path to inform the general public of native wildlife in the area and Kaua' i's pet leash laws. Wedge-tailed shearwaters (Puffinus pacificus chlororhynchus) may nest in littoral vegetation in the proj ect area, and nesting adults may be displaced by construction of th is path. This species is not threatened or endangered, but it is federally protected from take under the Migratory Bird Treaty Act (16 U.S.C. 703-712]. Surveys for wedge-tai led shearwaters should be completed during the peak breeding season, August through October, to determine the location of nesting adults. We agree w ith your proposed mitigation measure that ifwectge-tai led shearwaters nest along the proposed alignment, the path should be redirected to an area where wedge-tailed shearwatcrs do not nest to avoid take. We agree with your d etermination the proposed project will not affect endangered or threatened p lant species or their proposed or designated critical habitat, because to the bes t of our knowledge, no federally listed plant species or proposed or designated critical habitat are present along the proposed alignment. We appreciate your efforts to conserve endangered species. If you have questions, please contact Patrice Ashfield, Consultation and Technical Assis tance Program Coordinator (phone: 8081792- 9400; fax: 8081792-9581). Sincerely, Patrick Leonard Fie ld Supervisor FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations l l "\IH. l,.L"\C'.a.t: I• \'IJl .... ~<• llA'•iMI S TATE OF HAWAII OEPART~ft~T Ol'" LANO .ANO NA'rU'RAL RESOURCF ... S Merle D. Grimes MDG.LLC I 042 Broken Arrow C ircl e Elizabeth. CO. 80107 Dear Mr. Grimes: Ot\"ISION 0 1• tORF.~TRY A~n \\'ILOI ire KAI Al DISTRICT )060 bl\\'A STRU·.r. ROOM J06 Llll UF-~\UAl.HJ\\.VAJI Qf.766 Oc1ober 27. 2008 L .. \k'l.•1._UUl:U:"\ at.Ol-•"-f" ........... , ... ~ ................ -.i-. ....... , .. ''IU'llll"""""''"' .. _ .. ..., ......... , ....... ~ •t..~U,.\ "'l."l JI .... 1..-.n-"O .,;:~(': ~W•t11l.UIA """ O'tft>•t<• ..-.1,ua W'•'"IC-.-0' •IU•"'6•~1 .. 'IA'CrJ(;IOl ... 11 ... _,., •• _, .............. '<,"' C•-11f"l""''l\"1"JIQ. .. •ll"•,_.,..,,._)ll' ('w-...... flloN.o.<1;11('(\1\.q,U I·-l ~ n·'"-"'••v••1J>O•""'',i;'..,......_uo.,, •~1!"'11:; .. ....... ~.~~ .. , .. "''",...,_,..IN.._"1!.,. Ul""ll .... "' .. ..,.~ .. ~"" ,,_.,.,, .. ~ "". , ........ Tills lellcr summarize s findings of a seabird 11es1ing survey a n d pro"idcs for recommcndalions and con ditions fo r !he proposed "p referred alignment'' of the Abukini 10 Lydgate Park segment of tbe Kauai County Bike and Pedestri an Path (Maps I. 2, and 3). Tbe are<i sur\'cyed is the n onh side of Hanamaula bay (Map I ) along the coast and m akai of the old sugar cane road 10 the south of I Ii hon Lane (Map 3) fo r nesting acti vity by wedge-tai led shcarwmcrs (Puffe1111» vacitic1<1) o n Ju ly 22. 2008 a l 9-11 am. This species is 001 listed threa1c11ed or endangered hul is protected under the U.S. Migratory Bird Treaty Act (16 USC 703 ct seq.). The art-a d efined as p<>lygon "A~ oo Maps I (A I) a11 d 3 (A2) contains potentially suitable n eSting habitat for wedge-tailed shea rwa ter a nd is considered "occupied h abi taC based on observat ions in 2006. and 2007. The Kaua'i Di,·ision of Forestry and Wi ld life (DOFA W) has been interested in conducting a formal seabird survey fo r !he area. however. o ther projcc-cts of h ig h e r p r iori ty have t aken the forefron t. Therefore, the exact n umber of breeding pairs is wiknown a t this time. O ther areas within the aforementioned path segment are no t highly s uitable for th is species due 10 vegeta tion type <Uld lan d use histOT)'-however. care should be taken to a ssume prc-scncc anyw here along th e coast. Sea bird mortalities have been d ocum ented in Polygons "A I a nd A2" with th e likely culprit being tcral cats an<.lfor s tray dogs. People m ay cau se uni ntentional harm by walkin g theiT unleashed pets along 1h c shore line however. this ha~ not been d ocuinented. Wedge-tai led shearwaters a rc ground nes1crs and generally breed from fcb n 1ary to November. and pairs lay a single egg along coastal vegetation s uch as beach n aupaka (Scae\'a/a tuccada). ben,een rocks, and under tree roots. Bird~ l'etum after nightfall between 7:30 to 9:30 p.m. to feed and care ror the ir chick ;in d depan for the open sea early the next morning at 3:00 10 5:00 am. [tis nol un common 10 hear birds call ing or sc.-e th em O\ et"head n.:ar !heir nesting area. Based on 1he h abita t type. and recent documentatio n of nesting acth;1ics. it is recommended !hat th e proposed bike path a lignment be e ither placed on !he o ld cane road Cs) or adjacen t (makai side) to the old cane road(s ). The following conditions a rc recommended 10 avoid. minimize. and mitigate FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations for polcn tially n cga li\'C impacts to nesting s eabi rds an d their ha bitat du ring the cons troc tion pha$C as 1>ell M the lo ng-term mai ntenance o f the path project: I. The CQunt)' shQuld consult with DOFA W during final design of the path alignment. During this consullntion OOFA \V can share new biological information that co uld g11 idc pat h con<inlciion and manage ment practices (including fe ncing. predato r control/re mo' al. monitoring): 2. 111<: path alignmen t should stay "est of p olygons "A l a nd A'Z" (Mops I and 3). prcferabl) on the existing cane road: 3. Scenic ovcrloob should he 1nco'1l(lratcd nonh or south of the po lygo ns "A I a nd A2 " area~: 4 . The Cou nt) would fund design. prod uc tion. installation. and mai nocnancc of intcrprcth •c and regul atory signs per DOFAW gu idance on con tem and location. Approxi mately two (2) intcrp mi,.., signs and two (2) regul atory seabird signs are recommend<-<! for this segment of the bi ~e path (i.e . in the ,·ici ni ty o f polygo ns "A I und A.2~). DOF AW has al ready pm"idcd County and its co nsultants with some text and graphics and will conti nue assist in gu idi ng th e comeni as 11~11 as placeme nt o f the interpretive and r,-gula1ory signs a long the paoh; 5. Resto ra t io n of na1ivc coasta l vege tatio n such as beach nau paka and ot her na ti ve beach ~hrubbery is recomme nded as pan of any landsca p ing plan for th is seg me nt of th e bike pa th ; !;. 'I rec remov al within kl1own nes ting a reas s hould consult with DOFA W to dctcnn inc whethe r or no t nest ing bun·o ws arc nea r t he affected 1rec(s). W.:dge -1 ail cd S hc nrwai crs breed o n Knu:i"i l"ro 111 Fe bru ary to Nove mber a nd tree removal and ea rth dis tu rbance sho uld he nvci idcd du ring these mo nlh s u nless b io lo gical monitors are 0 11 hand to s upe rv ise ond ensure adeq ua te pro1cc 1ion o f the sp ecie s: 7. Ex isting n ati ve vcgciat ion sho uld be protected to th e max imum c xte no prac1i ca b lc ; 8. Duri n ~ oeo ns lruc lion and mai nle nancc nct ivi ties. best manage mc111 prac1 ic es (BMPs) shall he iniplt:1n..:ntcd nnll n1on itorcd lO uvo id u·a1npl ing vegctaLi o n, c1·ushing bun'O\\'$ be neath . ond c r<.-atini; paths th rough the vegetation; a nd 9. No o uid oor ligh1s sh:oll be install ed along th e path . Wilh im pl e me ntation of these mca~urcs. th e po1 entia l a dverse impac is o f the propn!led projcc110 protected wedge-tailed shcarwaters will be mitigated to less than significant lc\'cls. It is our hopes that the C11un l) of Kauai will co llaborate with DOFAW for a long,1enn scah ird habi tat manageme n t plan for the area . Sincere!)". \ Andre~ Erichsen Cc: 1l10mas Kn· iakapu. Kaua i Wildlife Manager FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations In Reply Refer To: 2009-1-0119 Mr. Pat V. Phung United States D epartment of the Interior FISII AND WILDLIFE SERVICE Pacific Islands Fish and Wildlife Office 300 Ala Moana Boulevard, Room 3-122, Box 50088 Honolulu, Hawaii 96850 FEB 2 6 2009 Federal Highways Administration 300 Ala Moana Boulevard, Room 3-306 Honolulu, Hawaii 96850 U.S. FISH A WILDLIFE SERVICE ~ Subject: Informal Consultation for the Ahukini to Lydgate Park Bike and Pedestrian Path, Kauai Dear Mr. Phung: This is in response to your f ebruary 18 , 2009, letter requesting informal section 7 consultation regarding the proposed Ahukini to Lydgate Park Bike and Pedestrian Path (proposed project) on Kauai. At issue are the potential effects of the proposed project on the endangered Hawaiian duck (Anas wyvilliana), Hawaiian moorhen (Gallinula chloropus sandvicensis), Hawaiian coot (Fulicia alai), and Hawaiian stilt (Himantopus mexicanus knudseni) (collectively referred to as waterbirds), Hawaiian goose (Branta sandvicensis), Hawaiian petrel (Pterodroma sandwichensis), hawksbill turtle (Eretmochelys imhricata), Hawaiian hoary bat (Lasiurus cinereus semotus), and the threatened Newell's shearwater (P~ffinus auricularis newelli) and green sea turtle (Chelonia mydas). The wedge-tailed shearwater (Puffinus pacificus), a species protected by the Migratory Bird Treaty Act (MBT A), may also be impacted by this project. We used the following information in our review of the proposed project: (1) your February 18 , 2009, letter; (2) email correspondence with your non-federal representative, Mr. Merle Grimes ; (3) telephone and email correspondence between Mr. Dough Haigh from the County of Kauai Department of Public Works and Ms. Megan Laut from the U.S. Fish and Wildlife Service (Service); ( 4) the November 22, 2005 , Draft Envirorunental Assessment for the proposed project, and; (5) other information availabl e to us. Project Descri ption The proposed project includes the development of a recreational path from Ahukini Point to Lydgate Park, and is one segment of the County of Kauai 's Nawiliwili to Anaholola Bike and P edestrian Path. The purpose of the proposed project is to support alternative forms of transportation, to connect important destinations, and to preserve coastal areas and access. In general, the proposed project will be constructed along or adjacent to existing paths or roads , will be 10 to 12 feet wide, and will be constructed of concrete or other low-maintenance materials. TAKE PRIDE®i:f-: ..t I NA_MERICA~ Mr. Pat V. Phung 2 No additional lighting will be installed, except where described below, and interpretive signs will be developed at numerous locations along the path. Conservation Measures Potential impacts to protected species from the proposed project could occur as a result of: construction-related impacts; increased interactions with humans; increased interactions with feral animals due to larger populations from food in trash cans or "cat feeding colonies"; interactions with dogs ; and increased nighttime lighting. Beneficial impacts to protected species could include increased public awareness about protected species, their threats, and recovery needs as a result of the information kiosks ; greater identification with these resources from the opportunity to view them in the wild; and the protection of nesting habitat. The following conservation measures, developed in cooperation with the Service, and proposed in the consultation request letter will offset project impacts and avoid adverse effects to the listed species reviewed in this informal consultation. Conservation measures are considered part of the project description. Any changes within or failure to implement these conservation measures may result in the need to reinitiate section 7 consultation . The following is a summary of the conservation measures described in your February 18, 2009, letter. • The Cow1ty of Kauai has begun an 18-month trial allowing leashed dogs on a different segment of the path 1 • The success of the program will be monitored for application to the entire path. The County will post signs, including specific information describing Section 19-1.4 of the County Code relating to "General Prohibitions Applicable to all Parks and Recreational Facilities" in five different locations of this segment of the path. Rules for this trial include: (1) dogs must be on a leash no longer than 6 feet, retractable leashes are not allowed; (2) a person may not walk more than two dogs at a time; (3) dogs must wear a valid license on their collar; ( 4) a dog must be removed from the path if it exhibits aggressive behavior; and, (5) feces must be picked up and disposed of in a waste recepticle. Violation of the rules can result in fines and court hearings. The regulations above are expected to be the minimum requirements established for the proposed project, results from the monitoring period will serve to develop additional recommendations, and will serve to avoid impacts to protected species from loose domestic dogs. • To educate the public about protected species, informational signs will be instaUed at numerous locations along the path. Locations will be determined during the design phase and in cooperation with the Service and other interested parties such as Hawaii Division of Forestry and Wildlife. • To prevent increases in populations of non-native mammalian predators (domestic and feral cats, and feral dogs), feeding stations for these animals will be strictly prohibited and signs will be posted at the locations listed above. Sturdy animal-proof garbage containers will prevent food scraps and other refuse from serving as additional food sources for house mice, rats, cats, and dogs. Garbage will be picked up on a regular schedule. 1 County of Kauai. News Release November 25, 2008. County prepares for dogs on bike path. 2pp. Mr. Pat V. Phung 3 • To increase public awareness about protected species, content of the informational signs will include basic biology, habitat, and behavior of species. Threats to protected species from human interaction (harassment, feeding, and habitat destruction), loose or uncontrolled dogs, and feral or loose domestic cats will also be described. The importance of keeping dogs leashed will be emphasized and the signs may include photographs of depredated birds. Instructions on what to do if a downed or injured bird is found, will be included. Because the Save Our Shearwater program occasionally receives healthy wedge-tailed shearwater chicks, the signs may contain information to help the public differentiate between a healthy nestling wedge-tailed shearwater sitting outside its burrow and an injured bird. Relevant local , State and Federal laws and penalties will be posted, as will the logos of related agencies. • No lighting will be installed along the pathway between Ahukini Landing and Hilton Lane. • If the proposed comfort stations are developed at Ahukini Landing, Hanamaulu, and Marine Camp, the facilities will include nighttime lighting that will be the minimum required for safety. Lighting will be low-intensity and down-shielded to minimize attraction of shearwaters and petrels. Lighting will not be directed toward the ocean or beaches to prevent sea turtle disorientation. • Nighttime construction is not anticipated, but if it does occur, lighting will be downward facing and shielded. Nighttime work will cease during the shearwater and petrel fledging period, October 1 through December 15. • If nighttime construction does occur, impacts to seabirds will be reduced by implementing a seabird fallout monitoring program. All staff assoc iated with the project will be educated about seabird fallout and how to respond if a downed bird is located. A cat kennel will be kept on site to temporarily hold downed birds, and the Service and the Save Our Shearwaters program will be contacted if a bird is found. • To avoid impacts to nesting waterbirds and the Hawaiian goose, a biologist familiar with these species will conduct surveys no more than three days prior to the beginning of construction and after any delay in work of three or more days during which waterbirds may attempt nesting. • If a nest is discovered, work will cease within a minimum radius of I 00 feet of the nest for a minimum of 60 days. If a nest with chicks is discovered, work will cease for 30 days. The Service will be contacted within 24 hours. • If a previously undiscovered nest is found after work begins, work with cease within a minimum radius of 100 feet of the nest and the Service will be contacted within 24 hours. • The removal of large mature trees wil 1 be minimized. If tree removal is associated with the proposed project, trees will not be removed during the Hawaiian hoary bat pupping season (July I to September 30), to avoid impacts to Hawaiian hoary bats. A qualified biologist with documented experience conducting Hawaiian hoary bat surveys will Mr. Pat V. Phung perform surveys three or fewer days prior to tree removal. If bats are present in the area, tree removal will be postponed until bats are no longer detected in the area. 4 • According to email correspondence from Mr. Grimes, a 10-foot tall safety fence will be installed along the 5th tee box, 10th fairway, and 12th green ofWailua Golf Course and will be either a solid fence or a chain-link fence with I-inch fabric woven into the links. In addition, trees, shrubs, and other vegetation will be planted in order to screen the fence. • The Best Management Practices for Construction Related projects listed in the Biological Evaluation will be implemented to prevent erosion and siltation and to protect near shore marine resources. Summary Hawaiian Waterbirds and I Jawaiian Goose Endangered waterbirds and the Hawaiian goose use areas in close proximity to portions of the proposed project for loafing, foraging, and nesting. As a result of the proposed project, they will likely have increased exposure to humans and dogs, if dogs are allowed on the trail. The conservation measures described above will avoid impacts from construction of the trail, the information contained at the kiosks should increase public awareness about these listed species, and County of Kauai regulations related to dogs in public facilities and the monitoring program will address potential impacts from pet dogs. Therefore, we concur that the proposed project is not likely to adversely affect the Hawaiian duck, Hawaiian coot, Hawaiian moorhen, Hawaiian stilt. or Hawaiian goose. Hawaiian Hoary Bat The Hawaiian hoary bat is likely to occur in the vicinity of the proposed project. If l arge trees are cut, construction activities related to the project will avoid impacts to bats during the pupping season. Therefore, we concur that the proposed project i s not likely to adversely affect the Hawaiian hoary bat. Newe/l 's Shearwater, Hawaiian Petrel, and Wedge-Tailed Shearwater The Newell's shearwater and Hawaiian petrel are nocturnal species known to collide with tall objects at night when moving between feeding areas at sea to upland nesting areas. Of particular concern are fledging seabirds, which are attracted to artificial lights and they fly around the light source until they either collide with a tall object such as an adjacent building, light pole, wire, or fall to the ground from exhaustion. Once grounded, they are vulnerable to predators or often struck by vehicles along roadways. The construction phase of the proposed project is anticipated to occur during daylight hours. If nighttime construction is planned , it will not occur during the listed seabird fledging period. If night construction occurs during other times of year, a downed seabird monitoring program will be implemented as described above. Infonnation kiosks will increase awareness of these elusive species. Because of the minimization measures described above. we concur that the proposed project is not likely to adversely affect the Newell's shearwater or the I Iawaiian petrel. The wedge-tailed shearwater is not listed as endangered , but is protected under the Migratory Bird Treaty Act. It is similar to the Hawaiian petrel and Newell's shearwatcr in its nocturnal habits. The minimization measures developed for the Hawaiian petrel and Newell's shearwater Mr. Pat V. Phung 5 will also benefit the wedge-tailed shearwater. A population of wedge-tailed shearwaters occurs near the proposed project in the vicinity of Ilanamaula Bay and makai of the old sugar cane road south of Hilton Lane. According to your February 18, 2009, letter, recommendations made by Hawaii Division of Forestry and Wildlife in a Jetter dated November I 8, 2008, regarding the alignment of the path, measures to avoid disturbing the birds during construction, planting the area with native vegetation, avoiding the installation of lights, and the installation of informational signs in the vicinity of the breeding colonies will be implemented. Green Sea Turtle and Hawksbill Sea Turtle Green sea turtles and hawksbill sea turtles use the near shore waters for foraging and haul out on the sandy beaches adjacent to the proposed project. The beaches are currently open to the public and a significant increase in human interactions with these species is not expected. All additional lighting associated with the project will not project on the ocean or beach, and will minimize disorientation of turtles . Therefore, we concur that the proposed project is not likely to adversely affect the green sea turtle or the hawksbill sea turtle. We appreciate your efforts to protect listed species. Unless the project description changes, or new information reveals that the effects of the proposed action may affect listed species in a manner or to an extent not considered, or a new species or critical habitat is designated that may be affected by the proposed act ion, no further action pursuant to the Endangered Species Act is necessary. If you have questions or would like additional information regarding these comments, please contact Fish and Wildlife Biologist Megan Laut by telephone at (808) 792- 9400. Sincerely, lttr Patrick Leonard ~ -Field Supervisor FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations June 1, 2009 Mr. Patrick Leonard Field Supervisor United States Department of the Interior Fish and Wildlife Service Pacific Islands Fish and Wildlife Office 300 Ala Moana Boulevard, Room 3-122, Box 50088 Honolulu, Hawaii 96850 Re: Ahukini to Lydgate Park Bike/Pedestrian Path Project Dear Mr. Leonard: I am in receipt of your February, 2009 letter to Mr. Pat Phung with the FHWA regarding Informal consultation for the Ahukini to Lydgate Park Bike and Pedestrian Path project on Kauai. As the project consultant under contract with the County of Kauai to complete the Environmental Assessment for this project, we acknowledge and agree to the conservation measures that you outlined in the correspondence. Your letter and this response will be included in the Final Environmental Assessment document. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Merle D. Grimes Principal, MDG, llc Cc: Doug Haigh us. Department Hawaii Federal-Aid Division cl li'a1sportation Federal Highway Administration Loyal Mehrhoff Field Supervisor U.S. Fish and Wildlife Service 300 Ala Moana Boulevard, Room 3-122 Honolulu, HI 96850 August 27, 2013 Subject: Informal Section 7 Consultation 300 Ala Moana Blvd, Rm 3-306 Box 50206 Honolulu, Hawaii 96850 Phone: (808) 541-2700 Fax: (808) 541-2704 In Reply Refer To: HD A-HI Ahukini to Lydgate Bicycle and Pedestrian Path Project, Kaua'i, Hawai'i Federal-aid Project No. STP-0700(51) Dear Dr. Mehrhoff: The purpose of this letter is to summarize Section 7 informal consultation efforts that have occurred since 2007 and to request your concurrence with the Federal Highway Administration's (FHW A) recommendation that a not likely to adversely affect impact finding is appropriate for the proposed project on listed, endangered, and threatened species or designated habitat. Background The County of Kaua'i, Department of Public Works, in coordination with the State of Hawai'i Department of Transportation (HDOT), is proposing the Ahukini to Lydgate Park Bicycle and Pedestrian project. The proposed action involves constructing a multi-use path for bicyclists, pedestrians, and other users between Ahukini Point and Lydgate Park along Kaua'i's eastern coastline. The FHW A is designated as the lead federal agency for this project. The Draft Environmental Assessment (DEA) was published in the Office of Environmental Quality Control Bulletin on December 8, 2005. A Draft Final EA responding to all comments has been prepared, but has not yet been published. A finding of no significant impact (FONSI) was rendered under the state review process. A FONSI under the National Environmental Policy Act has not yet been made and is subject to review by the FHWA as the lead federal agency. Summary of Informal Section 7 Consultation The FHW A previously determined that the proposed project would have no effect on threatened or endangered species as communicated via a letter dated April 2, 2007, from Mr. Pat Phung to Mr. Patrick Leonard. In a response to FHWA on May 4, 2007, Mr. Leonard disagreed with the no effect determination and expressed concerns that the proposed project may affect, however was not likely to adversely affect, listed species in the vicinity of the proposed path alignment. A number of mitigation measures were proposed by Mr. Leonard for the project in order to minimize disturbances during construction and mitigate the effects of longer-term increased human traffic along the path alignment on wildlife. In a letter dated June I, 2009, Mr. Merle D. Grimes (the authorized agent of the County Department of Public Works) acknowledged receipt of Mr. Leonard's letter and accepted the following proposed mitigations measures for inclusion in the Draft Final EA: • No outdoor lights will be installed along the path. • In order to minimize the potential for disorienting listed seabirds and collisions of listed seabirds and bats with light poles, lighting at the comfort stations will be shielded. The lights will be mounted on the shortest poles possible so as not to extend above the height of the existing vegetation. 2 • The County of Kaua'i will work with the Department of Land and Natural Resources , Division of Forestry and Wildlife (DOFAW) on two interpretative signs and two regulatory seabird signs using DOFA W-provided text and graphics. Educational signage will be incorporated where appropriate to inform the public of the marine environment and the species that live there . Educational signage will also include wildlife viewing guidelines as part of the County of Kaua'i's interpretive sign program titled "Sign Requirements for Proposed Bikeway/Walkway." • Signage reflecting all rules for the shared use path will be posted. Considering the information provided herein, the FHW A seeks concurrence that the proposed action is not likely to adversely affect listed, endangered, and threatened species or designated habitat. A response within 30 calendar days of receipt of this letter would be greatly appreciated. If you have any questions, you may contact me at (808) 541-2316 or by email at meesa.otani@dot.gov. The HDOT project manager is Christine Yamasaki and she may be contacted at (808) 692-7572 or by email at christine.yamasaki@hawaii .gov . The contact at the County of Kaua 'i is Douglas Haigh and he may be contacted at (808) 241-4849 or by email at dhaigh@kauai.gov. Thank you for your assistance. cc: Ms. Holly Yamauchi, HOOT Sincerely yours, ~:/i-Meesa T. Otani Environmental Engineer Mr. Douglas Haigh, County of Kaua 'i Page 8-32United States Department of the Interior In Reply Refer To: 2013-1-0436 Ms. Meesa T. Otani Environmental Engineer FISH AND WILDLIFE SERVICE Pacific Islands Fish and Wildlife Office 300 Ala Moana Boulevard. Room 3-122 Honolulu. Hawai'i 96850 U.S. Department of Transportation Federal Highway Administration 300 Ala Moana Boulevard. Room 3-306 Honolulu. Hawai 'i 96850 OCT 2 5 2013 Subject: Informal Consultation for the Ahukini to Lydgate Bicycle and Pedestrian Path Project, Kaua 'i Dear Ms. Otani: The U.S. Fish and Wildlife Service (Service) received your letter on August 27, 2013, requesting our concurrence with your determination that the Ahukini to Lydgate Bicycle and Pedestrian Path project will is not likely to adversely to affect listed endangered and threatened species or designated habitat. The findings and recommendations in this consultation are based on (I) your August 27. 2013 letter; (2) email correspondence dated September 26, 2013; (3) the Service's February 26, 2009, Informal Consultation for the Ahukini to Lydgate Park Bike and Pedestrian Path letter; and (4) other information available to us. A complete administrative record is on file in our office. This response is in accordance with section 7 of the Endangered Species Act of 1973 (Act). as amended (16 U.S.C. 1531 et seq.). At issue arc the potential effects of the proposed project on the endangered Hawaiian petrel (Pterodroma sandwiclzensis), threatened Newell's shearwater (Puffinus auricu/aris newelli). and a candidate for listing. the band-rumped storm petrel (Oceanodroma castro) (collectively referred to as Hawaiian seabirds). endangered Hawaiian duck (Anas wyvilliana). endangered Hawaiian moorhcn (Gal/inula ch/oropus sandvicensis), endangered Hawaiian coot (Fulicia a/ai). and endangered Hawaiian stilt (Himantopus mexicanus knudseni) (collectively referred to as Hawaiian waterbirds), endangered hawksbill turtle (Eretmochelys imbricara) and threatened green sea turtle (Chelonia mydas) (collectively referred to as Hawaiian sea turtles). endangered Hawaiian goose (Bra/1fa sandvicensis). and endangered Hawaiian hoary bat (Lasiurus cinereus semotus). The wedge-tailed shcarwatcr (Pu.ffinus pacificus), a species protected by the Migratory Bird Treaty Act [16 U.S.C. 703-712] (MBTA). may also be impacted by this project. TAKE PRIDE~l!f: .# INAMERICA~ Ms. Meesa T. Otani Project Description The County of Kaua'i. Department of Public Works. in coordination with the State of Hawai'i Department of Transportation (HOOT). is proposing the Ahukini to Lydgate Park Bicycle and Pedestrian project. The proposed project i ncludes the development of a multi-use path for bicyclists. pedestrians. and other users between Ahukini Point and Lydgate Park along Kaua'i's eastern coastline. The Federal Highway Administration (FHWA) is designated as the lead federal agency for this project. Summary of Correspondence for Section 7 Consultation 2 The FHW A previously determined in a letter dated April 2. 2007. that the proposed project would have no effect on threatened or endangered species. Our response to FWHA on May 4. 2007 disagreed with the no effect determination and recommended measures to minimize the effects of the proposed project to Hawaiian seabirds. Hawaiian waterbirds. Hawaiian bat , and federally protected migratory seabirds. As described in your February 18 , 2009 letter, the County of Kaua'i implemented an 18-month trial allowing leashed dogs on a different segment of the path. The success of the program was supposed to be monitored for application to the entire path. The County should have posted signs. including specific information describing Section 19-1.4 of the County Code relating to "General Prohibitions Applicable to all Parks and Recreational Facilities" in five different locations of this segment of the path. Rules for this trial included: (I) dogs must be on a leash no longer than 6 feet. retractable leashes are not allowed: (2) a person may not walk more than two dogs at a time ; (3) dogs must wear a valid license on their collar; (4) a dog must be removed from the path if it exhibits aggressive behavior; and, (5) feces must be picked up and disposed of in a waste receptacle. Violation of the rules would result in fines and court hearings. The regulations above were expected to be the minimum requirements established for the proposed project. results from the monitoring period would serve to develop additional recommendations. and would serve to avoid impacts to protected species from loose domestic dogs. We are unaware of the results of the trial and request updates on this information. Conservation Measures The following measures identified in your email will be implemented at the project site to avoid and minimize effects to Hawaiian seabirds, Hawaiian waterbirds , Hawaiian sea turtles, Hawaiian goose, Hawaiian hoary bat, and the wedge-tailed shearwater. These conservation me asures are considered part of the project description. Any changes to. mod ifications or, or failure to implement these conservation measures may result in the need to reinitiate this consultation. • To educate the public about protected species. the County of Kaua'i will work with the Department of Land and Natural Resources , Division of Forestry and Wildli fe (DOFA W) to de s ign and install two interpretative signs a nd two regulatory seabird signs using DOFA W-provided text and graphics. Educational signage will be incorporated where appropriate to inform the public of the marine environment and other species that utili ze the coastal environment. Educational signage will also include wildlife viewing guidelines as part of the County of Kaua'i's interpretive sign program titled "Sign Requirements for Proposed Bikeway/Walkway." Ms. Meesa T. Otani 3 • Signage reflecting all rules for the shared use path will be pennanently installed. • To prevent increases in populations of non-native mammalian predators (domestic and feral cats. and feral dogs), feeding stations for these animals will be strictly prohibited and signs will be posted at the locations listed above. Sturdy animal-proof garbage containers will be installed and maintained to prevent food scraps and other refuse from serving as additional food sources for house mice. rats. cats. and dogs. Garbage will be picked up on a regular schedule. • To increase public awareness about protected species, content of the infonnational signs will include basic biology. habitat. and behavior of species. Threats to protected species from human interaction (harassment, feeding , and habitat destruction), loose or uncontrolled dogs , and feral or loose domestic cats will also be described. The importance of keeping dogs leashed will be emphasized and the signs may include photographs of depredated birds. Instructions on what to do if a downed or injured bird is found. will be included. Because the Save Our Shearwater program occasionally receives healthy wedge-tailed shearwater chicks, the signs shall contain information to help the public differentiate between a healthy nestling wedge-tailed shearwater sitting outside its burrow and an injured bird. Relevant local, State and Federal laws and penalties will be posted , as will the logos of related agencies. • No outdoor lighting will be installed along the pathway. • If proposed comfort stations are developed at Ahukini Landing. Hanamaulu. and Marine Camp. the facilities will include nighttime lighting that will be the minimum required for safety. Lighting will be low-intensity and down-shielded to minimize attraction of Hawaiian seabirds. The lights will be mounted on the shortest poles possible so as not to extend above the height of the existing vegetation to minimize collisions of Hawaiian seabirds and Hawaiian hoary bat. Lighting will not be directed toward the ocean or beaches to prevent Hawaiian sea turtle disorientation. • Nighttime construction is not anticipated , but if it docs occur, lighting will be downward facing and shielded. Nighttime work will cease during the shearwater and petrel fledging period, October I through December 15. • If nighttime construction does occur, impacts to seabirds will be reduced by implementing a seabird fallout monitoring program . All staff associ ated with the project will be educated about seabird fallout and how to respond if a downed bird is located. A cat kennel will be kept on site to temporarily hold downed birds. and the Service and the Save Our Shearwaters program will be contacted if a bird is found. • To avoid impacts to nesting Hawaiian waterbirds and the Hawaiian goose, a biologist familiar with these species will conduct surveys no more than three days prior to the Ms. Mecsa T. Otani 4 beginning of construction and after any delay in work of three or more days during which Hawaiian waterbirds may attempt nesting. • If a nest is discovered. work will cease within a minimum radius of I 00 feet of the nest for a minimum of 60 days. If a nest with chicks is discovered. work will cease for 30 days. The Service will be contacted within 24 hours of discovery. • If a previously undiscovered nest is found after work begin s . work with cease within a minimum radius of I 00 feet of the nest and the Service will be contacted within 24 hours. • The removal of large mature trees will be minimized. If tree removal is associated with the proposed project, trees will not be removed during the Hawaiian hoary hat pupping season (July I to September 30). to avoid impacts to Hawaiian hoary bats. A qualified biologist with documented experience conducting Hawaiian hoary bat surveys will perform surveys three or fewer days prior to tree removal. If bats are present in the area. tree removal will be postponed until bats are no longer detected in the area. • According to previous correspondence. dated February 26, 2009. the conservation measures included a I 0-foot tall safety fence to be installed along the 5th tee box , 10th fairway , and I ih green of Wailua Golf Course and would be either a solid fence or a chain-link fence with I-inch fabric woven into the links. In addition . trees, shrubs. and other vegetation would be planted in order to screen the fence. • The Best Management Practices for Construction Related projects listed in the Biological Evaluation will be implemented to prevent erosion and siltation and to protect near shore marine resources. Hcnvaiian Waterbirds and Hawaiian Goose Endangered waterbirds and the Hawaiian goose use areas in close proximity to portions of the proposed project for loafing, foraging, and nesting. As a result of the proposed project. they will likely have increased exposure to humans and dogs. if dogs are allowed on the trail. The conservation measures described above will avoid impacts from construction of the trail. the information contained at the kiosks should increase public awareness about these listed ~pecies. and County of Kauai regulations related to dogs in public facilities and the monitoring program will address potential impacts from pet dogs. Therefore. we concur that the proposed prqject is not likely to adversely affect the Hawaiian duck. Hawaiian coot. Hawaiian moorhen. Hawai ian stilt. or Hawai ian goose. Hawaiian Hoarr Bat The Hawaiian hoary bat is likely to occur in the vicinity of the proposed project. The Hawaiian hoary bat roosts in both exotic and native woody vegetation and, while foraging. will leave young unattended in "nursery" trees and shrubs. If trees or shrubs suitable for bat roosting are cleared during the breeding season. there is a risk that young bats could inadvertently be harmed Ms. Meesa T. Otani or killed. By implementing the above conservation measures. we concur the proposed project is not likely to adversely affect Hawaiian hoary bats. Hawaiian Seabirds and Wedge-tailed Slzeanvater 5 Hawaiian seabirds and wedge-tailed shearwater Jly at night and are attracted to artificially- lighted areas that can result in disorientation and subsequent fallout due to exhaustion or collision. Seabirds arc also susceptible to collision with objects that protrude above the vegetation layer when traversing between the ocean and their mountainous breeding areas. such as utility lines, guy-wires. and communication towers . Additionally. once grounded. they are vulnerable to predators and are often struck by vehicles along roadways. Any increase in the use of nighttime lighting. particularly during each year's peak fallout period (September 15 through December 15). could resull in additional seabird injury or mortality. The construction phase of the proposed project is anticipated to occur during daylight hours. If nighttime construction is planned. it will not occur during the listed seabird fallout period. If night construction occurs during other times of year, a downed seabird monitoring program will be implemented as described above. Information kiosks will increase awareness of these elusive species. By implementing the above conservation measures, we concur the proposed project is not likely to adversely affect Hawaiian seabirds and the wedge-tailed shearwater. A population of wedge-tailed shearwaters occurs near the proposed project in the vicinity of Hanamaula Bay and makai of the old sugar cane road south of Hilton Lane. Wedge-tailed shearwaters nest in littoral vegetation along coastlines. Nesting adults, eggs, and chicks are particularly susceptible lo impacts from human disturbance and predators. According to your February 18 , 2009. letter, recommendations made by Hawaii Division of Forestry and Wildlife in a letter dated November 18. 2008, regarding the alignment of the path, measures to avoid disturbing the birds during construction , planting the area with native vegetation , avoiding the installation of lights , and the installation of informational signs in the vicinity of the breeding colonies will be implemented. If it is found that wedge-tailed shearwaters nest along the proposed alignment. the path should be redirected to an area where they do not nest to avoid adverse impacts. Hawaiian Sea Turtles Hawaiian sea turtles use the near shore waters for foraging and haul out on the sandy beaches adjacent to the proposed project. Sea turtles are susceptible to artificial lighting that can disorient turtles away from the ocean. Sea turtles come ashore to nest on beaches from May through September. peaking in June and July. Optimal nesting habitat is a dark beach free of barriers that restrict their movement. Nesting turtles may be deterred from approaching or laying successful nests on lighted or disturbed beaches. If they do come ashore. they may become disoriented by artificial lighting, leading lo exhaustion and placement of a nest in an inappropriate location (such as at or below the high tide line where nests are unlikely to be successful). Hatchlings that emerge from unprotected nests may be disoriented by art ific ia l lighting. In addition. turtle nests and hatchlings are susceptible to human disturbance and predation by feral mammals such as small Indian mongoose (He171estes auropunctatus). cats (Fe/is catus). and dogs (Canisfamiliaris). The beaches are currently open to the public and a significant increase in human interactions with these species is not expected. All additional Ms. Mecsa T. Otani 6 lighting associated with the project will not project on the ocean or beach, and will minimize disorientation of turtles. Therefore. we concur that the proposed project is not likely to adversely affect Hawaiian sea turtles. Summary We concur that the proposed project may affect, but is not likely to adversely affect Hawaiian seabirds, Hawaiian waterbirds. Hawaiian sea turtles. Hawaiian goose. and Hawaiian hoary bat based on the implementation of the aforementioned conservation measures. Should project plan s change. or if additional information becomes available. we recommend you contact our office so that we may assist you in re-as sessing project impacts . If you have questions regarding this consultation. please contact Jiny Kim. Fish and Wildlife Biologist (phon e : 808-792-9400: fax: 808-792-9581 ). Sincerely , ~<1-Loyal Mehrhoff Field Supervisor FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations April 6, 2009 Mr. Robert Deroche U.S. Army Corps of Engineers Honolulu District (CEPOH-EC-R) Ft. Shafter, Hawaii 96858-5440 Re: Kauai Bicycle and Pedestrian Path – Determination of Jurisdictional Wetlands Dear Mr. Deroche, My firm, Merle D. Grimes, llc is under contract with the County of Kauai to complete an Environmental Assessment for the Ahukini to Lydgate Park Bicycle and Pedestrian Path project. Toward that goal, we have completed the Draft EA and are currently in the process of completing the Final EA. The path will cross over a drainage ditch that is located adjacent to the gravel road portion of Hilton Lane. The ditch is approximately 10 feet wide (top of bank to top of bank) and approximately five feet deep at the location of the proposed ditch crossing (Refer to photos). Vegetation and debris are routinely removed from the ditch to facilitate drainage. The ditch drains storm runoff from the gravel road and immediate surrounding area toward the ocean that is located approximately 1000 feet from the proposed ditch crossing. The main drainage for the abandoned agricultural field located mauka from the ditch is a canal that runs north and parallel to Hilton Lane (Refer to Tile Map 3). The canal passes under Kauai Beach Drive, then under an existing concrete box culvert before turning makai at the southwest corner of the existing Moto Cross/Marine Camp Park, where it flows between the Hilton Hotel and Marine Camp Park to the ocean. A concrete pipe culvert is being recommended to provide for the path crossing of the ditch. The path is 12 feet in width and the culvert would be approximately 18 feet in length. Since the focus of our work is completing the Environmental Assessment, the actual design and engineering of the path and culvert will be at a latter date. The County of Kauai would like a Determination of Jurisdictional Wetlands from the USACE regarding the proposed ditch crossing. Your response within 30 days would be greatly appreciated. Thank you for your attention to this matter. If you should have any questions regarding this request, please contact me at your convenience. Merle Grimes FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX A Federal Consultations Photo looking makai along Hilton Lane. The drainage ditch is to the right of the road. Earth and debris from recent ditch cleaning can be seen along the ditch. The proposed culvert path crossing is located approximately 25 feet past the end of the guardrail. Photo looking mauka with the ditch on left of the road. Hau Trees are the dominant species where the proposed culvert crossing will be located near the existing guardrail toward the bend in the road. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX A Federal Consultations Photo view of the bottom of the ditch at the proposed culvert crossing. FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations Rosulatory Branch Merle Grimes DEPARTMENT OF THE ARMY U,t. I.AMY CORP$ OP ENGINEERS, HONOLULU OISl'AICT rOl'T SHAfTliA, HAW.111- July 8, 2009 1042 Broken Arro·• Clrtlc Eliiabeth , r,o l!O I07 Deur Mt'. Urimei: P011·2009·0(il94 Tn ii is in response to your Email cormponden<Xl o: May 6, 200? requ"'1in9 a Oqi:utmem of the Army (DA)Ju-isdictional Dcitnni11.1:ioo (JO) for propolOO culva1 rcplocerucot for Ute Kuual llicyd e and Pcrlcstrian Path over an u.n·namcd di 1ch adjacent lo Hilton La1c, neut l,1huc, blandofKawi, lb1'aii. Your prop<>!~~ project 1'4S n:vit"cd pmuanl IO Section 10 of tho Ri•"tlS and Harbors ACI of 1899 (Sccl'M IO)and Section 404 oflhe Clc1111 WAier Act (Section 404). Section IO req uires thul a DA rennit be ob:abcd for certain Strudures or 11\llt in 11t afl'ectmg ru•:gable wa1en of l~e United Sta:cs (U.S.), prio: to ci1nducting the work (33 U.S .C. 403). Nsvigablc w111ers of lhe U.S . arcl ltvsc wntm :!Object 10 thccbb l'lnd flow ofthctideshorewud to tile main high water mart, r.OC/or ocher w111ers id<ntifial as na11gablc hy ~''Honolu lu Dlitrir.I. Ii addilio 1~ a Secti on 10 p1.11nit is required fo r Slructumi or work 0111>iile 1hi$ limrt iftheyafTcct the co.rr1e, lo.-:111io~, or oond~im ofa1e vatcrbody u to its navigable capacit}» Som~ tyyic!l cxillllp les ofstruct ures or work rcqu11log Section 1 O pennilS within dlls jurisdictional arcn ;ndude heac~ nourishmcn~ boat r.r1ps, brc..Xwalctt, bulkhe.ids, drul~e. filtin& or disc~ng material Sl!::h as wid, grovel or stones, groi ns ond jetties. mooring buo}'$, piers (~eason~I nrpcrmanen1). placement of riprop fur WHve protection Of streaablnt itabilitaiion, bell hoislJ, pilinJJ and COO!Olrudion of muiM facilities . Soctlon 404 rtq•ires th•1 a OA permi t be obtained for the plucemcnl or dlsch'"SO of dre<lgcd aml/ur iill matcrfal into wou.-r1 oft'."te US., inchiding wetlands, prior to c:onduc.'ling the work (J3 U.S.C. 1344). l'ir •"!,'lllatcry purposes, tliu U.S. Aruiy C'arps ofEnginccrs (Corps) de fi nes wcll nnds as thos: u:eM thOt arc inuuJotcd nr uturated b~ surfa<-e or l."'Jndllal:r at a lfequcn~y and duration suflcicllt to support, ruld under nomial circumstances do 11Upport, a prcvn lencc of vegctution typi ca lly ndnptcd ror lit\: in satJ111ted soil col\\111.ons. T.ic area ofCol'f'$ jurisdietio~ under Sallion *extends tn tht MC/Ill Higher HJ¥)1 Tide Llnc (MHHTL) or to 11., Ordinary High Watci· Mork (OHWM) fo r navigllble wuters other ihan the PocificOce1.11, Md to thf upla11d bound1ryof anyadj11<ct.l wetlands. Project• in,'<>lvin& dio;charJii:s 1ypiu:1lly include placement or• lill niaterlal fur Jome~ 11nd tandsc.1pl11N, i11111o unc.m'""ts, causewayi, ro~~ tills. dams and dikes, riprA~, groins, b:cnkwat=rs, ~e1mcn1S, and be<ich IJOllrishmeiu. Sectlon 404 also rcl:lllutes discl1a:ses or d~Jl(\(I matcriol lncidenlal 10 certain n~1i~ltlcs such 11~ wading. mechanized FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations landclcaring. dilching or oilier excavation octivily, and the ins1allation of cenuin pile-supported s1n1c1ures. The un-namcd di1ch nt th is locution is not considered a navigable water of the U.S. und therefore a See1ion 10 permit is not required. While we have determined lhat the ditch ot this loca1ion is not considcnxl n naviflllble water of lhe U .S ., we hnve determined lhot the dis charge o f any fill mat erial as pan of lhe proposed culvert replacement may have the potential 10 impact th e ph)l"icnl, chemical. or biological in1cgri1y of a traditional navigable water of the U.S. und will require o permil under Scction 404 W>d you wiU need 10 apply for and receive outhorfaalion from the Corps prior 10 starting such work. A mop of the site is enclosed. You moy access our website al h11n;l/www poh.usacc,nony.mjl/EC-R/EC -R .h111110 download copies of the DA permit application materials that you will need lo eomplc1c :ind submit to us in order to requcsl authorization 10 perform any activities falling under the Corps' jurisdiction. As described in the application materials, you will need 10 include plan and cross-section view drawings of your proposed work in 8 1/2 x I I inch format . Our assertion of jurisdiction is based on our documenta1ion 1ha1 the wa1erbody in question is a water of the Uni1cd Slates :ind rccogni1ion that the use, degradation, or destruction of this watcrbody could affect interstate commerce. This letter contains nn approved 10 for the site in question. If you object 10 this dctcnnination, you may request an AdministTative Appeal under Corps regulations at 3 3 Code or Federal Regulations (CF'R) Pan 33 l . We hove enclosed o Notification of Appeal Proccs~ nn d Request For Appeal (NAP/RFA) form . If you request to appeal lhis determination you must submit o completed RFA form to the Corps' Pacific Ocean Division office at followinJ; address: •11tom Lichle, Appcul s Review Officer U.S. Anny Corps of Engineers Pacific Ocean Division, ATTN: CEPOD-PDC Building 525 Fon Shat\cr, HJ 96858-5440 In order for on NAP/RFA to be accepted by the Corps, the Corps must de1cnnine that the RFA is complete, 1ha1 it meets the cri teria for appeal under 33 CFR Port 331.S, and that ii has been received by the Division office within 60 days of the date of the NAP/RF A sheet. If you decide 10 submit an NAPIRFA ferm, it must be received a t the above address by September 6 , 2009. his not necessary to submit an NAP/RFA form to the Division office if you do not object to the dctcrminotion in this letter. You mny contnc1 Mr. Lichte at (808) 438-0397. This jurisdiction determination is valid for a period of five (S) years from the dn1c of this lcltcr unless new informntion warrants revision of the delineation before tho expiration date. Thank you for giving us the opponunity 10 review this proposal 1111d for your cooperation with our regulatory progntm . Please be advised you can provide comments on your experience with FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations .3. the Honolulu District Regulatory Branch by oocessing our web-based customer survey fomt at http ://per2.nwo.usace.army.mll/survey.html. Should you have any questions, please contact Mr. Robert Deroche of this ofiice at the abov• address or telephone 808438-2039 (FAX: 808-438-4060) or by E-Mail ot mhC!l .d.dcroche2/@usa00 aanv.mjl. Please refer to File No. POH -2009·00194 in all future comm unications \vith this office regarding this or other projects 01 this location. Sincerely, .(.,,v George P. Young, P.E. ~ Chief, Regulatory Branch Enclosun.-s Flowchort Rf A Document FINAL ENVIRONMENTAL ASSESSMENT APPENDIX A Ahukini to Lydgate Park Bicycle/Pedestrian Path Federal Consultations • 4- Administrative Appeal Process fOf Approved Jurisdictional Oeterminallons 10.-.... ~~ u ..... ....,.. .... t ... JIF'A. S..~itD Appendk C .. fl~-1-091'11111•""'-~ (otOMllJ'IMJ~•~O'l1111 ..... ot1'e"°"""....,..800Wytttr1Dt1.::t of~ _...."'"" .. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path This Page Left Intentionally Blank  FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B:  Meeting Minutes  FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path This Page Left Intentionally Blank  FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix BMeeting Minutes Page 1 of 69 AHUKINI POINT TO LYDGA TE PARK PHONE MEETING MINUTES DATE: F<bruary 2. 2005 Tl).!E OF CONVERSATION: FROM: DISCUSSION WITH: MEETING SUBJECT: 8:30p.m. Sara fc.Jj Simmons·fifi;-Doug Haigh. Coumy Proj«t Manag\C'T. Public \Vorks Gdkral Pt:m1ining Issues Sara call<J Doug 10 ge1 som.c gtneral infonnati-00 basic to lx:ginning the pan.tining proct.:SS. The issues <lisCUSS\;'.<l an: lis1i:d below: Ctrtlfitd Shoreline Survey Sara asked Doug who tht: 1e.an1 shoul<l coorJina1~ ch~ surv\;y with fron1 the Councy. Doug said i1 woukl be ~rgc Kalisik. ~la.pping Sara asked Doug about c-xisring mapping. anJ ht: saic.l lhac the currtill atria.ls arc from 1975. State Parks Sara cold Doug thac she bad talkOO \Vich \Vayne Sousa co get an id-.-.a from hint of whal the issui:s S1a1e Parks n1igh1 ba\'C' whb this project aru Wa)'Dt' india.t~ chat hi: frh that tht: Counry haJ invaded tht' sctback around the Hikinnala Hdau ac che Aloha &--ach Ri:.son ac che area oftlh.~ rumaround. Hi:. \\·oultl not \vork \\'ith ch< County until this issue had been resolvt:J. Doug said that chc:si: issut'S WC're f\.'SOI\'~ in the Environmerual A.sscssmdlt tor LyJgace l'ark as oid<ncul by th~ ronun<Dt ktt<rs in U10 ru:ord. Tax 1\ilap Keys and STP ~umber Sara askul Doug for assis1ance in Jett°mlining what tht' Th1K ·s are for this proj«I anJ Doug said he would gt'I h-.-r 1ht: nun1bc-rs.. He saiJ that the STP for 1his proj«I is: 070051 Prope-rty Ownership Doug Haigh F<b.2.2005 Pag< 2 of 2 Sara De~t,,,'\I confirmation about \\lhO tht: propt11y ov..-nc:rs arc that n1ighl be consultOO on the project. Doug sai<l tbat Sara \vas to contact the ownas to c.klt\'mtint: what thdr issutCS might b<. Sara ioc.li-cateJ that usually this conm1unkation tlOt"S not cypica11y occur at this stage of the p..:-nnining. an<l Doug sai<l 1ha1 Sara shoulJ conrac1 Pat Phw1g tor tbt: go-aheaJ. Doug said that 1he owner of the Hanama ·u1u Railroad Bri<lge to Ahukini Point is Lihue Land Company an<l the oon1act ~rson is f\.hke fwukawa. SOS.245·3678. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 2 of 69 AHUKINI POINT TO LYDGATE PARK MEET1NG MINUTES DATE: April 20, 2005 MEETING TIME: MEETING LOCATION: FROM: MEETING ATTENDEES: MEETING SUBJECT: LyJgatc Sports FidJs 9:00 a.m. Doug's Of ii co Sara Ec.li Simmons·Fitl.: Doug Haigh Tim Bynu.111 rvkrl1;: Grintt!S Sara Simmons·fif~ Kick Off f\1\.'\Cting with Clit>:m Doug h~qucstcJ 1.hac 1hc maps b~ r~primcJ at 20 scak. f\•1<rlt: an<l Sara agrt:<<l. Ahukini co Ly<lgac<; Park Limils of Projt:ct Sara rt:qu<Stti.I infomtation regarding tht: ~xact limits anJ bounJarit:s of this scgm<nt. Doug in<licati:<l that this s<;gmi:nl would begin at Ahukini Point ac~s ch~ Hrutama'ulu Railroa<l Bric.lg~, the Hanama·u1u Beach Park and enJ at ch<. play bridge at LyJgate. Highway Access to tht: Projcct Doug said the accc'S> to the proj<et would be from Kuhio Highway Invoices Doug said that W< art;': to invoice baseJ on a Scht:Juk of Valut:s, and hit woul<l <:mail us the sprt:adshl;':<t to use. l<lenclt)•ing fropcrcy Owners Doug said that th!;': tv1ooJy rropt:ny is owned by th~ Hosako Corpora1ion. A man namt:<l Oa\'e \Valtt:rs may ha\'1.:. an option of ic. Tim saiJ chat ch~ concact for the Radisson Hotel is Jvtr. Brian Anderson, who lives on ch<. Big lsl;.mJ. Neilht:r Tim nor Doug haJ a nam~ fOr the Kauai Bi:ach Villa's, but inJic.a1~ tha1 th..: filciliry is north of the Ra<lisson. Doug said that Tom Bartku coulJ hdp with propl;':rty own~rship. Tint saiJ he woul<l gt'.I m~ a name for a contact wich the ~101ocross Group. Doug Haigh, Til.n Bynum April 20, 2005 Pagd of3 Contact namitS for information abom th~. Hanama"ulu Beach Park aru EJJk Cer~ta. Olli an<l Roc.ky Sasaki an<l Kathy Simon. Prop~.ny Own.as. c.0111. Doug sai<l tha1 lh1;: Ahukini Poinl con1ac1 is Harbors an<l St.at1;: Parks, and th~ Airpon is 1h1;: Airpon Authoricy. Ac Pon Allcn,. tht;:re ar-t htilicop11;:rs only. Mapping Doug sai<l that ·1h1,-: owni:rship ntaps anJ ta~ 1naps ar~ in a .tif fom1at. An<l that he woulJ get us an electronic version of th<". FIRM maps from Harry B<-auy. Sche<luk Doug would gl\'e us tht: sch~ule for the proj~ct to be compktW. minus the Jays and Wt:~ks wht:n p<.:rmits art: bdng rt:vit:w~<l anJ the clock slops. Bm, ovt:mll, Doug thinks tht:r< is 211 <lays in th< contract. Thi: Jate for th< firsi pubUc m<eting was Jiscuss.<~.L Oates in 1v1ay and Junt: w ... -'fe consiJcred. Due to scht:<luling conflicts with chi.{ County inclu<ling pri: .. scbWult:<l County Cou:ncil mi:~tings, ch~ public mi:<ting pNS<ntation was sch<A.iule<l for \Vt:<ln<SJay, Juni: 22. 2005. The Morocross Facilily llllcrnction wilh chc Path Project Tim saiJ that latt:r wc ntighc pave ch..: roaJ at the rrailhaJ by the motocross. He wants to sc~ that ch~ A TV's <.lk-stoppOO from acc<ssing ch~ beach. Doug sugg.cste<l chat \\'t: might nt:gotiatl;': with llh~ Radisson to use chdr road. Tim saiJ he woul<l g~t Sara 1he con1acc nam~ for tht: tvlotocross group. furthl;':r. chat lhis group wants a bathroom and running watl;':r. Cum.'tltly 1hcrt: is <la.ng~rous inaclie>n with the highway, anJ chat possibly che. facility may b~ moveJ, and th!;': compl;':ns.:ttion to the group 1nay b< giving lhem fifte~n acn.'S for lhe 01;".W facility. Junior Golf facility Tim m1o:nrionl;':<l that tht>;rl;': is intl;':f\'SI in J1o:vdopinga Junior Golfproj~ct wich the group <'.all~J First Tet:. If dtere is <:xpansion of thi:. golf course, t11erl;': has b<;en calk of it occurring wh~r-c th< f\•lotocross currencly is locateJ. B~.ach an<l Dune Renourishnwnt ~krle brought up tht: subj~cc of sanJ n<c<lt:J for <lune renourishntl;':D( and whl;':~ the sanJ might com~ from. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 3 of 69 Doug Haigh, Tim Bynum April 20. 2005 Page 3 of3 Tim asked ifwt: coulJ possibly captun: .tnough san<l front ch< Radisson to p11:rfonn tht: beach n:nourishmalf. Doug as.ka.l how much sanJ we Ikec.lcJ. Merk saiJ tha1 "'.t'. n11:~ roughly 10.000 yarc.ls of sand pa 200 fc:<:t of kSloration. Doug saic.l tht: County curn.mtly has 25.000 cubic )13.rds of available sanJ. Merk r«iutstnJ 1ha1 Doug fl:S\;'f\'t? it for this project so when an<l if\\~ n~cd iL the sane.I would still b..! availablt:. ~terle said that lhc knourisluudlt n1igh1 involv< re.ntoving th1;: t:Xisting asphalt roa<l at the 2nJ faiNray of the: g:olfcours~. \Vc:.clanJ.s lssu..:s Sara ask<J about known wetlands issues. an<l Doug r..:oomiu<nckJ sh~ lalk co Pal Phung firs:I aboul 404 iSSU1.'S. AHUKINI POlNT TO L YOGA TE PARK PHONE MEETING l'vUNUTES DATE: April 28. 2005 TIME Of CONVERSATION: 4:1Sp.m. FROM: Sara Ec.H Sinunons·Fifi: DISCUSSION WITH: George Kai is1k l'vlEETINO SUBJECT: Thne oJ"ValiJity or the C~nilit:J Shon:hn~ Surv!i!y S:sra spok.: wi1h (h."Org~ regarding th"· isrut.• of 1iming for beginning the procm or lh\.l survt,:yor Jk:-rrom1ing the C"TuncJ Shol'cllnc Surv«.-y. Gt.:orgc saiJ that rypicalty lhc C<-rtificacion is vaJiJ with lh~ County for pwpoSt:-S of chi:. SMA pt.-rmi1. for a p~rioJ of six n1onths, howcVl.'T, 1he County \\ill consitlt'T valitl and will acc ... pc 1hc ccruncarion for a period or one year. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 4 of 69 AHUKINI rorNTTO LYDOt\TE f;\.R.K PHONE MEETl!'O ~INUTES DATE: May2, 2005 TIME Of CONVERSATION: 3:00p.m. FROM: Sara Edi Simmons·Fift" DISCUSSION WITH: John Lytlgatc. Pr~sitldlt. Kauai Historic-al Sockty MEETING SUBJECT: Historic Prt>S<rva1ion ISSUt".S Sara call~J John to inform him of th< proj..:ct. to tkscribe ch< int~ractioo with Lydgatc Park and the pt:rametas of the proj«t. Sara inquireJ of John what HiStoric Pn:sc:rva1ion issui:s th< 1an1 should bi: aware of an<l what he wouJ<l likc 10 see incorporaho:tl into tJ1e Pn:!i~L John said that at this time he bad no isstkS. an<l lhat Sara shouJJ contac-1 LaFrancc:: regarding any culturaJ issu...s.. AHUKJNl l'OINTTO LYDGATE PARK PHONE MEETll'G MINUTES DATE: May2, 2005 TIME Of CONVISRSAT!0:--1: 4:30p.m. FROM: Sara Edi SintnlODS•fift" DISCUSSION WITH: Lafranc< Kapaka Arboltllla. OHA MEETING SUBJECT: Nativ~ Hawaiian an<l CUltural l~u~ Sara Edi imroduc•J Lafranc< 10 this s<gnwm of ch• path project. and bri<Oy oullin.11 the path altli!'mativc:s. In response 10 \\ilat issues might bt: a fac1or in Jt:citling the tksc route for lb< path. laFranc~ sai<l thac lha.: is possibly a nukolii """mass buriar· at th~ golf cours<. Tht:rc may ~ anotlkT ont: souch of the Radisson. Jc was oontrov"'rsial "'1lcn tilt: zoning \Vas change<l fro1n Agricultural 10 Urban tOr lhc Radisson an<l Kauai B\!".3cb Villas to b~ ronstruch.':J. Another af\.--a ma.1 might bt: ofcon~m is the area above lht: bJuffsoulh ofHanama·u1u. This is th~ ar1:3 lhat tht: d..::veJOJl<f of the Moody propctty "IA>Mtt:J co usi:. Olhi:r man th..:s.:. Lafrancot. recomn1t:n<leJ w~ taJk about the ~acivt: Hawaiian rights issues with SOOkX)llc. She T«omn1ent.lt:J \\te talk wilh Butch DuranL an<l g.av~ me Cheryl Obatak-:·LovdJ·s phone:: nuntbt'.r 10 gt:1 in tooch with th~1n. Olht:r than th~ issut'S. Lafran~ said that she hatl no och<r issut.:s a1 chis time. bu1 \\fOUIJ Id us know if she tJ1inks. of somt'.thing else lhat would b..:: hdpful. · FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 5 of 69 AllUKINI l'OINTTO i,YOOATE PARK PHONE MEETINO MINUTES DATE: TIME OF COWERSATI0:-1: FROM: DISCUSSION WITH: MEETING SUBJECT: M•y2. 2005 4:45p.m. Sara EJI Simmons·f1fc Nick Zaccaro. Stat.: Surv<yor. Accounting & G~n<ral Scrvic<S IA-pt. C.:rufk<J Shor1.:lin.: Su:rvi.:y Sara callittl Nick and introJur.:d ht.>rsdf anti 1hc proj\.'CI. Sh< Jcscribc:d 1h'-" prob1('m of ~1c:nninlng lh.: liming 10 t>...-gin the shori:hnc surv-.:ymg anJ submluing chis 10 his office for C'cnilication. NJC'k S3iJ th:u typically the Councy•s ri:cogniL.· 1ht: c..-n'ific.ations for a pd""iOJ of one yar. tk furLhcrsuggt.-slcJ Snra con1act Dolan Ev"'rsol. of' th~ Offic.: ol'Con.k'l"Vation anJ Coaslal LanJs (808·587·0377) to Jiscuss the issue of bt:ach rcpl\:tnishm.:nt Nick S3iJ for us to call him bad' \Vht:n we al'\:' rt.>:aJy 10 tkgin 1hc CSS. AHUKl:-11 POINT TO I, YDGATE PARK PHO:-IE MEETING MINUTES DATE: TIME OF CONVERSATI0:-1: FROM: DISCUSSION WITH: MEETING SUBJECT: May2. 2005 4:45 p.m. Sara Edi Simmons·Fifi: ~tanha Y cnt. Stat< Parks S:nsitivity Jssu....s. ArcbatXtlogy Sara c.all<d Manha to acquaint ~1art.ha \Vith this S<glllt'fit of lhc traiJ project in Kauai. and ask<d ~·lanha if tht>rc \\rt.'.rc issues of 54.!'nsitivicy anJJor issud sht.: might have \\o·ith a crai1 bting co1lSUUCh.'d on lht: proposOO corridor. t.1anha sai<l lhat tht:k is a fWO acre hciau n.:arby. an<l thal s~ woul<l lik~ 10 StX inr<rprech·c:-signs if\\·e come nar lhis or any olh<r his1oric./cuhural sit.:s. Shi! 10IJ me tha1 now Dankl Quinn is tht: p.:nnafk'lll Dir~ctor of Stace Parks. an<l upilateJ ht".r dllail a<lJn:ss to: ~1anba.~.)'"llt@)lawaii.gov FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 6 of 69 AHUKINI POINT TO LYDGA TE PARK PHONE MEETING ~INUTES DATE: May 2, 2005 Tl:-IE OF CO:-IVERSATI0:-1: 6:00p.m .. FROM: Sara Ee.Ii Sin1mons~fife DISCUSSION WITH: Pat Phung. FH\VA projecc manag<r MEETING SUBJECT: Project in Genaal. 404 Jss\k'S Pal and Sara discussed the issue of the wedanJs on Uh: proposeJ corridor. Sara v;aruetl 10 discuss ·with Pat ml(' subjecc of using boarJ\\ralks to avoid elk!. nel;'.d for a 404 as 1vh:rl~ and Sara ha\'~ <lone on similar proj<'C'CS in G\.'Orgia. Pal reoon1meo<leJ Sara call Lolly Silva wilh the Anny Corps ofEneintxrs (808-43S. 7023) regarding the issue. HI;'. was chal if~re do ha\•~ 10 apply fOr a""404 for any oflhc W\:dand areas, WI':-should apply for a Nationwide as £his c.IO<"S not require EPA coon.Ji.nation. Pat funh~r said that ch~ County Council Ji<l an EA, anc.I ne~ to approv\'.' ah<marives. He sahJ that tb.:.re \Vas a n:cent arrid~ in t~ Honolulu Ac.lvl::'nisi:r on tbe past Frie.Jay regarding th\'.' path proj«tS in Kauai. AHUKl:-11 POINT TO LYDGATE PARK PHONE MEETll"G ~INUTES DATE: May2, 2005 TIME OF CONVERSATION: 7:30p.m. FROM: Sara Edi Silumons·Fifr DISCUSSION WITH: lance Fostt"T. Din=clor. ~acivc Ha"vaiian Rights. OHA MEETING SUBJECT: N"ative Ha\\<·aiian Rights Sara introJuced h<rsdf co Lance. and di<. project. Sbe ga'\l"t: hiln a brief OV\'.'rview of the propokd allt'.fnativ.:s for tb<: path alignmdlt. Sh< asked Lane:\'.' if he had any initial issud or advk"c. L~ intlicaietl tbal Lafran~ Kapaka Arbol\.'.\la \\'35 his Kauai p<rSon, h<. saiJ thar he \\'OUIJ c.kfer commw1icy awaren-.:ss issull:."S to ha. lfthen:: arc issu~ thac coin~ up lkyonJ her knowledge or requi~ his int<raction. give him a caJI. Hi: funher off<r(:J cha1 \Ve can send our <loc.um<:ntation to bin1 for an infom1a.l re\<;e\\'. Anc.I b.c availabk to answt:r qu<Stions. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 7 of 69 AHUKINI POINT TO LY DOA TE PARK PHONE MEETING MINUTES DATE: May2. 200S TIME OF CONVERSATION: 7:45 p.n1. FROM: Sara EJJ Simmons-Fire DISCUSSION WITH: CUrtis Mo1oyama. 808-586-8121 Dept Of Hcal1h. S1a1c of Hawaii. D1sobil11y &: Communication MEETING SUBJECT: ADA an<l Accessibility Issues Sara miroJureJ h<rsdr and Oils palh projcc1 10 Curtis. She :isk,-J hlm wha1 hls rontcrns anJ issu<-S might ~ n:lativc to this project C\.lrtis sa1J that h.: woulJ tx: rt.:\'icwing tl'k.· proj .. -ct for compl~ntc with Lh~ An11.1"icans with Disabilicit:s guiJt;li~s. as well as 1hc Stah: lnr\;'rprerivc GuiJdint'S. f"k would be: looking sp'-"<'il1rally for romplianc..: \\ilh acci:ssibk rOl.lh.--s from th.: 1>arkmg lots to the: co1nfon stations. H~ would aUow no routes to bi;: grassl-'J. \V~ ane r~sponsibk 10 use th..: lh .. "\V OurJoor 01.wclopmcnr Gu1Jd1n'"'$ for Trails. Picnic 81.'.nrhc:rs. \V~ ran refer to tb1.: Wt:b site \VWW.access·boar<l.gov for spc-c.ifics. Funher. Cunis orT.:rcJ to n:vii.:w prdiminary Jrnv..ings. AHUKINI POfNT TO L YOGA TE PARK PHONE MEETING Ml1'VTES DATE: TIME OF CONYERSA TION: FROM: DISCUSSIOK WITH: MEETING SUBJECT: Moy2. 2005 8:00p.m. Sara Ee.Ii Simmons .. fifi.: Mik< Napkr. 808·891--0525 x 34. GIS Spu:falisl Pacific Disastt:r Ce:nt~r Mopping Sara introtluc~<l hc-rst.:lf 10 f\1ik..; anJ J~scrioot an ov .... rvif.'\v of tht.: path projt'll:c. She: asked l\1ikte ifh~ c.oukl assist \\'ith nlapping 10 inclu..k: FEMA firm Mops USGS Quad Mops to inolutl< LyJgal< 10 Ahukini. ~iik<: ri:spon<lnl chat h~ roul<l not Sl>'lld <ligical FEMA maps. but coulJ email USGS Quads as pJf s. Sara n:qu~tW h~ :M:n<l tht=m 10 th~ ~mail adcJncss of ~1t"rt~ Grin1..:s at m~rk@mdg<li::nver.com. l\1ik~ saiJ he would <lo so rig.ht away. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 8 of 69 AHUKJNI POINT TO LYDGATE PARK PHONE MEETING Ml1'VfES DATE: TIME OF CONVERSATION: FROM: DISCUSSION WITH: MEETING SUBJECT: May2. 2005 S:15p.m. Sara Edi Sintmons .. fift: Christina Pilkington. S08-241.Q203, ADA Coordinator Offict: of th< Mayor. Kauai Accessible: lssuc:s Sara n:·incroJu~J hersdfto Christina from th1C Ly<lgat<; proj<.ct prior. Sara gav< Christina a brfof ovcrvfow of this pha~ of th< path project and inquirc:J what ChriS1ina · s issu~ would be: rdariv1C lo acc:c:ssibili1y. Christina sai<l that sh< \voul<l n:quire mat dk' project comply with all FW<.ral Stak and Counry ac-cl"ssibitiry n:gulacions. That her n~w c:mail ad<lress is: mayorsa<la@kauai.gov. an<l that she had iJeas she ,,·ould likt: lO SC"e incorporatW at th~ swimnling bial.ch at LyJgarc. Sh~ \\·oul<l lik<. 10 haw a tloating boardwalk built similar to oni:. on lhC" bt-acb in t\c:w Jc:rsC"y. Slk' wouh.J lik< to sex: wh<dchairs be n1ade available to peopk that ar-.: custom n1adc: to s~citications that \VOulcJ allou1 lht: chairs to go into th\:'" \\>akr. Sara and Christin\; discussOO th< c:oasral 1:rosion issu..-:s along 1h1;:: corri<lor, and she: ask-.:d if we C'ould email h<r a copy of the photo pkparul by Dr. Otip Fl<tCh'-'r showing lhe an.~as ofn10s1 s-:\'tT..: c:rosion. anJ "''ht'fc it is proj«l..-:<l that lhc coast will be in fifty years. Sara assun:J hi:r that as soon as ch.is \\11S available by entail. it wouh.J bt:: sent 10 her. AHUKJNI POINT TO LYDGA TE PARK PHONE MEETil'G Ml1'VfES DATE: TIME OF CONVERSATI0:-1: FROM: DISCUSSION WITH: MEETL\IG SUBJECT: May 2, 2005 8:30p.m. Sara Edi Simnions .. fifc: Wayn< Sousa. 808·274·3445. Seal< Parts D<panm<111 Stat< Parks Pr~nic-s on elk: CorriJor Sara k·introJuc~ herself to \Vaync: from thic LyJga~ Path proj«L anJ ga\'~ a bri<f overvkw of the alignnwnt opcions for this s<ginc:nt of I.he: path. Sh< ask~ \Vayn~ to v.:rify wbicb prop<.n:i<s along cht: corridor bdongc:<l to S&at..-Parks.. \Vaync: in<licat<<l lhat Ahukini Point was Slate Parks propcny. \Vayn< said that until bC" fch ht had goutn resolution 10 the loop at th..: initial LyJgate Path proj«.c at m< north terminus of th< proj..:ct by tbt: Aloha Bach Reson. ht would not suppon this proj«t. \Vaync: f<h that th~ loop iu\'ac.kJ che S<tback from {It~ Hikinaala Hdau ....ast of th< hot\;1. Sara said t11at all issues had ~dl r..:soh'\!:d in th<. final EA for the Lydgare proj<:ct. but \Vaync: did not agr«. \Vith lb.is in ntinJ. Sara asked \Vayn~ to romiu~nt on the currc:n1 project, anJ \Vayne saiJ he will be looking at Ahukini what th~ por<ntial intpoclS 1nay b<. H~ insists that no chang"'5 ~ maJt: to th\;\ stat< recn:~u-ional fishing pit:r anJ cun·c:nt parking. Al all costs, fishing was lo n:main at th< pkr. He reooouu..:ndol Sara gt:t in touch '"'ith \Vat.le lshykara r1:garJing Aquatic r.:sour~. \VaJc·s numb<r is: 808·274 .. )344. \Vayne updat..-:d his email a<ldr6S as waync.b.sousa@.bawaii.gov. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 9 of 69 Al IUK INI PQINT TO L YOGA TE PARK PHO!>'E MEETING MINUTES DATE: Tl\I~ 01· CO'IVl·RSATION: FROM: DISCUSSION\\ ITll: MEETING SUllJECT: 'lay 2. 200S 8:4S pm Wodc lshilam. 808-274-3344. ccll: 63}. 7200 S.'llll on1roduce<l h<nclrl-0 Wade, and p>< a bmro,cf'\iew of1hc proJ<CI and 1h< potnu1al al1gurnc."'nb. Slw: "8kcd \\'adc \\~t hi~ i~1,.1C) mi;ht be. iu-.clor \\~tour Opport\ini1ics for ptO\iding aquatic opponunitics might be on I.hr oorridor. \\fade ~ud tllat ~I fi)l.hing occun al Ahukini Bay. Ni\\,bwd1 Bay. :ind ;at the hghlhousc a1 N1n1n1 Point a1 the nonh end ofNav.·1hw1h. and at 1hc County JXlr\ a11:a. ~tost fishing is done b) surfcasung aBCLOf' lhf'O\\·ncnin;. Wodc .aod tl>a1 people arc: 1ypocally fi>hina for p:oplC> (uloo.ja<k fi<h), and bonom fC<"dcr; to include ao;ufi~ ("eke) and Ml.fii;C'()flfi,h. AHUKJNI POINT TO L YDGATE PARK PHONE MEETING MINUTES DATE: May 2, 2005 TIME OF CO~ERSAT!ON: 9:00p.m. FROM: Sara Ee.Ii Si1nmons-Fifi: DISCUSSION WITH: ~·tiki;; furuka\\ra, Lihut: Land Co. 245·3678 x. 224 MEETING SUBJECT: Gro\'< Fann Propt:ny Access lssu ... "5 Sara introduci:<l h~rsdf anc.I gavt: ~1ikt:'. a bri..:f O\'t:rvicw of chis St:'.gn1e111 of 1.he path projl'Cl an<l tht: aJignm~n1 opponunitid. Sb~ askc:<l ~Hkt: whac property along ch~ corridor b.:longs to Lihui;; Lan<l Co1npany. Ht> inJicat..:c.I that most Jikdy bis company O\\ns th.: Han:una:ulu Railroad Bri<lg<. anc.I th< propt"ny ast of the County &-ach Park at Hanan1a·u1u. and aroun<l to th~ Airpon anJ Ahukini S1att: Parks propt!ny. lvlike saiJ b-.:: was in tavor of th~ proj<et, buc ~-ould lik1;: 10 l\av" a n1wting. ·wich Doug Haigh to discuss opportunili<s anJ issu1..os. Sara confirmOO s.be woulJ bav~ the meaing kl Up. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 10 of 69 AHUKDll POINT TO LYDGA TE PARK PHONE MEETl1'G MINUTES DATE: May2, 2005 TIME Of CONVERSATION: 9:30p.m. FROM: Sara E<l.i Sitnruons·Fifi: DISCUSSION WITH: WenJy Will«. E.P.A •. Hooolulu Oflie<. 541·2752 MEETING SUBJECT: \VetlanJs lssui;-s Sara inn·oJuceJ h<l'klfto \VenJy. and gave hd a briefovavicwoflb..: proj1.-c-1. anJ this ~gn1enr of the path. with the bt:ginning ancJ dkling locations anJ an ic.k.a of~ options in b..-1\ve.:n. Sara tl.:scri~ that th~ poti:ntia1 W1;'.t1an<l int\'.'racrion w'itb the path is south of tlll.'. ~1arillle Crunp. bt.'.'nVt:t.'.'D there anJ the Kauai &acb Villas. in t~ tidal Jrainagt: ar~. The otht.'.'r w~tlanc.J issue is the pond sotnh of the Ra<lisson Hott:I ac fh~ exis1ing comfort station in the parking lot. anJ the Oct:an Bay Plamation propt:ny. Sara Jcscribtxl th< floacing boanJv.ralk soJutions that f\itDG bas US<<l in projocts in the south with Army Corps of Engilk'ers \vb..-re we have a\·oiJ~ the n«J for 404 permits \\ith cb<s..-path solutions. Sb~ askcJ \V<nJy if she tvouJJ consi<l<r such solutions lO int<raction '"itb the \\'etlanJs.. \VenJy ~lai~<l chat E.P.A. Anc.t U.S.A ... J\1.C. Have joim jurisdiction \\ith r~ganl to \\'\:tlan<ls. but her office has ch<: uld.mate authoricy in th< pa111ining pha.5(' O\'('f Anny Corps as ~r the Ckan \Vater AcL Sb<. rc."Comn1enthxl that \\'e comact Lolly Silva an<l tha1 sh~ v.·outJ most likdy Ji.:fd to Louy·s judgcm<nt as co wha1 is oet:d.00 with~ \Vdlands a.nc.J \\1la1 is nl;.'.'ro..,>J rt:gar<ling 404 permiis. \Vt! discu5Seil.l me con1mwti()' buil1 playbri<lge-. an.J Sara said she \vouhl anaiJ \Vi:ndy a pictllft! of th~ briJg~ to \Ven<ly. AHUKINI POINT TO L YOGA TE PARK PHONE MEETING Ml1'UTES DATE: TIME Of CONVERSATION: FROM: DISCUSSION WITH: 7023 MEETING SUBJECT: May 16. 2005 3:00 p.m. Sara Ee.Ji Sinuuons·fifr Lolly Sil>-,,. Army Corps or Engine.rs, 808-438· \VctlanJs anJ 404 ant.I 40 I PermilS Sara intro<luci.:<l b<rsdf and gave Lo1ly a brief ovcf\"k.\v of I.be path proj«.1 in Kauai, and the b<ginning and tenninus of this se:gm('nt an.J what the potential alignments might be in·bi:rn·<:en. Sara d.cSC'ri~ ht:r con\•t-:rsacion \\ith Pat Phung anJ \Vt:ndy \Viltsc n:garJing the \\·ork of ~·tDG in th~ south anJ bow they ba\'e acC"t'sseJ w<:tlan<ls \\ith boarJY.'3.lks and thus avoiJ<d thi: n.....quircment for a 404 lk·mliL Sara ask"--J Lolly if she wouJJ consiJ!;.'.'f sim.ilar rulings \Vith tltcse t<cbniqu~. Lolly requCS1.eJ lb.at Sara send her: Phocos of the proj«rs DICSign lkcails Maps of the proj..-cts Nam<s of th~ Corp rt"presauatives Sara has \\'Ork<d with in this capacity. Lolly gave Sara hc.·r a<ltlr\!Ss as: Lolly Silva USACE, Honolulu Disaicc Building 230 Fon Shatla Honolulu, HI 96858 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 11 of 69 AHUKJNI POINT TO L YDGA TE PARK PHONE MEETING MINIJTES DATE: TIME OF CONVERSATION: FROM: DISCUSSION WITH: MEETING SUBJECT: May 17. 2005 5:00p.m. Sara Edi Simmons·fit~ J~rry Conish. Oc<an Bay Planlation proj«c rnanag~r 613-866-1608 («II) with CSW o[Onowa. CanaJa OC'...:an Bay PJaiuation Property Act'l:ss Issues Sara introtlUC't:d tkrsdf 10 J~rry and gave him an ovt:rvi~v of this st:gm<.nl of tht: Kauai path project. Sh.: 1.kscrib...-d th-= are~ chat the <lesign tam "'·t:ru considering accC"SS into anJ through the Oc ... '311 Bay Plamarion prop<ny. Jerry 1ook son1e rinw co Ji:sc:ril>e \\rJ:tac the Oc\.':all Bay Plamation project haJ bi.x'n about. He tlescribW 1h3l tht: inirial plan haJ ~1 to build high ~n<l hous~ on roughly 5 acre silf!S. wich a golf C'OUJ'k. Th..-: 560 acn: proj..-ct rt"quirc-<l a zoning change: from Ag:riculrurc co lirban in the: Gc:ni;:raJ Plan. and thac County rouncil ba<l ru~J th\: change. The~ Wt:k i.ssu~ \\'irh the na.li\'(' Hawaiian sovencigmy sp..-:cial im<:rt::st group membi:rs. Tbt:n. his design caJl..-:<l for off,:ring 40 acres for the: Councy to build affordable housing. but rh~ zoning change kqudl was srilJ Jenkd. Sara askeJ Jc:rry if sh< could have a copy of tilt: Environn1cntal AS5'.'SSl11t::nt chat was prc:par<<l tor his proj..-:ct. Jerry J..:clin~.d. AHUKINI POINT TO L YOGA TE PARK l\IEETING MINUTES DATE: l\IEETlNG TIME: l\IEETING LOCATION: FROM: MEETING ATTENDEES: l\IEETlNG SUBJECT: Jun< 16. 2005 I :00 p.m. Hawaii tinlt: Kauai OHA office Sara Edi Sin1mong..fift: Laf ranc. Kapaka OHA Merle Grimes, MD. Uc Sara Simmons·Fik Palh Alig.nmem ac Re·lnt~mm.:.nt Sit~ ac Golf Cour.0< ~lale dt.'SCribcJ thc. alignmi;:nt oflh~ path along Kuhio Highway. and bis c:onCd'DS aboul ho\\' il will relati: 10 lh..-: ~xis.ting_ R,..,.(nlannttlm silc.. \Ve.! walk(!d to the.! rc .. intdnmen1 sire and r,'Viewt:d the a\"ailable lanJ bt:CW<:t.11 it and Kuhio Highway. anJ ~alizeJ that as th< art"a is ,.ay nanow, th< path in lhis location wouh.l lk'gativdy impacl lhe culrural site. Funher, Lafran-ci: <l..::scri~d that sht: fd1 1be path with this alignmenc woulc.I: I. Have 100 n1ucb in1pac1 2. a·eatt> .. slutli.ng' makiing th< slope tilil 3. Requir< ac kast a bufft:r of 10· around Ute rt: .. intcrnmt.111 site. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 12 of 69 AHUKINI POINTTO LYDGATE PARK MEETING MINUTES DATE: MEETING TIME: MEETING LOCA TJON: FROM: MEETING ATTENDEES: MEETING SUBJECT: Jun< 20. 2005 3:30 p.m. Hawaii Tim1: Rdic.h:nci.: of 8u1ch Duranl Sara EJi Simmons-Fife Sara EJi Simmon~fit\.: ~l~rle D. Grim<.S Bul<h Durnm, 808. 245-3742 RolanJ Durru11 Rob\'.rt Durant NatiVl'. Haw3iian Righ1s Merle and Sara EJi introJuc...-J th~nudn:s co tbi.: Ounmts. anJ 'vitb a niap ol"tlk: comJor. revkw\:c.I th~ conC'l:pl ofthl.". ~gional path proj«.t. anJ Ok sp«itlc S<gJn.:.nt ofly<lgate Park 10 Ahukini Point. Thi.: Ounmts bi.:g;m to ~xplain thdr position n:garJmg the fanJ. Th'-"Y J-..-.scribt.:J I.hat th\!y an; Polyn~sian. not Am<rican. That, in lh"ir v1~\\'. th~ Unil"J StacGS is ill1tgally ocrupying 1hc lanJs of Hawaii. Thai all JanJs of Hawaii, bdong 10 1he nativ..:s an<l lhat in 1hdr opinion. no 1rail can tk: buil1. Tht.: "kula'" 1.s the lanJ when: the w·ah.T can·1 g~1 to. an<l this n:Jat..:s to the contrncting rights ofnarive Hawaiians. Th..:: ·~ni" are chc anci\.1'11 ndghborbooJs 10 proto:rc 1h~ caro pa1ch\."$, The "lof' is the land 1ha1 IS ltCC'l.'SSibk 10 Wtltl.'r. s~ as for lhl' 1aro anJ fls.h pon<ls. Using thl' valu'( of ttb.: land Amt:ricans will come across 1hc rights of the nauve Hawaiians. an<l that if th..:: f~Jt:ral Gov.:nunt:nt gi\·es monks for a rrail fO be ~ult. lh\.'.y Jo i1 at flkir own risk. The high ""'\.'T mark n:pf\.".s<nts the naU\'C HJwnhans. Thdr authority com\.'"s fi'om boundarks and all is to bt: a ~nd'il (0 the narives. They tkscribcd that chq Jo not n:rognizc lh< Councy govcmmcnc. will not F\."C'og:ni2'.· aJc.Jr\.'SSl.'.S gi,·cn to the lanJ by th-: Coun1y. anJ do no1 pay Coun(y prop~ny ta..'<t.$. but sa1J dwy <lo pay fc<li;:ral 1:u.,--s. AHUKINI POINT TO LYDGATE PARK i'IEETING MINtJTES DATE: MEETING TIME: MEETING LOCATION: FROM: i'<IEETING ATTENDEES: MEETING SUBJECT: Jun< 20. 2005 4:00 p.m. Hawaii Tinlt'= Tim Skinner"s Offi<"<. 808·246·1400 Sara Ec.li Simmons-Fift.: Tim A. Skinn.:.r. Ass. Airpons District SUJkrim\!nJan Stat«.! of Hawaii, lkpc. Of Transponation, Airpons Div. Sara Edi Sin\mong..fift'= f\>t~rlt:. D. Grim<S Airport Prop<riy Access ~krJc anJ Sara inrro<luc\".d d1t:msdvt"S to Tim. and gave a brief O\'ervkw of the n:g.ional path projrtf anJ th< sp«ifir.soflhis S<gnt.:nt ofth.t path. M1::rk u ... scrit>ro ch~ bt.-ginning of the project as bang the s1ace of Hawaii fishing piers aa Ahukini Point. anJ lb~ (:Ile.ling a1 lhc playbriJg< a1 LyJga1c Parl<. ~tcrle <l<ScribeJ ho\v chc path v.ill interact with airport prop~ny. anJ chat th~. aligrunt:nt \\ill naJ 10 be on the bluff by tbt: airpon prop~ny. Tun saiJ th" ailJXln is. in oompkct: s.uppon ofrhc project and fhe frnce that will need to bt-conscructeJ ~rwccn the path and airpon prosxny can b\:-<lesigneJ by lhe h."3111. but -nilt b~ cooslructt:tl and paiJ for by thl!' Airport Authority. Tim gavt: ~11::rle a map of th~ airpon prop..-rcy, antJ M1::rk and Tim discusscJ clh' possibilil}' of a fu~ s~gm1:nt oftht: path using th~ airpon roaJ 10 g~t access to tb.t highway \vhen ch< pach continu<.S towards NawiJhvili. Tin1 said ch~ ailpon wouJJ suppon chis path access roac.J. ~t'"ting atJjoum'-"1. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 13 of 69 AHUKINI PONT TO L YDGATE PARK MEETI).IG MINUTES DATE: MEETING TIME: MEETING LOCATION: FROM: MEETING ATTENDEES: MEETING SUBJECT: June 22. 2005 8:30a.m. Rcsi<lenc~ of Butch Durant Sara Edi Simmons·fift: Butch Duran1 RolanJ Duran1 Rob~rt Duran1 \Vally \Vaialiak Eric'? John? Mt:rk D. Grim..:s Sara Edi Simmons·fit~ Ka1iv1;: Hawaiian Rights JssutS Tbt: m.:c:ting was hdd al Butch"s to continue th< Jiscuss:ion ofnati\•e Hawaiian rig.tus issues for June 20. 2005. Bu1ch had invilt;:<l others who are inti:ksrro in this issue. bo\v.,;v,·r. ~·o of th;.: ott~11J,.,-s JiJ not sbo.r;.: their lost nom.:3. ~frrle ask«! ~te group 10 sp<ak som< abou1 ch< Old WharflanJing. ff they could <lcscrib..: what ch\: USd \.Vert: an<l ho\v it was USIW. anJ whac rulntral products lhc anci.,;nt Hawaiians im.pon\1ll anti exponfJ from lhe~. prior to~ plantation }X<'Tiod. ~1crk J~c-ribt:c.I thac if the pa ch alignn1m1 Wt:Dt past ch~ olc.I wharf. this v.·outc.I provide an opponuniry for ..-tlucacion regarJing the pasc of th..-landing. The Durants said that the p...opk is wha\' ic starts. lilac chdr rigbcs aansfa to lhc ~pk anc.I is in conflicc wich using lhc wharf for any kason otht:r than what tht: naci\·e Hawaiians \\·oulJ hav~ it The 5..-nators a~ lhe lane.I issue. anc.I ch.:: citizens ruY the f~<lt'ral. The.:: n1incral rights hav~ oo value. The idc:a for lhe nativtt Ha1,1,'3.iian is not nlOney, bur the land from ancknc tin1i:s. Tb..:y said lhey v.--oul<l 001 off..-r any of thdr ancidlt siory for ~ucacionaJ pu~s as thi.:y Jo not '"ant 10 share tbdr scory. \Vh ... '11 the Am~ricans cook O\·e:i· ch ... Ha\\o-aiian islands. ch~ native Hawaiian lost his scory. NO\\'. they have no heritage. DO history. Th<)' do .. nahek ... or share from th..-: hearL Th< "konoliki .. was che ... nc.1 ofth~1n ace.on.ling to Butch. For Ch< nativ~ Hawaiian. th~ lane.I v.·oulc.I ~ tlSOO only co f..x<l th~ peopk. Ourants JUD< 22, 2005 Page 2 of 2 In or<ler to unc.krs1an<l what the Durants an: talking about. they suggcst \\·c ntUSl us...-. tht: native Ha\\'aiians as a bt:nchm.ark... as a place to b<gin. Tbt> righ1s of tht: Polyndians De\'er Wdll away. jusc lx"Cause dl< U.S. Occupks lb-.: lands of Hawaii. RolanJ Durant sai<l that \\'e must ronsitlt:r th< Dlrant kukana and usi;: that right 10 say \\bat you can <lo. That the: nati\~ Hawaii.an right bt:gins lhri:e miles off sboru. and inclu<lcs all of th~ lanJ of ch..:: is.lantls. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 14 of 69 AHUKINI PONT TO L YDGATE PARK MEETI).IG MINUTES DATE: MEETING TIME: MEETING LOCATION: FROM: MEETING ATTENDEES: MEETING SUBJECT: August 12. 2005 9:00 a.m., Hawaii Tim< 1151 Punchbowl Roon1 330. Honolulu Sara Edi Sinunons-Fifi: Dr. MID:y Wall<rs. OL).IR. SOS-651-766$ Sara Edi Simmons·fifi: EnJang..-rcJ i\.tarilk" Sp«'kS lssu~s Sara Edi introduc~ herself. and d~scribcxl elk regional path projt:Cl for Kauai. anJ the spt:cifics oflhis sqpndU of the pach. Sbt' sho,vtxl Jeff drawingsoflhc rorriJor anJ lhc potential aJignmt:nt opportunitks. Sara asi.:f!J Jc:tr to <lescrib~ "·hat~ issud \\·ae going to be thac th.: Jcsign team shoul<l bcov.ur..; .. Jeff .c.kscrib<d his work as ro-n1anagt:r fo che whak progr.un. and \\·ork wich Aquatic R~ourccs anJ dk-ntonk seals on all oflht: Hawaiian islan<ls. J.:ff Jescrioo.J some of th~ issues \\rich monk seals.. Son:k' of lbose issut:S incluJ~: Tht: NOAH sponsor"-J res~cb lla.s found chat tht'n: arl.'.' approximately 13,000 n1onk se.aJs in chi!: north~m Hawaiian islanJs. That then: art: pion~t'rs coming south anJ populating an<l tk numbt'rs have: uipled, possibly qua<lruple<l. Tht:ru arc approximatdy 200.300 sals in the main dght islands from Niihau to Ha\\'aii. On a 1ypkal day a monk s1.'3.I \Vilt lay on a \>t'.ach during the day an<l dry out and Jig<Sc foO<I and !<St. Kauai is the protol)']>t: for rt'populacing n1onk seals. Tht' ar<a makai of the Ra<lisson Ho1el on Kauai is a prinlt: place tor lht'm to t:k:ach. J.:.tl"·wouhl like co St"t> signagc co aluc.a1c: ch< public. Should the path projecl inclu;,k opponuniti1,;'S for signage. ht' v.ill supply tht: language and images tOr such signs. \Valtt"rs Augusi 12. 2005 Pag<lof2 H(: otl<Ted t11at b~ anJ his staffv.-outd off<.r t-.:chnical suppon for \Vhe~ co locate th~ signs aswdt On speaking oflh~ rurtks. Jeff <lescribOO that the:)' brc~ in the nonh \\~est islands and oon1e south to t~d and livt:. TI1ey an:!' c.>xplodiug in population. The Hawksbill hfftk will nest in lhe main Hawaiian islands. not reaJly on Kauai. J~ff saiJ of th< Humpback \\'hales that chi.: Sc:.ason tor tbe co birth is from Novdllber ro ?11fay. with thl'. p~ pi:rioJ bdng January 10 March. J..:ff gave Sara ~1inti Ulry's rwne and number to call for assistance locacing signs in Kauai. ~lt:i:!.ting adjoumt:d. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 15 of 69 AHUKINI POINT TO L YDOA TE PARK MEETINO MINUTES DATE: MEETING TIME: MEETING UXA TION: FROM: t\-IEET'ING ATTENDEES: CUhur<. 594-1888 MEETING SUBJECT: Augus1 12. 2005 10.00 a.m. llawah Time OHA Offict:s 7 I I K.apiolani BlvJ. Suilc 500, Honolulu Sara &Ii Simmo~F1fc Lane< Foster, Din.-c1or Narivt: Rights, Lantl. Jona1han Srhou<r. OHA Polley Analy5' Sara Edi Simmo11$ofJfc Sara rc·introJucxd herself to Lane .. '., an<l mrt Jonathan. She usc<l th< 3\:"rial maps to show the proposctl path and Ji..·scri~c.1 som" of 1hc issues that ha\'1.' coml.' up regarding native Hawaiian issu .. "S. Sbc oskcU Jonathan anJ Lance (0 help clarify who owns what anJ bow sb-.: can best wort v,.itJ1 the Durant family anJ d1cir SO\'t:ntignty i.ssut.:s. Lance rccomm~nJOO lh:n 1h,: JC"sign le-am \\'Ork with 1ht: na1ivc Mawi.'liian sovcrdgmy m..111b<1'S 10 hdp 1Jcml ry lhc anck111 pn1hs. calkJ "nla loa" 1ransla1cJ roughly "' .. olJ roaJ ... This \\'OUIJ pay tribute 10 thc f\'lo'f·. Jonathan cxplail'k'J brfotly lh< thn:..-varying pt-rsp..-c1iv<.s n:-garJing sovc-rdgmy. I. Thl.'f\' an: 1hi: ''inJ1.1p1:n\l,:nu··. Thos1: who fed that ch.: islanJs ar..• O«\lpit.>tl by 1h,: U.S. 2. Tbos..: who an: the "<lic-C'olonization·· conung ... ·nt. Those who f1.:d that Hawaii has b<-1.:n rolonizcJ by ttk U.S .. AnJ thus can be .. <l<"-colonizt:J··. 3. Those who fed 1ha1 1h1.:y arc SCl·king a ''nation within a nation" starus, similar 10 lh.c JJIU31ion ol'chc American lm.lf.3Jls Jonathan m3Jc th,: point dun OUA talls within thts group. Jonathan ma<lt: thC" poinl thac lhC" purpos... oflhis pare of the Jiscussion. was 10 noc~ 1ha1 just bccau.s-.:. oni: group claims 10 be s~'k'aking on bch;.llf ofHawniians. ii Jol·s not m .. -an thal thcy l\:prcs..iu au vi.:wpo1ncs. and gooJ planning f\."qU11\·s consult:uion across th~ maJOr fac1ions. Fostc-r August 12. 2005 Pag< 2 ofl Lance tb-:n tliscu~c-<l th< Akaka bill and tlt:scribc-J lha1 ii ref as to the rdacionship betwet"n lhe F~h:ral go''<TJHUt"DI anJ Uk' Hawaiian gov<rning boc.Jy. That thde is co k a aibal roll anJ in a few years dkrc is lO ~a governing bo<ly. Lance l'\:frrrec.1 Sara 10th-.: book, Hawaii Suue Constinuion as a gootl book co cipher through che native Hawaiian rights issut::s. ~1c-<ting atljoum ... "\1 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 16 of 69 1\HUKINI PO!~TTO l YDGATE PARK MEETING MINUTES DATE: 1\-IEETING TIME: 1\-!EET!NG LOCA T!ON: FROM: MEETING ATTENDEES: MEETING SUBJECT: August l 2. 2005 12:00 p.m. Hawaii Tim-.: Sta~ Parks Oftict!', 711 Kapiolani Blvcl. Honolulu Sara Edi Sinunons·fift: ~1anha Y eo:nL Sta(< An:--haoologisi Sara Ee.Ji Sinimo~·fift: Arc~ology. CUirural Rt"sourC\..os, Stati: Parks lssu ... 'S Sara n::vk\\rt:J .m~ at:riaJ p~o10 of thi: path coni<lor with l\<tanha. anJ <lt:scrib<d the;: path conc~t anJ ahgnmt:nt opuons. Sara askt:.tl ~1anl\3. what th~ issues \\·er~ going to k rt:.gartliug Stat< Parks, arch&:0logy ancJ culcural l'l'SOUl'C\.'S. Martha said that w..:-had ic.litntifietl mosc issues rdating to Archa\."Ology. and chat she had r~k\\·t.:c.J lht: corriJ.or for fonnl(r LanJ anJ \Vaccr Con5';'rvation funds. anJ fowtJ chat in tbt: 70~s Hanama'ulu Bach Park had rccdvt::J funds. She acknowkc.Jged chat ch~ path would inc~rs«t wich th.: park. how~va, this i.nh:raction would not ~ c.onsi<lert:c.I a .. taking .. anc.J th..-rufore \\•oulJ nOl fl;'quir1.: a 6(F). She d..-scribt:J chat a lend 3C"kno\\1kdg:ing this intt::'raction v1rould be requir.xl. She gavt: Sara a san1pk ofa typical letlt::r, an<l requestt!\J tha1 cwo copil(S ~ St::'Dt co hc:r for proc.t:ssing ac the propt::r time. Sara and ~ianha JiscuSM:<l that me.re \vould tx n..~in.:J a 4{F) analysis anJ com1nian.....iu to action as Ahukini Poin1 is a statt: parks propi.-ny. AHUKIN! POINT TO l YDGATE PARK MEETING Mc-IUTES DATE: MEETING TIME: MEETING LOCATION: FROM: MEETING ATTENDEES: Analysis Section MEETING SUBJECT: August 12, 2005 I :00 p.m. Ha"'-aii Stanc.JarJ Tim1C o~pa.rtmt.'llt ofH..:altb 919 Ala Moana Blvd. Rm. 301 Honolulu Sara Edi Sinunons·fifc \Vats0n Okubo. Section SuJW:rvisor, Monitoring & Connie Rams<y. ACOE, Ecologist (4<>4 issU<S) Ed Chen. ACOE, (401 lssu.1s) Shane Sumeda. (NPDES Issues) \Vatl>'T Quality. \V~tlan<ls lssut>s. Scorm\\<at~r Issues Sara introduct:c.I b<rst::lf lO tlh: group. anJ d~scri~J the path corridor using the aerial photo ma_P_ shov.ing the path tk'ginning anti c-em1inus.. anc.J lhe po<c:illial path alignmc:nt opponunn1cs. Sara lb.tn brought th~ drawings. skt::rch<S.. an<l n1aps r~uesc~<l by Lolly Silva anc.J \V ... 'fld)' \Vilts.: from Wt:tlanc.Js proj.tcls Sara bas "'·orkt::J on in tht: souch "''ht:ru bo-anJ\\ialks ov~r lht:: \\'\::dands \Vd'c allowec.J and <lid noc ruquirt:: 404 ~mti(S. Conni.: said sht" would prt::~nt them to Lolly anJ if this lkcalnt:: an issue or opponunicy on this or fururt: projt:CIS. we route.I ~visit the drawings an<l ideas. Sh~ th<n J .... sm"b.:.<l th't'. NPOES Jkflllits that "'·oul<l b~ r('QUikd for a proj«t of this SCO))< an~ magn~rudc of Jisn:~ancc:. Ht: saic.J 1aht the p..mnit \\'OUJ<l cover point sourct:: dc•W3lt:rtng Junng conscrucoon and stonn walc."T Jisdlargc of on< acre of c.J:isrurbanct:. The area of disturbance lO consider for chce NPOES pd"lllit incluJ~ the srnging ara tor th1,; construction ~uipmc:.nc as wdl as ch< wi<lcb of'ttk-equipment. Shane saic.J the ch~ drinking \\"3ter. th~ irrigation lint's and the s~«r will all have to be pressun: te-Sti:c.J. Tht: p~surc: h.'St or Jisinf«h::d water lines require a byJro-t~ting permit. Connie anJ EJ spoke f\'.'gan.ling ch< 404 anJ 401 issu.:s. Connie saic.J that should tlk design caJI for beach anJJor tlunt: n:-nourishm~n1. thac is a SSBN (S1naJI App1ication FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 17 of 69 Connie Ramso:y AUgl!Sl 12, 2005 Pag< 2 of2 Scak B~ch R~.nourishmcnt} strean1lin<.<l form to rover the p~nnics. E<l sai<l that typically w"b~n a 404 is n~o:JOO. dlat ai.ss;d"s the n.-quin..1llt'.Rt for a 401. EJ 1.kscri~ th\!. SPGP p.:rmit tha1 is one form for four agt'nt)' \\ilh ronsultations on a varkty ofissu<S. \Vacson spoke abou1 salinity anJ \\'at~r qualiry rcgarJing th..-Hanama~uJu Srreani. tht'. rtUal Jrainag~ area south of the Mari~ Crunp. and 1hc \\'CdanJ ponJ south of lhc Rac.lisson Hotd parting lot. Sh..-: said 1hm his on·islanJ colkagw. Gary Ui;:untcn can assist lhe lam ¥lith \Vater quality anJ with noi~ abatemitiu issu~s. \Vatson saic.l thal il "''Ould be n.::quircJ that \Ve show lhe sourc..:s tOr th< nm-off anJ m~ r<e...:i\ing \\'<lh:rs. lfw< cross a aass A ocan. ora Class ll Stream . .5 n1illignuns o(salini1y is marine. If \\""'\'.: nn-tl a s~ction 10 penniL we \ViU not n~ittl a 401. and ifw1t incorpora1c Mch rt:nourishment~ \Ve \\rill dcfini1ely need tile SPGP (Seate Program Genc:ral Pcm1it). \Vacson gave Sara GaJY~S pboa1;: nun1bt~r and off~~J dxu Gary c-oulJ assist the tt'3m in dd~rmining salinity anJ if the v.111ers art: ocean tic.Jally inJlui;:::nceJ. Me~ting adjourn1.>tl. AHUKINI POINT TO l YDGATE PARK MEET]NG Mc-IUTES DATE: MEETING TIME: MEETING LOCATION: FROM: MEETING ATTENDEES: MEETING SUBJECT: August 17. 2005 8:30 a.m. HST County of Kauai Public \Yorks Confi:rt"llc\:' Room Sara E<li Sinuuons-Fifr Miko: Furukawa. Oro\'~ Fann Doug Haigh. Public Works Tim Bynun1, Officit of th...: ~1ayor ~1alt'. D. Grinws, ti.100. tican1 kaJ Sara E<li Shnmons·fifr PTO}krty Ac.quisition ISSUd Th~ mc~ting b~gan wilh Merk <lescribing th~ path alignm~nt on the ad'ial photo map to t.1ik< 10 show how the Grove farm pro~ny in1erfaC<S with tht: pro~d path alignn1ent. Sara askeJ if it was kno\vn tor SUN lhat lhc Hanama·uru Railroad Bri<lg< <lat$ in fac1 bt-.long to Grov.: Fann. Mike confimt~<l lbat tbc bri<lg< c.l<>t:s belong co his company. and thar Kauai Lagoons land is a1 Ahu.kini PoinL ~1ik< sugg~tcJ that Grove Fam1 has some intt:r~st in Jo11aciug 1hc bri<lgc and lanJ surrounJing it to th\: County for a p:uk. Doug ~iJ that if such :m alT3llg1.'lU\:'nt is ..,.·ork~-J out 1:ba.1 th< Counry woulJ wane to us~ the value oft.b<. briUg~ as pan of the match. CUrrt'Dtly the prop:'rty is ZOQ(:J as inJustrial. Doug ask1;:d Sara lO b~ sur< 10 id<ntify the Spn'ial zoning on rhi: Oce.an Bay PJanration pro pd[)'. Sara agrc<<l.. ~·tik< saiJ lha1 Saro can borrow th< EIS prc:par(!J form~ property co assist ht'T in ch< permits sh< is. requin:-J 10 se~. tor this proj\:'~ anJ gavt> dir~ctions 10 his office. t.·frcting adjourn~. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 18 of 69 AHUKINI POINT TO LYOOATE PA!lK MEETING MINUTES DATE: MEETING TIME: MEETING LOCATION: FROM: MEETING A ITENDEES: MEETING SUBJECT: August 17, 2005 10:30 a.m. HST Starbucks Coff« Shop Sara Edi Simmons~Fifr Mimi Ulry. DLNR.. Marine Const"rvatioo Coor<linaror Donald Heacock, DLNR. Aquatic Biologisr Mt:rk D. Grim..:s, ~fDG. team lt:aJ Sara Edi Simmons .. fitt: EoJang<rt:J Specit."S lssucs. Th..-: llk'ding began with M('rk. tkscribing thc path alignn1..:nt on thc aerial pho10 map to l\1in1i an<l Don to acquaim tbc:m \\ith the project anJ poc(:ntial interaction with die coast ant.I po1<1HiaJ habi1a1s for monk sal, antis~ runlt:S. Sara shart:<l intbnnatioo ft"gaf<ling ht"r mecting in Honolulu \\ith Or. Jeff \VaJtdS. Mi1ni·s boss. describing thal J~f'fwanl<.tl us 10 mc<l \vilh ~1imi so she \\'Ould be up lO spi:<J about m~ proj~ct. anJ bis Jesi~ tha1 she as.5ist thti: tam in locating lh\'.': Mc plac~ tOr the l.lducarionol sisitas..., ior tho.: rurtk"$ onJ s.:al3. Don spoke about a similar projcc1 he v;antl.--tl us to look in10. \Veb 31.fJ~ is: '"'vw.grceDOOV('basinsustainablt:\kvdopmenL ~1in1i and Don intlicat<d that lltcn: art' no endanger~ fish. Also the rtCCon1nk'.JeJ chat~ 1t:am look into th\! NationaJ Fish & \VilJtifc f<'Je;>.ral Granes for funding for bt-ach n:;nourishnkllt. Th~ r«0mmt.·.nJed for t<n<langi:rud plant sp«ks we gd in <ouc-h with the follo\\'ing inJiviJuals at tht: National Tropical Botanical Garden (80S·332·7324): Ste\.~ Pcrln1an K\:D \Vood Oa\'iJ Lor\!.nct: Don an<l Min1i gave Sara thcir l!mail a<l<lru:sSt:S: Oonh...acock@n1i<lpac.nec ~:tinti.ulry@.hawaii.gov /\1«ting aJjournOO. AHUKlNI POINT TO L YDGATE PARK MEETING M r.'IUTES DATE: MEETING TIME: MEETING LOCATION: Villas FROM: MEETING A ITENDEES: (246·9067) MEETING SUBJECT: August 18. 2005 1.00 p.m. HST Ra<lisson Hotd lobby, anJ oo sit\!' at K3uai B'-'3C'h Sara Edi Shnn10ns .. fit\: JuJy Dalton. Kauai Btach Villa"s t\111 time Rd:i<l~nt Sana EJi Shnmons.·flt\: f\h:rli: 0. Gril11':S. ~1-DG. lie Encroochm1.:nc IS$~ rvtt"rlc: and Sara mtl:t Ju<ly in 1~ lobby of th< Radisson Hotd, an<l JiscusscJ th.,; projrti1, and using 1h1: a1:rial photo map. di.scuJScJ c:htrV .!ICOJ~ of 1h-.· 1>roj..:c1 and how ii fils imo th..: r..:g10nal plan. \Vi.: sbo\\ ..:d h.:r th..: pot..:nuaJ alignnh.11ts antl how Kauai B..:-ach Villas flt into the plan. \\'e tht:n all walk..:d out 10 the sit..: of the drainage area nonh ofthC' Villas. an<l \\'3lknl the 1>01cmlal route or1hc ptuh. JuJy said that slk: h.aJ lived in h<r unit for fifk~n }'t!afS and couJJ verify that the Jrainag..-ar<-a chang..-s Jrascica11y diffttt°nt 1intt'S of 1hc y"-.ar. She fdt lhat ch~ design should 1)ro1cc1 th1.• Jun1.· makai of1hc Kawi Bl"ach Villas. Sht.: sau.J how hnponant 11 W3S to h4"r lh3l v.:hicular aC"C..:ss to lhc b.:achrron1 btrV closcJ.. Sb< gave us lh<' nan11tofth~ Presid<.nc ofcb< Home Ownt'f"S As.5ociarion (HOA) as David \\'alct."rs, and Lynn l\lcCro1y who is associa1cd wi1h Pahio o~vdopm1:n1. Shi: inU1cat..:J lbal lh\.'n: would be support from ll1c other hom\!OY.n..:rs for lhc path to be construcri:d inakai of the Villas. if u was <lone as successfully as \\'t: h3d don~ at tht: Kaba Lani conJominiums at LyJga1e Park. • NOTE: Afi~r the m..::t:cing. Judy contactul Male 10 say dw she had reconsidde<l, and now \\"Oul<l r\X(uirc the pa1h to be roucro nuuka ofthc Villas and use 1hc cxiscing fOo1bnJgc. anJ lhnt \\tc coulJ put th\'. pa.1h in lh~ parking 101 of1hc Villas ifn1..-c-.-sst1ry. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 19 of 69 AHUKINI POINT TO L YOGA TE PARK MEETING MJ)IUTES DATE: MEETING TIME: MEETL'IG LOCATION: FROM: MEETING ATTENDEES: MEETING SUBJECT: August 18. 2005 4:00 p.m. HaY.a.ii tillk \Vailua Got f Course Sara Edi Simn1ons-fifo Laf rane< Kapaka OHA f"IDI Powell. SCS Archaeology ~krlt! Grimes. ~lD. Uc: Sara Simmons-Fir" Path lnl~.raction with GolfCoursl'. Mt"Tfe show~<l Lafrance lhe an;.i wb<k lhe propos\Xl pach would nm sotuh of tht: Jri\'ing rang.: b<-twcXn thet'. t« for hole nun1k:r 1 anJ tht": parking lot tor th~ dubbous.t= and int<l"S(('l "'itJt Kuhio Higlnvay at th(: soulh s.iJe of tile cnmmc~ <lrivc. H~ dtSCribt:d tht: prO).lOSOO nuu1cl and Ilk rason it was requir(:<l for dlis alignntcm tor saf.:lY for lhc path US<:rs. ant.I fOr minimizing th~ int.:rfl.!'ft'.:occ of the pacb ~r 10 tht: golf<r. Lafra.JX".:: anc.I Jim tliscu.sst:d Lht: p~(:Ofthc nukolii at th\.'. bas\.'. of the: h.'c box, as well as the alignmem of the fib<roptic cabk chat also runs along this rout<. h was decided that should this align.tnt:nt b<: Jcsirt:J, anJ llll.'. nurnel bi: rt:quir..:d 1hat the c.h::sign ntust have th~ runnd as shallo"'· as possiblt:. and lba1 sh~ would rt:\icw tJ1c c.ksign anc.l make a c.l~ision at lhat dn1t:. AHUKINI POr.-IT TO L YDGATI PARK MEETING MINUTES DATE: WORKSHOP TIME: WORKSHOP LOCATION: WORKSHOP ATTENDEES: Consultam WORKSHOP SUBJECT: August 18. 2005 7:00 p.m. HST \Vailua GolfCourst:: Sara Ec.Jj Simmons-Fit~ Tim Bynum. Mayors Offic..: Doug Haigh. County Public \Yorks. projt::c.t EU Okomoco. GolfCours.: 1'.1anag<r Various golf\'.=rs on island Meri< D. Grim<S, MOO. lie Sara Edi Simmons .. fift" Dr. Chip flt:tch<:r, Univ\:'rsity of Hawaii Frank Sullivan. T..:am GolfCourst:: Consultant Thomas Noy.:s.. T1tam Comput1:r Imaging Roxaiu1e MaC'OougaJ, T an1 PubJi-c-facilitator Palh Routing Jnt<r<tction wilh \Vailua Golf Course The workshop bt>gan v.ith ~1..:rk incroJucing th~ team to th~ g_olf courst! stakd1olde;;r group. anJ gave a bri-:.f overvi~w of tlk proj~t anti the;; various situations that tht: palb Will have ro iDlcr.lCI Wi!h !he golf COllfi<'. ~tdl<: d".oscribt:d the High\\'a)' Alignment first using a )>O\\"\'.'f point prtS(:ntalion consrructl!tl by Thomas. M.:rle showed and <.kscnl>eJ that should the path bt: alignro along the highway in th~ area of the go.If cottrS<. it \\'OUIJ n,,quirt: a 1aU n~110 bt: insralkJ along bolt: #10 and at th< fl 17 gret:n 10 kct'=p the baJls out ofcb< highway and offth't' path. Th~ other solution fOr this an:a. would bt: to re·build tht: tees lowt:r. Th-.c pa1h ntUS{ 3\'0iJ the c:dsdng n,; .. inh.'11lml>'nt sil< that is locat .... --J in the parting lot a1 lhe higb"ray. from th\>'. 1t:arn iliscussions "'ilh th~ Stat< Archaeologist. Nancy ~icMahon. she \\'3Dled to s<e a lhirty foot (30') buffer around the n: ... intt:mment site. Mt:rk also c.kscribt:c.I the crossing at Uk! <.ntranct: to tht: GolfCours~ as V\':f)' dangerous. Thc:n. h< c.lescrib<:d the Coastal Path isslkS and how this alignm<'nt rdates 10 the;; Golf Courst:. f\>fdl< saic.l thaa this aJignllknt coulc.I potc:ntially ha\'< St:V<raJ sub alcl>"ntach«s.. That lhe pa.lb woult.I b<gin on the nonh i:nc.I at elk point of the t:Xisting playbriJ~ at Lye.lg.ate Park. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 20 of 69 Golr Cour5< Wottshop August 18. 2005 Page 2 of2 This ronn«t.ion niay b...' a swinging bnJgc. The path wouh.l go pa.st thl.! 17th grc~n anJ b..: light a1 the grt:~n. At Ilk: 18th le<. wouJJ bt: a boanJwalk anJ 1he patl1 v;oulc.I ~ hi<l<lt:n down the slopc. l11omas' po\ver point prestntation lhl(n sho·wcJ a photo simulacion at 1hc 171h to show 1hi.: hdic:il pil'""S and boarJwalk. fkhintJ the driving range in 1994 anJ 1995. t>...:hind the tlrhring, rang~. is t.TOJt..'t.I ant.Isom< natural Vt:~tation has C'Ollt't' back. A fiber optic cable at the south c:nJ of lht: rangt: uias ins.taHcJ in 1994. MEETING AHUKJNJ POINT TO LYDGATE PARK MEETING ~llNUTES DATE: MEETING TIME: MEETING LOCATION: FROM: i'<IEETING ATTENDEES: Borany, 332· 7324 MEETING SUBJECT: Augus1 l9. 2005 I :00 p.m. HST National Tropic.al Botanical GartldlS. Kalah1..o:o Sara Edi Sin1mons·Fift: Or. David Lort:nct:~ Dir. Of Sckncc. Chair of M-:rle D. Grim..:s. ~iDG. Uc. tean1 kac.l Sara Simmons-Fifi:-EnJangc:rN and Threaten~ Planes on cht" Corridor ~lale an<l Sara inrro<lucOO theOlSo(:fves antJ cht: project with David. sboY.ing him th~ poci.:miaJ path alignmenc with tht: aerial pboro map. Sara inquin.-d of Davi<l wba1 would be th<-issues rdating co cndangt:r..-.J or thrcatt:nOO plants on th<-rorridors. Davi<l said chac then.: art'. oo endangi:rl.:'d plant s~icson this ..:-nJ of Kauai. Hc said thi:k is one l.:'Ddangcrul grass t.bal gro\\·s on the cliffs on the Napali coast. by lh<-Princc:vilk Hotd, bu1 no plan1s to worry aboui on chis ('ll<l of tht: island at all. David spok< gt:ncrally abouc the plants of tht.: island, mentioning naupaka. vit<-X. and uva ursi. and that Y<c could gef in couc-h wilb Tim fl)llll, rt:gar<ling birds. and the galanhil. a mu.J hen an<l a s1int Sara inquired of David 10 give suggestions of ttk best plant ~tdcncc guid"5, and he suggcscc.J sh<-gi:t a copy of \V~danJ Planes of Guan/Micronesia. author St..:-n1rud111an AnJ A GuiJc to lhe PacifK \Vt:tlanc.I Plants. ACOE, HonoluJu anti a resourc(' pason woul<l bo.-Dr. Cl)l\I< Im.a.la wid1 lb< Bishop Mu.5'<Wll, 84S·4 I 75. ~l~ting at.ljoum'-"1. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 21 of 69 AHUKINI POINT TO LYDGATE PARK PHONE MEETll'G MINUTES DATE: TIME OF CONVERSATION: FROM: DISCUSSION WITH: MEETING SUBJECT: Augus1 19, 2005 3:00 p.m. HST Sara Edi Simmons-fit~ Kancy i'.\.fcf\>lahon. Stat< Archa..:ologist assignOO to Kauai Archaeology. Culrural R1:sourci;:s, Hiscoric Pl'dt.:TVation ISSUt'S Nancy actcntl~<l lh._: firs:l public m«ting, so she is acquainc~ wi1h the: corridor. anJ Sara ask~<l her 1.11'bac \\'OUJ<l tk! iSSUl'S that Nancy f~h sbouJ<l ~of oonsic.kration <luring che J<Sign anJ routing of th< path. Sb< said cbal all of ch.: issu~ thac La franc.: \\·as bringing co our am.-ntion woul<l b< lhc san1e ones for us. Sara askt:J Nancy who mighc the author of some srudi\.'S of the Gro\'e farm prop<rti<s, and Nancy said chat IUOS-L likdy Rosendahl "·oul<l ~ch(' persons v.·ork to look up. Nancy saiJ for us noc to hcsica1t: 10 contact h<r tor other issues or hdp. AHUKJNI POINT TO LYDGA TE PARK MEETING MINUTES DATE: MEETING TIME: MEETING LOCATION: FROM: MEETING ATTENDEES: MEETING SUBJECT: Augus1 19, 2005 4:00 p.m. HST R<-Si<lt>nC'< of Butch Durant Sara Etli Siinmons·fifl.'! Butch Durant RolanJ Durant Robe-rt Durant ~11:rl~ D. Grin1<S Sara Simmons·fif< NaliVt> Hawaiian lsS-ucs Sara and l\.11;".rk m<t brkfiy \Vith th< Durants to give one more opporrunicy for che Duran ts to panicipat~ in dk location of the path, signag<. an<l ankniti~ lhat would honor th< a.ncknt v.uys. po.lbs ru1J 4r'-".OS of int ..... NSt. Roland Durant sai<l chat \\·e must show regocnition oftbe "iii". That \\·e need to i<lenfify th\! cultur~ of th~ iii alapua and chat the bow11.laric:s rome from cheJl<Ol>k. Thi;: Du.rants d«lincJ co panicipatc in Joc.ating any of the ala Joa·s (andcnt pathways) or any sacrcd sites on ch< map. ~lc:rl-e and Sara reminded che Durants ofcb< Public ~1n::ring on the 22nJ. and invic\!d lht.:m 10 conic. f\1e<ting a<ljounwd. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 22 of 69 AHUKINI POINT TO LYDGATI: PARK MEETI)IGMINUTES DATE: 1\-!EETING TIME: MEETING LOCATION: FROM: MEETING ATTENDEES: 1\-!EETING SUBJECT: Augus1 22, 2005 9:00 a.m. HST Kauai Historic.al Socicry Offices. lihuc.:: Sara EJ:i Simntons·fife f\4al)' R~quilm.an,. Pres. Kauai Historical Soci<ry ri.11.:rk D. Grint<S Sara Edi Si1nmons Fifo Historic R ... >Sourt:d focusing on the RailrooJ lines ri.1crk and Sara md with ~tary to diSC'USS the.:: path proj\X:l an<l usW the a.:rial photo map lo show h~r th..: limits oftlk.: proj-..·c-1 anJ Jiscuss th" plantation .. .-ro us~ of dN prOJh.'11)' ot tht: OkJ Whart: lh" railroad lines on the Ocan Bay Plan1arion prop1:rty. lhe Hanama"ulu Raitroa<l Bri<lgt:. the fishing pkr at Ahukini anJ the housing dla.1 was consrructeJ for Ole plantation workt'.rs. f\•lary tole.I ?vkrk that th~ rai1roaJs brought sug_arc.;.m~ antl pin~les to~ Ol<l \Vharffor expon. an<l rce<ivnl import~<l goods from bac.k in th< anc.i..::nt Po.Jyn..::sian timt".s.. Sara askcJ ?-.1ary about 010~ <locumt'.ntation ri:gar<ling all of th~ issul;'.'s. anc.1 fl.1ary sai<l that all of thl;'.' pcnint>nt photos hac.I alr..::a<ly bt-en giv<"n lo SCS Archai:ology on our t~n. but chat she wouJJ b1: a\'ailabk to answ('r any funh<r questions t:b< t.,;:am bad. AHUKINI POINT TO L YDGA TI: PARK MEETING MINUTES DATE: MEETING TIME: MEETING LOCATION: FROM: MEETING ATTENDEES: S.c1ion (2Al·332.3) MEETING SUBJECT: Augus1 22, 2005 I :00 p.m. HST Marin< Comp Sara EJi Simn10ns·fifi.-: Gary U~untt:n. l'.X:pt Of Ht:ahh. CJean \Vakr f\•krle D. Grim~ MDG. lie Sara Eili Sin1mons·fift: \Va1cr Quality, and Nois~ Abatclll\.'211 Sara and ?-.1.,;:rk m<L Gary on sit< al lh..: ~tari.Dt" Ca1np "'·h.,;:k they introJuC\.~ th1:msdvi;:s an<l dh: proj1;:cl lO Gary. Sara asked Gary what the iSSlk:S woul<l tk-tor prol<cting lhc im.:grit)' oflh<' wac..-r bolh on th< beac-h. as y,·,.-u as in Ilk drainag('ways that iint:racl "'ilh tht: palh aligllllk'nt Gary sai<l that he wouJ<l n:comnhn<l an<l thal he woulJ con<l'UC'( a1 our ~t t..::Sls for saliniry. oxygdl. con<luC'tivicy. and pH at th< following locations: I) The droinag.: art:a south of tht: ~iarine Camp 2) Hanama"ulu Stri:am 3) Hanama'ulu Bt:ach 4) Ahukini Point Gary sai<l with lb..: scope oftJtc projQCt. a f'.1PDES p<'mlit would be ~uinxl an<l thal tt'.Sts \\.'Ould ne.,;:c.I 10 be Jone for 1oial solubk solids. The pdlllit woulJ cover dk cnrire project .. An<l lbat thi.: locarion fi'om lhe oc<an for the b.rh.Jg.,;: nonh of th.: Ra<lissoo. may 00 an SMA isssu..-. If a 401 is r1.:quirc:J, th< Stat..-: wah.-rs must b.! c.lcfinOO.. anJ Lolly Silva can assist \\ilh Lhis. Also. lhat the Jrainagt: area by m~ Marin~ camp is tiJaJ in narur.:. bm inh.1'\~scingly il runs away from the ocan rather than 1owarJs iL Also, tha1 tht: <lrainage an:a soutJ1 of m~ Radisson comfon station anJ parting lot in his expai~nc1.C has nevi;:r function~ as a Jrai.nage way. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 23 of 29 AHUKINI POINT TO L YOGA TEP ARK MEETING MDIUTES DATE: TIME OF CO'.'<VERSA TIO:-<: FROM: DISCUSSION WITH: ll>IEET!NG SUBJECT: Nowmbt:r I. 2005 10:15 p.m. EST Sara Ee.Ii Sinunons..-fitt-David Bukowski, Pfl.!-vanion Captain Counry of Kauai fire txpann1ent fire and Emtag<ncy Sd"vic-.s lssut:s Sara spokt" wilh Davie.I and brktly lli:scribt>J an ova"•h:\V of th< limits of ch~ projt.:'Cl an<l th~ various optrons for atignm<nts tor the palh proj~t. David indicatW chat his primary issut" was in access to th< path for <:m~rg-~ncy vehicks. OoviJ soiJ th.at ifhc coulJ hov.., ooc..,ss tu opproxinuu..::ly J/4 mil'-' locorions along th.,; oorricJor this \voultl ~ suJlicknc for his nt"OOs. Also. tltat if \'t"hicks could hav~ aCCt"SS at dther ~n<l of the Hanama · ulu railroa<l bridge this v;ould give the officas close dlough acc<ss on foot to assist in an t'tll~rgt::ncy. Ke-A .. fklc \111bl;x: r...,1ot" I M .. UWt. Cmm M.ud1 fl. 2006 ~"'t t-·OO l'\1, PutOll u. ..... .W..U Ritc ~ft'd. l_.ie Ill AncndN by: Wu~I Uti(T. fun 8)"11t11n, \t:artc • n'C'T"'1A. \l1,"tle Cm~ 0oua: tl;alah. Uwrle Ho. ubotta llu""')·Alboo. l<lb• L)di;>tc. Rot...., M<>....,llt, L<L1n No\hcl.. Tht1mn• No).,._ It>)"" lt<gu>h. 0.1< R°"'11fckl. \t.fJlo St><-. Rlcbanl Sugj)lllM. Gabndb Tl)'kw, Md[);-z..dw) NC":o mc'C'tmi; 6111') P-\I, \b.rt"h Zll, ~ Pu\ot llu.1khrt1 ~1CC11n1 Room U Ooua I la11h caJIN the n11.~11ns to onkr. 11•1.Jb a.t.11.(d 1tQt for '•r'M)U• rt:J't)ru •• ii could bC' llidvwM;ai$C(t13 f<lf tbr Kc Al.a llelc 1\ta .. 3ilat' ~uip lO be mdcprndml (roo' lhc (.'ounty £~ al.l\c.'ft tJk"ludN. ti1h.an:U1cc-;ofan ~dew• aroup~ubrnm11111C"Stimon) ontrliJncrt bdl.lf't Count) qmdC' and had'°-cuc:h a:\ the-t'ot. .. I) C"oinc1I 1nd lhc 1•1:mn1t11 C(lmna~ .ChlfU~CCJ O( an lftilkpaldml grot;p fllu'IBUtj publl(' tc~UOM ClmfWgM. ~poodlftl 10 dullc.-rtJ.'b kl the p;uhv.11)-.. prop;un in t.hc publ~ fONm.. or proo1,."1l\rly d1"1"4."mUYlln; (Mlbli<ll)'. ad\~nlip o( an atdcpmdcd Jl')UP 1a..un1 ~ • fl9Cll1&1Uor bct,.c-cn ~wl.c utt~ a1td ,.,,,,,,,,..,....111' ....... Tbonw "lO)C"J a.d.c:J If, sin«.::<' Al11 flckt \bl..abe b~ bc<-n an cnllt) foe' K\mal )'t".....,,,_ !Oltt-theft! ~M comn1r.11u1) mcmbcn "'-"'"' n l<J hold 1111)' posluoo orin OUll.'T!Ce • ilh1n 1tw 1JOUP. llic t<WIJC"ft.W" "'-.. 1h11111ftcorc •'M oobod) lmcntio'TI to I.hose prncn1 hoW1n1 an) tuell pos11..,.._ and tlwu Mhi:T th;m I l11>h. then: "•~ rrnicntl) no k*"htp for lhc itfUUP NO)l.'S•~nll)'OfT~ 10 .as!iUmC 11\c ~ji\tihttaa)SOCU:tcd v.dh 1 \otuntecrclta11 pt)!iillKlG (or lhc' nrpru.Wion, "'nh lJlc mU..-nt of hi:s bc\."<lmll\ll lht J"lid CA~UU\"t dirt'cltw of Kc /tr.b tide t\b1blai: 11• ~ oon-rrofit. ~)I (t't t' I "'Pnlnh11A ~ &fV'IP \UUnlml1U"IY ~ NO)-ct' ~•tlOn Laurie llo .li1ld l>11at1C /...atbtat) on<:n:d tbc..u ~ ll'l lillD~t..odlHg Kc Ab lldc: t\bU&ac from lb '"""'' _.., •o • 5<11 tCI Ill orpnlz .. .., The"'"°"' 1111.,recd10 •S"Jl tn the procC"SS IJ co1nmt1K'C rncmlter>: LlauRI Doer. Tim O)"lklm. M•'I/." F""""'"· Doo!J llllisfo. John tyJilll<. Rob<n \lcn"'I. Jr. tci.n ~o>lld. Thon>n N•>"'-t>.tlc k~tdd. V..bndlii Taykw. and 0.anc /.ai;;bou')-ttrnt<alnC"I)) Hlllsb rt'\'~'N 1hc Alli'" <-(II~ fi\'t rtm11n1tt1 rhasn o( lhc-rt1'1h~·l.&SC coa_q;al ~tlVi•)S Pba\.f' II 9'.•pa• ro l't11Ra (9'••• 8•) ): lin lht dc3.tp..IM11kk-ort'tll'\i(ttl.Wi t.u,.:. 11.aiah ~ that lhc.n •'D d1~51on bc'fott the: PlilJllung C<"mmli'-•On rcprdm11hc klc;ahon ofth( com(on a.cation :it tr\.cu.la;i lkxh The h(C1Juri1o ••nlnl la ~lion the romfort \Qf!Oa adpC'.ml ta 1hc e-;1..a1n1l1fcal.W"d1c~C1' (i:i.r thctr 1;e1C1\oeo,;cucc .. rlliC l'la.u1u'lli) Cu.n1n1 .. ~1on fch ttw •he \1f.U,ll in'fl'kt of build.ta' the comfon ~W:>a an ltut loatlan ¥.ouW be dC'ttunetUJI kl t~ CO.bl.al \ icv." fmtn Kuhlil ll•P'-1y and ~l'DI appeal ef tbt aru. h •D dec'tdc:d 10 ('Ml1iioe the 1.'Ul\fon .uoon aJ oog.1n1Uy !il)«lfi<d. m 1he' Jov. area oo I.he rNM.Jb ~«of 1hc-p.Jlh\\--a). ~Wti the nonh <nd or t1ic bc..ch FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 24 of 29 Kt> Aa. I lode M:iLaLw M .. Ulln from \latd! 6. 1006, llK'rt•• 6.."4)0 l"M. P11W. U.. ...... .a.u.a ll.cc SWM. LllllN IU T1lit ~ ~ b«Vlttn die~ Md ntuh•1W petht. •• u k ~by pbMtftl.S o.lt R~W DHC'4 dw MW of pcfntlllll Cl9"'M .. I ofllil!in.n for~ 9tttn IO die: tntl lta.p~~, .. _. ~of(oimm.111) Af.SI~ pnslt\~t)' to~ ~ c...., "'"'°"" Pila~ Ill l~>d&att' te Kapu: lbt ,..._ 1"MJ011 tfro1111 Pre \\ apMl1 Shonq Pba aa.~ lht Kam s-b lklld• n• loeen' '*'oldie' '*'"'I)' AnkcJ, ,_.,. olthr pmf«l. L<pl tt\~ ~ .._ )Mk'C' lha"c •:l!-~ao.) f\"P'JllllSthM ahpmcnt. Mdm xttpbhk-oon .. d ......... •as r~. thcotT ca.Id be litpl dulbcn-\b)'CW Bapisw .. din:«C'd IW&h 10 dctnmflne •'hlit tt ~ ...S do ti ~ alipvncnt oflbc pM1wl.ay •11~ •"""'~~ l"l'ic \\ ~lu.11 ltnu CaM Haul H~ • 1JI ~ •ltcftd to~ l•-o la"C" Ct( \dlacvhi trall'x; and• kng.11!' mult•·M!ot JNll.h. 1~ \\Jl)'Ot ha ..,.,Rod lh" trllntoittein a, a h1$h PflOl'dY-Design (l(Jd;l' (S750.000apr.iro\) •1ll M f)IMI from rathllUI)"' r""4,111 .. tk.it Cclfl"9;1'\11.190n ~ .. of$7 mu m1lhon ,.'lll cotnc from "*9'4<t) 1mrro\~ runcb ll«au'of thr p.uh-.~} fn\ tronmml~I AS~smtftl Md drtii~'ll ron~uham CQl'ltnk:I '' c~ ttl c~k'le •NI MOO!~ lht wed so~ donr rot en the b.-~c, tnfTk fl'hC'f "h<iulJ be Wft'll)klcd '"' o } an. tOCWM.T d1an 1f 1hc ~ hlld 10 be ~cd Jd 1h1~ 111uc, Addlhoiulfy, 1~ dNti:n v.Of\ .,,,11 be (cdcnll) t1.1nJcd. ra1hc-r 1Nn "tltc fund. bcso1 (OOjijntC\I Thoe tttt cood (lf!p)f'l\ltlllln ((11 !'lfWC11\~. f'O'itll\C rubtlcuy ~Ille patb"'U)). .... a ~Pl.II 1(1 hc':i(I '"-'"'the' IClllll) or1hc ~•lhml Kul\Mt llJithW<ayncr. .. 1.na IOWll'ili lflc m~k.o.i md .,r1he Sl1..~pina C1un1 (Nootmu Mm1nfJ101) Trnll, d~ will 11«\1 M be a \"C>1111rnum-m (mr11 thr lk-p.1ttnwo:n1 o(Lan1.I & NAlllflll M.~11'\.~ COi.Nit) 10 mul.ci 1tw c:nnnci..,.1cin, Ai.k111u:1n11Jly, there ,.,u M..'d 10 beun .-llf'\.~tnCl'll \lo1lll llw l;andov.1ier. II~ l.kllQ Ml,11....-h•nt1ly Trup i·tic p111h" 111 c:to~J 1.:uhio lltgh...,-,.y ~.C~"tl-l lo Slafe\lo II)' <1Urmn;lrkC"t a1wl f!l'\K'CC\l 10 Ala Road. .,...hteh v.·11111'1\'C! ml\c:\I tllmu\!d) ~t:hlcul;lr 11\d muhJ.w.~ rn1flk_ C\im'fltl)' u ,,n,·uu· road. Ala Ro.'td v. Ill be: 1.kdn.'llllcd 101hc Coumy ~lo:1n:U.:11I R()CIM.I kJd1t1ai 101 lhi Du;u M111t1J1 .... 111 b«•m.: OflC "~Y· """II• Iii."" roe r•nldna:and a bnc f\w-multf-u,.c teblt N~ltc~ rcmitl\kd the iP'NP oftlK' c~ tu int.c11nr•c • t«R".:ihorol oan:il l)''km rrom \\'11hlil Rha kl 1tic l•b• U.1 Ran., llR'll .,,.Ith 1tw: pgoth\lo"J'J. Ph1w \'I ~1'<'lllwlll ta Alh1lih1I: On ~l;ltth 11.1006 • R'qUC'll f\M' rmf('ulpn.il K'f'\.Kn fot !he' tnunJnn1C'1JLll ..\\."(~~n1en1 f,lf thl" plM~ 11o1ll be 1nllitd S500.000hibbttn11~114.:d (or lh<c do.-~nbudid f'hut \' lo:•aa 0..) 1•1\111tw.lol»: ~ '" "' plJ«from ttw:llo1\loa1...,.11~ Thctt11 ~ fOr I ~a,k \atlCal t-c:hiiC'ulM ..-,""'" tNbllll t~ palh•~y. l•M:ly to 1bc Cnd. r...,... .... Kc Ab lkl.r\lilU~ ,.,..,.,,,.I M•"'*' IMtt ~t-11 e.. !C.IOb ..,... .. 6 C10 P\L hktM u..&k&illlf. .U..M It.I« 'lft'CC. LIU 111 P'lbl~ I\' \llll•llal 1• I~) dot..:(.'°""")' l"'¥•nm o..td futwnoeo.comolblll r.. tk &\~A .. ~ \kfW(Jf't_._ol.\kttcO (ifttne\U(".lu.p. "lo)'d.,M&l\\*'llM 0otrc..-~"'°' ld ~ -.1.11 fftC'Ct -.Ith '"''\If O..,.n1t• ~t..n:-111. ?006 '° ~lhtrouk MdtR~ ~Tl arm a.-~ •• ,11~ • ._.""°'"..._., :01Kft'tol....,•1hc't!Qbicm Dfl~•\'!ll\t) lll.'"·~--t\-iCpCoiCIMCdata•~a.d.-lf~tk .., ....... ,n 1r1ttp • ...-.~ '°' ....... _. tcdcql r-..... • rlllWC'~--. A cllill~ -."°"llk'J •••II tllllc lbNmritiul• t·~ 11• 8niJcc *' • llJIP'l».d!Uld> l'O ft. drop off • tbc~1G11bodsc'llldo.™--1p.k Tlllctt••ll bc-a<Olil 11n'Ol,~•dll~ dmdi'ap •ff 111e srour ~wt lht f!ttftlTl"d a1..pimm1 ror tbt '*"' ~ the 'SQoih ~) ~ thit •lunf. dw tclell. "'hd ...... 11hYt • ('•""" 1'l!Ofl .fonc Grufta, l"CktftJ to c:1~ •-ntleft con1tncl'll• 1)11 the Pl'll-IV di.lift (.n\ 1mnmental A~ Nf' o(tbc ro11111ttnb (Mt artt«.Mdl 1\-.1 ~ d1,.1nt...1tcd b) c--awl Gnmn ~•-uh dx I lll• &Hiii Ow11I (ount•L kt flO "'""114111 tb-1~ Vii .IS ft'ladc. dlll' 10 their be\> or a fClnlnl. A«onhfll to <:.nmc..,,_ nono oflhc commt'fllli M .1nr of1hc alignmmi.te .. ~"show ~Clpp<."D." 11'c ¥JfM•P ('~ • fMihv. -:ay •llf"lmnll oo die nuul-.11 ••de or die \\' 11.111.111 C'onl f C(U'o:e, l»i;ically follu"'tf\¥ the allp111)t't'll rtt<cntJ bt 1.hc :>lcma C.. lub ,,,, lll'\I Kt' Al• lff4f" ,\11lr..llJ1f" tl\"1'lh~1 V.ll\ \(hf'dult'd for 6:00 Pi\t o• ~10 .. d•y. ~t.n:h lO. ?CICl6.. In ff.1)11111 n, t'lllim th1ll<1h11t. t.ll•11t1. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 25 of 29 AllUKINI POINT TO L YOGA TE PARK MEETING MINUTES 01\TE: ~·1EF..TING TIME: FROM: ~1EETlNG ATIENOEES: MEETING SUB!ECT: March 10. 2006 I :00 p.m. HST HOOT -Knuai Office Merle 0. Grimes Steve Kyono -HOOT Jim Tunurici, HOOT Doug Hnigh. Public \\forks Merle D. Grimes. ~iO<'.i. tcam It.Lad I lighway issues along the proposed pq1th corrid°' The nlttting: began wi1h a prcscniation by Doug f-laish of the altcm:nivc path 31ig:.1unen1s as ideniificd in the Drnft En\•ironnlC'ntal A5SCSSmem with nn emphasis on the alig:nmen1 option dt.i11 f13tnlkls Kuhio nnd Knpulc llighways.. Upon review o(the ahcmative alignment plan. Steve Kyono stated that the use of highway right--0f-way for the path project (if rn."Cdl."(I) could be .-approved in the same mannt."T as it was ror lhc Lydg_atc Park p.ith th.al p.ir.i.llels Kuhio llighway at the A~ Oeach Resort. I le further siated that sinec both projcclS arc transportation rcl;ued. he prcdi<;1ed 1ha1 no issues woi.Jld arise in the event that highway right-of-way is n..-qui.rcd for the path. 1\'1erfe Grimes. s1;:11cd th.·u he hOld concen1s rtgarding the 1>rop<>Sed !)>)th in the area of1hc solf 00-11'$¢. S1~ilie.1lly, 1M1 the path would need 10 cross the main entrance dri,·c in10 the golf course and 1h31 this op1ion could be unsafe lOr p.11h users because of the probability for automobile/path user conflicts. II was noted that the intersection is already unsafe. and that the addition of the path may make conditions worse. The discussion or the solf course reach of the highway n::sulled in a request f r0m Steve Kyono and Ji1n Turturtci 1h.111hof: entr.'l.1~ road to the golf 00~1rsc be moved 10 a loc.11ion dirceily acros.s from 1he c:<i.s1ingjail entrance ro.1d for the pul'J'C)SC ofimpro,•ing safety. Left 1unl lanes and decel/cxccl lanes for both the jail and golf course entrance dri\'es were also requested as pan of the realignment improvcmcnL'>. The path could be loc:ued makai of the main entrance. resuhing in a more safe bikc/p.-dcstrian path nlignmcnt. Doug I laigh and Merle Crimes agn."Cd thal mO\•ing the highway cnlmncc road into lhc golf course would be beneficial and :igrel.-d to s1udy the op1ion furd)l..-r. 1\'1etk Grimes left a copy of1hc Drnfi Envir0nme111.1I Asscssincnt \vith Sieve K)'Ono who agreed 10 write and send a lcner with HDOrs commcnis regarding 1hc OraO Environmental As..c;cssmcnl. ~'1t."Cting adjourned. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 26 of 29 Kauai Niihau Burial Council Meeting DATE: ~1EETING Tl~1E: MEETING LOCATION: FROM: MEETING ATIENOEES: MEETING SUBJECT: lnform.:uion regarding agend:1 i1cm IV~ F: May2. 2006 9:00 a.nl. HST K:tu:ii Co11n1y Cou.ndl Cl\o"lmbcrs Jim Powell, SCS ;-\rch:ncology K:111:1'i Ni'ihau Jsl3nd Buri.al Council May 2006 Agenda (sec below) lnronnalional Update ror the \Vailua GolfCoursdCoostal Path Alignmt.'11t (TMK: (4) 3-9-02: po'4) lnformlltWlt1/Rtton1.1"tnd11o1io1t: lnforrn:11ioiul plC'ooC'l'lbhon by SCS An:hnrology for the pul'p05(' of obttnnina the councd'11 nppro.,11.l for die r~ Kau.11 Count)' O»stal Path 10 ~ .. 1dthin JO' ofa known buNI in 1hc \V•iluoa (iolfCouNC p.u\:inJ IOI. An infonna1ional update on the Path Alig.nmcnt was presented 10 the burial council by J. Powell of SCS. After a short discussion clarifying the location nnd circumst.nnccs regarding 1hc rcques.t, the council voicd unanimously io recommend approval of the proposal. This rccommcnd.11ion fl)t a1>proval will apr>car in 1hc 1ninu1e:s for the ~la)' 2006 1nce1ing. Agenda for: KAUAI /NllHAU ISLANDS OURIAL.COUNCIL~IE[Tl.NC OATE: TUESOA Y, rilA Y l.1006 TIME: 9:00 A.1\1. l'l,ACE: KAUAI COU!'iiTY COUNCll,CllA1\1Bt;R$ SJ96 Rl(;f: S1'Rt:t:.'T l.lllUt:, UA\VAll ~766 I. CALL TO ORO ER & ROLL CALL II, OPEKl.NC RE~IARKS Ill. 1\PPROVAL or DECEMBER 6.1005 MEETING Ml.NlJT'ES IV. 6USINESS A. t:l('{'Cion or (;h11ir and Vi<"l"'(;buir 1§61-;....4J.S(f)("). II RS. §1.J..J.00...2 .. (t), llAR. •nd §92·9(•)(3). llR..'il u. Bul"lll.I Con11>0ntnl ora Oa1a R.t'tO\'C'f') r1a11 for lnad\'C'f'IC'flll) f>btO\"f'rtd RtmaJns In Kapaa To~11: Rcbu.1"1:11.l at Kfl1>aa L.ook-0u1 Ka.paa Ahupua'a .. KawaJh.au Dislrkt. hla.nd of Kauai ITMK: 4+-014: 34. 1001 l11fo1"1111111totl/k~n111ttMl:atlon: lnfOmW10nal ~IJlloil ofd~ bt,nal ~I or. dJ•;;i. tt<'\Wc:ry (llJf'I by scs An:~IOl)'. R«<i,,,n!CfM.btiotls frQll\ lhc: Ka~ I NiiNu l1>lnlld1; 1)1Jri11I Council on 1he nwsurC$dc:1;;a.ikJ in 1he pbn, C. 81.u•ial ·rrealmf'nl l'la11f<ir1'4>i11u Vill:as l'rojtri Koloa Allupu11·11. Kok>a Ois1rkc. ls.land -0r Kauai 11'/\tK: (4) 1·8·015: OSI. 051. 0741 I nr@rm.11tion/Rtt1>1nmf11da1io.,D<-ttnninali@tl: lof<lm•1:t1110nal updJk by Qil1ural ~"'C)'S lla'tli;a11. R«c>tnnxn1.ti11oos frocn 1bt Kn~ I Nnhau ISlanl.ts Bunal Comir.."'11 on th!.-~r.111ion O"KW-&uikd in the buri:il 1tta1mc:n1 pl.in. 0. Llnta&ICuhural l>n«nda111s Claln1 Burlal l'rtatmtnc Plan for Poipu VIiias Projtct Kolo• Ahupua·a. Kotoa Olstri<'t, Island of Ka11ai IT/\IK: ( .. ) 1·8·015: OSI, 052, 0741 111rorm~llon/N«'Oflul'ltltdatliollll)tttm1l•111kl•~ Jt~i1ion oflin.:al W'-Of wlt111'"9I ob«-~1$, E. 8url.a.l 1~111n•tn1 Plan ror Kapal:a~al Rf'S-Ot'I Proj<'tl l\111ka"tll Al1up11.a'a. \\'alm('a Olsirkt. Island <if Kaua.I fT~IK: (4) 1·7--0i05: 001 por.I I 11Jormalion/Rttt11111n('111btio~""11li•11lkl•: l1lfOrmat101111l updalc by C.iill\l~I SUl'~)'S tta ... 1111. Rttonw111."ftd:ltlOll5 rn:wn cbc: Kauaa I Nuha11 l:Sbnds Burial Countll on die~ ikuikd ifl the burial ltt:'ltt11«11 pla11. 1-·. lnformatM.mul Upcllltl' for lht• \V•ilua Ct1lfC11unclCoaslal Pulh Alignmf'nl ll'M K: ( .. ) J·9·02: 1>0r 41 l11form11dot1/Rtt001mt1td1tlon: lnfonn.itional pre$Cntlllion b)• SCS Arch.itology foe· tht pu~ of obluinins, the: coun.."'1r 11 appo:l""lll for cm-propo.b<.-d K11u;u County CoaM11I Pillh iopn~ witlun JO' ofa kno"'n burial intbt \\'111lua GolfC~ parii:•ng lot. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 27 of 29 A.A•• .... alk••• .... at.'• ll \1K: (•)4·7-el l•..,._.ki.slil« ah•'-:!l ...... "> "-*'fkt'.,.._SMl('ftlmt ~ ---8. Kt<Uh r1 \1K: (•) l~i.at?: t.111 l•--~1\ ....... .., ~fk(·----~lC'ft--~ ---\ l. CASE LPO \ Tt ~-I' \I>\ t M.TI 'r 01\.CO\ l.Alt.S A. Si.p t~••il.> RNM11tt IT\I K: ( .. > I ...).lit!.: ._.! • .a, 11 .,,_,~ ,..,_ • .,".-,.DNrW•.1..._..et.._ .... ,...,_._._~ C'tl 18. lud,otnotal Ol\ft'ff) la ''••W• IT\IK: <•>....._..,: .. II A-W. Allo.,... ............. Dht,..,.t. I._. .t ...._. .. ,..._, ... \'111. AOJOLR~\lr' r ......... rt:) •• ,._..,..._...,..., ......... __, .. ,.._ _ __,, __ ..._,~-.._... ............... -~ ,..._ ......... ,. ....... ..,..,o.,.~h""C--.r•• ............... l(lll"I .............. ___, ... _ ......... _.. .. ~ ..... -.. _ .. ...,... __ • __ ......... ~., .. c._11 ... ..._., .. c. .... ,,__ ___ 9!~'t:\i·~·\ ........ ~ ................. '-"t•••, ......... ._....... ..... -""-... ... •«-•J ... Hll1. .. _._,. .. i-.1 ..... -.... _..,,......_ _ _...... .. "'°' __ ~,.._"'' ....... _ A .............................. _,._...., ........ _..,_..,. ..... 11wi.1, ... .....,__,.._.,__~ ,_..,. .. ......,._._.., .. ..,,._...,......,.._..,~., .. ,.....,...__r ....... -.~ __ ,_...,, ....... , .......................... _.. ..... l)AT[: ro: FRO~I: SUD.JEC'r: COUNTY OF KAUA I PLANNll"G D12PART\1hNT 4444 RICE ~'TRLlJ I', SUITE A473 LlllUL. KAUAI, llAWAll 96766-1326 \l•y 3, 2006 Jim PO'\\ell MEMORANDUM SCS At<ba<ol"11)' Kauai llwonc Ptac:n'8llon Rc\'1ew Com:n:u:sst00 Rcqun:1 f« c:ommcntl In cotnphantt wuh Cholptcr 6E-42 Hucooc Prefet'V3tton M.cvu:w (~proposed changes to H.arwnaulu Railway Brid8'¢. State lhstonc Site #184S. Tf\1K. 3·7-02; and Proposed c;hanges 10 :a bo., culvcn. Soue lh•toric Site N 1846, ThlK: 3·7·03. ILlmamauJu: Ahukini to L.ydpte P1ul Oikc n.nd Pcd~tnan Path. Fcdcra.1-Aid Proj1:1:1 NO. STP· 0700(51). Lihuc. Kau11l, llA\i.•rul. 1b<ank you rul' afTord1na the Kl'lu~l l-h810tic Pl'C!ltrvudon Con\11li-S$io11 (Kl rPRC) the opportunity 10 c:(u11n1<:n1 on the above llroJ«t 1md ror )'our lnformiuh·c background prescntauon. After reviewing 1hc fr1(otnlnt¥on provi<kd 1u ht f\1iay 4, 2006 nlccllng. 1hc KHPRC agreed with tho use or 1hc t--111nam1udu Rftllroad Urldgo fbr the bike p:ub nnd ils prcscr\lntion llnd rcco1nn1cnds 1M1 o.nychnoi;cs hfl\.'(! n mlnhnum 11111>.iel on 1hc cxbting hisloric chamclerofthc bridge. \Vhilc tho propo~d decking. nu1t1.1rinl wai ill>l''°''t.'<I. the K.HPRC ~utstcd the opportuoily 10 review more dcutilcd dntwin~ ortbc 11ro1>011etl nailing dc-.lw1 "'1lling •dong \vhh i1ny 01her ahemative dcsignr. th,11 1n:i1y 1nh't. bcco con4ldcrc:d. l'lc.isc con1ac1 R.lck T~uchlya Bl 241 .. 6677 should )'(tU h.11\c any quc!ttions.. Maha lo. cc: SHPD Budding 0JY. a11n J>ou&h tla1p FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 28 of 29 Al IUKJNI POINT TO L YOGA TE 1>ARK ~1EE'l'ING MINl!l'l!S DATE: May 22. 2006 MEETING Tl~iE: 9:00A,...I ~-tBETINO LOCATION: Conrt."tenoc room al the Office of Public \Vort;s FROM: rvtercdith \Villi:uns ~-fE.ETING A1TENOEES: Doug llaig.h Merle GrinlCS Pat Phung Thomas Noyes Meredith \Villiruns ~fEETING SUBJECT: Review of1hc 311t l\1blie ~iccting Prcscnta1ion Conrctenoc Doug and ~fcrlc ,,·cm through the power point presentations that would be presented at the public meeting #3. Pat suggested these things for 1hc Final EA!Prcscntation: Say PGth·side res1ing s1:uions rather than picnic slM!hcrs in the presema1ion!EA since the project is funded by TE funds. Send the maps and the prcfcm.--d alignment 10 regulator)' agencies for another rc\•iew as an ··insurnnoc policy-List NEPA review scp;ira1e from I 06 Consultalion List HRS 343 afler li$ting the Drnft En\•ironmenml Asscssmem since it is a SL'lte process "Alternative fonn oftransporta1ion .. should be lis.tcd l~HtST under goals of the project Chanse "cronomie stimulus .. to cco-tourism Take out ··cumulative impact to the coasiline .. and ··oovcrse affect to condo ow1)CfS .. in rt<1sons why we didn't choose the coas1al alignment, Include these in the comments scc1ion. Too much detail ror the ramp options from the llanama'ulu Bridge in the presentation. Keep option 3 as an example bcc-<iusc it is cask-st to visualize-. Take out tlw: r:tmp det:.1il to Hanama'ulu Be3Ch Pa~ for the prtscn1a1ion. Take out some of the in1cnlmcnt photos for 1hc pre.scnmtion-too many. Cut back on maintenance slides-too many. P:n asked about the maintenance budge1, and Doug s:iid it wis increasing for the Coumy. ~foncy 10 oonstnict will run out by the shan."d use path. Doug ~id he is hoping for land donations. P:u said Lha1 he Lhinks that iflhc S1atc park owner a.gre~ that it is a nel·benetit to c<>nStn.tCI the ooinfon sta1ion :u AJ11.1kini Poin1, then i1 will not be subjctt to 4{1) rtview. A shower is desired at the proposed comrort station :n Ahukini. possibly an outdoor facility. II was sut.;.gl"Stcd to opt.'11 up the view 10 lhc 01Xan from the cane haul rood ns you 1nove from Ahukini Point. \Ve mus-1 get rtspo11sc rrom Suuc Parks about 1hc comrort station at Ahukini Poi1u by 1hc Final EA. ASJ.rrO guidelines should be incorporated into the bridge dclail-show this. The private rOOd will be donated as easc1nc11t in trade for 1hc palh to be away from 1hc ('().'ISi. PAl-110 folks 3rc eoopc...,ting bcca1.1se 1h<: S1:.tc l:md use d<:s.it;1l.'ltion for 1he propcny is rtSQn, but the County 7.A>l\ins is 11oc. \Ve shouldn't use "wciland" tenninology. but in.sicad. -drninagc issues-in describing rouU"S for the alignment. The ~fotoc:ross is to be rcl<>C<\t1..-d and is the process of e.xecutive order. TIM: dusl is a big issue. Safety fi~1! If we na.-d to 100\'C 1he poles al the parking lot trn.·u i1 will be done if it"s a safely issue. Signase will be ncccs._~,_ry at the part ins lot of1he golf coutsc: that says "golfer psrking only". Ed Okomoto would benefit l"COtKKnically rrom a bike palh stop a1 his facility so nlOf'C fl"Ople could use the rcs.1aunrnt and otht.-r :imeni1iei1 at the course. To 3\'0id major 1mfli-c impsc1s.1hc prcscni en1rance 10 the golf coor,;c l)ari:ing lot should be lcfl open while the ocher is cons1ruc1ed. \Ve will need u staging area ror construction at the parking Joe. Merle suggested a wOOtk.'11 fonoc around the pump S-1a1lo1i.. but Ooug and Pm both rcjectl-d this ide:I bcc.'IUSC wood will roe. Jns1ead, a ch:.1in link fence with blinds could be used. Gunrdrnils will be necdcd because th<: fence will be so close the high"''Sy. May need 10 coordinate with 1hc DOT on this. \Ve want to keep behind lhc power poles with the guardrails and fencing. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix B Meeting Minutes Page 29 of 29 Standards m3y sa>• to wrnp the guardt'<'ib ou1.s:ide of the power p<>lcs. Through the Nod'olk Pill(' tree area. the gool is to not hove 10 move any trees. Leland said he could do lhis with the equipment he has. Golfers will certainly complain abou1 having to move 1he stakes. Pai suggcs1cd that maybe 1hc ~1ayQr would agree 10 lower golf fees during cons1ruc1ion. Constn1ction oft.he p;.lth will be a major 4(f) is.<>uc-Pat says golfers could sue 1hc County r., 4(1). Sr..,tA pemlit will be needed for the addi1ion ofbouldcrs 10 bl()(;k the bc .. 1ch for p.."<lcstrian pa1h only at t~ Lydga1c P13)• bridge scrueiurt. Maintenance position will be a Coun1y employee, spceific:1lly assigned to the 1>a1h. Rcgurding !he workshop: 2 nonprofilS ure the PA Tl-I l~oundation and Gn"Cnway l~oundalion. ~y bring in lots of money fro1n the pri\'atc S1.."Clor. Thomas asked if the fll\VA could help fund the conforence. SIS.000 is needed for airfare. hotel and olh\"T e.xpenscs 10 bring the consullants out for the 1.:onfer1..--nce. Pai :tSked if1herc wel"t 01hcr fu1lds 1ha1 could be used. [)()ug s.1id poten1ially, from a bike palh fund. Pal said they coold not pro\•ide funds if the conference is scheduled for September because it is the t.'f.J of their fiscal yt-ar. so funds arc lucking and they arc \'e-ry busy throughou1this1non1h. October and November would work much bcne.r. P:i1 suggcs1cd th:n they ch."lnge the d:t1e of1hc conference only if funds ate provided by FH\VA. h would take P:u a week or two 10 Sci an answer oo funding, Thomas di.scussl-d lhc agenda for the workshop. Merle hopes that 1his could bc<:onM: an annual trail confc:n:nce. \Ve discussed wha11M!<:ds 10 be finished for the Final Environmcmal ASSC$$rncrn and includes: 4(1) Get MOOT to s:-y 1hc:y C.'ln'1 put in 1rnfllc ligtus along Kuhio Highway 10 allow 3 1n."luka s:idc pa1h. Thert is 1)1)t cnous,h r001n on 1he makai side of Kuhio. Pat suggests that part of the mitigation f0r lhe golf oourse would be to redo the p~tking IQI wi1h TE funds, including grading. s1riping. and whate\'cl' else is necessary. 1-lclp dr:1fl a lcncr for Ed Okc>1no10 10 :igttt t() this mi1iga1ion. The drnn fin3f EA will be sent out to Ooug and P:it for review on the 7"' of June. Ap1>cndix A will be 106 Consuhatioo and Appendix B will be 4(f) cvahla1ion. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 30 of 69 Several press releases were issued for the Public Informational Meetings held for this project. In addition, several articles were written about this project. The last section of this Appendix includes letters protesting the golf course alignment. PRESS RELEASES FOR THE PROJECT Press Release Number One June 1, 2005 FOR IMMEDIATE RELEASE Contact: Roxanne MacDougall 808-822-5798 Re: Ahukini-Lydgate Bike & Pedestrian Path Public Information Meeting #1 The first of three public information meetings for the Ahukini-Lydgate Bike/Pedestrian Path has been scheduled for June 22, 2005, at King Kaumuali‘i Elementary School from 7:OO PM until 9:00 PM. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 31 of 69 MDG, Inc. has been contracted by the County Department of Public Works to evaluate alternative alignments and prepare the environmental assessment for the shoreline bicycle and pedestrian path which will run from Ahukini Landing to the Kamalani Kai Bridge in Lydgate Park. This project is one segment of the overall plan to have a 16-mile coastal trail which will connect Nawiliwili Harbor with Anahola. The first phase, the Lydgate Bike & Pedestrian Path project, was designed by MDG, Inc. The community is invited to attend this first meeting to learn about the project and to give input to the planning process. Meeting participants will learn about path alignment options, give feedback on their preferences and identify potential areas of concern. The MDG team will create a section with the County website dedicated to providing information on the Ahukini-Lydgate project, as well as the overall bike path. Information on the website will be provided at Public Meeting # 1. For more information, contact Public Communication Project Consultant Roxanne MacDougall at 822- 5798. Press Release Number Two August 1, 2005 FOR IMMEDIATE RELEASE Contact: Roxanne MacDougall 808-822-5798 Re: Ahukini-Lydgate Bike & Pedestrian Path Public Information Meeting #2 The second of three public information meetings for the Ahukini-Lydgate Bike & Pedestrian Path has been scheduled for Monday, August 22, 2005, at the Lydgate Park Pavilion from 7:OO PM until 9:00 PM. Merle D. Grimes, LLC. has been contracted by the County Department of Public Works to evaluate alternative alignments and prepare the environmental assessment for the shoreline bicycle and pedestrian path which will run from Ahukini Landing to the Kamalani Kai Bridge in Lydgate Park. This project is one segment of the overall plan to have a 16-mile coastal trail which will connect Nawiliwili Harbor with Anahola. The first phase, the Lydgate Bike & Pedestrian Path project, was designed by MDG, Inc. Meeting #1 was held June 22, 2005 from 7:00 PM to 9:00 PM at King Kaumual`i Elementary School. It provided an overview of the Ahukini-Lydgate project, as well as a visual tour of the general route of this segment of the path. Participants shared information on preferred path alignments, desired amenities, and significant places. Meeting #2 will also offer an overview of the Ahukini to Lydgate environmental assessment project, for those who missed Meeting #1. Consultants will provide more specific information on their research for potential path alignments. Meeting participants will be invited to ask questions, and to give input on their preferences and concerns. The Planning Team has created a page in the County website dedicated to providing information on the Ahukini-Lydgate project, as well as the overall bike path. It currently contains an overview of the Nawiliwili-Anahola path project. As meeting notes and other documents are created, they will be posted on the web page. The web address is www.kauai.gov/bikepath.aspx. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 32 of 69 For more information, contact Public Communication Project Consultant Roxanne MacDougall at 822- 5798. Press Release Number Three FOR IMMEDIATE RELEASE Contact: Roxanne MacDougall 808-822-5798 Re: Ahukini-Lydgate Bike & Pedestrian Path Public Information Meeting #4 The fourth public information meeting regarding the Environmental Assessment for the Ahukini-to-Lydgate portion of the county’s 16-mile bike and pedestrian path is scheduled for Monday, February 26, 7:00 PM – 9:00 PM, at the Lydgate Park Pavilion. Included on the agenda are the following: Overview of entire Ahukini-Lydgate planning process Review of path alignment options and selection process, as presented at Public Meeting #3, May 23, 2006 Review of golf course alignment and possible design alternatives Merle D. Grimes, LLC, has been contracted by the Department of Public Works to evaluate alternative alignments and prepare the environmental assessment for the Ahukini-to-Lydgate segment of the multi-use bicycle and pedestrian path. A page on the County of Kaua`i website is dedicated to providing information on the Ahukini to Lydgate project, as well as the overall bike path. As meeting notes and other documents are created, they are posted on the web page. The webpage address is www.kauai.gov/bikepath.aspx. For more information, please contact Public Communication Project Consultant Roxanne MacDougall at 822-5798. ARTICLES REGARDING THE PROJECT The following information was published for the County of Kauai Path website and was posted on June 21, 2005. MacDougall a n d A s s o c i a t e s Nawiliwili to Anahola Bike/Pedestrian Path In 1994, the Hawai`i Department of Transportation completed a statewide master plan. Based on public input at community meetings on Kaua`i, a 16-mile coastal bike and pedestrian trail from Nawiliwili to Anahola was included in the plan. In 1999, with the impetus of the Lydgate Park Master Plan and with active support from Mayor Marianne Kusaka, the County was able to secure $2.6 million of Federal Highway Administration funds for the first section of the trail. County funding and volunteer labor for the bridge construction provided a match for Federal funds. After completion of the project, the County was reimbursed for almost all of the costs. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 33 of 69 This 2.5 mile, 10-foot wide concrete path runs from the Wailua River to the Kamalani Kai Bridge. In conjunction with this phase of the overall path project, additional amenities were added: landscaping, a campground, refurbishing of an old restroom facility, new restrooms with showers, and an arts pavilion. All are linked by the path and are key elements of the overall plan for expanding Lydgate Park. Also in 1999, then Councilmember Bryan Baptiste chaired public meetings to get input for planning the coastal trail. The path was named Ala Hele Makalae, “the path to walk or to go along the coast”. An advisory group was formed and continues to meet. Today, Mayor Baptiste is a strong advocate for the project. The overall goals for the Nawilwili to Anahola bike/pedestrian path are: Protect shoreline access for residents and visitors, including those with mobility impairments. Promote health and fitness. Enhance access to culturally significant areas. Preserve historic railroad corridors. Provide alternative transport routes. In 2001, Kealia Makai Holdings, with Justin Hughes as manager, dedicated 7.23 acres of Kealia Beach lands to the County of Kaua`i, for the purposes of creating a public park. The County budgeted $75,000 in Capital Improvement Funds for the bike/pedestrian path. In 2002 the Kealia Makai Property Owners Association, with Tom McCloskey as manager, dedicated 59 acres along the old cane road from Kealia Beach to Ahihi Point near what is known as “Donkey Beach”. The County received a $200,000 HUD grant for the planning of the Kapaa-Kealia path, with the support of Senator Daniel Inouye. These land donations were valued at $7.4 million and used in 2003 as a “soft match” for the approval of Federal Highway Administration (FHWA) funding for the entire trail. A soft match is the contribution a county makes to the overall cost of a project, which gives the government the incentive to then make federal funds available. The contributions may be in the form of land donations or community labor, as in the building of the Kamalani Kai bridge. The value of these donated lands were critical in giving impetus and funding to Kaua`i’s coastal trail project. Also in 2003, FHWA approved a $10 million budget for the Kapa`a to Kealia section of the trail and $250,000 for the Lydgate to Kapa`a environmental assessment. In 2004, FHWA approved $500,000 for the Ahukini Landing to Lydgate Park environmental assessment FHWA provides what are called “Transportation Enhancement Funds”. These funds are to be used for providing facilities for pedestrians and bicycles, safety and educational activities for pedestrians and cyclists, acquisition of scenic easements and scenic or historic sites, scenic/historic highway programs, landscaping and historic preservation. The Nawiliwili to Anahold Bike/Pedestrian Path fits exactly into this category of federal funds. In addition, FHWA provides congestion mitigation and air quality improvement program funding. The federal funds provided to the Kaua`i project are designated specifically for bike/pedestrian trails. They can not be used for other highway related needs. The County does not have the discretion to use these funds for any other purpose. The total cost of the entire trail system is anticipated to be in the range of $30 million. This cost is based on the need for each segment of the trail to have an environmental assessment phase and a design/build phase. Each requires the expertise of numerous professionals in the fields of environmental science, Hawaiian culture, archeology, engineering, construction, bridge design, public communications and the complex permitting process. Kaua`i is fortunate be among the communities selected to receive these targeted federal funds. The County of Kaua`i will contribute capital improvement funds where needed and when available. It will also fund the on-going maintenance of the path system through the budget of the Parks Department. Design and construction specifications are for a highly cost-effective, low-maintenance path and related improvements. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 34 of 69 The Kaua`i Coastal Path will be completed in six sections, each of which will require its own environmental assessment report process and design/build process, both offering a series of three public meetings. Therefore, each section of the trail will have a total of six public meetings during its development. The environmental assessment project team will include public feedback in their research to determine three alternate alignments and amenities for the path. The County will then decide which recommendation to accept. It will hire a design/build project team to finish the design and complete the construction, also with public education and input. Phase I, 2.5 miles through Lydgate Park, is now completed and being enjoyed by residents and visitors. Phase II will run from Lihi Boat Ramp in Kapa`a to Ahihi Point at Kuna Bay, or Donkey Beach. This 4.3 mile stretch will include the improvement of the existing cane haul bridge and cane road, as well as addition of an equestrian trail from Kealia Beach to Kuna Bay. The environmental assessment has been completed, the County has selected an alignment option and the contract has been awarded for the design/build, which is expected to be completed in 2006 or early 2007. This section includes the improvement or replacement of four bridges. Phase III will run 2 miles from Lydgate Park to Lihi Boat Ramp in Kapa`a. The environmental assessment is in process. Construction and land acquisition funds have been allocated for fiscal year 2005-2006. The design/build team has not yet been selected. Phase IV covers 4 miles from Ahukini Landing to Lydgate Park. The environmental assessment process began in May 2005 and is expected to be completed by year end. Construction and land acquisition funds have been allocated for fiscal year 2005-2007. This section of the trail will include Hanama`ulu Beach Park, open lands between the park and the Radisson, and the Wailua Golf Course. The recommended alignments will be greatly dictated by the geographic features and terrain along the coast. Phase V will be the 3 miles from Kuna Bay to Anahola. An environmental assessment will begin in 2005, with construction projected for 2006. Phase VI will connect the path from Ahukini to Nawiliwili, 8 miles, the longest stretch of the overall project. The environmental assessment will begin 2006 and construction is projected for 2008. The Nawiliwili to Anahola Bike/Pedestrian Path will be one-of-a-kind, not only in Hawaii, but throughout the world. It will provide coastal access, in compliance with the Americans with Disabilities Act and will offer scenic views, picnic pavilions and restroom facilities all along the way. It will be a treasure that Kaua`i residents and visitors will be able to enjoy for many years to come. The following is an article published in “The Garden Island” on Thursday, June 9th, 2006 Bike-way focus shifts to Hanama‘ulu segment By Lester Chang - The Garden Island With Kaua‘i, work underway to develop the second leg of a proposed 16-mile bicycle and pedestrian coastal pathway to beautify East county officials are turning their attention to the next phase. Representatives from MDG, Inc. and county officials will be holding the first of three public- informational meetings for a four-mile pathway from the Ahukini State Recreational Pier near Lihu‘e Airport to Lydgate Park in Wailua on Wednesday, June 22, from 7 p.m. to 9 p.m. at King Kaumuali‘i Elementary School in Hanama‘ulu. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 35 of 69 The meeting comes on the heels of recent actions by county leaders to award a nearly $12- million contract to Jas. W. Glover leaders to design and build a 4.3-mile leg of the coastal trail from the county Lihi Park by the Pono Kai Resort in Kapa‘a to Ahihi Point, commonly known as "Donkey Beach." The entire 16-mile project, which consists of six phases, is intended to preserve access to and beautify the coastline from Ahukini to Anahola. The project will result in much easier beach access, benefiting residents and visitors. For the latest project, MDG Inc. leaders have been contracted by officials in the Kaua‘i County Department of Public Works to study various alignments before one is selected and is developed. The consultant also will be preparing an environmental assessment for the pathway. Determining the alignment will not be easy. Two years ago, the owner of a 400-plus-acre parcel located north of Hanama‘ulu Bay had his own ideas about how the bicycle path should be developed on his property. E.W. Moody, a Las Vegas-based landowner, had proposed an upper-end residential project and golf course on his property in 2003. At the time, Moody had proposed a bicycle pathway in his own project, and wanted to maintain the improvement, county officials were told at the time. County officials said they would work with him in determining the alignment of the project, nonetheless. Residents are invited to the June 22 meeting to learn about the project and to give input, according to Roxanne MacDougall, a consultant on the project. An environmental assessment began in May, and is expected to be completed by the end of this year, MacDougall said. Some $500,000 in Federal Highway Administration funds will be used for that task, she said. Construction and land-acquisition funds have been allocated for fiscal years 2005-2007. Mac- Dougall said that the coastal leg will include portions of Hanama‘ulu Beach Park, open lands between the park and the Radisson Kauai Beach Resort and the Wailua Golf Course, and that the alignment will be dictated by the terrain. The first phase of the six-phase, 16-mile project, includes a 2.5-mile trail through Lydgate Park. This portion has been completed and is being used by the public. The second phase involves the construction of a 4.3-mile leg from Lihi Park to Donkey Beach. The other three phases include: a 2-mile portion from Lydgate Park to Lihi Park; a 3-mile leg from Kuna Bay to Anahola; and an 8-mile portion from Ahukini to Nawiliwili Harbor. The total cost of the 16-mile pathway is anticipated in the range of $30 million, primarily from federal dollars. Kaua‘i County officials will contribute capital-improvement funds when needed and when available, they said. The maintenance of the pathway will be undertaken by county workers when the entire 16-mile project is completed. For more information on the latest project, please contact MacDougall at 822-5798. Lester Chang, staff writer, may be reached at 245-3681 (ext. 225) or lchang@pulitzer.net. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 36 of 69 The following article was published in the “Garden Island” on June 5, 2006 %\/HVWHU&KDQJ7+(*$5'(1,6/$1' Posted: Thursday, May 18, 2006 - 10:06:16 pm HST 7KHSURSRVHGFRQVWUXFWLRQRIWKHORQJHVWOHJRIDPXOWLSKDVHGPLOHSOXVELF\FOHDQG SHGHVWULDQSDWKZD\LQ(DVW.DXDಫLWKDWZLOOEHWKHRQO\RQHRILWVNLQGLQ+DZDLಫLZKHQFRPSOHWHG ZLOOEHGLVFXVVHGGXULQJDQLQIRUPDWLRQDOPHHWLQJVFKHGXOHGDWWKH/\GJDWH3DUN3DYLOLRQRQ 7XHVGD\0D\  $WDPHHWLQJVFKHGXOHGIURPSPWRSPDFRQVXOWDQWDQGFRXQW\RIILFLDOVZLOOSURYLGH LQIRUPDWLRQRQSRVVLEOHURDGDOLJQPHQWVLGHQWLILHGLQDGUDIWHQYLURQPHQWDODVVHVVPHQWIRUDQ PLOHVHFWLRQIURP$KXNLQLWR/\GJDWH3DUN 7KHSURMHFWLVRQHVHJPHQWRIDQRYHUDOOSODQWREXLOGDSDWKZD\IURP1DZLOLZLOL+DUERULQ/LKXಫH WR$QDKROD  5HSUHVHQWDWLYHVIRU0HUOH'*ULPHVWKHFRQVXOWDQWZLOODOVRGLVFXVVWKHSODQQHGZRUNIRUWKLV QH[WSKDVHDQGJLYHDQRYHUYLHZRIWKHHQWLUHPLOHSOXVUHFUHDWLRQDOSURMHFW  7KHPHHWLQJZLOOEHRSHQHGIRUDQVZHUVDQGTXHVWLRQV5R[DQQH0DF'RXJDOODSXEOLF FRPPXQLFDWLRQSURMHFWFRQVXOWDQWRQWKHSURSRVHGZRUNVDLGLQDQHZVUHOHDVH  7KHPHHWLQJZLOOEHWKHWKLUGSXEOLFPHHWLQJRQDGUDIWHQYLURQPHQWDODVVHVVPHQWIRUWKLVSKDVH 0DF'RXJDOOVDLG  0HUOH'*ULPHVKDVEHHQFRQWUDFWHGE\WKH.DXDಫL&RXQW\3XEOLF:RUNV'HSDUWPHQWWRHYDOXDWH DOWHUQDWLYHDOLJQPHQWV  7KHRSWLRQVLQFOXGHSXWWLQJWKHSDWKZD\QHDUWKHFRDVWOLQHRULPPHGLDWHO\HDVWRI.XKLR+LJKZD\ RUSXWWLQJSDUWVRIWKHSURMHFWRQWKHPRXQWDLQVLGHRIWKHKLJKZD\0DF'RXJDOOVDLG  1RDOLJQPHQWKRZHYHUKDVEHHQVHOHFWHGDWWKLVWLPHVKHVDLG  ,QIRUPDWLRQRQWKLVSKDVHFDQEHIRXQGRQWKHFRXQW\ಬV:HEVLWHZZZNDXDLJRYELNHSDWKDVS[  7KHILUVWSKDVHDPLOHOHJDW/\GJDWH3DUNZDVGHVLJQHGE\0'*DQGKDVEHHQFRPSOHWHG  -DV:*ORYHUZRQDFRXQW\FRQWUDFWDQGKDVEHHQEXLOGLQJDVHFRQGOHJRIWKHELF\FOHDQG SHGHVWULDQSURMHFWDPLOHVHJPHQWIURP/LKL3DUNE\WKH3RQR.DL5HVRUWLQ.DSDಫD QRUWKZDUGWR$KLNL3RLQWZKLFKLVFRPPRQO\NQRZQDV'RQNH\%HDFK  $QRWKHUWKUHHSKDVHVDUHSODQQHG  7KHHQWLUHSURMHFWLVEHLQJEXLOWZLWKXSWRPLOOLRQLQIHGHUDOIXQGVZLWKDSURPLVHRIPRUH IHGHUDOIXQGVFRPLQJWRWKHFRXQW\ZLWKILQDQFLDOFRQWULEXWLRQVRUGRQDWLRQRIODQGVIRUWKHHQWLUH FRDVWOLQHSURMHFW  :DLOXDUHVLGHQW*OHQQ0LFNHQVKDVRIIHUHGWKHVWLIIHVWRSSRVLWLRQWRWKHSURMHFWFRQWHQGLQJWKH FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 37 of 69 IHGHUDOIXQGVVKRXOGQRWEHXVHGIRUDUHFUHDWLRQDOSURMHFWEXWVKRXOGLQVWHDGEHXVHGWREXLOG PRUHURDGVWRDOOHYLDWHORQJVWDQGLQJWUDIILFSUREOHPVLQWKH:DLSRXOLDQG.DSDಫDDUHD  0D\RU%U\DQ%DSWLVWHKDVOHGWKHFKDUJHWRKDYHWKHHQWLUHFRDVWOLQHSURMHFWEXLOWSDUWO\WRSURWHFW SXEOLFDFFHVVDVPRUHUHVLGHQWLDOUHVRUWVJRXSLQ(DVW.DXDಫL FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 38 of 69 This article was written by a member of the public on May 11, 2006 regarding the project. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 39 of 69 The final public meeting for the Ahukini to Lydgate Bicycle and Pedestrian Path will be held on Tuesday, May 23 at the Lydgate Park large pavilion , from 7:00 PM until 9:00 PM . Th e agenda will include an overview of th e entire Nawiliwili to Anahola project, a review of the Ahukini-Lydgate project process to date, and a presentation of path alignment alternatives and preferences. The Draft Environmental Assessmen t (DEA) for the Ahukini to Lydgate Bicycle and Pedestria n Path Project is on the Cou nty of Kauai web si te for yo ur review and comments. Copies of the dEA can also be reviewed at the Kapaa and Lihue Librar ies. The dEA has been listed in the Environmental Notice of the Office of Environmental Quality Control on December 8, 2005 . You may send comments to : Roxanne MacDougall, Communications Coordinator Box 328 , Kapaa , Hawaii 96746 rmacd@aloha .net All comments received will be included in the Final Environmental Assessment report that will be completed in 2006 . The comments collected al the third and fina l public meeting will also be included in the final Environmental Assessment. Questions may be directed to Roxanne MacDougall at 808-822-5798 . visit th e Kauai government website fo r more details http://www.kauai .gov/Default.aspx?tabid=335 What it feels like on the ground by J uan Wilson on 11 May 200 6 On March 12th 2006 Jonathon Jay and I took bikes along the three alternative routes proposed in the map above . II was a cloudy day that proved to be a short break in the 40 days of rain that plagued Kauai at the end of winter. What we found was that each alternate bike route has difficulties , but that routes One and Two have features that are "dea l killers". h11 p:/lhome page. mac .com1Juanw1l son/1slandbrca1 hl~•20Y c ar-4 202006/0 I ·acces.s/060 1-0 I E.1s1s1dcB1kePath hl ml 5/17106 1 1·25 AM Page 2 of8 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 40 of 69 3) View north along midpoint of Al ternate Route #3 Alternate Route Three (red) proved to be drivable today w ith no major modification. The only real difficulty in using this immediately as a bike route is the crossing of Kuhio Highway at Kauai Beach Road. We found th e ride pleasant, quiet and safe with interesting views of th e mountains, wetlands and distant shoreline. 2) View north from Alternate Route# 2 near the Tenth Tee of Wailua Golf Course We took Alternative Route Two from south to north and felt it was a great ride until we passed the Cl ubhouse at th e Wailua Golf Course opposite the Kauai Correctional Facility. We found , until then that along the path there were excellent opportunities to provide a bike path away from traffic with peasant views that followed the canal that borders the golf course. However , as we passed the clubhouse and approached the Tenth Tee of the course there was no where for the bike path to go. There was no alternative but to ride into the road . Between the highway and the Tenth Tee th ere is onl y abou t 20 feet. A small utility building is there with a mammoth backflow prevent or that appears to be the main water supply line for the golf course. The conditi on there makes passage of a reasonable bike path difficult to imagine. The image above shows a group of trees coming right down to the road . In tho se trees is the utility building and the end of the line for any bike path . h11p I/homepage mac .com/juanwilson/islandbre:uhr:•20 Year"~202006/0 1-aceessf060 I ·0 I EastsidcO ilel'ath him I 5117106 11.25 AM PagcJ uf8 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 41 of 69 We could not ride much of Alternative Route One. This is because most of this path i s on sand or dunes along the water. The most infrastructure would be required to make this path functional for bikes . There are several critical areas where the proposed path is situated in areas that are subject to inundation and damage from the ocean . See image above a nd note strea m washout of dunes in the foreground . Note also the debris all along and on top of dunes shows winter surf activity that would threaten any bikeway and possibly riders . The bikeway itself would be damaging to the dunes and natural environment at several spots. This areas south of the Golf Course is considered the "easy" part of Alternative One. ~: ., . c· • • • 1'll ~ .,., , -..-• "'. .'iJt·- ,!..'t --"' .. ,~·; i '-:-.+· ::...;p • ~!'fl!'" .,_, ·'..(··/!: •. ... .e~ ;i.A.:..· -..,,.. ...:"" -- _ . .,. ,- ·. 'I f I .. -~~1~ .. 4 ... )._V-ie-w-no_rt_h_a"'1""on_g__;:A-lte,..rnative Route #1' alongside the golf course fai~ays The image above was taken al ong the edge of the golf course south of Hole One. http.f/~ome pa se m.'.'lc com/Juan w1lson/1s1andbre:uhr..20Year• .20200610 l -access/060 1-0 I b lSIS1de O rkcPath h1ml 5117106 1 1 ~5 AM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 42 of 69 I s.~ &sts1dc Bike pai h The debris evidence and erosion of the embankment up to the golf cou rse indicates that the area of the bikeway is right on top of the beach and th at the normal standards of shoreli ne setback would place any future bi ke path up on the fairway itself. Not far further north is even greater erosion and signs that the Golf Course has been dumping fill and rock on the beach to slow the erosion rate. Obviously, the high wash of the waves pass th e rock ~no are Unaercmtmg the fairways already. This means at times there is no beach in front of the Golf Course . The proposed bike path is to be set atop and artificial dune in front of th e fa i rway that will eliminate the beach and be an ill advised seawall for those interested in "saving" the existing layout of the Wailua Golf Course from the inevitable encroachment of the ocean. If one was looking for a bike route that would be ready to go in months and not years, then Alternative Three would be th e way to go. Solving the Highway Crossing problem could b e solved with a traffic light, bridge or tunnel for a fraction of the cost of Alternative One. SUBJECT: EASTSIDE BIKE PATH SOURCE: JUAN WILSON juanwilson@earthlink.net Biking as transportation or recreation 27 J anuary 2006 -11 :OOam h11p://homepa:;e mac.com/J u!lnw1lsonl 1slnndbre:i1h1'·20Year• .202006'O1-nccessl0601-0 t Eastsidcl31l.:cPat h html S/1706 112S AM Pase 5 of 8 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 43 of 69 Conflict rises between advocates of bike path b y Juan Wilson o n 27 J an uary 2005 Maybe we should consider ourselves blessed. We have the opportun ity to duscuss route options in the development of a large scale bicycle and pedestrian path that is proposed from Nawiliwili Harbor to Anahola Beach . This stretch of our shoreline is a significant portion of the east side of Kauai . The fact that this is controversial is an indication of how important the issue is. The county government's interest in the path is motivated by goals related to tourism and recreation. A recreational path from the Lihue Airport along the scenic east shore to the beaches and resorts along the Coconut Coast has obvious sell ing po ints for those in the "visitor industry". T he development of such a recreationa l feature parallel to the most congested and overdeveloped transportation corridor on the island (Kapaa to Lihue) leads to another important motivation for wanting a bike and pedestrian pathway . One that is closer to the hearts of residents needs than visitors -access and transportation . I strongly advocate the development of an island-wide network of bicycle and pedestrian paths that allow people to travel from Pole Hale to Kee Beach without a car. For that reason I joined with Jonathan Jay to organize "The Kauai Bike Network -Ke Alanui Paikikala" (see article Island Breath: Bike Network). The Kauai Bike Network sees the eastside bike path is part of its overall goal. As the plans for the shoreline bike path have moved forward there has been a tendency for powerful property owners to find fault with the path routing in front of their section of beach and to ask for exceptions that would reroute the path behind them . Certainly, there are places where a beachside path is i mpractical or unwise. But some cases of selfishness and greed are so obvious and self serving that they damage the heart of the bike path plan. One eg regious case is at the future 300 unit Waipoli Beach Resort. Two bedroom condos will be starting at $875 ,000 in this four story wall of concrete . This traffic snarling mess is across the street from the busy red light at Kauai Village Plaza (where Papaya's Health Food is located ). The developer of the Waipoli Beach Resort was able to convince the county planners to route the bike path away from the beach , back to the Kuh io Highway,and around the condos . Since this was an undeveloped and unimpeded htlp.//homepace mac comlJua nw1l so nllslandbre:11h/D~20 Year,020200610 I ·rtccess/060 1-0 I E.ast sideB 1ke.Pa 1 h html 51 17106 I L25 AM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 44 of 69 site , this was a stupid and damaging decision by the county. It is having unforeseen effects in other areas of the coastline path planning process. The Alternatives An important and controversial section of the bike path lies between Hanamaulu Bay and the Wail ua River. This section of the path includes Th e Radisson Hotel Resort , the Wailua Golf Course and Lydgate State Park are along th is section of the sh ore . [Edi tors note to mainlanders: mauka means towards the mountains and makai means towards th e sea] There have been three major routes suggested to connect Hanamaulu to Wailua. Each have there own variations with attending pros and cons . They are, in order of presentation , Alternative #1 : The Beac h Route (yello w) This path follows the shoreline , hugging the beach from north to south makai of the Rad isson Hotel and the Wailua Golf Course. Alternative #2: The Highway Ro ute (orange) This path follows Hilton Lane, mauka of the Radisson Hotel complex until it reaches the Kuhio Highway. There it parallels the Kuhio Hig hway until it passes mauka of the Wailua Golf Course where it reconnects w ith th e shore at Lydgate State Park. Alternative #3 : The M ountain Route (red) This path foll ows Hilton L ane to the Radisson and then turns at Kau ai Beach Road towards the Highway. At a new underpass (or traffic light) the path would cross mauka of th e highway and then follow the already designated and graded "Emergency Route" along the foothi ll s of the Kelepa Forest Reserve. When it reaches the L eho Drive entrance to Lydgate State Park it would cross makai of the highway (at an overpass or new traffic light) and then join the shoreline at the park. Pros & Cons Each alternative has propo nents . Each alternative has pros and cons. The real controver sies have been generated because the resort, condo and recreational development along this section of the coast is highly valuable. It is sandwiched between the coast and the highway. On top of that th e beach along this section of coast is eroding quickly. Briefly here are a few of the considerations. Alternative #1 Th is scheme is scenic and connects all the amenities along the shore. But, the Golf Cou rse is particularly vexing problem. Many powerful and important residents of th e island (including county officials) use the Wailua Golf Course as country club where they meet and do business. Erosion of beach front has been treated aggressively and in some cases unwisely and without proper permits .The Wailua Gol f Cl ub will not yield an inch of ground to a bike and pedestrian path . As a result, the current route for the path the county supports runs on a roadway built-up dune on top of the existing beach . This scheme i s makai of all golf course real estate. In effect the bike path would be the seawall the golf course has been unsuccessfully trying to build for decades. Millions of dollars would be requi red. The State Department of Land & Natural Resources have stated that the path http /lhorncpagc mac.contlJuitnw1lsonJ 1slandbr-c:i.1hl••20Y car•u202006JO I ·acccss/060 1.0 I Easts1dcB 1kcPn1h html 5/17/06 II 25 AM Page 7 of8 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 45 of 69 PUBLIC COMMENT LETTERS PRO BIKE LETTER TO THE EDITOR 1.Mr. Rapozo wasn't it you and the County Council that OK'd the $4.3 million and 6 months of FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 46 of 69 closure for a main artery 20' x 20' mini Olohena Bridge to the Wailua and Kapa‘a Homesteads? At the same time denying the $1/4 million, 2 week closure, 35 year life expectancy alternative bridge; instead of using the $4.3 million to start another lane over the Wailua River? 2. Mr. Rapozo comparing a $30 million project to "screens on the Kekaha Neighborhood Center" isn't that a tremendous stretch of imagination; like comparing an apple with a Redwood Forest. And shame on the adult children of the seniors in Kekaha...if the situation is so bad why don't they screen the place for their folks. It has to be less than $1 million. Plus how many Seniors are in Kekaha compared to the population of the greater Kapa'a neighborhoods of the Kawaihau District that will have the opportunity to use the bike path. Geeeesh!!! The bike path will bring out more and more people as they discover the wonderful feeling of vitality from exercise in a beautiful environ. 3. Mr. Rapozo kids on the bike path headed to beach activities from the largest residential district on Kauai more than likely are staying away from drugs and crime. The kids need diversion from drugs and crime...bike paths serve that purpose and free up parents from having to drive them to and from a very healthy activity. The bike path is free for all ages and all the members of the community. If you want to save money...close the Wailua Golf Course which serves so few for too much of our tax dollars. 4. I think Mr. Doug Haigh has made it perfectly CLEAR, over and over. The FEDS say the money is for the bike path only...or let us know and we'll give the money to another less stupid community in America. Which part of "Federal $ earmarked for a bike path only" do you not understand? You yourself said that we can't let the $4.3 million for the Olohena Bridge not come to Kauai....why not Fed $ for this awesome bike path. As well, should we give the generous Hughes and the McClusky's their ocean front land back and let them bar us from ever going to that area again. Sounds like shooting oneself in the foot. 5. And Mr. Mickens, your complaint of an "ugly concrete path"...well Glenn, come on, you been here long enough. How about the "ugly asphalt (now broken up and uglier) haul cane roads" with those monster ugly haul cane trucks of the past, some with cane still burning in the back; circling much of the island from field to mill. The bike path will be like heaven compared to the hell of hauling cane. And Mr. Mickens, the reason sane people do not use the "bike paths" of our now Kauai Super Highways is because it is an insane risk to ones life to use them, you can't figure that one out? We need a safe bike path, and we need it now for every age group on Kauai and especially Kawaihau district. Jay Trennoche Kapa‘a FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 47 of 69 Ft.GE, •' l f'rom: J•!Or.a M. Hashizume pb. 808·246--9095 VW l 'o: J\.ferl e Gricor:s . pb. 303·646--8708 ~In/.... Jonu1uy 27, 2006 S uhjec.1 : Comments on the pro po.scd bike th n.:.u1c for the Ahukini·Lydt:,atc phase. Be1r\g born and raised io \Vailua Houselo1s. I ha.\'C been using lhe Oolf Course s iretch ol beach for fish ing or other recreatjonal use going back ro r lC •iatly 70's and even mo re so hi th(' last 3 yeors . Due 10 seasonal "'eat.her. tides . currenu t ··~ otl •'r factors. I haV"e $C~n the b<.'11.i.:hfront arcat slo\vly crodir1g up to t he edge of 1he golf ooursc. luge bo\1lders originally 1>13ce<l to border tlw f:tiru.:ays eventually slide dovm to the beach bc h '"' 10meti1ncs cndttngrriog beachgocrs. Throa:ghout 1hc years. w&vc action and gradual t osion u·ill hit certain parts of the bc-1ch hardt"i- arid effectively have most of the ~r.d displac·ed. When this happen.s ntar 1hc l41h & J ?°1 holes. 4X4 vehicles can pass only during the low· lides.. C c:l1nin other areas of bc;u:h ru Qn g the #I & :.!'.? h oles gel affected :;s the snndy shoreJine vanjshes aud eventually r«urns and the affecu~d a:reas mo~ along the coastline. I '''Otdd JLlce 10 comnlcnt io favof of rou1.in'f?, tl 1c proposed Ahu.k1n;·t.rd,&au· hike pa1h ,.'".2>' frC1nl the coa.stal arc-as OOjacen110 the \Va.Hua (iQJf Coursc 1'1. i/2~ #I), u14, #16. t/1 7 & ff 18 holts ri.Jt the followjng 1easons: a) Playins, conditions 011 lhe \\lailua GC have improved tn:mendousl)' over the p::is t several years . It isn·t sensible 10 comprocnisc 1hc above -1nentioncd holes b)' routjng the bike path along this stretch of beach. Golfplay\.\'OuJ d be interrupted Md golfers \\'Q uid have to be carc f\ll to avoid hitting thcn1 M they ride along. b) The structut01l design o f the bike path for this I mile stretch appears to b< not o n l~· costly 10 b uild, but also cos1ly to rnain ta!n. The Counry v.:ould be tasked \Vith coustan;I ~ 11l..1inrnini ng and replenishing ~'\tad that 1s swcpc <>ut by stomi su:-ges. or blo .. ~:n 3\lo'3y. Ha,•i11g ride.rs e."(posed to potentially hazardous conditions on tlie bikc·path ""·ould ouly invhc PQ1enu<d li\\\'St.nts ng31~st the Coun~· or cncour:tge property darnag< by v~al s . \Vha1 evcr route '" - selec1cd, t he design should be o ne tt>.ac \\'ill req11ire the 1ca..:;t mainte~am:e and si.and the te$1 o f r imt'. I strongly believe that 1his s u etcl". ofbc.ach should rc1nain as il is. Suk thC'rc are some j ssucs 3S thf" e.'(tco:siv e use of thi.: beach by 4X4 vehicles. ATV&:: n1ot0rbikcs $0llM:times cl.a:<h v.1th !ht.• ped('Wk1n beachgocf$. [hale 10 see I.he rt"a<:tion by this group if beach acC'c:$S is denied due t (l r(lc bike path being built a.Ie ng this stretch. It appears that the sens ible. safe. feasible a nd scenic alt<"niativc u-ouJ d be 10 fOUh! the bike1lath .:ilong the outskin$ of the· N2 areCn . ;:&Jong the 3'11 hole:, continuing ttdjaccn1 10 the 4tti. 7"°. 9111 • 1011' & I t 11 hol<"s next to the highway but on the golf course side of «he hedges. The 1xnh could lhen connect to the existi.ng bi kt p.11h near Kamalani Bridge and conl inue 10 Lydgatc: P:s.rk Tt1c design \VOU!d be sin1i lar like the existin.g Lydgatc bike path Simple: n:d "'"ith less c c,s1 and maintenance. 'the bike path wouJd be 1nadc of concrete just like a1 Lydg.a1e :i.nd would ccrt:iin ly s tand the 1cs.1 of ttme over die ycm. This sucte h of beach is one of the last o~n and un<tevtloped ::ueas betn'ct"n Lihu c ;u»<I K3p~. l ..et '.s try to keep it accessible 3$ it is By r0utiT1g it around the golf cc:>ursc "''C acco1nplis.h the eoa l o f keeping the space open a.nd we end up v.·ith a contin uous scenic and low maunenance bike p<ilh that 'viii be ::i.rou:od for future: ge~ration~ to enjoy. '~"'~ ;;:,~:;:;;:""'""'"'•" ~·- Ol .1 3 1/0tl T\£ 01 :12 I T lJ kX \II ~·~21 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 48 of 69 To: Doug Haigh, Director, Building Dept., County of Kauai Re: Comments on DEA, bike path portion from Hanamaulu to Lydgate After looking at the DEA and walking the portion from the rest station south of the Radisson Hotel to Lydgate Park, as an individual resident of Kauai,I have comments for a path that I feel would be most suitable for the community and respectful of the environment. Here is the route that I propose. Thank you for considering my comments. >> There are some wonderful features of the path coming from >> Nawiliwili--through the lagoons area and over the old Hanmaulu >> railroad >> bridge. Then the paved path would run along the beach or on the >> bluff at the Moody >> property and bridge the small wetland just south of the Radisson >> comfort station. >> >> The path can then proceed in front of the comfort station, hotel and >> condos. I think that it is appropriate to have the path there and see >> no problem with the setback from the shoreline. As with the paved >> path >> in front of the Mariott, such lateral access benefits both the hotel >> guests and the public. >> >> After the Radisson, the path must bridge another stream to reach >> Marine >> Camp. From there, a dirt road actually heads north between the beach >> and the golf course, but as noted above, it is eroded in one critical >> spot. Being practical, we understand that the path will have to go >> inland in this area, possibly along the existing dirt road to Kuhio >> Hwy, but preferably on the south border of the golf course. >> >> The path can then proceed makai of Kuhio highway on the edge of the >> golf course for about a half mile until the club house entrance is >> reached across from the Kauai Correctional Center. Fortunately, >> much of >> that portion of the path will be set back from Kuhio highway a >> substantial distance with a canal between the path and the >> highway. If >> the path were to parallel Kuhio Hwy all the way from Kapule Rd, there >> would be a full 1.5 miles of Hwy frontage, not a pleasant >> recreational >> experience. >> >> The bike path will traverse the golf course on a safe route and >> emerge >> along side of the driving range where once again it will run on a >> path >> along the beach. There is only one small problematic area where sand >> will have to be brought in near the 17th hole to create a good bed. >> Thereafter, the paved path can run in the trees just inland of a nice >> long beach stretch to join the path at the Kamalani play bridge in >> Lydgate Park. FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path Meeting0LQXWHs Page 49 of 69 >> Sincerely, Gabriela Taylor 5620 Keapana Rd. Kapaa, Hi. 96746 823-901 Letters protesting the golf course alignment FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path Meeting0LQXWHV Page 50 of 69 RE: AHUKIN I • LYOGATE BIKE PATH PROJECT TO WHOM fT MAY CONCERN: The County of Kauai is considering locating a portion of the proposed bike path through Waiua Golf Course . We strongly oppose this site for the folowing reasons: 1. The Dra ft Environme ntal Assessment for the project fdl its to make a thorough investigation of the area ma uka of Kuhio Highway. This area should include alternatives with as 1T111Ch concentration of effort as was placed into Alternate #1 . 2. The Waifua Golf Course rs an important recreational area. Federa l funds should not be applied to disturb its exist ence and use by the development of an 'Alternate Transport Route " when all of the area above Kuhio Highway is av ailable to the planners for this. 3 . A mauka alternate, removed from the Wailua Goff CoutSe , should prove to be a better location for the project. This alternate may be much more scenic, certainty more serene and generally provides a much cleaner environment for bike path users, probably at a lesser cost tor constructOn and maintenance than Alternate #1 that is subjected to high wave action. 4. Alternate #2, through Wailua Goff Course, confines the bike path users between noisy Kuh io Highway and an unsightly high fence which doubles negatively by also providing a visual intrusion on golfers . This only serves to do an injustice to both bike path users and golfers. We firmly believe tha t mauka alternatives will meet au of the stated goals for the bike path and shooJd be utOized to locate the project. ~ R.ol-i c.. ry, ..... ~ ,._,, ,1 ,,.,1<'1/ Zi4-.,i;- Lrl w11~d t/,'<ke.c. f'>'D/315 f VI + io./ 5CJ~L-,>J:,v:,i91,.,-,a /\fl ttJ?. I A .J ]\/A K.~N· .S-Moi-<' /Vt<. r:o...rio ~ L /1..-.., /.IL t-<ll"J<C-1-/} L iit<~ !<Ir (_j p Vr~,fl/ lhuv A M.-'l V,t..i/ L-• t,.:.. I /f-J i-~ Hr- -r .. .,.,~J_ Sc k c.,.i\<.>•i "- LAw4'J!l_ I 1%H1Wie1<g'lt ,/&; .,,,...1-{ ,-,4.-u IU< j) f\.'J I '] '() I<_,.,,· M C./ kJ,y~t; /. e.~>u FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path Meeting0LQXWHs Page 51 of 69 Rf: AHUKINI • LYDGATf BIKE PATH PROJECT TO WHOM IT MAY CONCERN; The County of K•u•i is considering locating • portion of the proposed bike path through W•ilu• Goff Course. We strongly oppose this site for the following reasons: 1. The Draft Environmental Assessment for the project fais to '""ke • thorough investigation of the orea m:iuka of Kuhio HighWlly. This area should include •lternatives with as much concentration of effort as was placed into Alternate #1 . Z. The Wailua Golf Course is an important recrea tional area. Federal funds should not be applied to disturb its existence and use by the development of an .. Alternate Transport Route" when all of the area above Kuhio Highway is available to the planners for this. 3. A mau ka alternate, removed from the Wailua Golf Course . should prove to be a better location for the project. This alternate may be much more scenic, certainly more serene and generally provides a much cleaner environment for bike path users, probably at a lesser cost for construction and maintenance than Alternate #1 that is subjected to high wave action. 4. Alternate #2, through W•llua Goff Course, confines the bike path users between noisy Kuhio Highwoy and an unsightly high fence which doubles negatively by also providing a visual Intrusion on goffers. This only serves to do an injustice to both bike path users and golfers. We firmly believe that mauk• alternatives wm meet all of the stated goals for the bike path and should be utWized to locate the project. ~ l<Apl'fl'!,/f( .h/f4'<'~ l ,t(!{_U:(__.. /:..,JitJ"e/ frn...t..1.., l_th!A.t /Jr t lft'fil. . f<./-( I /11/.fz. ~-flieJ·/,,~ ~"-h'"'~ J u_,,,,--), E" 5~·-1-o fJtt11l z,,_,.,41)_ rcv..pac-v J<.<r-uv ~...-&.,, v-,f'~ ~ FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path Meeting0LQXWHs Page 52 of 69 RE: AHUKINI -LYDGATE BIKE PATH PROJECT TO WHOM rr MAY CONCERN: The County of Kauai is considering locating a portion of the proposed bike path through WaUua Golf Course . We strongly oppose this site for the following rea sons: 1. The Draft Environmental Assessment for the project f ails to make a th0<ough investigatK>n of the area mauka of Kuhio Highway. This area should include alternatives with as much concentration of effort as was placed into Alt.emate #1 . 2. The Wallua Golf Course is an important recreational area. Federal funds shoukf not be applied to disturb its existence and use by the dew.loprnent of an "Alternate Transport Route" when au of the area above Kuhlo Highway is avaflabte to the ~anners for this. 3. A mauka alternate, removed from the Wailua Golf Course , should prove t o be a better k>cation for t he project. This alternate may be much more scenic. certainly more serene and generally provtdes a much cleaner environment for bike path users, probably at a tesser cost for construct ion and maintena nce than Alternate #1 that is subjected to high wave action. 4. Alternate #2 , through Wailua Golf Course , confines the bike path users between noisy Kuh io Highway and an unsightly high fence which doubles negatively. by •ISO providing a visual intrusion on gotfers. This only serves to do an injustice to lx>th bike ~th users and golfers. We firmly beliew. that mauka alternatives will meet all of the stated goals for the bi ke path and should be utiliZed to locate the proje<:t. liillDilua: ..f!iol..tlaml: ~ ~~ }:+-z.u .., fo.11.,4'c.<..A f:j.,, ,1/7, 1cJ V (~. e,_, G',L........., !LA ~ ~c~4 l.1 (v 1io1Z.t;"7'1 t/H0ft jg"""~ ~f-ilH-1"' ~~ wlfit ~ H--; ~-/s~iJ,,d,7e L_,j.,t;~;h ~~ /2.'X 1n-HJ..,JUI// u ... .,'Lr 1-1/ f?10-'4t+.J h'f4 ,;,,,,_ L1vue. (.1J .. P--a--~ l(wwJ 5w.11h_,J>-l1 i/1-< <:! I i-1-f JJJ-,· 1<;_,_ lm>; ~yva L),tJe, tJr /J~?"~,£ !:a~ J A4J~ lU-«.~ FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path Meeting0LQXWHs Page 53 of 69 RE : AHUKIN I -LYDGATE BIKE PATH PROJECT TO WHOM IT "1AY CONCERN: The County of Kauai is considering locating a portion of the proposed bike path through Waiua Golf Course. We strongly oppose this site for the f ollowing reasons: 1. The Draft Environmental Assessment for the project fails to make a thorough invest igation of the area mauka of Kuhio Highway. This area should include alternatives with as much concentration of effort as was placed into Alternate #1 . 2. The Wa!lua Golf Course is an impartant recreational area . Federat funds should not be applied to disturb its existence and use by the development of an "Alternate Transport Route• when all of the area above Kuh io Highway is available to the planners for this. 3. A mauka alternate, removed from the Wailua Golf Course , should prove to be a better location for the project. This alternate may be much more scene, certainly more serene and generally prov ides a much cleaner environment for bike path users, probably at a lesser cost for construction and maintenance than Aftemate #1 that is subjected to high wave action. 4 . Alternate #2, through Wa ilu a Golt Course, confines the bil<e path users between noisy Kuhio Highway and an unsightly high fence which dou~ negatively by also providing a visual intrusion on goiters. T his only serves to do an Injustice to both bike path users and golfers. We firmly believe that mauka alternatives will meet all of the stated goals for the bike path and should be utilized to locate the project. ~ .£/,_.,;,,II· I./ a>i a l'?t7 ~ £..,'t,<1c, 1/1 · ;/,;,v4,1-¥'? #,. \.-1.0--• ._.'\'..,, ' µ.., - l<A-f ,114-, f./.,' FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path Meeting0LQXWHs Page 54 of 69Proposed Bike Path Through The W ailua Golf Course The Golfers of Kauai desire not to have a bike path built along the perimeter of the existing Wailua Golf Course. We would like to enjoy a round of golf without any distractions of any sorts. We currently have the sound of the traffic along the areas where the bike path is to be built. We wish not to have added distractions like the type of noises that comes with bicyle riders talking or laughing and who knows maybe horses as proposed at one meeting. FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path Meeting0LQXWHs Page 55 of 69 ' ' ? ! ; i t ' • l ! ; i ' i ; ~ i 1..:: • ~ . ~ I< ' Li ' '\ ': " ~ ~ ' ~ i ' . ; ~ ~ ~ '-' ~~· ~\ ~ ~ ' ' <I> ~ ::. ~ I' ' ~;:. ~ ·~ :~1 ~~ ' ' • I< '\, • '< ~ >< I ~ < -liF ~ • ~ . " ~ I/ ~, I 11 t--'- FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path  Meeting0LQXWHs Page 56 of 69 ! , ·'-I FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path Meeting0LQXWHs Page 57 of 69 • • I 1 :::i l '1 ' i j ' ; i :J ' 1 • r • • i ~ ' Jj ; . " 4 ! s .. :: " < e : g ;c; : "' 'i;; , . , " . . :Z ~ ~ , l : ; ~ ! : ;; I • I ' ~ ii ~ ~ z f ; 2 • c ~ ' • : FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path Meeting0LQXWHs Page 58 of 69 ' ' l l i • ~ ; • ! ' ~ ; • ; r ; • ; ' l 0 • ' ; ; l • ~ FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path Meeting0LQXWHs Page 59 of 69 "') FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path Meeting 0LQXWHs Page 60 of 69 ? ' l ' ; ~ ~ • i ; ? ; l i i ! ' • ~ c 2 • ;; 5 FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped Path 0HHWLQJ0LQXWHV Page 61 of 69 FINAL ENVIRONMENTAL ASSESSMENT Appendix B Ahukini to Lydgate Park Bike/Ped PathMeeting0LQXWHs Page 62 of 69 ~ ' i ' . ! l t ' FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 63 of 69 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 64 of 69 ! ~ a " • 0 ~ "' z ; ' j w ~ i ; --1-+-l-·-+-I FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 65 of 69 • ; i ' i ! ! ' FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 66 of 69 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 67 of 69 l ? i I ; ' • ' r ! i I'! I ' • 5 ;; .. c e ~ 5 • .. Jt iii s ._..._ __ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 68 of 69 ! , FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bike/Ped Path Appendix B Meeting Minutes Page 69 of 69This Petitjon is to stop the Bike Path starting at the 12th holo oown to tne 11tn, iutn, me panung 101 area, ~u• uo1w1 / ,,. 11u1u a11u 01u11~ uu1 .. u, 11v1v •••u tu u1u Nukoli'i Motocross area. PRINT NAME l--.11 I SIGNJLI tJlilE \ I ADDRESS . I TE LEPHONE OR CELLULAR 1 L l/+IJ LL/ .S. N!+KAMul<A~ ~I// I , . J (jib.). f'ala.1 u: L1 J...,,,. J .z ' "f" J-Y<J H 2' 1 A.I It ' o.r 111 A 1<. f+. lti . · · A • /!. ~/ / L'I ----~"~). //11lo.1\1'1 1hu" I .,)..~ .j r)-O'f'I 3 J ,._, -i , ,,,..,,.77:> ' ·'-. , 79bO ""· -~ -Al-,L..,,,,...A' ~-· -(,;/ 1/_ 4 Me...iri.:i f.Mll<$1ff8-6 # u.. • r A • .., I p.o. Sc.,,, lrtt (Au,,_,~ '>4 .... , ),/,"f/ . 5 8 ' 7• 8 9 I I 10 I I 11 12 13 ' 14 15 18 I 17 I • 18 19 I 20· I 21 22 I 23 24 25 i FINAL ENVIRONMENTAL ASSESSMENT APPENDIX B Ahukini to Lydgate Park Bicycle/Pedestrian Path Additional Cultural Interviews in 2012 On June 27, 2012, Cathleen Dagher, B.A., and James Powell, B.A., of Scientific Consultant Services, Inc. (SCS), conducted cultural interviews with 5 residents who were born, raised, and lived most of their adult lines in the vicinity of the village of Hanamā`ulu a, Hanamā`ulu Ahupua`a, Līhu`e District, Kaua`i Island. All of the interviewees are individuals who are known within the community to be knowledgeable about the general history, cultural and archaeological sites, and past and present traditional cultural practices. The five interviewees were Lester Matsushima; Leopold Durant, who was attended by his son Roland Durant, and family friend, Jacob Pia; and Laola Peahu Rapozo. Lester Matsushima’s maternal great grandfather (Wahinealohakeo) was the konohiki (headman) of Hanamā`ulu Ahupua`a. Mr. Matsushima’s grandfather’s house was located in the center of the beach along Hanamā`ulu Bay. Mr. Matsushima spent much of his childhood there. Mr. Matsushima’s parents worked on and off for the Honokai Plantation. According to Mr. Matsushima, the Plantation Manager’s house also was located on the bay. During the interview, Mr. Matsushima stated 2 fishponds were located within Hanamā`ulu Bay, on either side of the bay; a fishing spot was located on the point on north side of Hanamā`ulu Bay; copra (coconut) was harvested in the area, and lo`i also were located in the area. Mr. Matsushima also stated the Pu`ali`i family had one of the fishponds, that sharks were the Pu`ali`i family `aumakua; and that a shark feeding hole was located on the north side of Hanamā`ulu Bay. Mr. Matsushima stated that the Plantation Railroad tracks were near-by; there was no battle field in Hanamā`ulu Bay; and that the area used to be comprised of sand dunes, but tsunami of 1947 wiped out the dunes. Leopold Durant currently lives in the village of Kapaia, northwest of Hanamā`ulu Bay. According to Mr. Durant, cultural sites in the vicinity include an `akilolo (wrasse fish) fishing area on top of bluff; lo`i; and a fishing spot. Mr. Durant knew of the fishing spot, hake nalu (shark feeding hole) and of the coconut (copra) harvesting Lester Matsushima spoke of. Mr. Durant also said Lester Matsushima had kuleana land in the area. Mr. Durant’s concern regarding the Kauai bike path was that the bike path may restrict access to Ahukini Point and restrict access to fishing. Roland Durant was present during the interview with his father and offered to be interviewed. Roland Durant strongly feels that everything (lo`i; ahu, etc.) is connected to the land and to the Hawaiian people and culture. Jacob Pia, a friend of the Durant family, present during the interviews with Leopold and Roland Durant, also offered to be interviewed. Mr. Pia is a freediver who indicated he was familiar with the coastal area of Hanamā`ulu Bay as he frequently dives in this area. Mr. Pia Knew of the 2 fishponds Lester Matsushima spoke of. Mr. Pia also mentioned the ahu (hale for locating fish and schools of fish) on Ahukini Point and a fresh water spring. Mr. Pia’s family grew watercress on the point on the north side of Hanamā`ulu Bay. Mr. Pia also knew of the kilo (fishing spot) on the north side of Hanamā`ulu Bay that Mr. Matsushima spoke of, as well as a kilo on the south side of the bay; and on the bottom side of Kawaihau Stream, a spring, and lo`i are still there. In addition, Mr. Pia indicted there could be heiau, a birthing area; and petroglyphs in the general area. Laola Peahu Rapozo was born in Nāwiliwili, grew up, and moved mauka. Mrs. Rapozo stated there were taro patches (lo`i) above the Hanamaulu Railroad Bridge; the Hanamaulu Dairy was in the area where the Hilton Hotel currently is located. Mrs. Rapozo also said the area along stream in Hanamā`ulu was farmed and that World War II military bunkers were located along the coastline. The Wailua Golf Course area was battleground with villages during the pre-Contact Period (pre-1778) and that Plantation-Era habitation occurred on south bank of Hanamā`ulu Stream. She had a friend who had lived there and remembered having to take boat to house. Mrs. Rapozo also mentioned that the Pia and Kane families FINAL ENVIRONMENTAL ASSESSMENT APPENDIX B Ahukini to Lydgate Park Bicycle/Pedestrian Path lived by Hanamā`ulu Bay and that sharks were the families’ `aumakua. Mrs. Rapozo thinks bike paths, in general, are a good thing as they provide access to areas otherwise inaccessible and unseen. In sum, five long-term, culturally knowledgeable members of the Hanamā`ulu community were interviewed for the Kaua`i Bike Path Project. Three of the interviewees expressed no concerns regarding the construction of the bike path. One of the three interviewees with no concerns believed that the bike path would enrich the community by providing access to beautiful vistas which are currently inaccessible and/or unnoticed. Two of the interviewees did express concerns regarding the construction of the bike path. One concern pertained to continued access to Ahukini Point and restrict access to fishing in the Hanamā`ulu. The second individual who expressed concerns regarding the construction of the bike path believed that development, in general, compromised the Hawaiian culture, the Hawaiian people, and the Hawaiian Islands. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path This Page Left Intentionally Blank  FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C:  Draft EA Comments and Reponses  FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path This Page Left Intentionally Blank  FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 1 - KURT R. BOSSMARO ""OllNl'o' 101' 1,.•w ,, .... C~V• •TllCCT ~1 .. uc ...... w .. 1 ••?K Tl"_O_C •O.t .. •~.0:;1: ,..,,. .OS·t••·•u• January 3, 2006 De;>artaent o! Public Works 44,4 Rice Street Lihu•, H! 96?66 Attn: Douglas Hai9h RE: Ahukini to Lydgate Pork Bicycle/Pedestrian Poth (HRS: 343 DEA) 'l'o When It May Concern: The CC>Unty of Kauai -PUblic Works Department (hcrc;iinil!ter "Applicant") lS considerin9 locatin9 a portion o! the p::opo&-ed bikeway on or near the beach !re• the Radisson Hotel through Wailua golf course. I strongly oppose placement of the bikevay at that location tor the reasons stated below: i. The Applicant's DEA is voetully Sh~r; ot specific= as to the location of the struc1:.ures. lt is Dr. Fletcher's opinion that such a l)f.th~ay should be s1;ed at lea~t 100 !eet and nost appropriately 200 !eet inlilnd rro::i. tho ve9etat.ion line. How many feel: from the exisc.inq ve9etation line to the bikeway is bo1nq propose--d by Applicant? HOV many feet. !roa the existing certifiod sho:-eline to the bike,,:ay? Ho,,. :iany feet out.eido t.lie existi09 cerc1f1ed shoreline out onto the beach does the County plan on du~pinq sand? A$ the beach is presently so na~rOlo.•, ho·., 1'0Uld t:he dunes be located so a= to allow use or the boach? How ~any !eet wit:hin fait"\rays of holes #1 end 12 is the protective tence to bo sited? At these holes, hov ~any foot from the certified shoreline is the protective fence to be si'ted? Ho-.. vide o ve9eta1:.ion barrier t.•ill be requ!rod to hide the fence? What e!!ect on 9olt course play is this encroachi:.ent expected to have? How tall will the fence be? Will the fence extettd ovor the bikeway? Ho.., tar? The ans.-ers to these questions vill vori!y that tho b1k•¥ay would si9ni!icantly adve:-sely Affect both users Of the gol! course and tho beach. I have traversed a two and one quarter •ilo portion ot' the subject beach on ~O!:ot days for the past twenty four years. I an probably a~ familiar with 1:.he recent conditions at that location a= Deoartacnt of Public Works Jaiiuery 3, 2006 Page 2 2. anyone. It ~hould be apparent to any visitor to the aroe that there is insufficient: space available on either the boach or the qolt course !or such a structure. This is especially true vhen one considers what ~ould constitute a reasonable setback in order to evoid dema9e caused by coestal erosion or store. Public policy dic;a;1s tha1:. t:he bike,.·ay should not be le<:ated in an area prono to coastal erosion. ror good reasons, government has assumed the role of discouraging pr!\'ate landowners t'roo placirw; structures in the coasto.l :one. Historically, the Applicant has claimed that without a seawall, a si9nifican1:. portion of the qolt course would shortly disappear. The County 1'.'0$ so certain ot this oventl.lolity that. it twice constructed port io:"IS Of an ille9a.l seat.•all and lot.er considered o. fivf' million dollar supe:-s•o11:all which would have extended two thirds Of e mile along the beach frontinq nailua Golf Course. The Applicanc recently retained an •nglneerinq tirr.i (Oceanit) to prepa:-e a d:-aft envlronr.iental assessr.ont of the subject location for purposes o! const.ructinq another seawall. Oceanit found that the subject coastline has b•Gn eroding at a rate ot one toot per year and that ~ailua Golt course would soon be adver;cly impacted by the erosion. oceanit deterr.iined in i1:.s draft E'nvironmont Assessment thot beach nourish~ent is not feasible at chis location because a $uccessful sand nourish=.ont scheme at this location would require a l&r9e butter ot sand to be initially built up and thereafter, the annual loss ~ade up. oceani~ also found tha1:. place=ont of larqe amounts of sand on the 'beach would inpact ;he nearshore reef and, in the absence o! structures to ret-ain the sand, the sand could !lo~ to tho adjacent beaches over time. In seeking per-mission to construct the seat.•a11, Applicant promoted t.hici; assert.ion. No~ Applicant asserts tho opposite conclusion and is '•"1llin9 to 9amble with the public's resources by placin9 a structure on top ot the icport.ed sand. As the Applicant's posit.ion has been that dun• restoration al:. this location would pose a threat to the environment., clearly the Applicant's dosire to plac:o sand on t.he beach at this locetion is only moant 'to c:rebte a t'oundation upon which 1:.0 place tho bikeway structure. Th• Applicant wishes t.o push t.ho bikepath out. onto th• beach and away from the qolt courso so as to mini=ize complaints from the users of the qolt courso. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 2 - o.pa:-...... n~ ot Pl.lb!ic v~rk• .J•""'1.1•ry >. 200• P•i• l Appltc•nt fta• already ~••ted betV'9en o~ and tvo ~lllion do::ars o! ta..,..yer llOlleY on !a1:9d. prolecu at: th!s loc:•tion. Th••• proi.c-t• have ca~ed aJ.9n1!1cant daaa9e to tM •r••· Tb• Applic•nt •ftould be r9Q'1.lired t:o corw:l1,;•1vely retM.it the Oceanit concl\l•ion that .. nc1 nouristlaent 1• no'! t•••lbJ.a. the conclusto:i that. c..-,• Applicant ha~ until r.cently pro.ot9d.. ! ~11ave t.hat 'tl'I• contract ~1th ocaanlt t.o •tudy options •• to th• coaatal ero•ion frontlnq t.h• qolt cou.rae is •tiJl on9olnt· Kea tne Appllcart cloa9d out 1t• con~rac~ ~ltt Ocaanit? At ~h•t coat? With vhat res~lt? Ha• t.he County'• conau:tant r•vl..-<ad Ot-·••nlt'• enviroruaen~•l ••••••Mr.t? Oo-e• the con•u1.t11nt cont••t any o! Oceanit.'• !1ndu"gs? It' ao, \Jhat d•t• doea the consult.ant rely upon in rebuttin9 Ocean it"• t' ll'ldlnqa1 ~hy WOl.lld t.h• Applic.ant.. who on• would •>cpect would ~·ant '!O ••t • qood exallple, consider placinq a atr\lcture in an area that it haa cla!••d will •oon b.-•v•llOw•d by th• •••? In th• preaent OtA I noted no reference to the Applicant'• pr1or ect1vit1•• et thi• locetion or of th• Oceanlt DEA. How could en Applicant and/or conault•nt cl•!• tnat they w•r• pr•••ntin9 •n Oblective ••••••m•nt here ~h•n they int•ntionally o•lt th• infor~ation mo•t r•l•vant to o determinet1on •• to th• proper handlinq of th••• iaauea? Such an o:n1••1on di•cr•Clita th• entire DEA. Moat relevant rederel, Sta•• and County agenciea (includln9 th• OLNR and OtQC) h•V• • !il• on the Applicant'• octivlti•• in th~• area and I would aek that each r•vi•w that tile when con•ld11ri"'9 the autticiency ot the DtA.. Th• prior OU. and oth•r relevant portion• ot th• soawall til•• •hould be 111ad• • p1rt ot thi• DEA. Th1s DtA •hould be r•)•ct•d unt11 auch tl•• ns th• Applicant has thorou9hly •ddr••••d th••• i••u••· l. Th• Applicant'• propo1al to build dun•• by trucking in ... , quantittea or •and and placir19 a r•aovable •helical boardwalk path• ia nothinv ahort ot bizarre. Under pres•nt conditlon• at th• be•Ch, the •ketch provided at pa;:• 40 ot the DEA •he>•• l'"port.ed .. nd. 'Wh•r• t.he ~·a..n ot the w•v•• pr•••ntly hit•. Th• ••nd under a portion o! t.-h• •truct1,1re ~111 iwa.diately •a•h away leavinq "t.h.e •trwcture han9ir19 1,, th• 1Jr. A•ide froa th• cost and •afety concern• th1a r.ti•••· there will be an unai9htly ·~•r•nc• ot th• underained etr~cture tro• th• ~eh. oepar"t.JMnt or Public Mor~• J'anuary J, 200' ?age ' At pa;9e tl ot :11• DltA it la •t•t•d U'iat Ul•r• la no vay of pr<adict!nq ho-. 10"9 th• iaport.cl ••nd vill r ... in b'.,;.t that !iv• Y••r• vould be conaider-4 ..a au.cc.... Th• Applicant ad"!t1t• that on• !er9e atora could d•stroy th• d.lMa and ':h• atrui:ture. "''ho 1• qOi1)9 to be responsible :or ~h• upkeep of the dun•• and th• structure? All xauai r••.~•n'!.a are ... are that th• co1.1ntr 1• M:iabl• to ... 1neain it• exiat1"9 public pa.rka, ro.ada. r•atrooas. and other a•en1ti••· Wlll there be a dedicated sourc• o! !undinq or bond to 1ft9ur• tftat ae1nte;'l.ln<:• and t>eac~ repl•ni•~nt 1• •~co.p11ah•d ln • tl~•ly aanner? ~"h•r• will th• !und• OO~• fro.? I• it th• Applicant'• intent to re110ve the atructu.r• just prior to thr••t•n•d atorw.a or tidal vav••? What will th• protocol be •• to r•90Vll durinq •uch t.hreat•? Ho·• lon9 vill 1~ t•~• to remove t.h• atn.ictur•? I• th•r• a budget to ~ov•r re•oval and r•inat1llation? Th• ~hr••t to th• •tructure will occaaion the attention ot nu~•roua public aqenci•• at 9r•at expense and inconv•nience to th• public. I don't believe the purported be>ne!it to be obtaln•d by placin9 the bikeway alonq th• ocean ju1tiry •uch a riak ot environ111•ntal degr1dation and exp.en••· There ar• •till remn.anta or the Applicant'• prior t'ail•d construction projects in thia coastal area. l"or year•, the u••r• ot th• beach have been rorc•d to dod9e concrete, ~•tal, me•hing, rebar, etc. Should th• biX•~•Y be built at thia location. it vill likely •utter th• ••m• tate ftnd the public vill be lett with th• ••11• •••• •• occ"•ion•d by the tail•d •••wall project•. -'· In conjunction with th• r•C•nt Oceanit Dra!t £nvlron"4ntal A•••••ment the County eou9ht to certi!y th• ahor•llne t'rontin9 Wail1.1a Colt Course. Durin9 t.hia proeeaa it va• contirm•d that th• Co1.1nty had c•u&ed fill to be placed on th• beach outaide th• 9olf course and that ao•• ot that !ill atill ex1at.ed. For thi• reason, eh• state Surveyor retua•d to c•rt.ity th• shoreline. It app~ar• th•t th• County abandonPd ita dea!re:d seawall pro~•et aa th• re1ult or th1• !indin9. Th• encroachaen:. i••\.I• need• to be r••olved prior to •ny a.tteapt. to locat• the bikeway in the area. My und•r•tandln9 la t.het t~e 0.pbrt.••nt or PuDllc Worlt• (Applicant) require• all appl1cant• to r••olv• •uch i<lf.olation• prior to proc.essin9 any turth•r pereita. Th• County s.ho1.1ld be requir•d to fol lo~ it•°"'" rule. No turth•r action ahould be taken FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 3 - Oep.arta•nt ot PU bl ic "or;.• January l, 2001 Pa!1• 5 on tri• propo•ed eoti•t•l ptit.1'1 o! t • ~U•v•y in this a:•• t.1:itJ l eu::ti t lN •• t.h• enc:oacruant iaaoe has be•n reaolv-4. s. ':'h• DEA at ~9•• lt-40 indicate• ~hat Applicant !nte..,ds on er .. t1nq a ••nd to~ndatlon tor th• blk•••Y out.aid• e.he cert.!19<1 •hor•line and out.aid• th• l•nda which Ye.!'"e 9!'•!"'':.9<! th• CO'.Jl'lty by th• 5t•t• ttrou9h ari ExeCLtf.v• order. I don't bel1•v• th•t l99el authority exi•t..s "1hieh would •110'"' the APS>licant (tl\e County) to aasu•• u..se, control and d•velop:aent rlq::i.t1 over lands ovned 'by t.he State. What 1a tft• l~al authority and proces• for U\e proposition that the County can 1evelop on th••• atate l~u~d•? 6. S19r.J!icant port.lone ot the north•rn section o! the bik•v•y have already been appro ... •d in ar•a• frontinq the beecn/ocean. Tn• u••r• ot th• b1ke•ay shall th•retore hav• an opportunity to enjoy thla prox1•1t.y to th• oc•an 1n o":.h•r locations. A• a r••~l:. or prior approvals, the usara of th• bik•-.ray have •lready been provid•d vith su:itcient ace••• to our beach•• ~nd ocean. Placin9 e..~e bik• ... ·•y on the ocaan in thia location would b• at tl'I• •xp•n•• ot those who have •njoyed th• privacy or the ooattal locetion. Th••• would include tiahermen, hikers, and tho•• ••ekln9 some aolituda. ?ha bikeway should not b• loc•t•d frontin9 th• 9olr coura• ao that beach ~••rs have a private pl~c• to enjoy. 7. Th• DEA tail• to addr••• the cu111ul•tive etfeetc that or1•• when this pro1ect i• added to the approximataly ten nil•I ot coaatel bik•wey that h•~• alr•ady been impoaod upon th• public. Th• DEA fella to addreaa the aocial and cultural att•cta that a coastal Jocation shall have on th• t1•h•r•en •~ beach 9oera ~ho pr•••ntly an,oy t..~is aigriticant reaourcfl. Do.a ever)' locat.1.on on th• East aidf: or th• Ialand ot Kauai have to be concr•te acc•••ible? Since when !n Hava11 did placin9 concr•t• on th• beach btiCO•• an •nviron••ntally friendly activity? I thought it wea p~blic policy Jn Havaii to :aintain so~• natureln••• to th••• er•••· >:aual is the S•parate Kin9d01a; not th• dra ... 1n9 board tor a aubi.lrban planner !roa Colorado. Pr•••rva the coaatllne. The coastline can •l••v• be pav•d ov•r lat•r when the fishercoen and pona•r•r• er• 9one and the cellphone 9•n•ration rul•&· a. By virtue ot th• bik•path •M e.._nlties that t.h• Appl 1cant haa r•c•ntly placed 11t South t.ydgat• Park Depa:'b!e:i<:-ot PUl>l ic work• J'ar: .. a:y 3, 2001 Pa9e 6 ':-ho~••ftll• of nee ptople ~ave alr•edy be•n introduc.d to the auDl•ct ti.ad\ area. The &ncr .. ae in vi•itors h .. alr•ady cauaed a •19nltlcant ~atlve environiae.n:..1 i•~ct, pr1aarily due to the vehicular acceaa Vbleh the Appllc•nt ha• promoted. Vefticular traffic on t.h• b9aeh has appro•! .. tely trlpltld ov•r tne paat ••V•r•l y...r•. ':'here v.11 be a ai9n1ticant incree .. in vehicular b.Ach tra!t1c should th• coa1tal t>lkepeit.h b4t built. 9. '!he DEA tall• to addr••• t.h• negative lap.act t.hat eo:lftr111et:1on of • co.aatal t>l1<eway C lncraas1~ by thovaar.oa, the nu~t>er ot .ndlvlduala/trettlc) vlll have on net1ve 9atherinCJ and flahift<J. It would ••••obvious t.hat tn• ~ntrod1.1ct ion ot thouaanda of n• .. · people/vehicl•s to tn• coeatlin• •••na l••• fish, leaa li~u. etc. Thia la especially "orriao.e in llqht ot 0Cffn1.t'• co:K:ern th•t t~• introduced ... nd vill l•pect the reet. However, th• o~ :ell• to •nelyze th••• i~pects. 10. R•t•r•ne• 1• ud• ln tn• DEA that th• aubj•ct area 1• heb;':at to th• •ndanqered •onk ••al. The aeala ar• pr•••ntly thr•at•nad by th• •otorlzad tratfic on the be1cn and h1r111td by th• 9ro..,.1n9 number ct people (tour1ata and local•) Vho uaa tna beach. On• ot th• bi99aat problem la the 9ro~in9 n~~b•r of d09a brought to th• beach by th•ir ovnera. Th• al9n1t1cant incr•••• or vahtol••, people, end d09a Which will be brou9ht to thi& location by auch • bik•~•Y Vlll obviously have a 119nitlcant neqativa affect on the ••al'• environment. 11. An unai9htly t•ne• will hav• to be conatruoted to prot•ct the ua•r• ot the bUt•way :ro111 a1·rant 9olf balls. Th• t•nc• will be • a19n1rie•nt vi•u•l intruaion ~hich vill adv•raaly attact th• enjoyment. cit the area, including thoaa ua1n9 the bUt•wa~·· How•ver, the 9reatest burd•n will ba born• by tho•• playinq qolt and uaing the beach. such • ranee will ~ an •Y••or• t~r both th• golt•ra who no• enjoy a atunninq vie.., or th• t>each/o<:ean end those of ua usl."9 th• beach •·ho enjoy the ••u¥.a V1av. Thia pu.blic 9011 cour•• i• en i•portent recreational aaset. over 100,000 ro~nda or Qolt era played there ••ch year. Th• nuo.l'.'4r of uaere o! th• bik•~•Y la in•l9nitlca..nt coepared tot~• nu•t>ar or u••r• ot tne 901! courae and beach. The coat o! .. 1nt•in1n9 tha •Sl• ot tanee in th1a locatio~ i.:ill be •1qnlt1cant du• to th• atror\9 ••a breez.ea. The t•nc• w1ll detariorat• •nd be •n lncr .. ein9 eyesor• and °b'.JdQ•~•ry liability tor th• public. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 4 - Oep.ar~~nt o: P\obl1c ~orX• 3•nuary l, 2006 Pa9e 7 12. Ha .. a11 Sta':• environment.al pol1C)· 9\ol!delin•• are !01.::id in HRS Sl''·'· Th••• qu1del1nea r.-quir• conaideration of popul•tion u.ae and •lllM'Ct •• a ~'or !ac<::o: ~n •nvlron.aent•l d-cir•d.ation, e!'\Cou.r•9• pr•••rv•t!or.. end protection o! w•t•r and vlsua! natura! r•sO'.lrC41a, !oate:-protection or ahor•lin•• troe enero.ac~.:te.nt of artl!icial i..;;.;Jrov•Mnta •nd atruc:turea, pr0110:• p:-ese:-vation ot ope.n apac:e1, •nd recoqn.:• th• eulture o! the co.au.nity. Co:o.1tn.ic:lon of ~i• r.on•mo:or1~•d h19?'r··•y on L~!s section ot at.1Uii'• coaatline ia contrary to ttie .. 9o.ala. :J. There ar• o.tter alternetlve loc.•iona !or <:he plac~~t ot :ne bik••ar •1ther adjacent to Kuhlo Highway or :.i.:ka on t~• cane roa~. s~cn 11t.1n9 ~ould not interfere vit.h tl'I• •n}o) ... nt ot th• thou11nd1 or qol!•r•/beach us•rs •~d ~ould ~ aor• co1t •!!ici•nt to construct and ?::.air.t.ain. 7h• can• road h•• already ~•n isprov.c! by th• County and vouJd ott•r • 1at• and enjoyable Pl•••;• •~•Y from th• hiqhway, Little or no further qovernmental nonitor!n9 'WOUid be requ1r•d. Th• a1vi~• occaaion•d by sueh a rational choie• could be uaed to up;rad• associated a:a•r.1t1••· l'· The Applicant recently completed a r•v•q•t.a~ion project at tn• •ubject location. rcKA paid almo•t $~00,000.00 toward• thl• project, It app•ar• that Applicant's proj•ct 'Would bury th••• plant ~•terial1. is. Th•r• do•• not appear to be surf icient funds to build this aection ot th• bik•woy. HOil" nuch money is availablo for thi• ••ction? Wh•r• exactly v1ll th• funds cone fro• to cottpl•t• the proj•ct? Wouldn't th• remaininq !unds be better u•ed buildirw, at a l••• expen1ive location? 16. Should th• County pur1ue a coe•tal ali9nment, liti9ation to prevent conatruction vould likely be initiat•d. Such litl9•tion would cau1e th• County to incur expenae and delays. Th• County vould lik•l>· lo•• 1uch 11t19otion. Th• 11t1r approach would be to acc•pt a less eon1rover1i1l deai9n and loc1t10". I Uk• i••u• \o'ith the tollow1ft9 cou•nt• tound in the ora!t Enviro~m•ntal .,_••••~•nt: 1. On fl9• I, it 1• atated that the certified shoreline is ••••ntially 'Where th• v99etation line ~i~s. Al~hou.qh the 1••u• •• to hov •nd vhere to c•rtify the shor•lin• is pr .. ently bein<J deb9ted 1n the M•~•11 courts, no party i• oepart.._nt o! PUbl1c work• January J, 2006 Pa9e 8 •• 3. '. takint the poeition that th• veqetation l!ne defines ~e location. A r•v1•• ot euch l.t19at!on sho~ld be conducted by th• Applicant. I•• pyb•ts +ss••• snp~•lin« "'V j i y Mftd p# !•ml aM 1;1tur1 i R119u .. st1 , .. al Is th• Applicant c!ai•i"9 ':hat lt can r•locate th• <:-ertified sborel1ne by conetnact1"9 dw.n.1? What i• t..'te leqally required aet.b.tck !'or the etruct."r• froa the ce:-e1!'19d •horeline? On p19e JO, Mr. IJ•unton of the Depa.rt.Dent ct Hea!th ~ndi::at•• h• i• unaware that vater tlo•• !'ro11 t?\e dra1n19• ...-.y aow.th of th• Rad11aon Hotel. lt i• true that since Lihu• Plantation cloae1 .ts op•rations, Yat•r rar•ly !low• to th• ocean ov•r thi• d:-ain•9• "'•Y· How•ver, !'ollow-1n9 th• heavy ralnl of 12/04 and 1/05, 1o.'at•r !lo~•d throu9h thl• d?'•in,,;i• "''•Y to th• ocean. such !low 11'\ould not be i•p•d•d. Th• cost ot t.his •tructur• is not noted on the ••t n.at.ad coat. analysis on pa9• '7l. on P•9• (), a photo o!' th• propoaed path la ahovn trontin9 t.h• 9olt couree driving ran9e !ence. The Applicant i• aware that. the oc•an n•• r•ached t.he drivin9 ran9e fence and It ti~•• ra.oved •11 sand and v•9etation tro' e portion of thia area. On• auch event took plcco following th• inetellation or th• fiber optic cable in 199(. Such event vee not at-or-r•lat.ad. I• the drivin9 ranq• tence 9oin9 to b• moved inland? How tar? It so, will the driving r41in9• be relocated? It not, how 1t.'ill the ••f•ty ot tho peopl• ue1n9 th• beach l>o protected? It thould be noted that thi• large, un1l9htly structure waa built without • pera1t in th• l990a. When this was broo9ht to the ftttantion ot th• County Pl•nninq Oep,art11ent, that Depftrtment improperly al!pp.ed the County an .. after the t•ct .. 111nor SHA p•rmlt. Becaus• ot the ai9nlt1cant viaual de9r4dation th• structur• creat.es, a r•al SKA rev1•~ ehould bl required it th• bo.ckatop is to be 1r1ov•d. 1 believe eueh a r•v!ev ahould lead to the r•m~val or th• etructure. On P•9• 172, $1.1, lt 11 •••erted that the p~oposed path 1• not expecte<l to reeult in eiqnittcant ne9ative •ocial, econo•ic, cultural or env1ron••nt1l impacts. Should the pro1ect be located on th• co.aat, t di1a9r••· What is propoeed l• a non•otori&•d hiqhway !a11adiaeely adjace~t to ~h• beach. Such a structure •o1ould allov i:m.ediate acc••• •nd intruelon to th• •r•• ot • s19niticant nucber ot peopl•, includln9 thouaand• ot touriata. Int~oducing thouaand• or tourlat• into th1• :•1110t• area •ill have a FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 5 - Oop.4rt1Mnt. ot P\ll>l ic Works January 3, 2006 Pa9e 9 siqnitie.int negative ir.pact on t.hi• area. An unaiqhtly tenee and elevated structur• trontin9 tho 901! cours• would dest:-oy the vie ... s and ac:ib!ance. _Th• priiiary caua• ot duh• d•vastation du:-ing thia period hns be•n t.h• iner!-ased vehicular t.raftic. The Applicant has done not..~1n9 to prot•et the dunes/ve9etation in th!~ nre-a. Extending: t.he bikevay along the beach will roault. in another siqni!icant iner•ase in beach vehicle tra!tie and result.ant du.ne destruction. ~! th• Applicant ...... concerned about dunes end r••toration, t?'le Applicant .... ould ha.._.e already clo••d the btaeh to vehiculer trottic. Sine• tho Applicant haa »ad• representations in the past that vehicular tratfic \lould continue, it will bo dif!icult politically to c!ose the beach. It vould be a total ~aste of rt.Oney to recreate and veqotat• the dune~ and then allo-..• continued vehicular t.ra!t'ic O!'I ':he.~. The Appl leant ne.eds to cleorly &tote V'hether it intends on closin9 ~h• b8•ch to vehicular traffic. Th•r• s:-i.ould by a tin:tin9 th•t con1truetion of ':he coastal rocte of the bB:oway wo-'.lld have a si9nificant negative impact on t..l\e c~astal environ:i•nt. such that. •. !ull •nviron111ental tr.pact st&t$11ent. is r•quired. This !inding 1a aa9ni!ied in l!ght o! the C-\l:iaUl&tive e!feeta_ of pr1or .:ip;>roval8 O! other portions O! t.he bikevay alonq Kaua1•s eastern shoreline. KURT 80SSHARD CC: O!QC Merl• Grines 3e!!r•y \\alters -DI.SR ()e!tr•>•..,.alt.eratha~aii.9ov) Peter Younq -D~~R Sas:i IAIUIC -01.."IR Sara Sii::ur>0ns-tifc (sarafsw••t.grassdes19n.nat) ~e~bers ot the Kauai County Council MERLE D. GRIMES, ll( Mt. Kurt R 809.1lllltd AHlon'lay at L9'# 31'4 E1c,1i1S.... llllue. HI 96766 M"'y9,2008 Sl.lbjtc:t: ~ 10 Commtnl LAU. OMed Jan...ary 3.. 2006 lOt 0. Anuklnl to L)'CIOllC. Pa~ ~ P•lh • DrWl EtlVlrOM*!btdAUef.MWIC (DEA)&le<I ~ 22. 2006 °'8tM1.~, 111.W!-1(111 SO mud! fOI )'(kl l.n>e in r~ tile Dt-atr Eil~lt.llf ASUJ.smt!IV lot U!e obow rMl"ltiomKI p«h ~ IWK1 ~ )'Oii o:rmmotlf's "'CINdhsJ &II,,., \.Wtli ,;u ~ .... WOIN ,._. IOINfJO/W110 HQh ol'f04"iNWS Md~ at~ ,...._ lilW1 '°"" eonimontt in ftf}l.W zyp. Md IOnf, #"1 tM l$1pol'lte to Mdl "'J:illlCa PlJtft ~"*" a«wrlllth'$t were <l#IJttrhlitied fMK¢ a p.rooo.s;s. which IMJudod lt'ltH ~ mHhi'/lg~fleps (OM~ ffxtN wau Goll Course niaQI ant/t'M)lor the~pro,.a IWN) elldn'»llNn(p lll'ltll $tat~ fl#! at nw Wo«t11 Goll~ ""'""90I''*""' ,.gtK~ ~•and Al~ Tht Or.ttt En~ Al#Amttlt ~ '""""Omhlltft tol'e«ih ol thnt -· At UWf time, f'tJOfW 1$ llO ,,,..,_ pnth ~ ThcJ Cocxlfy of K.(Mll Wiii m.• thfl lillill o.itmWiawnlorOott~a~~-""°""~'Pflriod"~~"" 111 d lf'lre .inllH l'a&Y9 MM idtll•tiNtd TN Couniyor Kauai· PvUllc Wof1i;a ~mens(~·""'*""">•~ IOcetlllg a OCll1iOl'I Of N ~ l>MwayOl"l('Jl J'4ear ~ bMd'l l(()f'tl Int RadiStOl'I HoYI lrllougt\ Walua ifCM oourse. I ·~oppose p1aioemen1 ol ll'le bbwiry •l 11191 loc:alJOl'I kw the renons tta1td .,_, 1 Th&~· 0EAl6 ..oeft.l ... &hOttd~U 10 Ol&toc8tc)ft.Of tie Stiuetl.l!'b. ConoopCIMI pltrn• ,,,. prrMdod nt Wt-ci!Wfy 11''99 ol lht /1fO)tKJ. hi# dotiormm.arq1 qi which o1 11-,..,,..._ ~. p;>th, comlotr .ui~. etc. li4f tit ~"1Wio thO ~ l/IM. #'td Olrt *'*°'°' U'IOU II.ii# .. "4110. ~ b.t.tedM ft'le ~IS Imm Ulre prwlieattd .lf'Jie ,.,......,, __ 11 ii Or. F~• oplNon 1ttM tud'l 11 ~ &houfd ~•hid .i ~ 100 IM( find mot* fOP'OOrilllely 200 fMI Hand from fie vegUliOtl kM. How mat!)' fMI lrom 11'11 exlf.llno "'9f(.lllon lnft to die bi\~9Y It beif'lO propoeeo 0y INt a~nl'1 A flnotl -"l;lnmtm has ftOl boon dli~ so ,..., •X41Cf aniwot 'o lhh ow.$1ion it noJ 90$$iOte nt ptH(lllC. ldHily, • CQIM"f., lll'9unonl WOt.Jtl ~,,,. PIMlt ., f(Jt frotrt tM W9ft•liot'J bat IJ(ttdJC.al IMd IOOto 200/Hl 18 e ~""1:Ml8'pllt. Fotp/¥'.;U~ Wt~ 18 t>« achieV&bftt, lt'W WW o/ dlJne r.Mionltiort, ~ fOot hl'llc. vs«~ NI flMWltHJ p.lltrttt11y, and a a:wnmii'mttJf to m$i'Ont ctun.s lotMwfg tWosion llVftlfl .,.. al dtt$/Qnfd to rrtlnitrtlt•nqrg~ ~ $houfld41 ~-f>'ltJ ~ 0. ..-oe1. .. ~,.,.,, .. ~ wll be~ In ftle etfab6Mment o/thfl ~Patil~ Ol'it #tat it"°' INslbt&a ~ ri Mre<tUl9d. 1c1 n ll'• ,u111owc 1nr. r11;AJ.fTH CO tC10J JOJ t-'o\oc;M.4. •Dr. • )Q) Mt 110t IC Ml n11e .... PC.Cti"\l(ll WM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 6 - How many feel lrom the e;cls1ing cerllffed &horeline 10 !tie blkeway? ni.~has notbton~ln U.corndotolth#s~ olU'JO ~ "°""'~'" ~ •ortiodls tt.t dMetmit'.led by m. F&d«al, srnre, Mid COuNy govtmmen!I w.UI btt obsel'Wd Jt • CONCal f)&lh ~tis Mfected or 8 ll'.911avlce wt# be requited. How mnny ffft ~ tho oxil.llng c:«tlflOd sl'liOl'eline OUI on10 the bOllch does t'-Caunty ptfin on cium!WIQ sand? As the beach .s presenuy so nat10w, now WOUid Ille dunes be IOcaled !IO a9 10 atlOW LEecl ltle b&adt? .,,,. dof}gn of U)O ~ Ml 11''9'1 .. fOtlV Cflre ~ •nd INIS nof bHn dqlftl'mintd bO)'Ond o conctptual pUttl ., mis r.m.. Al' ~ loClWicwl .. ~ •troMy •xisl •nd tht~ will' "°' be extencfed, $/mply teptNred. Af other IOcefions "'11ete lhO OHCh is l'tBrtOW lhft d\Hle.51 wilt bt dtnipn«l at th# far mau.ka extem of rtJe bNdl artd will not inlerl~ wi(h ac:c6S$. It f81.1~ed ttl~ wn.,, hlgtl W,9\l'f f\l'fn{f l'foQI •hro tho d\N!IN. tJ111y wNf IMH ~ 8ttd 11-()filth wilJ wk/oil wirtl tlWI new und. ~ tlttes.s, How many feel~ tai'wl.IY'l ot nOles •t and #21& &he pro1ecw. tenoe to be &11ect? ,, tlMt ~' bolwdwmk pnm optiOtl Is ~od. me ""°'~ ftttra WO&N 0o Jntotporated (ltl!M.hed} MIO the ~ 00 tM ~· edge OI ti~ boel'Owlhlt If the wood bo8rn1waik plMllt $)"Sltm Is selectocl: the pro1ect/l<e ftlnc. """60 be ii~ lht9fl /Hf flom tM IMUl\'1.1 poth edge The> oxoc:t disl.~ btM<Oon thfl #t and #2 ta~ and ttole• on</ q,. ~ foni;o i$ not A"<>Wn 411 thitr 6m4t .. ·nce rM p4lNt F$ sHll in the ~1" ltf91' N. tflese hole&. haw' ~ feet from tf'l9 certified &hcweUne ls ltle ~ ... e k!nce IO De 6'4ed? ---HoW wide a vegetadon barrier-will be reqtJlreel to tlide the fence? Tllft wicM of the YOgtJ•f'it;ln lNlniot 111'11 bli dorotminod durin9 tho dosign ph4$0 o/ tho ptoJ«f ~ would encour11git lllit de!JiOit ~ to P6tfonn ,a,, on·Mtt visultl M.ll)"Sl';t Mt Older 10 hellp detertnht ,,,. e..-:tent ol fl'Nt visu# twriw Whal offoct on golf oourso ~y IS U'lll Ol'ltt()llCrlmonl OXpoclOCI IO ,, .... 01 No ~r ~plflnfl«I. The fJIOPO'J8d paUt ~ bo fJ'8«td on top ol the ~ed tJtine ¥t mo.sf '°'41tlonl "'°"" the golf cioun1• Ht>w tall wlll IM tec'lce be? w• me ronoe extend OYel" me tii'keway? ~ on tn. pro/flcted INtQfll ol golf bolis, i '" possible tJrat the lenoe ere oonr In fD,ltard th9 Pllfh "°"Vf'• this hlts not boen delannlnod al this tirn9 104) lll0Klf'1 A.IUtOW(lll(ll • ILllAJl lH CO 1010' JOJ-ti.tt..0041.\•lr) • kl .. t•l>·tll'OIUX) M(IU.MbGO{!'.."VI It COM Mr Kun R. Bos&tlWO M.:iy 9, 2008 P• flv" ot Thlrleen 11 o bent f.1*1.siort WW~ ui. poth Is nJCluirod, rtle bend WQUtd on.ond ~tol)' 1 to.t ltml me WdclJI pa,,. ot lhe tt.mc.. The ii~ 110 lllfie ~ wilvtrify iflal Che~ WOl.lld ~y .UV.rr;ely an.ct bOOl UMfl Cf lhe gel tcurse al'ld 1NI beach I hflW It~ • ~ and one q!.1*'1el' l'l'lile l)OrtiQf'I of lhe Mlfod ~on mot* d.lys lot the PlllC tw..ty.W )Wl'S. I ""'oroOOibly as f.ilmiliarWlth N recent COCldliont ai INI 1Cc8uon as a~ n af)OIJld be apparent to any vlsn0t 10 h •~a "'* inere It ll'lfU~ space .... 111!abl9 on .._ 111e be.Id! or 11'19 ;c)V eoorao fot sucti • 1rn.ic:t1n Thill it ~ tNe wNtrl OM: cotl&iders wMt ~ con&t;ta.itG 9 ~~In Otctlr 10 •vt*:I dam$ge ~ ~00$W!l1 tto.ion Ct """"· P\IOk: poley ~ ttwlt N ~ sl'OAll not be IOeaAed In en .,ea prcne 10 coastal woslon FOf"9QIXI reasons. gov..nrnen1 has as.sumod die roi. cC ~ l)rivllte UndOwrlin from ~ WUCIUre& In "* coaua1 zone Hlstoric;attv, l'1e ~ Nls deimecS I~ vnthOUt • soo~ ~ ti;libl'll pOrlion of ihe golf course would$1V)rtty da.app&ar. No SMWtlllr n. ... 0Nt1 PIOIJ<lded0r1 f'lil.!lptOjllet WM. MM~. l'he~OI ~ ~h•wtnotbteneonsidol"Odinttiadn!llr~t-1~ The County was so oenat1 or Olia ..,..,!Wally uw ii 1\11\ce constructed ponll)ns OI an hg;M tN'o\"111 and Utef c;onsicjerocl e llY9 m9Qn ~ SllP" MllW~n wteth WOl.llO hill"-eo.1on0t<S two lflln:la Cf a tnile AIOtlg the beach ttoncirlO Wallua Goll Coutle. lN ~ ~ tetalned an engineering Mil (Qico.111) lo ~re a dmft onWcnn'lonlllll ~ ol lho subjoct klcation b purpoeet Of~ anoo.MSWllll, Oceanll b.lnd INC 1tMt aubjecl COildlnft Ms bff(I eroding at• tlll!e OI one~ pot yetlr eind ltlM Wllilun Golf Cou!SO 'IW)llCI '°°"be~ I~ b'/ 11'8 eroalon Oconlt ®'!"mined In lb hit EnWonmeinl ~ lhattielld'I ~I is no1 to;nibl9 i!I 1t111 IOc:8tlon bec8use a $l.IOCl8Uful Mnd nounistiment saieme al Ulla IOclKion would tettulf• e *;ti buffef of Utld IO bl inllinlly built UP ond thatlN!fW, the lnl'IUllll 11,)$1, mode up, ()cera ... llfllCI touno NI ptacemen1 of i.ge amounu of ~ on the bNcl\ would impact lhe twNll'&hora teel .nd, In lh6 nbMnce of slfuetl.ffl IO r~ ll'llt SMld.. ll'le sano could flOw eo me IM!j$0ft(ll ~ --fn ~ ~ k>l;IOl'lllNCt ltlf ...-.wall. ~tpromotodllla~. Now~"' 89serts 11'18 ~e CCW'ICfuslM al'ld It vlilfing eo gairrble ~ t11e public-. ~ by placirlQ e ~on toe> ottho impOl1otJ sand Accott&!p to f'illt Cc:ulty, me °'*6tllJ chi! EA was l)OYW trnaWtd /Md• FlltdJw,J o/ No ~ant ""*11 • .,,. not daclnrod OIK aniityJl1 "°"""' ,.,Y,h /NI of OcHM m .a l11r •• flnd(()g {PNit N ~it tf~8l'OSl(ltl_ Hoto.'6WI. we do (llJ!l.tH t/lltt.<tieo/~ lf/'l.tCtUreS't/llM JtnbW.ze rM co.)St os a ~ option bKouff tho ri$k ol Ol'l~.ol dooJ.tgo is proM. Our to• 110•1·~ Alll'tOW "Ill 11 • Ill I rH 0 eo:o: tol.M ... 0044 OO•)QIMtfl'M<l..o. 40\l lltl•YJX,.D(NVlll tC'-\ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 7 - Mt. Kun R. BoiKhard May9.2006 P"90 Fow d Thi1ffn arullly• COf'ICiudtbd tllM UM~ on tfl4co&#11.u bOOn hdit\'lfy ~ ..ncr ih*elot• durw ,.~ WOUid be cM.$b;l1H1t ~ (IOOd COB$tai ma~t f>('llCliCtJ. Myunct plttC«I tn ~ lM~df.llto r.,g/On would bl subjoef to U)O N~ phySIUi '°""' CUTOl'ltly ~on tfHI Ot!ltC'h.. As • f'ftSlJff of M(j, eroded nno' WOUid kJllow the .satne pall'JWlyS act"OSS atlCI ltlOt){/ d>e IHI thll und Pt'41$.m.IY folow1 dl.lrltlg ""'1l$lbt't p¢odf, M tn. Appllci:linl'• l)OMiOtl h8s been 11\at Cline re&f«CWllOn et ll'llt 10ci1tC1n would pose a t11t9iM 10 ht e1Wifonmen1. CINl'ly !f'«I A.Wllcol'lrt dosirG 10 P'flCe Nnd on 1110 ~ 01 Ills toailil» • only me~ to eteate • lout'ldtloon ~ wHctl eo otece the bikeWsy &tructure. TMnt .s sur'lloienl louOOM!On oloflg most of tht$ COG$1 lt>t OCM'lStn.cflOl'f d ,,,,,, pati1W1Jy IWl.!Out ttJlt Med /or a dc.#le. Howe~. rot Nllf ptOj«,t #. waa-~ ilMlt lflt •n~t II ••YMl'Y domo{}Od dw to PNJ dlN!o tos;s. RoSIOring,,,. ~ rs conJis~1 wifh .acttoni19 (Ind m1l9-'it.ng me eros.iott t~t to me pMllW•'I wftillt &lmul'rtiniOOu$1)' Jmproving U'Jrtl coastal~ mer ts liJOOd ~h ~ ¥1d polootMll'y ~ of/ for.,,. $llOl1 ponod ol fl'rr19 m. ilQP«J of niNig ... »vt/ rll.W lhflNMl'IS the 1*1dl. TM flMk:IAI ~ ~ SrrtaeflU'e WOUid M.11' fe/y on fM duM /Of h ~~the hflllt:$I pHs are dlf.tett weN ~ IM•m.tiltg pround 8'.ltfMA. '1 the ~ ~tdwotlr p/fl!k fyst(lm wcu'O et.s.4 It WOUid sir on N;Jp 0/ ui. consrrui:fld dunl, Anc#lcll"$ ..oc.ld oe in!lrelled ab'lg ti>& ~ boarlfwatrt platlb lit otdlN to bep tllefft hOm ~ 1tway cf(mng ~''°"" •llfrtlt.s. TM AWiceN WiShes 10 pu:stl lNt b!k~ltl out onto tile oeac.t1 end away trom «he ~ COUtM to 11s 10 miniml40 comptfinq frOm ltio ldOfS qi tho golf (;QUl'M, Apple.IN Ma ~Y wos:od bel.wel!CI one eno two ~ oon.. Of taxpeyet l'!'IOn9)' «1 '-ailed pn:ijeaa a1 ltllt. tleellot\ ThtO COdlwt Pflh Migt'lf'l'lel'lf MCHl'llNIY!t ~ U'Jr8 golf COC.¥119 .is one ot 14J--,.m Algrwnerv ~ Man, "61.iff ~ AHd '° oe-a(jdi'eu for air oft/WI ~1alfemlrMs4'I Older ro dorennlno le~. n. D<afr S-1$ JhO part o/ nn on-going~$ to g.)!het ilformnt.iOn rlliN will eid ti>&QMlf)lkt maA'lhg .t/fna/ d!Pl~ 00#18 !It.al pllUt~ These~ hive caused siont.c.nt damage ION a111a W. .,. &KIO~ o/ any ~ d111~ i:av!ltd tly ?M"1S in tr» oroa lhilt hlls bNtl _..., The Applcarw Should be ~ired IO cotldUSIYEty rltbul ltle OCtaM condusion lhal sand ~t4 not reat11e, lifle COIQi$IQI\ that ine Appllcant t1edoo111 recen1tt ~ If is not our l'Ole toteout J)lt$t l'l'Ot1t al'ld the Oc:Hl'INJWF8Cf ,..a6 dfopp«J by UM County. Nparttes mwd io t1rf' fully ooptJininl ol ~"-poinf$ Mfh ffl'Jltfd to ... ~nion· r. A aQIJt'Ce ol lllftd 3PPfOIJlf&te (Of ~ l'NIOl'iltieln r.as flOI bHtl ~fy ldorltllJ«I, 41frh0ugh potfiflb'fil ~ hln'O o.otl prtliminarily oxltmiMid, If~ tApprl)priMt ~ $0(.lrW;, not ldMtilfed me Clt#'9 l"Mlorati!M optibtt At not. lo'l'able. l1J rllls e\l'Ml t1'h awe ~' an O()elt Qtl(P.$Pion lor fcll1h(I< ~ 2. N ,, nor~ to ~detetn'Wlt rM 111'9~yolai19310tflddtlr'lre. At etly (JJn8' ""°"'* II~, "'°""-01 Aorpct $MIN tvtnl could GtOdcJ rt,. durM> '1tld rtlrNr.tJ CM p4lthW#f. The O'INle ~ d1~tM ~~NI OOl'ISm.tcdM. Ol'IC t:tJtJld ~ .-...naln/ot Mitdes. ~slororlon 4 nwnr (1$ .. pul'tly 'emponiry ,,.,~$IQ to proWcto JQtnct ~ to• caost.M p.tth MiQittmw tNr ~d'Mll"ICH me itt~ N the same time. II en~14rl "4J !ICKfliJl,Rll;QW I II• lll!AltlM(.0 Bl rJ1 \0 1..1r. OQ.$A~On. • ~l ~ 111011r)() MIR1£•'11[)(..tllNvt• COM Mr K..n R. Bosstuli'd M.ay9. 2006 Page Fl\'9d TWtteen ~ ttndre~ ii &Mt! as an~ use o/fUnds, ll'lelt 1n.1Spt0j6cl ;a cons4:11t11 wirl1 tha4 viow .. 3. Any tlWld !Mt contriDuro.a IO bffd'J ~s {)l'(Mdes m\'i1pl'ltNo ecdon ~ tho trend of erosiottlhllcNt~s tlna ~Mtdis~ W)ll'lroest.im;M~ ~10 edlietl'lt•~~. I believe ll'lal 11'1& eorrtmcl Wll1' Ocearlll !O &lllOy ~ as IO Int c:oes.1111 8f'OISiOI\ lf'Oflh1'11Q Ile OOll eourse ii sail ongoing Hat lho Applicanl c:totoo OUI its contract with Oo••ut? /IA wrat CIO$C? Wllh what result? Ha• eie Countv'• OCll'*lllant ~ Ocear'lll'• eiwlrOMW!llJI as.sewnenl? Does tf\e consultanc con1es1 11ny ol Orc:etnlt s linclingt? II ao. wna1 dMa dOOS the c:GM4lllW rely vpon lrl rttMtlng OQN!rit'• ftndlnga? Wtly woukl in.~ who or.. would~ would want IO Ml a goocs example. COl'$det p1ack10 a t.tnd:lre ti al\ area NI It has dwned .;ii IOClt'I tie IWlllcJwocl b)' it.. "'91 TM (kpnjf study rt1M you 1rt rot.nmr1 to h/Q biHv1 doHd by rtio C«lnty ltl Ille Pfeset!I CEA I note4 no t&1etenee IO IN Appleanfa priat acbvlllet ad Ills IOeatiOn Ot OI N OoNnl\OEA How c:ouldan ~ andfor~ni dlbNI V1'0)'..-. ~¥1 objedfve ~ hen! ¥ltltn ~ irWln!k>l'lally omll ltle .,torrnel!On tnOll AllM'llll IO 8 dotG~ion !ti lo ltlt pr090f hand~ ol lhOM 1$.suot,1 sue;, •n omlS$ion diKrodils Ifie enliro CEA. Mo6t reievani Feoetal. Sta1e n Count)'~ (lnc;lvcllrisi en. cum ano OEOC>t1av.• Ne en tno ~ ac.t~ In lflls aren and I W'QM ~ lhlll Md\ te'llcMo uw file Vlhen con:tlOclring !Jiit 11111'1clency or an. CEA. We~our~.ntMM.~ac>otftempast~ The prior DEA and Olhtt retevant ponion9 01 the 5HWa1 Ues &Nxno be made It p;wt 4" this DEA. Tlit DEA sl'IOUkl be rejected unCil wen lime n the Ajlpllcanl hM thiOrougihly aodressed 1Mse -Arly -500~ !l'lio desiQn and'or CQtT.$1Nefion 41ndfot sltirJf1 of an,. s!Udiod kl fM ~ 4ftud}' .,. noc ~r tom ptt'Jjed as no-.w•.,. W'la«midMtcl tU pan ol H~. The Apip!Qnl's Pl'OPORI IO build Wl'ltl by ln,ICklng In maN quantJll• cl l8lnd illtld l)liaClng • femovatlle 'ttelcal boltawlllk path" i9 tlOt'*'O '1ion OI binn'6. Under l)l'!'Senl condlbOl'la al the boach. In. atoech proW:lecJ •I pagq co ol ~ CEA ~ imoorl.O land.,.,.,,.,.. !tie; w-Mtl of die' W9YU pteMrllly Ms. nie land unoet • l)Ol'tion or N Stl'lJCIUf9 ...,..n ~let)> wMf'! awa'/ le.llYl"!J CM 11Nc1ute l'lonlli"g SI 1t1o nir. A.'lido lrom cri. co.t INld aa!Oty ooncioms this nilsos. ~ wlll be 9" un&ilgMfy appearance ot IM undermined llNdure ltOll'I tAe beach. Al JM9t 92 of the DEA it• SI.tied NI &ha• Is l'IO Wily d l)l'edlc:tlftg Mw IOng the lmponecl sand w\11 tflm4if'I bul llW tr.. 'JOal$ ~be~ a 5UQ09I$ Tho A;l91bn!-... itw on. loirge ~could d8Uroy the dunes and the scructure. VlhO iS QOi1'C1 '° be teSf)OC'ISible ror IM ~Of 11\e d~ and ltle 111n.11;:Wro7 All KaUl'll resi:lonts .11to ...,.ro iri;at h County II unotito '°' rTliN!ltrlin.itl oxiWng publiC poatt;•. roads. 1estroom&. e"tl otl'ltt ametlflies. W. ,,,,. ...,,. of m. lm,oott.anr Jolt Jh.t CIOflMWd dilM ma.ri:Ofl~ !hts m lhlt PIO/fic1. MW/ JI would ttot be t.idot1.eklJl'I Wlb'Kluf a mltinrM.tr'IOt p/M 11/Jd ttddilioll/ll .t.af'Jd all.lfCllS idftl~. Abo, • ., ~ monticnod. -. llltW ptovidod l'MOUMlr 1»tfl op(/()n /or I/le ~ d(.lne 198Chn{woot»tl ~~tt) IMtdollOll-.~OI~ M le.st~ .ntnaMs to tneooast 11f'Jd Mwl ~ IJOC011sln.d. 104, 11011.(•. AAnOW Ulfll. (I llAll rH ] 9010'. 'Mt-004 ' l1i • ~I °"*Pu• UJ: Ml !lt,le<,l\J..~DIN\'f~(l)M FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 8 - Mr Kun A.. Boul'lllrd U.y9,200$ PBQe Six.Of Thil1Mn Will thef9 be a dedat.0 ~of l\.lrlcllng 01bond10 lnMe ttud main!~ and bNch reic>leni1tvnen1 Is ~itNld in• limet)' monnor? Wtrete -M11 IM bids come &om? ~ 3,. G«Jogite.tl SlMua Ol lf'le Shorllii'Jill RiJPolf by Chltrltn Fletch#, Pt!O pl'O'lidtJs • O\$cuulon (!ti''"'-~ lor~maint11t1anco 9lld potfll1I# ~ 1"' d41Mwwt No ~~MS tleM kletltltiH M tf'lriiS llmt AltfO tff~ tomrrMHlt&. .. It lie ~nl't IMenl 10 f9tnOYe !tie etruc:eute JI* ptlOt 10 11Wea1el'le<I &IOtmt or tidal W9Ye&? Tlllf fa llOC teN!tllo. ~r q,. $fll.ICtlAl9 Calf be r(Jm0!/118'd IP"1 P'<ICll'1 In • "9W ~ d ........ WlW..,.. N protoeof be n IO removal dUl'lrq sud'l lhiu111 SH~IWWClf'. How long•M IN IOre"'°""' Ile llNC:lln? S..~at)JV4f. .. lhofo 11 bl.tdgot to C(IYOf ~I end roin$1•kin? s..~~ .... The lhteOl lo lflo struc:tU1e w• occasion Ile •nenli:ll'I Of 1•.11netoos pubtici ..,aes 01 grNI 9Xl)tnM •nd !noon~ 10 Siie """'°' I doR't l*llMI 1ne purpontd blne(n 10 be otltaioltd by piaonO the bi.eway Mong tnci oceanjuSlify M.ld\ a mk or emilO!•••M oegrad1111iM and •xponstt lher• n 1bll romnanls of lh9 A;lfllbnl'• prior fallod f;O'l$!tui;lion profools In lnls co*"81 fl(M. fOf' yews, IN uMtS Ol lfle beacft hlM' been forced to dodO& conctele, meta&, ~ reOtw, •IC $l10l,lld in. bikow;ry be built 1111,.. b:lllion. it wtl ikely 1uffef 1~ 51me fmte end 11e puCfic Wt tie lef\ wilh 1l'le wime mess a• occ:uloned by 11e f811ed Mllwal Pf'O(eCll.. A$~~ tlltl OEA ~lt-lteedltK&plMtand~IOmalhlltln Nparh """"'-rn ~~iOl'I wnn 1r.eteeent Oceatlil Otatl ~tal Assesamo..-111e eounty SOIJOlll IO 091'lify ct1't thcnliN frQnUng WrlltJa Goll Coul'ff Clumg ttiil IJ'Ol;eM ii was c:ontinnod tt,.i Ille CO!.l'lty MO cavse<1 1111 to be ptaeed on the beech outskle 1ne golf course Ind tNl $Ol'll8 Of tnat 1111 Ail •xlsl~ fot tlii$ f'N50n, the Slille Surwyi;w reluHCI 90 COl'lify u. ll'lc;nh i. i!Pf>Ch1!'S lhal N Co.imy ~cs Onh<I seawall projflel• m. r8$U1t ot t~ r.nc1log. The~' .sue neodt to be ~ priclf 10 eny altiltmPI 10 loa!UI the bkewtt)' In t"O 9!'0tl. ~ und~ 411\at tl'4t Oep;i11men1 of Publli; Wcitb (.Applic:;anl) r~ all~ 10 tMdve sUCh ~ pt'iOr 10 pr~ any lunhet penni!I.. The COUnlythOuld be reqi..w-ed to tollow its «MT1 nAo. No ""1tier ¥b:>lt "'°"*' be ~non ltle PfQPOl.0 ClC*tal Pflh d tnct ~·ay In II* aitea umil suc:h lime as ltle ~ ISSoe hat beetltMOfved. U tM contaf f*h ~ in the area 01 ttte flOlt cotarM #;t {>Ul'$JJ(ld • cern~ 01 Ute ~ d bo COlrJl'J/etlld I~ .. lllOHM AUOW(lll(tl • IUlAll tH <0 1<1101 t0J.4-&.-o<1•t. O• tOt~..1$ol108 J~ Mll1 t•MC1a•f N'-'l It (OM Mt tWn R. Bosshard "3y9.2006 P~ S8'Mn ot Thlrleen Tho DEA '" Pll9C• lt-40 lndiQ.lu INl1 AoplAn' lnl4tld• on Cl'Nllng " 8i1nd ~don fO" !hO blkeway outside me oeniried ahoretiM •l'ld outside lhe lands WhiCh were gtanttld the COUflfy b)' lho Stato lhrough tin E.x01;Utiv0 Order I don't l>Ollove tNrl '°9116 auchol'ily oxis:ls Ylflic:h WOUid alQw the Applicant (ll'le C<lunly) 10 a:s5'lme use. oonlrol al'ld de1el09i'1~~ rights over land& <M'Md by lhlt Sltit.o. What is tho klgotl authonty and process for the prO!JOSil'ion thzit lhe County can dfNdlop on tttne 51"1'9 '9nds1 Any pot1lon of tlHJ ptOj(H:J (4(Nng tn(IJf1,lf of the conJf/W ~ ,,. $Uq;oc:t to Srnto ConH'\'\ttlon Zor. OllkMlittff. SltOuld lite prof&et prot(Hld Oft tlt4 atipnmerit, o COf'ISl9Mllfion OOttfef UM Pormit oppltct1llOlt will bo m;;ido IQ 11#1 H'1wail Offleo ol ~llt'Vlltkin and C«i:uot toincts.. ThMo ts no QUM8fltH rh11t a perm# will be oranr.d, ~ Slgnll!Qolnc pol"tionie of lh<9 nonn.m MCtion of lhe blkowey have alreedy bMtl tlllppoYod In 4N99$ rroncing lhe ~ The u:sei'9 OI tl\e bikewar shall~ hl've an opponunily io et\jOy lhis ptOx.kn}W eet !ti• OCC>an in OChOf IOc:iltlont. A$ 0 tWUll al pniOf ~M. the uters ol tho blkeway Nve already been ptOYIOed w1th autl\cleM ecce&s 10 our beaches 811<1 oceal'I. Placing lho blkcwny on the OOCbn in dib IO<:a110n would bo 1111tie upense al mose who tiavo cqoycd !he privacy al ine ooastal '<>Cabon These woold 11'1du0e l'i:6nermen, hii<ers, and tho&e sHJdng 60tne 9()iludl:. The biieway shOuld not be tocfwtod fronting tl'le golf cour~ so 1tun bPCl'I useni hnYO a prive'9 p~ 10 enjoy, 1"-3t3to c:onst>lut.lon W~.s lf!M lho ~MYM Is noi to be~ Jorprivttey ttlld;. for ~toer\iC)y. Th4J DEA tails to oddreu tho Qlm~ti.,. olftd• that ,..... \lllhon lh1& ~~ Is ilddoc:I lo lhO &PptOXimMl!'ly 1en Miles OI 008Slal blceway lh8t have already been fmposed vpon the publle. The DEA foils 10 Address thO ~I tmd CUIWml ofl'ects 1tW o COl)st;W loal!iOn sh:lb hcWo On tho l\shemlf)n and beect\ goer& WhO presendy enfoy O. ~n1 resoutO& Ooet ..-ery IOcatlon ~ lhft East s.lde OI thf! ISiand Of Kauai r.ave 10 be COf'ICtCMe ~? No., ofld ii is '~ the wonriiott Of lhis IJIOltlCl to do«> fMhftl Since wnan In Hawaii~ IMCl"O concrete on 111(1 b88Cl1 become en en~lly tflondty i1CllYity? I triought II Wl)s pubic pOlicy rn Mtiw:ili to malnttlln SO!TIO nflturahess to tho•e OfffS. Kauai Is !ti. Seciivate KlngOom, not the draw.Ing board for a IUOurben planner tJtim Cdota4o. PrMdl"Ve !ht coastlil\&. The coasdinie can atwO:yt, be paYdd ovet Wet vmetl lhe fi~ and ponOorOf'$ a,. ~ ono ttie ciolll)hone goner.ition "''" w. wf#""" fllfPOnd lO ~ """'"# By virtue ol tl'le blkopa.th and amonillas lflilt the Applic:arn has r~ly p&acod nt Soulfl L ydgalo P3!1c lh0u$Clnd$ of new peoplo tlOve alroac:ty bMtl ln1roduo.G to Che tubjea beeich at'4Nt, The lncrea~ In vtsltcn has already eauMld a Slgnlne&m Mgative M~~ impacl. ptimarlly due to lhe veti!QJiar 8«QS$ whieti tho AppllQ!nt N1 l)f(ln'IOtod. Vohlc:.u~r craffic: on tho bN<:h Ns appt'OJdmalely ll'lpled O'i« 1he pest tevenil years. Thete will be • &iigrlilk:anl mtease in ~ boad1 lndflc should tho ~sli11 t>lkeptitl'I bo built. W. dO not know of any &tutfio$ ~tho thOUSMd$ of MW ptlOplfJ #'lllOduoodt.o the ~ l>NUJ •rea due 'o t111t &x/$t/no o«11 and ~svt.n "6th 10t;ar.</ In tyctgote Pata, nt. biike 10-AJ lllt()-.lNAIU )\~(llt(lt • 11/All(TH 0 110'0 ...,, ~o.>«-ion. KJJ 11.4& !J1<·'' ''·· lro\f"tt•YiDC.t.•lNVI" Q\\ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 9 - Ml Kurt R. BolSl\ar'cl Mey9.2006 P"90 Eight Of Thir\oon "'1fl~PM/I ltlel'~ll'edU#Oflly The~ ~tP'OOSUMr" raave ptOOQlled wllt aciualy f#dUCe ~rfl111fcOl'J ft» ~fas e~h l,ydsl;).lo PM. Th9 DEA lalll llO acldrnt lhl negalWe ~I~~ d • c:ontal ~y.1ncrNSing btf lhousands, lht tlll'Tlbetel ~al'l'ie) wit t1'Ne onnatrwe GfllhflrinQ andfstung h woukl &eem~ lhal 11e 'l'lb'oducOon ofltlOUMOdsOf new~ toltleooes.11Rt me¥1& aets Ash. i.. fmu. Mc. This is~ worritome in llghl ol Oceri"• o::inc.m lhal !he iutoducelS sand wll '°'ll'flCl the reef. HoMIYet. the DEA la;le: k> enelyl!e flese imOeCb. Clt.o'19 !he P.MlnfllptoolJD WfN~ ~ti#>tl'lrJAn II>~ cOn'lmlMtS ~ palfl~IO~.cceNsM~qvaOly. To<Mr.,no~~we...l'9CfJlw#1 from •'Y P«SClfl ~ nogotNcl ~ IO ffslring, Wf l'UVf •rte> WOfk«1 with th<t Ashing CO'M\tll'Wy to #WirJty /JOPf.W 4Shfng IOc.alliMt alot'O the G'09U and wit~ mat• tunn ~ ph•se otlf» P'OlfCt ..-ror ti'shlng ~'od'l$$f ~ Corw:w1tt OVff f/$hitlg inpaa$ Sfl!m from lf'lit peroeptlOf'I !Mt SMd u$«1 fW' dtlM hltrCrrelD'I I/di be .il'l!MllCMp IWlh tile f9fll ~t. s.c.u. Nld ... ~ t'f&toralion llfld "°' • OMdl 1'9storllbotl, *8tWI ~ wW be pl.:.d .W... tho high ~W"'1dwillnot int~ ....tut theJ..,oml'J' n«ifk~. Shoufd .shot'elw!e~D'NI ~' s#'ld til wf/Cie ~by ~lM!S &f rM satM m,ie Ul.W •lltJiiefN 6llnd WOtJ/td fll1d ~ CC¥1Sf'ltutu no ~in m.11alur,//I/ ~$$of~ hn$pOf'J ~II made ;n Irle 0EA 1718111)8llJC)feC.:C8'eaI&1'18b481 IO lhe ~eel motik Mal Th& $OQ 31'e prosonctf ctnrol..-d by 11'111 mi:MWizod ltllt'!lc on Ibo bNcll •nd harasMCS by h g~ l'll.ll!'t>H OI peopi&(lour!S1$ancl IOC'als) ...tiouse the beedl. One OI """lllggfft proti;em IS ltMt grtJWing ~ ol clogs brou;llt 10 the bNdl by lholr ownofl Tho pgnific;;anl ~ ol vehiciet, peopi.. and csogs wf*h wit be btougN ao ll'liS IOcMion I)'/ 1llCh" bbwttty 'Mii ~ heve a algniflcanl negauve efJec:t on 1r.e &Ni's enYlltlM*ll-Shauld be~-~ticn ~ oltilisp«Jj«.t l>ctinootpor'1od'" the Rnalpoth .,.,,.,.., tM teSIOI'..., as/)tld wJI tvood&t'I the bHrA, 19-est_..,,, &fie Jo5t duM .symm. PfOlllbit ~~and oM-wic• UNI ~tiW fr(OfrJl'omonlhe tif;w;Ji, It .,,cu'focriW ~ !Md 1*lirlg co~r Cdlftbo estabfi'sl!ed, &udl ttutt uun c:ome ao ~&Mt~ lt>o ~•YCMbt~~' we ce.oevttUtemon/f....,pq:!C.llaribtl. •rwJ~ t1xt bitd ~tkwts CM be posJtNe/y Impoc:od by tl'le pn'jed. AA l#lslgm!y f~.,,,. have to oe COMll\.Q&O to cirocec&.1lle usefl ot me C..ew.ay tatn errarc .goa ~ TN r.,-q Mt be • liiJllbnl vl&tMI lntnn.ion 'lofllch -Mii if(fvorwty eir.c:i the ~men! cl ll'MI atea. ~ thOse USing N bl;eway, Mownwlr, lhe giwilost tudca wll be b;lrno try lhaN ptaywig~ llnd using lhe bNcn_ St.Id!• fetiee -'II be at\ eyes«e rot both !Ni golfers 'M'll> f"1lt eJ1iOY a s.11#\Nng *""'Of Vie beact\foc:ilYn and OlOSO of us Ullr'!I m. ti.Kt! who onJov Ille maN viow ms pub'i;: P" (iOU!M It tn ~l~llSSl9t. OYet 100,000fOU'ld!SOfgolfareplayeclNteeed\yreat. Tiie nurrbtw al UNrS ol lht ~at is._lgndlcanl CCll'llPill'ICI to lht nurrlb9r d UMtlolthe goll QOUl$O and btach Tho cmt of malintming the mil ol fer1oD In iii• localior! d be ~r*an& di.lo 10 the 5110t10 see bfeezes. Tl'le fence d delericfMe and be 8f'l ll'ICte8Sll'IQ eyffe)le Ind tMf.got<aty liaabili!y for !ht PUCll;. Na. felJCe cptbi l'I used, N leJ'IQt !MM be~ wkll • bid~ .fJ Otdet to rldr.lot Nll/t Vl$Wll ot!ocf orJd ~ I l4Jf Olll'-IA-.11.Q\.,(1a.1f•lll!A•1 'MC Al~" ONi er • .., 110• <D> MiAHe .... °'-DIN .. ' OM Mr. Kun R. Boos$h;al'd fltay9. 2006 PIWJe Nine of Tl'hler\ tte"'4ii SC&ee envit'Ol'll'Nlfltlll poiey OUldelinn are round In HR.S '344-4. ThMe $11*1'*'" requn COt'lsidetetlotl ot populatlotl ute Met lmpeet as a n.;ot tactor WI envltontN!J'lll'll deQr&<IMiotl. ~'* ~MIOtl. ~ piro1ecti0n Of ~uw and visual nai1ura1 rHOuf'Cn. S0.19' f)l'Olecllon of tflOr'Olinff rf'Oif'h etierO&etll'rlOl!t of t!lt\iOclal lnl(llO•etntM ltU end struetl.ft!. ptOrl'IOM pttt!lefVfltlOf\ OI opefl apeces, ano recognlte N tultute OI' UM comniutlity. ~ 011nl1 ~ ~Yon 1N1 tecrJon of~• COMdine" oomr*)' 10 1tiete90* Tiwa P'OJ«I,. ncM e not~ "l\Jgttwe:I" l.1111 • ~lH JMril. ~-Of'I "nOt'I· ,,_,,..,. lllere .-e boa. altGMBINe IOc:9rionf fOt tl'lt ~re or lhe blkeway eiCMf· ~t IO Kuhlo ~-v or tnB~ on the cene rooo Sl,.ICft 1lllno ""°"'° rlO( 1n1ett-. wto'I N ~ or 11e 1~ ot OOll~ uw. eno lt!«lld be more coa:1 e~"'-'°~*'"'..,....tall\. The C8n9' 1090 hu P"ffCJY oo.t\ ·~ by --County and WOUid °""' • _.,. •nd et\IOY&* P9&:N08 hit)' from in. ~hW11y, Lin:tie OI no furlhier ~al motlllOfWIQ woutcl Cit' reqwff!J The '8vll'IQ'S ~by M.1(1'1atMIOna1~COi.AdbeVMCI10 UWilOt 8MOCl9!ed ......... Tiie NJplic.nt ~ ~IGO • ,._veot141\IOt'I projed •I the MIOjoQ loctOon, FEMA peld elmo.:t $200.000 00 low.tl9 ~ ptOjOC:t II (IOl)Ml"$1"31 A,j)CJl~ .. l)!Ojeel ~ tM,My theiM --~llflO pk41flnng# will be r.,,tMIMJ ~ ~ rn.1 ti,. not ~wf/t l>e r'tflllW#l Wlflt ~ --Thef'9 dOn not <IOPt".flf 10 tie IU!!\deM Nncts 10 build ltll9 MCtlon ot t:ftt; blk$W .. y How muc;h money 19 llV"'3b61 tor m tee:tion? ~ eqc:lly w(Q me IUncb. cornt 1'°"' to CQ!l'Clltc• lh• ~ Wot,.ll(Jn'l I.he ~lllQ ~ bt t)eottet UffCI bl.llldi"9 ;:it o l05S ~ b;4t!lori? AdditiOfl(t!/ llJltd• woold be tW•""4 to COlf$ll'UC't *')" ol thfl pMJt Mli'go'lmeont" ~~ ~ lhlough tile fJOll oovrs•. A tK>'f!fltilll ~ ~ WQtJld l>e ffttflfpqft/tfJon Enhlh'lclM'lftlf tilnd't. $,_,Id tl'le Coi.lnry p.nue • conllll1 llllgnmll'll, itig<lllQn 10 PWt!Oflt contWCtlon WOl.llO hk•ly bt tnhliflocl Sud! lDgatlon 'M>IAd (:lllJM IM (;ol.mly 10 ll'ICU' expenu and c;loilifl-. Th9 Councy WOtJld 1«411)' lose such l4911bi0n. Thcl ulor lllrOOt'OaCh WO!Jld bet '° ICl(;O(lt • IHI ~ <lnlgn and _,.., I tlke 1""9 with lti.t follorMng CIQlll'Whlll'lll bind -. th9 Or.th Envi19nmontll Aualll"*" On p;igo a. II '9 11D!Od lhal 111e cortlflod shorollno • ~lly ~ Ole .,.gouioon llne boglns. AlthoUQI\ the ~ a9 IO tlQW' 11nc1 'M'lort IO certify the lhortline i. prnenl>t' ti.iog OOO.i.d In ttM Knw.ail Courll.. no patty if 1"'1c:ing the poMiot1 lttat the ~ llnct dofln,of lhie ll:lcation A revlow elf St.ICh lillQatlOrl should bt conoucCed by tho ,l\ppllcanL SllJIO Pub!lg Ac.ply &nor!!l!!!t Hi!wajl y &pn:i pl' Land Ind K.11l!@4 8059tJrS1el pl ti. I• ti. Appliqlnl cl~'"*'g lhllll 11 QWI niloclllio the conil'iocS •hotofne by coratnJQing dunH7 What Is me 1'9ally niqulfed solbad; tor the struQl.We from Iha cer11flod shoreline? smtr from tM DLNR Of1ici6o ol Coastal tMld Ccin~ IMld$ wilt bo 1t$k.od ~ •• ,.,... ""'iO~ In.boll' klc.or.!Mo/ht shonlNne a:insistont With ..,..,. policy. 11'-'J llOKINAl'lllOw< l 11 •llllAllJll~(O ltOIUJ' JO~f.4ft.00.. .. l01 •I l 6-&6 li'OftfxJ ..,111u•v.N.rir~1v11 <OM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 10 - Ml' Kun R.. Bo6slMlrd May9,2008 P;igo Ten ol Thlttoon On page 30, Mr. UeunlOn of tho Oepartmonl DI Monlth ~In ho is ~,_ lhllt wn!or fkM& lrom ~ oralnigil W1f'f JOUtn Of Vie ~ Hoe• It iJ lf'\llt lt\ilt WICtl LU.... PlaMNbn doHCI ltS ~. wacet f'81'ely ll0"4 IO lhfl OCll*\ OYef !hit~ way. Howevef.10lk>wlng h heoVy,.... cl 12.io. •nd 1/06, ~ Rowed tl\n)ugl'l U'lil cn.1'1198 WrJ 10 the OOOOl'I Suell so... "1ol,l6d nol bo inipodod._ The ()Oil Of llW 51rucwre ls not notod on ltlo flllmiitect COii Anlllysis on .... ,,. There 1s no ll'lllll'lllOn ro irrpodft wtltw-low Ill rrny poilttt on tfU ~ The proposed blkM llN1 pPlioJ!l'Mln bnd9f ftl'UQI~ Jf dl1s~w;.-.od kl rn. dnWI EA. $iiO RHch MlW -Kauai 8Hct't V.&t.1• (l<fJV>, ~' .)3..36. E~••OI ~ COf'lstM;tiOrt()IXIU kJf~ Md ~it bridoe C¥iflial'IS .eptovfdedlt!Uledrll'I EA. J 2E~~AltM'IM .. ~,,,I (CoaWI/ P/jfh), ~ 13) On pege 43. • '*'°'° 01.,. Pf1)90IMd pWi I& atlOWl'l ll'OtlllnQ .,,. golf QCllAe «Mng range lenct The App1icM11 19 ...,... V\81 lhe ocean hail reeehed N cl!Mng tlll'IQlll fence lltld al IS'ltet ~ all Mild and ~lll!lon from • poRiOn of IN! w.• Ono 9UCh a'1$'11 tcJdl l)lecJO tolk>wlng Iha illt~liorl of lt)CI 6t>ofo ~ mblO ~ 1994 ~ G\'Of'll ""'"' no1 Moim tWliltod It the driving IClll'IQlt 1enc. goi'IO to c.. ~ kllln!J? We •• propos;no tMt !ho sbotter, ciWI\ Ira lance be lnOYad maukli ., algrvnanl Wiii\ ht i.aw ""'"' ....... liOwlaf? R.tJW ro pltwiot.Js MMW'ff'. It IOlwY lhit dnYlng nll'lll" bot f'OIOc:.fl«I? Rtf«ro~~ If not how wtl tl1" MldelY of the l*l9la uslrlg tho beKfl be ~od? It lhOlllcJ C.. notocl Chat t!Ws large. ~lly attuaurtt was built #llllOA • Pf"l'lll 11\ the i090t. \'fhtn U."""" brougr1t 10itie aaentlon CC IN! eoutvy ~Deparrnent. IMl~ ~tipped h Ccurny en ·ait.r tlw fad' lrinof SMA permt. Bec;.uso ol the aignlfarC visual dogtDduCan fMt •lrudllro ~·real $MA, r....itw lhoWcl b4I r!lqllltod llltlf~ IS to bt mcMIO I~ luctl • M'llew ""°'*' !Nd SO tile ren'IOV'e1 of !!Mi ~ Rofer to prO"tkxw .,,.,,...., Dl'l l)tJOe; t72. §8.t. II ls"""*' M tne ptOl)OMCI pain ii ncM expected IO resull In •nc.n1 ~ socw. tcCll'IOmie, a.dturlf er &rlYitoc\n'IMlal ~ &lould Ile pr(ljlt!d bO IOCflled on 1ho ~ I cf"'9W ~ G ~ii. a nonmotori~ocl higlMW irmledilltoly llldjaconl to U. -· WhOf ls (XCpCM.ld is o nottwmolOrized potn. ampftuit" on ·non"""'°'11ed* Si.dt• lll'UCllut9 ~ allOW~I• ~ lltld ~ 110 lht'a!'M ~ ri ~I numl>er cc people, 1nC1.1cfinO ltlOusandJ °' IOU'i$IS 1t11roducil'IQ ltlOusandif. °' klUflstl rnio 11* remo1e area wil MW " sigllillcanl ~ imped on llil llrOa. An unilgl'llly fence lll'ld elevmacl alnldure rron11ng lhD golf CQUrH WOl*I destro'j llw ~ alld ambillllt9. The prlnwy t:Mlff of d!A'le lo.tJ 't..ltf Ow CIMU • lll:,11 flTti 0 10 lOI~ >A (Oil• IOI..... o Ml .. ue.y,tJc.fJIN\ .. M Mr. Kt.llt R. 8o$$ka«I May9,2006 Page e1IMtn ot fl'rineet1 devasl&llM during !his period Ms been ll'Mt Increased vel'llcl*lr lllllflc.. 'The Apollcllnl hes done noc'*'g IO ptOtect ltle dl.WlesNe,,etabon In lnis ansa. &iertding 1ne: blkewa'y elang lhe beach -111 r9$Ull in ~r aigMIC<llnl incrirm. In beach votilcle ir.ffic and r9$Ultolnt ~no doMru;tlon ir 1"9 AW!"=-M wtts. conoemod nboul dunes and ~lion. the Appic:llnt wouflCI Mve •lroOdr doMd me beaCn '° vehleulat trdic. The PiNfl PIOiect Cilll aulst Kt rile •Jfon IV proiecr dunN from ~..,. tnlfflc and lhe ~.vig dNf:ll'IOO Q G~ #1 iY<fr»lt Plwt. SMloe Ille~ has made ~dona 9\ !he past Chat ~lar 1n1fftc woulcteoo!lnoe, II -111 be difficult POlillc:ally '° dose Ole beach. It woolc:I be a toUlf waste or fl"IOl'ley to tto'1ta!AI and ~e lhe clur!t$ and Chen allow ~ v.h!Gt.Mr tr.itric on thiom The Applic;anl ll89dt IO dolltt>t statt whflthet It lncondt en doNlg tlllO be.ch io vetlleullt 1rtrllie. The vet~ be«h tnJffic 1:ss:oe is not cotNOd b)I the EA Tho!• $hould 17)' • in(l1rog 1n1111 QQnstrvc:CIOn (If lho eoasltll nM• or lhlt bdlow;iy would ., ....... tiQMieanl negabve ~ on the coaslal etwitOnmel'll auc:h thM a lull ttl\'lteinmenlal lmP3C1 staWIW!nt ts required. Thi$ finding Is magnllleo in llgtlt cl lhe CU'l'IU181lve enec1s ol priof approvals of other pot\lotl6 cl Ille blkewll)' along Kauai's ~ 5horeliM. Sll<'h 1t ~ /$ tr.. purview of rhe Srote Off~ of Ef'lwomnontaf O!Mliry CMlf'OI' .. mi$ commctf'lf t. llOt dif9cted er m& ~. To clanty aom. ponerel lrtlotmarlon.. ~ flil~t bHfl HWQI ~· for)'Oll '° partlclpat• 1r1 rhf p1Ntnil'l9 of this prr:;ifd, and to d4:o: Wet llavt no rocotrJ cl your MtPuf. As )'Qll hfvet no1 ta'"'n edVfJlttltge Of me-st oppol1utlltiff. we have ~~ hx you *' CM!t\'iew ol the pltNtninQ ptOCn$ to date. PvlJilk Mofttlnfl an. WnJ h9'd on .Alrlo n. 2005. 1ho f'Cl'POllO ol thl• mHCln9 ~•to Jntonn u.. public"' the (Jl'(Jj«l ~$$ SdlodtM /Md 5')/it;it public ~ for u,. pt'Ojltt:A. Tho Cott.J411\'arit Team PIMfttlfed a pno,o rorx Of UM! ptoftcl Bt'M out did not pl'(Mde any IJOlenbll/ pam aNg.rtmeflt all'wn.otiwt$ a1 tills mereWig. OVMg the ~-maps of rhe PfOiec1 ama wef9 disrntMfd atOlJl'td tl'ltt room -and Uw ~ Wll" JrM.tod to m;Jtl on rn. mci9$ ;myitfJfl'l.S th;,t lhey~ (~ os welt 4>$ p«entlat pMfl dg¥1mtnr$. Tht public Ill rlli'I mHrirlO ldttltirJft/ no tHtfll tigllrntnr opriOtt.J mauM d l<ullio Highwtty. A mrHbilo lqf flfJld'" the Waifuo Goll ~ and W.J$ orpaniied lo d9al wAfl 1$$1MS motTJ $1J«,ifrc 10 ,,.,. go// ~•i ~vcir. oiny PQl1ion of U'Jt prr;ioel ~ oould b'1 ~ Tht1 CMsu,1.tVJo Tnm p1esentea me lll.litrinp COl'Jd.i:iOns 01 u. gd/ COUl"st a$;, ~ft~ to • fJONlflrilJI Pitlfl end &n~r p&ftl ~ sftematMt$ through the golf OOUtSe wete fJl'8$8flted eM dJ'~ln detail.~ me~ one ptJrson ~up tfle poss;bllltyof e P'Jt/t aignmonl ott.mm.Nq #llW woc.ild Cit m""11r• d Kuhlo Hlghw;ry. 1119 Cotl3ufl'oint Tum -rJrNd eo $1.lldy mr, opfW:M\ Priot' IO At* Meeting Two, lhO Ccwts!A:M1t Team $tudlltd 1r-. vatiou6 path ~t ~Nu that Wfl'I! ~Jn Public "-e!ing Ont find rhfp Golf ColNW AiC4e Mffn·ng for f~hl$i'b.Wfy, 11111 w.u ltCOOmplishOd by wl)frling Heh atipnmcrnr •~amafi\l'f, pholo doQ.amlMt.it.:ion, Md~ rih l(J«ifl!C ptnOnS MM «>itld (ifOvkNJ ltddlliotMf NlfOl'mariM teflNddtg tt ~t'ie Joeo1Joti ot Issue. Fortt~, a tetn~ ftonl ttie Kauai Offlce of H;rwlfltan A/fain wn Mked to fltfJel I~, •RO~tNAR~ W S: ll•I t.AfltlM 0.lfOIO IOl-.<16"-oo.tto COfJ • lO) 64611101 iLO MllllUt.MPG ll'<N(ll(Olo\ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 11 - Mt. Kun R. 8o&thard May9. 200$ Pjll)O TwvlWI Of TiittHn w:ilhme>mben Ol U. ~r Tffm to disctlu ptQIX>Md pl.It/I allgnm4tllt ~ tllal NY ~ norMt °'m.,f str.s. and it Jhts. impocU COUid bit rnlt;g!JJ,td lO ollow for • pmr.. Th11 mntklg mNKJtu flMI all ol tJleSe nlHflnps are plovidod &t me Dntfl ~Ill AUe.tSMMf """""'' tri illddtll(w), rhft eonuram Team compl'e1'fd a SWCf:Ul'AI Repo11toteXlatklg6fl'UCftlltt • ~ sr .. rwRepon lwthft Sl!Ol"OMJ • ., ~.,, ~1sRtlpoa. •nd<11 PtWJmJtittf'/ Geolerc:IWcel ~ SWdytomake sure thaJ the plflh~ COUid be "'1~ (OI not oonstl\let~ AloltheW ropons.,.. induc#d (nu. Oran~., A~r doc:umotU. Finitfy, mt C.CWUu1LW1t T~musfid ~mop lnfOrnWion Nd #1 the locatton of po4etltlel pat/I ~ICH'la for fl! ol tM ~t al'hlmcttM8 to oetemliortt if ftHt ~ ""1ld mHt AD-A~. nt. IQUllJ for V. ~~of tll9 pl'Clf9t:.t w"s /n$1'1lr.d 11t PWi: Mformlitlon MIJ'O(infl TWo on August 22. 2005, M vrhi(h tirnt 11111>$1h ~r 4/UlmtltMIS Wilie (W:tef'lttl(/ MthOul OuU"' tri ol knpottlWICe. A ~ arNgnmetlr IN~IJ ol Kuhto Hlqllway W.tJ lrlcAld&d As wj"1 tlie Pl.l'Oic NJtonMtJon MHtJltO One. maps of UM ptOjett .a;ea wen di~ flxet!Pf mattNstJmtthey~lti.•'fMMtJ~~lorl!Ntt»#I ~""9~ IO mllrlt 0t1t0 II» iitfP$ ~ fh.W tl'IOy ~.sited SUdl as l'lfrOCtl"lo'rtrOl'ld.triOrt.s/ol ~' c:l'Jar'lge• f!tfld MyotMr lnfotm&rlcwt Jhttydffm«/ Wry>otr.anr. No commeni. ~a patll ~I'll fNVkO of KubioHghw)Jy ~ kiofltif/fxJ M ..-1yoftt»m..pa OvMg thct CIW$fion and Ans...,.-portion of tho tnOllC'Nlp. nof on4t P«$Oll ~td • peth ~ m.tu.luto/ KufWHigtlw:ty. F'lndty, '"' l.lnOffido/ ~ \Oto of thft pub6c -s hoid in onJet to ~ " .sona ol which l'<)tll ~ al!MlatiW.s wet&~ and UM! extem Of ltlllt auppott. TM tNtdts 1Wt$.. ,,,,.,,.. ,..., .. ....... ....... The CMs111fttt1r Tetim'S study Of JM~ l'nlllui\a Of Kuhl& Hi(Jnway to41.df6d NJ u. /ollowmg -The h(ghwaywotlki med» be~ M'iee /1'1 Ol'dllt" ro ~re a COf'lfl~ path~ AfllJllJtrl Point Md l.~ ~ Alilt<ldil crouw.-, ~ Kuhio~y l'l'Qldl;j' ~~fe for u.sent llhtlmot.OriSt4 atlO' rfr(l'uCa tf.mc now WhMeV$1" ~ 41'1d ~and l)edeSrri*lS ow.t tile "'"" Pi!VM'llMf, '°'*fs w. • tNUy. wven d ~ ..-. -. lmtalled, M/rN)l()t;I( ~.,.•Wirt more dltngifrQll$.. ForsMff)' "'"'°" oton., Ulilt Cot1'u.'Wlf THm wit nQf ~ er-gnd& Cf'OS.U!g Ovef Kuhlo HtQtrwsy Wt ~r ft> accommodate tiie A/WJfdn/ Poinr ft> L~• P•rlt lW:• Rfld P«l'Nlrinn Paut pro/«( tn .Wmmtt)", ~ U)f .nnr. pllif'lfltttg ptOON.S, OQly °'* penotl ~ ln!Mnf kt • ~ ~~ oPllM mavk• Of Ku11io HigliwtJy and S#M'Jrol ponons oxpt'ff$td flMofuppo.1 fOt ony ~nf arooo rn. hJQbWIJ'1. ~$ °" wfllclt aldlt tmtr" was to be fOUle<t. SMot tM pst/I ~nr tJplioti f!MI~ ol l<IJtlio Hlgtlw;Jy rflClOlvood no~~ IN?d WOilld CJM:o an ldll'IOCeu.tr)' itd"f)' IOI' CiritMS Md the Cowlty, it wN dlop(M/ l'l'l:vn ltl& i&t 0( (IOtMIJlti to.J•JfOkfkl>-:r...•<t•(tt• ltl.aUTHCO illl 7 11:'' 6.t :'M' 10 ••OJ .16-fl'OI OX,l ~llllO',o,tiC.DlflVI• COM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA -12- Page 13 of 13, letter response from Merle Grimes to Kurt Bosshard dated May 9, 2009. This is an unsigned file copy that is assumed to be same as the original signed letter. -13-KURT R. BOSSHARD ATTORNEY A.T LAW 3144 EL.UA STREET LIHUE, HAWAII 915766 Tu.E11Ho"'1: eoe-2.:5.5302 FAX BOB·24!k8929 January 9, 2006 Department of Public Works 4444 Rice street Lihue, HI 96766 Attn: Douglas Haigh RE: Ahukini to Lydgate Park Bicycle/Pedestrian Path (HR!:" 3 4 3 DEA) Dear. Mr.Haigh: . Further to your testimony of January 5, 2006 and the DEA, I am asking that _the Applicant and Mr. Grimes state with specificitv why an alternat1v• route mauka of Kuhio Highway was not considered in the draft DEA. In thes, regards, please identify the individuals who participated in this decision, all data which was relied upon, when t~e cor:1versat1on~ ~r correspondence were exchanged, and upon t·.1hose d~rect10~ or oec1s1on such omission was based. Please provide me with copies o! such correspondence and data. Thank yo~ for your attention to this matter. KB:rsnh cc: OEQC Merle Grimes Jeffrey Walters -DLNR Peter Young -DLNR Sam Lemme• -DLNR Sara Simmons-Fife (email) Sincerely, ~ Kurt Bosshard Members of the Kauai County Council Caren Diamond (email) Judy Dalton (email) Mimi Olr) (email) David Schofield (email) Jayne Letors (email) Ed Okamoto -Wailua Golf course March 28, 2006 Mr. Kurt R. Bosshard Attorney at Law 3144 Elua Street Lihue, HI 96766 Re: Response to Comment Letter dated January 9, 2006, for the Ahukini to Lydgate Park Bicycle/Pedestrian Path -Draft Environmental Assessment (DEA) dated NC'llember 22, 2005 Dear Mr. Bosshard: In regard to your comment letter dated January 9, 2006 concerning the Ahukini to Lydgate Park Bicycle and Pedestrian Path project we have the following response. Thank you so much for your time in reviewing the Draft Environmental Assessment for the above mentioned path project, and submitting your comments regardir'fi/ same. With this correspondence. we would like to respond to each of your issues and concerns as listed. Please find your comments in regular type and font, and the response to each in italics. Path alignment alternatives were determined through a process, which included three public meetir'fJS/Workshcps (one specific for the Wailua Golf Course reach and two for the entire project area) and meetings with stakeholders such as the Wailua Golf Course management, regulatory agencies and landoNners. The Draft Environmental Assessment includes meetir'fi/ minutes for each of these meetings At this time, there 1s no preferred path alignment The County of Kauai will make the final determination for best alignment alternative once the public comment period is concluded and all of the issues have been 1dentif1ed. Further to your testimony of January 5, 2006 and the DEA, I am asking that the Applicari and Mr. Grimes state with ~ why an alternative route mauka of Kuhio Highway was not considered in the draft DEA. In these regards, please identify the individuals who participated in ths decision, all data which was relied upon, when the conversations or correspondence were exchanged, and upon whose direction or decision such om1ss1on was based. Please provide me with copies of such correspondence and data. Path alignment alternatives were determined through a process, which included three public meetingslworkshops (one specific for the Wailua Golf Course reach and two for the entire prqect area) and meetings wdh stakeholders such as the Wailua Golf Course management. regulatory agencies and landowners. The Draft Env1ionmental Assessment includes meelir'fi/ minutes for each of these meetings. Public Meeting One was held on June 22, 2005. The purpose of this meeting was to inform the public of the project process schedule and solicit public input for the project. The Consultant Team presented a photo tour of the project area but did not provide any potential path alignment alternatives at this meelirfJ. During the meeting, maps of the project area were distnbuted around the room and the public was invited to mark on the maps any items that they deemed important as well as potential path alignments. No path alignment options mauka of Kuhio Highway were identified by the public at this meeting. JO'IZ~~tinl .. •sk..~«>.ifJ!Jl .,.....,._(o/'!•3C8·""6·illrl(~I ...........,...~. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 14- Mr. Kuti R. Bios$h:lrd MatO• 28. 2006 P898 Two or Tlvff A ~ wu held ar I/NI wa.tlua GoH CotMW and was Olf/Mlad JO fllttal wih i'nuea: monJ ~ toU..IJOlfc:ol#W: howovvf. IJl))'poltlOfl olrtwtJll'Oj«:t 11/N C04AIO. ~. Tho Con$('fl'ing TOMI tnUnr.cf thO txi#t'lg OOtlO'irklns o/fht gQ/( COUfSO fl it t'fiatG1 to II pof'llntilt/ path Md~ pat11 di9Nnrtnt lll'i'Ml'1tttives ~rile golf COUl'ae "'• pHWltod Md discu$$ed tt derair. DuMg tlie ~.vorlfshop one fJfJ1S01t brougllt vp tM posslblltty ol a f>lltlt ~nt Bl'temiMIVe dNlt W04Jld b$ rm1vka of KUhio Hlflhway Tile Condatlll Team afi""d to $1Udy thit OJ)tl1on, Prior IO Pt1* Meeting TWo. the Consu.tNM T&am 8ludiedtM vttrrlous paftl a.ll'gnme.M ~ that wwe ldenti6ed tn PvbNc Ueetklg ()ire tl(ld ~ Golt Course PiJbNc MHting for ~ry. This wai ~ Oy wnlki?o oifdl a.ligl'l!Tl$nl •"9mui'Nf', pho4o ~tatkln. IWld fniNll'nc1s with .$Pfd'ic ~ wt1o C(lc.lld ~ ttddi'tkJMI ~ f09Mdi'"9 • ~ b:Mion or l&!Jue. FOi ex.wtip.le. e ntpfflSM.!MiVe ftcm lM KJruel a.me. of ~wtWart Afllth was as>.«I Jo meeJ Wftlt memoera olthe Consurrarw Tttem '° dJ$ct.lssproposed potlt ~t ~rf.fes tf.llN may ~!NIM OUrlaJ $ltes. •nd ;t ttNls.t "'7plct$ could tw mitigll'led to albw for a patfl. 1he mHting "'''"''°' f10rn Oii (If tn.H moorings •r• plOVidod 11t ftio ~ft ~ithl 11$$Nsmonf ">C.-W In 4Nfdii'ion. thct Conwlranr T.am C/Olt1PMl#1d a StnicttNa• Repolt fore~ wucr~. • ~ $l#IV$ ~for the $horoNne, 41n ~ Concfl'rions RfPQtt fW1d G Prtlin'tinttryGoo«lc'MiC.tf ~ Shldytomf,lte ~#llN U,. poth ~ COUid be C'OtlstNCted (or not~. All ol UHtSitt te()Ms Me lndtJded lrl the Dfon ~nrai As$ossmtMt ~nt. FIMNy. the ConWl'ant THm uHd l~ map klformao11on old In UHJ '°'4rion ol potenti-' pMh ~for 1111 oltllo arignmenl' aktmittr'vu ;o ~it mt>om/U .;:oufd ~ ADA 9uidoMcts. r1te f'8MJb '°' the Sllldy phase of the project was presented In Public JniomlatlOll Meeril'IQ TWo on Avgtnt 22. 2005. al wtiCh wn. all path ~t a.lltmal'Nn W9f9 pnnMlfld .t"ltlOUC or.. or mn.I( ol #!7portAnc::o. A p#th •~t mdo of Kuhlo 1-Ngtwmy wa1 lnckKJed. As w/UI mo PtJbNc trifofma6ott Meetln{} One, maps of the /Jlfl/t!lc1 area W9l'8 di3tri0wecl. except that rftls MMt tlieylnduded tM ai'l'omlNl've abgtltfoents lor tM ,,.iti. t~ ftf9 ~ to marl.: CIM I~ m.>ps ;wytlling tfl;Jt l/l9f d'1slnxl such ~s ~s ff>< al(gnrnont C~tttltd .o,,yOth$l'il'lf'Oml!MIQn thOy ~~!Mt. N<)~lt$ ~-(>$flt a6gnmef'lt mauti-.e Cl KJJll;o HiQhwlty wete KM,,riWff M Mtf ot tM ltltJPS. "'1ring m. q"8stk1n and An$ww (JOlflon ol U.. mtret.iJg, not Qn>f /WW) ll.IPPOrl4ld. pad! #tigmJMnf ~. of Kctflio Higfnr.ty, Mnelly, ati utKJl!icJat straw vote of tile ptibHc w•a hekJ lit «der to (J')t e &el't.M ol Whkfl PMf• afipnme.nl alto~ W9f9 ~od and tfle Wlfflt ol that $fJPPOfl. The re.stA.s went CO.Std !'$th Ody TunMIOption AJ/ lllg/lway °"""" M.iiult.tOPlion 100 lltO~(N Alllt ,11(1R{ • (ll1Ailll! 111)1 JOJ-6A6-1.X.l.t!o ,.. K) <16.-lh II Hx> MIAll&¥.f'l(,n{N·.ftR (OM Mt. Kun R. 8oUl\6ttl Marth 28. 2006 P119et Throo of Throe Tho highway would l*1d to Oct C/0$.$Gd tw:ico In onJtJr to comp/Oto a continUOV$ Pf'lh botlYO'M JthukJnl Po#lt 8l>d t.~ate Partc. Ar~ ~waiboverKuhio Highway WOUid b&<Nl$4.!e for 1'$91'$ tffld motorists 9nd ~,,.me now. Wbtfl•l<t!I' ~ (Jnc/ ~ """'pedq.st!Mns Crot$ r,,. $arnct po~. COii~ ..,. •• re$1ily, fVM ii CIOUWtlf* Sigfll'N$ ""' lristNMd Mid-bloeA ~ we evM mored~ For s.aletyf84"00 afonrlJ. ~ Comutrant fMm will nol ttndOrw .i9ado cro.ssmg ovw-Kutiio Highway in Otdot-to oocommod4'fo mo Ahuldnl Pohit to t.ydpale para, BffclJ and Pedes1JfM P/Jlh proJecl. m simim.tl)', dlxlh{/ mo Mrir• p/Mlning Pf(>CttU, only one pfK$011 &1.Pft$$0d int~o.tt m a pN/1 ~r option mau1<11 of Kuhlo MQt1way Md sever.t Pflt50M ·~~tor tJflY ~t aloflg tho hf9hw•Y· rog.a,Cffo$, on llrliich sidt tllot II wu to oo lot:4atod. Sinco u. fJIJth a.ligf'tmOflt option metdl'a ol Kutlio Higtlway ~ no puoNc wPPOtt and WOtJkJ ct'IN>le an ~BIY /i.itOitity for otf.rtflS #nfJ tM Coumy. • WM" droppod frOm U.. liir o/ f'0'91J(J';W ~imttlt .tlremlN!Ves. Tl» ANgMletV IOCMed •'°"9 flle mltklili aide ot KuNO Hiflhwtty was itJcludod ~ 11 aoes nor ktc4Jde tJny at1)flMI$ croaswltll<• tYfl'ef' the /llt;}hway. t 1tOJ>tJ uw tN.s cwcwlclw ot me projeet PfOC6" gives you the ratl«lal of Why a pam a~.IMf elf~ lnlMlko ol Kuhlo Highway WIS not indudoO fn UHi CW." En~;al Ai#.ssment. rn concruaton. ~ ol 1111 COi~ •• induded '" u. DOdy of tfle rx.tt Enwoomental As$9$$mol'.lt '°'your~ 10<1? llt('llc1N AAllOW {.Jlttli • (0/All rH (0 !1Cl1D1 )OJ t-111. 00-Ch tor• IOl,..il 1101 (JX:) M[lltl•'\DGC'l(NVill COM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 15 - l>IATE Of IL\ \\,\II 0..--P\aT\U ... ,rOJ-' L\''"DASD ,.\1'.ll.\LRE'SOlaCO lalMIOI)' l I. Z006 \J.otlc D. Cirutti Mule o c.n....._ LlC 10<2 An>~co '"'-Cude tlll.lbttb. Color.a.lo 80107 l>t• \Ir Onmo< •fATt HISIOIJC NESDI\ ATD' Of'\ISKI\ ... U~L4110ll..E'A&0. lllOQ.\a , •• Urca.t.l.Ho\W.A.11 .. lll" lfktork 1•~11do:" R~dirw-L>nll EA Ahuklnl to Lr•lico•~ ""*'•rl•nllllko l .. th Ullo• llilUi<~ hlAnd ol" Kamt·I --· -·-·-·----··--~~·~ ·--·--LOO i'>"O: ~.0149 DOC XO 0601:S~l.J1 \rdacoloc> T\llU: !Ji J.m;,oo., (It; J-91.@; J~-412; .'-M-41.l: ;l-09..00. 02 O~. fl6 S«"on ll 1'..an<y l>k.\lohon u ''-'pan of OLNll. Swc H«ronc l'mcn•-°''"'"" ......... O>ulM) of K ..... \bnba v ... k Ill< BtlUICh a...r"' Ill< '""'rpttlX"• °''-of S'"'" Patb. "ludo b 11.ho port ol 01...'<'R. ?. s..c.-:U; M.m} R<quolmm r> 1hc Oi.....-1« fot Ibo ic.ial lf«•O<lC".al Socilt) Thero ii 00 \U.:h 1hin1•'1 KmuJ IUWCfic f'ft_~3t1on otrtCCt.1-W..lf'\tr. 1.hne l.s iht te.ul1 lhqonc l'Tr«n ••-R<• ,.,. C011•.m..-"-~ docs m;.,.. 1i.c.c I) i><1 of ~IJ "'1d th<-) .,. llftdtt Ibo Coa"')' of Kmai l'bmll"J 0.pan"""'I } Alltnl••''e I 1 Cc:wt1l P'.:ar.hl rn-uous.i> ldctrufitd hmooc NtC"l o:m..,. 1h1' aJ•uniM1'e r.1c..,., ilft~UM1\'C mfOl'mlliooft C'Olf&d be Pf'O'ided. Thi~ alt.cmidl\it 'it.G.Jkt requ1tt an -~ '"'"IRCQ wncy plan. k><ms. -i ""') r<qnme --h«.to""' tlw pot<Ct•i•l ••i>u for wi....rr-,,.,,..,..,. O<pcNb ranJ ...,._ bunol• "'1~ ,.,.,. Ripn· Ot-W•> lROW) o.,_.,,.,. oa lh< (...t111g1. r.nh<r ""7hacologoclll '""'~ IN) bc Mftitttd Ir htianli.)G tcm1ilt\ ~ found '*"""• lbc e<.mJrir. ~---m plx.c nu) ht '"" tt<OOOm<od opl-Al1cm•m-.: 2 tK;ol"'lc/Kablo thslt"-->l """-.publcop1lcn Al..,_,,~ J 10.'<'.18 8•) Pbol.Uon -UPI'" C-H;wJ Roodl " 1tw be" _.., \Ince '' •'4>odt """' or'"" htsronc: prorm-. ~h. Mt•tlri Otlt11C\ l°Jl ... M .l 6 I hm1m11.uht 1•aU11.1rtJ 1'1 hl~tt I• 11 hh1ti. hr Jho 11111.l our ,\r~h lte1,.tuh1I fl11mtih w~ll nt1e{I to t111 hl\fll\'r1I 111 UH11~witlli I.Ill)' WCllk dft 1M1 h1hll~· 't11IJ-1\hem111ht1 WilllU!I f1t!ll ,~,111r11" 'I 11m11~1 wotild dhi!t!ll)' 11111lMl tt lrnowo lll1w1•ll1H1 t)11rl1ll ~tm1ml. In_, Kt111ol/Nlll11111 hlflntJ lh1rt1'I < ·,"•'"'" 't\'Ouhl occ1I 10 I~ t.:llll\lillttl ull 111111 *«11011 fll 1h" IJIHj••\.I We 1111,11•1..11111 llW Crnllll)' ,~r t<"u"\ l1'1hllf w.,,~ .. 111111.:t\ II ph,\C11U111mt Ir thl-tihcrnruh~ '' '1lu1JCJn, Ir"" 11i::tcu1 h 1tced~tl O\J1t.1u lht \Vfllhm 0111( ('mo~41. ,,., ~oulJ •Ul4te!~I lho 11.U ur n11 011 ICIP or lhfl r11rren1 JOll tm1111c lilld th1.111 lho 111efoh wnnrl I~ rll'\:f4! m1 u"J11 und I Ill pl111cttJ u11 tlld 1ld@• 10 blc!Oll 11 l11M Ill" gnH «nw ''' 11ml l'co I. Thlt \~ll)I. llulo tll1il11g w~~1ht hv ".-. .. 1le-1I llt lllo od.il1111I ll11111 •U1fit~t. I( 1Ht11tl111t1 fot;th1M• (w 1h11 h!m1l'll 1.1muw1 l:i. tnollled. 1111.m lU(l11i<oh1til~11l l\1•4l11• "'1uhl ha 1cl1ulrtll In onklr 10 dr1i•1111lno It t·t.111,'c11uullo11• 1if hu11111• 1111\\ !n 1hl• lormi1111 Vo1w 11101;uw1I 111ltll(othlh 1' lhLIH1tuh1Kl~111 111o\.11th11t\11c ~v l\ll!hC'u 1111k11,1\\<11 11lwull1111111 w~ llllf~l1 "hh 1hl111 1111tl41ulnu, \n 111~l111~(1lolflU11I 1110111!\)tht. 1•l11n I• f\'fllllU'tl to hf ~uhn1l1t~I 10 11111 "'"'"~ f(lfl •~''"\'-111111 ''l'l'l"C"'11I 11 l1111ddhio11, 1411 l1t1t'tp1"uilh·t1 n111h1tl11I w1111t.I 11N•d 10 ha rtt,hiwed hy I H NH·Nlll'I>. II yoil h11\e11111)' 111ou0011• 1,1ttt'-t l'ltll N!llll)' 1\h1M~hnn "' 1.a2.1oi' NMUtu t 01 noun' 11,loh, ~1111111)' ol' l<nuril, l\uhth.o \VLHh FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 16 - MERLE D. GRIMES. llC Ms. Melanfe Cl'llncn, AdrlWll11tn110t S&<ICoo Hlslortc Pr$$0A'ation Olvlalon swe " Hawaii. DI.HR 601 Kamokllo Boulovit'rd, Room W K.eporei. Hawaii 96707 Matd'l 28. 2006 S\lb).c:t. ~ to Comnont L•llor 4or.od J.il~ry 31. 2ooe for tho MukSnl lo LyOo;;ii. Park 8icyde1Pedes1Nn Pa1h -Otall Envltcnmetul AMesamenl (0£1\) daled Now!mbe1 22, 2005 Dear Mt... ctwlen" 7'Mt1t )'Ol.l IO 1tk1Ct1 fOr 'fOUI' bhie it /'8'1"#owinig U'J8 Dr8ft EnvirOl'tmenl/111 AS~lt IOI fht "~ mtMtionod"""'projoc.t, ~dW~)'OU'"~ltl~&IJme ~h tliis coml~, W woc.'*1 liki&~O ,.spondH> Hdl o/ yotJf ~ tlftd ~ NJbted PfMJ(I tfnd )'OIK COl71ITIOtlU 1'1 ~' rw-llnd lorlt •nd #NJ 111spanUt '° NCI! in ft.tiea. Pam ~t a.':om.wN W411$ tletemWlo<I ~ • ~ wfikh lndud1ld lhlff fl4IOlk, n~tlopa: (OM ~JC kx the W.dtm GtJlfCOurse ~ llnd IWO fOt' tM ~ IX(Jjett -..ea) Mid mere~ wtlh ~tfl<>'dets lvc:l't N tflo WMlai Golt Courff IMl'~mortlt.. ,.gd4*:Wy 89M(iG1 ond JM~ '1:kt DrllJ En~,W~ ~' ~l.l'lll'llltMfrX'eedtOl!heSe .....,,... I $oQ.lon 2-2; N~ McMIJhon It tlllO p.-t ol OlNR. $&1:1'0 H!Jlon;: Pfetorvl)tion (>MsiQn.. not lho C.OUnty °' Kauai. Martha Yent It 1he erancri Chlel or the ~ DMs.iOn Of Suite Patb. wNrch if m.o Pl'!1 or DLNR. Thltnlr )«I kx thi$ dtwiflcaHon.. We wJlt mnb the propw CMOCtiol'J in tfMt Fina( E.A. 2. Sectlon 2.3. Maly R~ 111 the Dweclor rot ttle ~ HiS~ SOCieey. Thefe iS no SUCh lhing as a K;iiuai Mistorii; PrG$llMl!lon Ofioaf. How9wt, then 1$ U. klll1111I ~ Prft«valioo RMw ComrnlNloo whiCh does ~ "'8se typet ol profects ano lhe¥ are unoer 111e Coi.1"11y oe l<llUtli Planning ()epattmol'll. W.. wir ~ •nd ml!M Wly CilOrrOOflOtlt in the RnN EA. 3. Allemellve I (COMUll Paltl) Ptev!Oulfy ktel'll11\ect ~&11"9 Miii aiOOg !Na alMr!WM roule ond Int~ inlormolion QOUld be~ This OlllOrnti!Mt would req .. e an atctuMologigll lrwentory ~ plan, ~. and mey r1tq1.1'"' monlloMQ bec8uM the POtienlla1 GX41• IOI' l!Murfaee ~!IOIHieposits and llumotl bt#lals in 11'10 route Afohl:<'·W8y~ROW). ~ (WI thot ti1cllng$,. furlhOf ill'~ WIQfll; mtiY bo ~Jirod If hv~n ~1115 ;Jl'O bJno ~ lhlt catridot. iweserv86on In place may be 111e recommend oPClM. w. llftdom.ltf)(/ Md war comply UM~ 110~ 1N AllllOW (Ut(.ij • llllAl(Tl-t CO 110101 JOl .... UC4~<l)i • k>I t..&tl IJJOI !Al -'•t 11.l !OMllGf'! kV{ll(.('.o,\ MJ., M~ O'litlOin. Adl'niMlteeot Marth 28. 2006 Pago Two of Throe .c AltemO>bvo 2 (~ H~y) IS ill'! accopl~ 0$)tlon, Sonol ... $._ Alt&mrillve 3 (Oc.tao Bay Pt.llu!IOn -Upper C41ne Haul A.oed) 1a 1ne beSl route &il'IC91t eYOlds mosi or 1hl hi•llDric ~. Sonol ... &. Hanamautu Rahroect Bc;oge b a ~&lie and °"' Atttlllecwraa 9raoc:t1 -Mil need io be irwOlv$.t in A1viowlng any wor* on ll'Ms boc1Qo So nolH, and .. wi# ftlly Olltl1PfY 1. Si.c>-AAemaUVe: waaua Golt Course T UIWlel WOUid dlt8c:Cty 1ml)8Ct a lll"IO'lm HaWCliian tvlel. Tho ~llNiil'lau BurfiJI Council would nMd IO bo ~on this s.ocrion ol it• Cl"*9cL Wo StJll9"I the Col.Ny OI Kauai Pl.tlllc WOlb make 8 ~ ii' !his eltM\lli!Mt IS eho5ef\. Tho~ IJM t.Orl'UAIW 4r. ~ ~t\t IO pnlt(l!V I/WI propo$«/ fJl'OtbC' JO rll• t1urial coooci. We were on tJte Fetxuary. 2006 8getlda out e QlltwVnl was no; ,,........,. CIN1Mdy wen on ti~ M.wt:h. :/006 ~ ... If ... ~ ls noo6od ~She Wit•~ Golf CourM, we would 5Ug9C$I UM of t•on top of tll(I eutt91'111 OOf ooune and IN!n !he j)Mf.tlb llnnel be pioced on ICC) and flll ~ on the sidti IC) bfel'IO II irJlo tne90'f oout5e end Tee 1, T'hb way, lillledlggingwou!Q ~tlC!eded 10 tt'9 onglnal 6.lno St#bca. ftHt ll".lflt10/ arid fftth lfJi _,,_, df$Cfibod abcJw ~ IV$Ull' kl a dmm.af'ic WSWlf and~ ~ IO ifHJ "°"course ttltd (/(Jlf COtl'M ~ .. Ir i$ IN!tikety tit.ti ADA COftllo'i.W $CC$SS'""""' or '1fOUftd tll•& strualNll would be po.s:.sible. "' lhll Migtlt of wen a attuctor9' wrMM exCHd r 4 ..... If 6ggWlg rooll• ror th!$ tunl'IOI c:unnot be tivobod, o.n ~I llO$linQ WOIA:I ci. required tn Cltdef 10 detem'Wle ir conoenll'MiOna Of buf'lals we in ltlls IOc8ticw'\. Sonolod a. Your~ ~tlon Is ~n:h.loologi;;;d moniloring 10 Ndrtin u'*nown .. ~lewis.. wt 90tee vJth thit mifiQacion. M archlleologle:al monltON'IQ ptan IS t~iMcl to be *!bmlllecS IO oi.. dflte for r8Y18w and ~I So noted. 9. In adOibon. all inlerpreliYe ma1WI WOl*I need to be llJYlewed by OlNR..sHPO. Sonolod. ., "o-.tl.iAll'_JW ••c ~•It Al(lH IOU 101 "''°" 00.Ci\ n • ' a.lb &IOI ~Kl Ml Ill [0..,_Dt:.OlN'I/( I C:tM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 17- Thlll'lk)QIWfllJ!t~ Almiati\N,~ill'IOPIYJ"11"1dpMll~. 11'11tCOIA'MYOI K8f.ili !Nit trJll~e ''-littltl~lct Of.ti ~f aM~ Mee Ui&(JIJtJlic~ l*fOd d ~ Md llll OI mt 4SllN II...., CHtn Jdanail5ed Thfr #lMM¥11J*"ld P9"!70r!g IHt!f ~ Wlftl you llf'Jd~ 11Mt tMdlt4q1 ~ -fllrfl ~ wil b9 in Cl'Jn()etf Wllf'I your G:Ct'IC""1!1S. Fffl frH to C0rtt«t 11119 /llrltw ii~ ,._.. OUIOr CMCM11 or fo!e41a ~ WsprOj«:L """"""""'" tQ.4l tl.O•I'• AlAOW J.(11 • H l.AltTH (0 IQIOI ~as-M"-<K°'" ,,. MH ~•JCt ,,,. .'-\t•I 9'Mf:'Gf'(N II( 'M FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA -18- Co rush Sunderland Wright Limited Landscape Architect ure Urban Oe'iign Recreation :and Park Planning Site Planning Envi romnen tal Planning Project Mana gem em / ,/ 1960 Scott Srrt:et Su ite 200 Onawa Ontario Canada KlZ 818 Tel: (613) 729·4536 F= (613) 729·3018 Jt4 . / / '7 / -/(__ ( J anuary 5, 2006 Merle D. Grimes, LLC I 042 Broken Arrow Circle Elizabeth, Colorado USA 80107 Attention: Mr. G rimes , Re : Ahukini to Lydgate P ark B ike and Pedestrian Path Draft Environmental Assessment Dear Paul : On behalf o f EWM Kauai, L.L.C., owner of approximately 465 acres of land, •. p resen tly referred to as Ocean Bay Plantation, we are in receip t of an elec tronic cop y of the Ahukini to Lydgate Park, Bike and Pedestrian Path, Draft Environ mental • · • • Assessment, dated November 22, 2005 . . We have reviewed the document and have the following comments: I . I In June, 2002, EWM Kauai filed lhe Ocean Bay P lantation, Final Environmental Impact Statement, which you refer to in yo ur references section, page 174. In this document, EWM Kauai proposed a bicycle route as indica ted in Section 3.11 Page 3-6. 3.11 Roadways and Bike Routes The interior roadway .system consists of asphalt concrere roadways providing roadway connection 10 the various residential areas, the golf course clubhouse. and other project uses. The entry roadway will be a divided road wi1h a landscaped median and 24 ft. wid1h on both sides. The inte rior collector and smaller service roadways will all have two lanes, and vary in widths from 20 to 24 fee1 according to Jhe intensity of use. The project roadways are planned to be w ithout curbs, and include grassed shoulders. Sidewalks will be pro vide on one or both sides of 1he road in the residential areas. Bicycle r ou tes will be established within the interior roadway system, as shown in Figure 3-J . The regional bikeway route will extend alo ng the project frontage along Kapu/e Highway and along KUhiO Highway. This bikeway will have a designated ex1ension into lhe p roject site along the main access road, continuing to the north toward the Kaua·/ Radisson Hotel. The bikeway route wo uld continue a long KUhiO Highway to the neighbouring hotel entrance. This route c losely follows Alternative T wo i n the draft EA Kauai, LLC supports this route. C;\PROJftl S\AOMIN'!STi:tATIVE FLES\t _ OFFICE FIL.fS\Pllo.iEtT F1.u"3J7-l9A.\UTTtltS\AlulNI TO LTOG.U ! PARK Bnu .lJQ fl'ENSTll.ul PA~. GIUl'lll!S WITH LOG4.'"f'O .&"' !) 6--"',;/f' rlf/.J-.. "'~~ 91.l..J~:1'..if 9-!'1-H-..!r:f'---'. l.-..l.11/ - 1.2 IJ I 4 I $ lfo The E\\ \I K1W11 rlucalltd for poii>IK a«cu IOtc•ft.al arcm •loas lbc Cll:can fron~ ~·lk•U) at tioo old dod. and M the bp of the propcn) on dot nonh thorc o( H-ulu 0..) TN. ~«M "u poJntnan onl) •• 11 "u Mi 1ha1 lhc: ~chnc alonc Hanarm..I• ~> and north lo lhe rrortn> hmm ,.ett 1uo prune ID n•c ""'-fot tarc palcwiu mo,.....,. and coo rud) and .. n.uoble l'o< tonUN<r-. 5«1 >ft I I .l, l'ropNal AW<"" Draft l:.A • r, .. I II u tUOl<d. "ft u fo"-,,., "'1rot of tlw pro_ ttr IO~"-<0«1nr 11.,/ abo...Jolr ""'~ "'''~•v roniw· Th&s ls•"'"""' tcnlalCc -i ,.. auumc 1hc dnlrc" 10 Pfoett1 the •blndonod raol -ridor Our""""""' 11 one ot ....,.." b 11 lhc: 111 ... ..,., of lhe dcsjp 1cam io rcnplun the ~ o( lht ~up (*M il:IJu.lllr) or 11 II 1J111PI) chc -of a P"'-snodcd c..rrH1..f tbal lea!• 11.ttll IO cuycon."""""" oh h.DCM btOc)clc ,.,.., •• Sub Reach Thi.nccn. Orafl EA. • Pqe 49 A< r-n o(lheO<can 0..) \bllCf Plan, thccomcnat1on bnc ••&> cttltlLiUol'd To 11\iJ Md"~ bcllC\c Ahcrnau•c f,.o c"°"" arn>u 1hn hM- dc•clopaiml J.nd oe 1hc nonhcm •Jdc of Hanomauhr Ba) The >!tq> .,..t.s. t\1•11111 \Cfel•lcd •k'l'C IDd the amen• d•m uloy Ill t....arucl-"...id knd 11t 10 bclic-c llMoc an dlcmalc .. , ... "' die bcok:ll dlould be c.rloftd odlct lhan •he ,,.lb folio.."" the "l'I"'" ca.,. ltaul roe.I. Proptrt) O..ncntup I.-. OrlAl:A. hcm2 I 4. P"'lf \\c ... .a.10<1anry ME\\ \1 ~ ... ,"' now.ay .... 1111m.1<ns 1obon ""'"c Ha"' 111•M 0t lhc: Fwnl poobl1C from beach•:.~ 0t s!lcttlrnc k<eu Tllit 11 clear la ow d.ic ...... au. "a made clnr In J'Qblr< 111CC1111p and 11 COMHlall ,. llh lhC llftllnl.S of Che tOll>Cl'\'11-10W dnlj;n.11- "o.b-AMrnah•c Thrccj()caa IU) Plan&al-• l.:nicrC&nc Harl Roedl ob Reach T"cnl)', Draft EA -Pt te ~9 Pica"' rd<t IO die Ocean Ba> l'tan1111on /\.U>1tt Plae In lbr m.mer rWi ... ha•c lllu"<d (Ot boch boC)dc Mid pcdntnan lllO\ancnl llwo.P the i.1c. •llhovah-,.....,...,,,> •to.s Ille cane barol rood Tht1 "'°"kt alio.. lk'.«ss r.roni lhc Radi<tOft llca.;11 atta. lhruup !he Ille and 01110 die Alttmatr\e T"o _,,,.. .... • CV'9f.At'!l'"~•q! .... fN 0"'0 ,_~-urcu ..................... ~ ................. _ ..... .-..--- FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 19 - ~11..1.~ ;§..-.:t"~ 1.~ .)C..J.J.,Jfj~:f.-.t J.-?s,Pff .,,,., ""Li-•:(,.... :A.1.. .~-I.AW-. AJ 9..,t-~-J..--.J. .. ~umi1 ~· 11 ~1iom •.J.U MotjpliOll M~ On.ti EA. hft 116. l~c IS~ IOIMl"-c •qi:IMIOn.-.1 lpttl!a!ly ...,.'004.,-. Our v;pM••Pl#/oflflit-.~-11.1 fm1~'5lll)lllW1V<C10li.wr.ii 1.1..2 ifoll•ood•:as~Jh1iD.,1.NlldelW•~by6.it-j~ l.1J mx..-ood II oft••~ ml llnl( 10 --'tnl<>rcy~lt. iu..-.ec~1Ji1rnmof~11111tNl1ft.:1"""1111 ..,.,11c.. ... Cl(!6i<lq; '·'" "'~~~....Wbt.-wN, 1.1.s Y.c-do~~-fl'oblic_,......_lhc"-~ .,,..,, "-ftl!ObOmldll.n ~. ""-6.., ~ O.ner-'I.'< b(olifo.~ * Pftlf'Mr bt•"& rd(l'J(\j •it bct--lhc~~l1n41hc bhAtttU Rbld tml~°"'M 10 ~IO Ille IOllllooft~bcai;lil((Ull,.,.,.. l;Y."\I Kiwi 6)n IOI ... W ~ bcw.-lhr ~ HOIC:I W !hr &.eh A.caw. 11:114. Tlllt 111 probelyllt pn:llJlftlybn"' f'C'((llt'IJ ...... _.._ 19 M~iflS).11f11MtM.ty 11'6.XIOS. Tt~Mttl•llJ·Jm)'Condl OtC'a&.y AtteM htuQ· Piw<' rdtr »Pap J·I • J.IOot'Oie Orc-ela 81.y En·~~ $aol(llll'lll '""'1&uow ~ dtlll'.nplK& Tht e-1'Cf\oicw or Ow MaMtJ "-11 iil<licMn lhc roiiow..· lJt)tK-1,UC.o...., .... ,.~dw~~"'Jl'fl'lfJt• ~~-~ ... ""'~~-..,,.,.,.u-~4#«ttJ fl{«llU#lt""'1M"'-iool ..S..K-L R(f"-"""1'0'_,_,._,,, COOllOO...tl)' ,.1llh/itAlik lwrr'¥N>l ll/lf/U_,ltt1"#n••~ WDV ...... JpettMtlwffl.,W,.,_'"'-..J-...,.,,1'•Mt-~ ~ tiinwMJ"o.JM:V~f{pl«.qf~~-1ltl'"IJ«1•1« ~.,...._,,_rm<lic_,.,lb«tft.lto.:••t1,.....1. -1(.J.(/ 6--:t~ ,.,u,... :t"r+-.A.I . .IU...J~ .A.I 9..,f_,.___,_L--1.,..~u ~ ~l""'/IOfftl~f{11lrtJ.1,_PIMff'itt-J.li~rlwQ-.,~ ,,...,tltM., ~ at.tlt'Wr; l"4o/.tr.(f ~pl/~. '"""'"'•-'ttu&f«'NtJ ~1Jloufat ..... ~4-1(<1•f{ltla~f<'­IJMIO•Jf.'1004jr-J ••l"'~"~..,_," ... ""'"'""""iD!lwft -•• 100,;,,p..t-Jlf--loa• ~ IO.J.omlooi .,.~~(111'rlW .. 1/1tCllrlldw~', ~-~btt/fw ·-«~~~~""'"'".,,,....._.,~,JJ­~fadt•l'<l,.,,.,&W""'1Wft..,.,_,,, k«Ji~..W-~ 110 ll'l~ ... Jl4l'P)l'IAbt1UUn•T .. •1th111*-row&:w •K(ftftl> ~ Dfi)'MbachOihcr Auidic: ~c-llMI: rOld I II II nuw bo:Mltd 611 •-Cl1" "Cl)'d~ O.dtlpokbaQs«-icd pnmllllic. .. "*' !be tin&. Olll dw Dnlt £4 11:1111 il*«I-~ dew)••-ri.-...«pmMsloe-rclaycdiodw-t.36 ._.llyllldil•~ Wt-ou~hopcflllilodiffilalllt-IC'1U$111J llllllO'f'11mm"""'"IN. >·.,~·-..4 --~ S...U~·9---°"'9> ~~·C....UK..U.C: SIM~·f.VoM,,....U.C W..."'°"·~·KM ~-....................... _._..,~-... -.. -..... --.-... FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 20 - MERLE D. GRIMES. lLC Acwi110. 2006 t.lr, Jeny Corush _, eon.ti>.'"""""""' -Llm<od 1960 SCOtt Stteec, Room 200 Ottawa. Canada I( tZ 81.8 Subj.Ct' Response '° Commen1 let1811 d818'!1 Jal'IUM)' 5, 2006 IOt' !tie M&l..lnl to L)'dgall!I Pafll( 8icy(:lefPede51rian Patti • Draft Etwfronmenlill A$So8$Sm(Wlf (OE/\) dMad Nc:Nombef 22:. 2005 (Mg, A.Ir, Colv$h; Thantr )'(IC.I"' trMJdl for)'04Jf tkne lrtni~ m.Cratt ~·-~for th9 lbow mfntiOnod,.th ~•rid t.ubm.1tbng ~~~#mo. Wilfl ftlis ~spotldMCt. we 'l'tOUk.tr.)» ro respo11d to Ndl IJ/)"OIN .itSues Mid concems as Nsted PJease ISnd )"OlK ~· In t'O{lliliJt l)Plt •rtd '°""· """" tho ,.$00f\H '° •IKh kl il'lllics. Path~ ~Ill'~ WOI"& !MfMnirWldrllfr:JuOb ·~ whidtindtJtkJd WH puot;c !7MNl~sh0p$ {00. ap«i(lc lot lhe W~ Go/l~l'ffC/T IUtd tlllOfot the M6hJ projec1 llfN) Md mHtihg$ Wl\'ll stak#'loldw¥ ~ n u.. w~ GQlf Cot.Ir.ff n'lan119'1l'Jltlllf. IOgl.WllO')' "9'f'1<=ioi ~ t~ T1'le OffflJ ~IW ~ lndutles l'lteff.rlO "'*'1Aes tor Hdtottbe:M ~ At tJtit &lme, UWl1'9' if 110 /lf8'9tred pain ~It. 11Mt County o/ l(iaua/ ~ ~ tile ftNI <'-etmNti¢n for ~t;I ~ lf/tCtmatiw once tho ptJb/k comment pMot/ 5 CIOfldlxJod and al o/ N ~have bettl kllttlflWH. On beN111 01 EWM, ~i.W, LL C ~ owner Of approxlMllCiOly 465 l9Cl't$ d iand. pt~Uy rcfefffd to as Ocean~~. w. .e In receipt of 1t1 8'ecirorlecopy ofltle MuMtll liO L)'Ogate PA. BM and Pedottlrinn Path, Ord EnWonmoritol Auoamane, dlded Novombct 22. 2005. We NI.,.~ ltleOOCUmoO'I and l\aV1' lh$ totowlng ~ I, I In Jlht. 2CO:i. EWM Kauai filed the Oc8lln Bay Plan1811on. F"nl E~ntal '°"'*' S1a:emtnt. ,.tiich )'Ol..I ,_ IO In YoUf ,.rtneft ~ IJ<t9' 174 ln ~ doc:vmenl, EWM Kauai ~a bicyde f'Ol.lte ais indiCaktd In 5edlOfl 3. 11 P.-ge 3-6. Thit ro.JIO dOsoly toliowsAllom;itivt: Two ti lfl4t Chit EA KfUlll UC ~!hit roui.. Sono<od. 1.2 The EWM ~ pf.an called tot public 8009$$ IO M'¥e!'al areae along llMI Ocean ttoni. $POcile;llly 01 flO de! doQt ond • tho lip of tho prOf)Cl(t'/ on !ho north Sl10r& or Hnna~lu O,,y, This 90CtSS WM pedestrlarl Ol'ltf at • WM le« lt\al !he ~ alOng lilH'ltllT\llllllU Bay IM'ICI notll'I '° Vltl' property lmils W9fl) too PIOf'lll eo W1111• aolc!n for Nie ~lrian rncMlfNl1t JM IOO rodcy •nd uMUble kit oonsttue:lbn So"°""'. • .Cl lllJ.""rllitN All.llO'wCIUlS •I 111.AHT .. (O 110107 IO)Mi>GQUI fl•Ktlt..4•·110f 1<l M(lll !OMIX.tl'lNVJlt CIM 1,j Seaior'l 1.1.2. Plwo&edActlOn. Oratl EA. Page 1. Mt. Jeny COtusl\ Al)li 10, 2006 ~TwoolFour It i9 awed, "ti Is tumer 111e lnilent al the profect 10 CQseM anc CO!Wett lf\d abandon cane r.lllW3'Y comdot," Thil Is a Q.rioln ~ 1111d .... ~NI dMlre IS lo P'oMct ltl9 ~rfllleotridor Out ql,IOltiion 11 °"" ol c;onem. Is • Cllo ln'*1Ck>tl of llM) dotigin ioani "> t«itpiin the cssonco ol tl'l6 sugar carw lndUstly °' i9 it ~ the use ot a ~l'Mkld cotridot th81 len09 itself to easy ~or a tne.r blcyde l'OUt9? Our hrM!Jotl WOfJld be rouse ma PfO-Vaood OfJltidor ~ po$tlblCt IOI~ ~.As tllo c.,_ h<Jul kldusbYW11S ~It In thO *'°'Yd Kouol. Wll WOtJld Mo w,Jllt to --and .. ..,_,...,.,,,,,'J'I._ ... __ ....... _ ... lddilion, thfJ NM~ol tome M:il•*'""" Nmtnt.s wc:ti N comfotf 4t~s. ~ s~. ~ eic. nuty be M$1Jittd by oret1iutallltd elt!mOnrs lltltlt me ~ ottlit ""1lntty 1.4 Sub-Ro..od'I Thlr1oen, Do:ift EA. Pago '49 A$ l)ilrt of !he OOlttm e..y M;l$let ~ ll'Mt ~lion tf)9 w;n ostat:illti.s. To ttW:s and • .,,.. believe AliematH& Two ccrnes aaoss tNs line omo developmeiw land on IN: noMetn Side ol Ha'1311"1aulil Bay Th& parh ~Wt~ fnt:Jod6~ IMt would fJOIJ$IOly be Joul.«lwltJWn the Con;s~ Af'N: and~~ lttnd$, Jr ls~ wfth our o~ Ollie m;,plO Mow •xltedy whP tM PIM'> ia •tig'll!d M the ptOplNty. J dltlttlltd ~SUMI)' lttld IOCM#I OI the Cott.se1V.triot> AtN oolO the map M)t.lrd ~ lhfr ~ kifonnat/ofl nHl10<t ao AOcote "'1f path bosod en 9fodo$ fnd IM/ld use. Tho 51DfP gr.Kin. cu1)14ing ~ ~.and lti. goncnl cfl!ffwtty In CJOnsll\Kdon would _., 14 io believe !Nin an a1iema1e access '° lhe beech Should be o:w:·ploted Cit.et N1~ lhe pell! foilo'Mng the upper cane NIA road ........ 1.S P'°'*1)' °"'1\e~ itsuet.. Dtat1 EA, llem 2.1.4 -PaQ8 8 WO ~ IO clanfy ttwrl EWM """"' In no '111'~$ w;.., 1nciending liO tJarr ttalfyt MaW3iant Of ll'lCt oeo«al publlc ffom be8etl ecoess or $h0rttlne ac:ceM. Thlt Is Cle8f r. OOJ doQJmeira, was tna<le der.ir In ~ lflM'llng$ 1ll'd i$ c;Qn5isl"'11 wllh er-CtnanO OI tho oonfflfV41Cion Zont dtsignoalion Cfanflcar..on noted. From our conw:wsat.ICIN "'111 &ACh Ot.vam aoo $~ O(t'MW' 111ttNe H.wttilillU ol whom wtt ~Mis pn;/oCt. much w,)$ spo'ton obocl( m. Ocio-.ttr &y P'Ofoct. 1' W8S out~ Mal lf'Nt ~ o/ tM rntiliYtt HltW811itM WN tiJlil their"#OCHS M flMt Or:'ffn Bay ptO(llUfy ~ ""v. bHn fwrfld, how4'vw. " W&$ not OiK A1rf'tllt to Imply tMt Dlatring M:Ce.SS ffOm art)O'ttl' wait .tlMI irlfMI of EWM Kttutti. 1.e Sub.AlteffilltrYe nweo {Ocean~ PL"'~* o u~cene Moul Rood> Sub R$;Kfi Twenty, Oraft.EA-P.59 1\.!4 ••OltlN A~ltOW(ltCa.t • 1 lllAJl(TH (. 90101 }Ot '"' l)(M#o (f'Jll • lO 6-.&~ 11(.11 !Tl(! Mlllt[•Y!.ot.l"lNV(ll COM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 21 - ~ ,..for to lht Ocotin Bay Pllln!Mlon M3$10f Pll1n In lhq mill~ p&an W9 twrYlt allowoct kw boftbk:yde and~ movemeN lhrOugh the Site. lllhOugh hO& neoeual'i)' t1011Q m cane haul l'Olld. Thi• would llllow ..::coss lrom lhO Radisson 8c;tch ~ lhrough lfl4 silo iind onto lhO ~ TIM:l l1Xllfno.. So ncNN, 111'9 .. ,. 11Wat• °' u.e Oo..wt &ry Pl.wttnt>On u.mr Plan n,. (Qlt En~~ ASSeJlrnON i$ a ITUUI &tuay Of m. ecrridclr "'°'1't Mu~ Po#i; IO Lydgare Pll~ "" tllft Of:)M'IM ~di19 '°'',. "*°'~~. 1.7 Section 4.3.1. t M•bQMlon Meaai..es. Otsf\ EA.-Page 96 Aet9fel)Ot I& m<lde \C> Mll\ot YeQeWIOn, 9lld ~ lrorMood tren. Our 1xPl'\'1 &*Udy o1 lni• iS:luo., deliem*lod diat ni.-iirr )'CM.I kK t.-kinp r1t11 .!lino '<J ~.,.. joOtlt o.rpolf ,.,..w in~ rhp(h tfH11";Jnwood .ts.wt • .rwt we ~It ll'lll~I antlwllf IMke .... ~to~ to ll'Ot"'1ood as dHiraJJle llrdQI Nlt!W.. 1.8 Mee1fnO Minl.l'les Apfi20". 200S.00ug's0ffiice, Ontll EA-Page 195 ~ Pf0pel1y ~ We belt&Ye lhe pt0Jle!1y being rwtfflfYt!CI 10 is betwMl'I N Radisto'I Holal ancl tho Be.Adi Aocess Road.. WE< Klulli OWf'IS al bnds '°' N soulh of the bNch 11C1011U """ Sono<ed. EWM ~I doe>i not own lht prt!ptl1y be~ !tie RCl<liJSOI' HolOI and lhl e.idl Aoc:19s$ Roiiict This IS probably the e>roperTy being tefefftlCI IO~ M me8tli'IO So llOt9d We ~ OOClldlnared wit.n U'll8 ownen of m. PIOPfJlfY 1,0 M..ang MiruMs May I .,.., 2005 Teloohc>nt MCICl4l1g -JOfl'Y Cor\lah Ocwn Gay AQcos.511$1.11$· Piiiow rof(w 10 ~ 3-1 IO 3-10of Cllt Ocwn S..y Enwonmon1111 Imped Sia1emet11 ror a delM!ld t>to;ect d~ W$ wW 1'Vl9w UNI PopN it me doc:\tmtwlr tt~od 1, 10 In~. wo ~ Ahtmal~ Two Wllrl an alt9madve roulo lof at;Clt$S k> HllNlr!lilulu Bay and beactl oihet Olen V• upper cane hatll roed • ........ t ''l Ill )J>.t~ A.11.U)W(llt(ll • (ll/All(Ttt( tlC10) I ).Mt,<>C.t-fli Jl• IOJ.fA-"11UI .lJ Mll.l!OMN.t'!~VI .. ('M Mt-Jorry Cc>rusa'1 Aflf" 10, 2006 Pago FOi# QI Four-1.11 It ShOUld be noted Nt we ate very a~ ltlal despile beirJig <Jenied permltaion to ontCtr it. land. U\at th& Oroil'I EA toam ignotOCI our direalve ~ Qc:ol$$.. Thia d~ ol permlssiOn W.1~ ~to the lt!M\ both verblllly and In 'Mlbng. We WOUid nope Nt n tno Mof8, our recJJM1$ as land O'M'\81'5 are Atspeclec&. we aeoH.SeCt ~ P/O(J'IHty 111w to 'ytJ(JI' dettiOI ot ~· ana not a#ICO tllM.. Tho pl1tnt16'1g mk1 ~ ,_,., ~ wilf> you iHld toOls thal U'lf dlt• sduliotls we Me ~ will oe m C'Ol'JCel'f w:1rt1 )'Olll eoocems. Fff/ he to CMl'act,.,, llltther If )OU 11~ OU>e1 «JtJCiOl'l'il O< ~ t~l'(/J(lg rhl• projoa, Metle 0. Grimes Cc \h. Owc1b ttalp 104J •llOKINAltl wtlll(LI • ll ,ZAHfH ( 80'01 to>Mft-004/.{01 • N)t f>.lf. llOl i~)Q MUtl~PC.f'fN'll'll.(CIM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 22 - I appteeiate being able to provlde comments \Ila email on SUCh ShOrl notice. I am providing the tOllOwing comments on the Ahukini 10 Lydgate Park Bicycle/Pedestrian Palh Craft EA. I am the Kauai Seabird HCP Coordinator for lhe Division of Forestry and Wildlife. I work on issues related to causes of-Unauthorized incidental lake· of fecle<al and state listed seabirds. 1. It is essential thal no additional outdoor lighting Is added by the project if possible. It ls rrry undenanchng that this b the case except for potential lights around tne comfort sia11ons. 2. My lighting deemed neees.s3ry few safety and security (i.e. at comfort stations) shOuld and can be ti.Aly shioldOd so as not to attract Ncwoh shearwalGf, Hawaiian petrol and wOdge--ta.lOd sMarwater. I can provide Information on ·seabird" $8fe light.Ing sfyfes and encourage profecl proponents to consutl with me on this to avoid cavsin9 "l&ke· of listed sea.birds Clue to lightlng. 3. Pago 77, Nowell's shearwater is listed as a Jhteatcoed species at the federal and swte levels (it is not endgangered). HowovGf. over 80°4 or the WOtld's remainS'lg p0iputation tweeds on Kauai. The Hawaiian petrel i:s listed as an endangered species at the federal and state levels. Both of these spec:ies migrate OYer the coastal area dumg breeding and fledging and thus oould be harmed by any additional outdoor lighOOg that is not fllly shielded. 4. Page 77. The biological setting and analysis fails to discuss adverse effects on wedge-lailed shearwaters (PutlinusJ*ificu.s) (referred to only as the ua'-' kani) thal Is protected by the Federal Mlgralory Bird Ttealy Act. This species nests In oolonles along the coast Breeding oolonles are likely to be adversely affected by the propos.ec:t action. I directly obSecved many dead wedge-tailed Sheatwatef'S around Han.-.ma'ulu Bay in the fall of 2005. Brenda Zaun anCI Keith Swindle of tho U.S. Fish and Wldlifc S&rvice also dOCumented this mass mortality (phOtographS and intormation can be provided). We documented an enormous man-caused mortaMy on the north side of Hanama·uiu Bay in addition to devastating predation by cats and dogs, p<esumably. Thete are atso several othet OOIOnies along U'le coast noM and south of the aforementioned area. The construction of the bike path would increase public oocess and risk of disturbance and mortality as well as potentially r&s.ul1 in d1ted removal of occupied nesting habitat for this protected species. As a way to mitiga1e for such OOverse effects to less than significant levels. I recommend pre-construction surveys for wedQ·tailed shearwater colonies by a qualified biologist at the app<opriate time of year. These surveys would hefp avoid and protect existing colonies. In addition in areas along the bike path there should be permanent educational signs on the seabird species nesting and seen along the shoreline. If dogs are allowed on the bike path there should be a posted requirement that all dogs remain on leash at all times (penalties ShOuld be cited as necessary). Additional proteciive measures such as fencing and ptedator control may atso be oocessaty. In summary I reic:onvnend colony surveys and consultation with the Oi\lls.ton ol Fores.try and Wildlife and U.S. Fish and Widlife Service.regarding potential adverse effects to wedg&-tai'9d Sh&arwater atong proposed and alternative bikefpedestrian pathway routes. 5. The biological information from reports cited for the two paragraph analysis on page 77 appears signif-.c:antty outdated and inaocurate in my opinion i.e.( data from reports issued In 1994 and 2001), Therefore the analysis of potential effects would be compromised. 6. Page 77. Nene (Nesochen sandvicensis) is an endangered species listed at the state and federal. Nene should be Included in the anatysis. Construciion activities. noise. and human activities could along the path could cause adverse effects to Nene. 7. Page 77. Hoary bat i:$ no! an avian species, bUI rather, it is a mammal. Thank you for your time and consideration. Andrea Eriehsoo, M.S. Kauai Seabird HCP Coordinator Divis.ion of Forestry and Wildlife P.O. Box458 Waimea, HI 96796 (806) 346·3489 mobile (806) 338·1361 office FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 23 - MERLE D GRIMES. ll( Mrl..~L~M.I Ka..-s..birdHCP~ .,._,.,._., ... _ PO 8olt'51 _ ....... ......... -~ ~IOColMwllLAW....,.....,t. 200I. bllt~ tol.)'O!I* Ps\ ~ .......... ~·DrMEJ11 OC41M,. ••(OEA)Woec..bef23 """' °'"'""-~ )OCI •,...,.. '°"' ._.,,.......,. °"'916n•01•••• • •• '°'.,.. .ooi... ~~~Mtd~,._.CCl'MWf't,.,....,. MJ'JJPl9 CIC¥i CiiliPCl'dlc ICl. we WOfM * ID IWf/JtOIWI M Nett ol )OC#',.... -"' oonotms .. ......._ Plllil99 IJtwl "'°"' ~ .. ,....... b'PI.,., .... end.,.."""°""" llD Mdt "ak:s. I~ being MlAt to PfO'l'ldt ~vii.,.. on"'°' ttion nabC:e I Ml Ol"DWil'IO tr'lt ~oomrntnUonN""""'"'IOLjdOllePM.8qCllWP I ...,,pd!OrwftEA.111111 ... K4IUll SMbWd HOP~ tot IN~ of Fort!Wy~ Willdti I WOlfl tn411* feimod \0 C9UMS ol ~ linOdttlCll ..... a .. ,.,.,. .0 l&Mt iNed Mabilldl. 1 1111 etMl'llilf Nt l'IO adcMo'lll o.ildoor igt*"O • .00.0 by N prqitt:l ~ ~~ II It R'I)' ~NI ..... .,,. CllM •i«llPl for POWIUll ligrlla .ound IMI comforl WICiofll 1betlt II Ml pl/ltfl .lilOhlihf (ltfiMfld lor #Mii p/tflle o/ ""9 ,,,q.a 2.. NY; ~ HefNCI '**"""f lor P1°'Y 9l'IO MQltilV Q ._ .i comlOn NllOM) linOlAd anct can bt lull)' t!MIOIO 10 n no! to oetrld '*"-11'1 lnearwlW, H•Mlin pe11• end W'ldge.Qlited theal'Wa'.et I C1W1 ~· lntetm1llOll on ~flllird° ... ft ligtltong •t)'tot .-id enQOUtllOfl ptOj6d pcooonenta 10 con•• wllh me Of\ •hit to •VOid 4**tlO "'lake• Ol ll11ted M8blnn oue IO lg111ing Wt w11 hfVf ~ ot1 N c1t$igtt lHM CO!'lt.r.t you 4.>t ,,. NS1".iinco•1a ~m '1t0flld/l(/lltfftg ~Mt~,,,,.. *41M:wto/ tN com/Ol'I ...... 3 Page 17 Nt'Mll't ~I• It llttild II I lllUilaQta 'l*la II VMI tedlwal and itate le'Ytltl re it noi el'llMlngitrod) ttoMver, °"" ao... GI !he WOllO't rom1hwig ~ broech on Kluai The Hewallen PIMf'tt a i.tted • en Ol'llWlgllftcl tO«itl •t llW ttcteral Ind stat• leY* Boe!\ OI 11WM 5P«iet miQt'Me cw.t lie coetllil ... CMlf'IO btMCling #Id ~ and U-... CCI.lid bt "6fmed 111 any lldcMiolW Ol.lldoot llQtlting !NI i. not ~ tnlOldecl Alt'f .... #1ttll#«IM m.~ t'4f'l!Onl _.O. WlUI ~~ 4 P"llf 77 llW bi010ga1Ml*'OIt'd~11111 IO cMcuM..,......... en.cu on 04\10 -.0 sl'lelrw .... (~ ~) (~-~•lie ut\I k.anl) IW a ptOtlllQeCI ti/ l'Mt f....., Mlgr.iory M TrMty Act Thia..,...,... In COIOl'Ml lb"O IN mMC 8nMdrlg ""°'* .. ....,. k) b9~ "**I by ht~ 9CllOn lditec:tlyot1Mt""1d....,. .... JJQ! .....,.,,.."'9f.~~hyln ... falof 2005. ... Z....-td ~ S....d .. US '*' WIW.-. 5eNim lllOdOCUi *5d ,.,... .....,..,. ...... .., .... ~an•~ w.~.,.,.,.._"*'" C*i9ed "'°"11111 Ol'I ... "°"" .... "~lay"'~-de¥ '~ byc.b ..OOOgt.llf'W'Nllll) n.. .. lllllO~-----.,,.. ... wecdt.S~OI ... *'°'*' 4d.,.. TNOOl"lllndoftd"'bM ..... ~row.pAllt.._...SnPl of~ end"'°"*r• .... -~ ..... •dlr.a ........... alOOO;c-lftMlil"1 hllbUt tQr ... '"*""° ..... '4•W*f•,,...... _ aM;l'l.,.....eilteca ........ ~....._ .......... 41~ ~""""""'-J; ,...,.,...._...~oi; • ...,..,bologlll .... CllPfCIPftlle ... d.,.., ,,,,... IU'll't)'t ..., ... .., end pttlMCI h'llWIO cdonriB.. Sonofild n.i. ............ 1 ,.,.,...,,,......Ol'OlirWl*ft~·~ lntdddi0n.n ...... a1ot19 N llill.9 Plll\OW. ~bl~~ tV"Orl h MKMn:I .... n11!M1ng *"°Men *'19 '1lt ~ If C100t .. .ao..ecs Oft t"'9 Db pllh there .i'IQltJlo tl9 • '*""° ~ 11'\11 II qt NfNlll'I on lllWI • .. wwn (~ ll'O.llo o. died .. ,.......,,.) M04ional prciMdlVt "'°""""' Mi'I .. *"'ldno *Id ~ CO'llfOf 11'1"1 _ .. ,__, Proptt..,,. end m.1M o1 ~ Wfl bf pnwtofd to tilM ,,_ INirhWitYt. • gclldttdWmi'lg ~tot UW1 w1*1t rn.y Mt'~,_, mt1Y19 and ill)OrllfCOlytHml. By~ '""*~·¥~.~to-..~ monk ...... ~ MdrNidltll tJilW. ftltl\-9 lkn, and INfMjf/ .fhtnNlle ,.,,.. undiJWmed, ~ C"IWt 00 ~Id·~~~ to pt0/«1 tn. ~,., l#td ~ wet1 tomullM~ In 11.1m!TW)' I 1tcOmn"IOt'ld cdony twtVtyt ind COl'llMllUillOO will'! IM OMtlon GI F ~ and W.ldlile #'Id U 9 Fill'I •ncl WildMo 9-Nleo rtglfdl"V Po~ edvorM tl!lliCtt IO woelge-Uliletl 1haeiwMtt 81ot1Q ~ •ncl lltt•Mltte blkf/c>tCln1t!1W' pa1hway routes Sit04Jld tM ~tll ~It boCO!ti. ll'i. fl(lff«rod anit, W4t MMooordin• Wlfh ~ 1/1/WJ your doi>af1mll'll 'O dtNmllM WlltV'il lhfH ltloldiN end M#Wyt ~ bt COMuCMd S. The lllOlogleal inlOm'llllOn lrom toportt. dWd tot Ille two~'~ .,,.lyYJ$ Ql'1 page n IPP98f• ~ OUIXl•leid tn0 ~f 11\ ~ oplliOft I e (dal.I ftOm tec>01U iMued In 1994 Wld 200t• ThMIOrf lhe ~ OI' Pol--efll«:t1 WOYld be oompromlNO Should i1N1 «»ttltl ~ ~ ft)f /ll'flflttW ~ .. wtll ~ ltlat tM difSV" ¥M1 ~ -'ffl )'Oil' M</)'OUI'~ to.,_,...,,. wnw. il'litM MUC6M Md 111.fWyt lh04Jld Gt' ............ & PtQe n Nitn1 I~~ It., ••Ptd loec'iM Ill*"• lhe u. an11 ,..... Nrtr'f lllOult:I be ll'ldudlcl In.,..,.,,... ~ ........ l'IOiMt #Id~ ICtMbel 11kW1g ht Piii\ COUid ml* act¥ttM tfttctl IO Ntnl $loM-. cwt1.i ~ ltC:Ol'lf "",,,..,.,.,°"' ..... wil(ICl(llf'(lll'W w!dt )'Ol,I Md~ ~a:i........,...,.,..,.....,Md~llOJld-condldfd FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 24 - T P9TT fto.>tyOM•-M•.W._l>UI_ ••• ,,,....,., ,_,_,,,,,_.....,..,, __ December 28, 2005 Merle Grimes 1042 Broken Arrow Circle Elizabeth, CO 80107 Dear Merle Grimes: lfoll"r ha:f 110 substitute ....... Con_'ltnY it Subject: Draft Environmental Assessment -Ahukini to Lydgate Park Bike and Pedestrian Path, County of Kaua'i ihis is in regard to your letter dated December 2, 2005. Request for County water service will be dependent on, but not limited to the following: a) Quantity of water requested. b) Location of request. c) Status of the Department's source, storage, and transmission facilities. It is recommended that any request for County water service shoul-0 be submitted to the Department of Water, as soon as possible. The request should include pertinent infonnation. If you have any questions, please contact Mr. Edward Doi at (808) 245-5417. Sincerely, ~1/-Gregg Fujikawa ~D•ll Clt••fA ,u,._.~,.11u1 .. 1-MrH 4398 PUdt.oki! St:., P.O. Box 1706, l.ihue, HI %766 Phone; 808-24S.S4-00 Engineering and fiscal Fax: 80!H4S-SSI 3. Optrations Fax: 808-245-~02, Adrrtlnistration F;.,x; 808-.l411:B{Wl FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 25 - MERLE D. GRIMES. LLC w.GteggF ...... CwnlyOIK ..... Oepamienl Of Wal/II 44.cA Rice Slreec lJlue, HI 96766 Mart.ft 28. 2006 Subfod'. Rcsp:>ntO t0 commott t.o1111t <1°'106 Oec:embor 28. 200$ ror llO AhukW 10 l.~o P41tk~lriln Pain• Dian ~l<llAlsowMnl (OEAJ d.1110d ~22.2<>05 OWMt Fujqwa ~ )Qlaomudl lor)W'"tlmft#i rt1YllM1i'lg the Orafr Em+onmentM~t kK the abrrMJ mooOiooocl paJ,h Pf'OitK;1, arid"'~ )'OUf" ClQIMlrfNlfs f9f}liffling a.amt. Y~ ~ ~. irte W()(4dM:1t'°lfJS(JOOdtoeadlof yotJ1 }$sues antfOOl'IOeffl$BS fsl«I. Pfect.se fhd 'fOtlf comrnem .n ~llf l}'Pe Mid kn. ltld lhe mpoose ro Heh iT .iata.. Parh ~r tlhm.ifM» Mrte deremilned rhtouglt • pmcess, .mkll h:AA10d awe putJic meeDngs~ (Otle ~fer O'ie W8'lu.t Golf Cot.ws1t lffClt afld ""° tor the °""'9 ptojea lttN} ftl'kl meeMgs d Sf~ such as tl'le W4Jue Golt Coi.rse l'IWI~ ttgtialOt}'~S *Id I~ The ontn EnWDfif'l'llWAI A1$8S$metW Nldud&s' meerfno .minutes fol eadl of fhese meefinOt. Tho loin reoaoi 1<> )'OIJfle'°'daod ~ Z. 2006 R-1 l0<COumy W11W-.;tbl dependenJ CW'I, but not li'nitf!l<l IO lhe ~: a) ~of..,'Sletr~ied. •)~ ......... c) Status d h Depattmenl's souroe, SlOfaQI, and ll'ansmlsslon fadlales. AJ toOtt BS the pemt/r.11'19 ~ It l'MY!lbtt" of lhe fettm wil contlCI )OtJI" ottc. to eoordilvitO tfr9llf'dhg ti» &JtA'Jg d waMr t~s JO en.un that Bdi!lquatf SOl.lt'Cho let 1M w.wr tieet& d Jhe ~SIAriMtiS~. • Is reoommtndOd ~I tllyt' ttqlMI tot COi.iniy W'Met totVlct ~kl be tunmd!Od IO I.no ~ OI wa10t. as soon u ~. Tho tOCl*'I ~ inCludO CICl1intnt 1n1onn:iuon ~wit/I tfl9 WllOf' Oop.1rflntnl wit OR?CK ct$ $OCW1 3f l$ ptactklbl9 Qi*f !ht~ """--")'OU ha\09 tll'l)'Q1.1851lons;, please cor4oQ Mr. Edward Doi attao6> 245-6411 T1'aMroo /or this OOfll'ad ~ t1.,:.tJ • 01".(to Al.10-..-' (1llC.ll • (l!ZAlllti (0, l!Otl)J ten ~t.00.U. I.DI • K• > ~ UOI n .(I M(ttf•Mtie.Dlt..-vtlC: "'' NMl'rlt.,..lt.llO,,__flllt~ l"'-~l//KMl .. _,,.,w ~b-• ..._. ......... O'XW .. ,..CO't-..r('IOIJ/Oll•ctn:lltOallll!fl .. d ...... "'"' 6fre4..,.,. ,. ... t>on.c:t'l!ll..,,...,'pl .... ll!WaJ'alN IJ'tt..~IJlllP"Jtfld -·-ex: ........... FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 26 - Mr. Doug Hnlgt1 Cttl8f uultdlno olvlelo11 County of l<nu11I 4.j.j.j l~la• Stroot, Suitt> 11() Llliuo, Hawaii ll070D oonr Mr. H•IOhl 1'111 IJllNO Pll'ttlON Arrll 111, :iooe 8ubjoet: Pr11n Pn111tMmo111a1 Anounmnnt AhukJMI I<'> l.ydan1" P111k Rike & Poaootrlnn P•th P'IO)•Ql No, S I P·0700(81) 11 WY ft •I 0d()26l ~11111 ""'"..,"'-• -..AA•~.,._. ~1•un11••J. lriiil.;.,1 .... 11 ... Wo 11011• 1ovl•w•cJ 1h<1 nublnot droll 1!1w1~tnmo11tol Atftoaarnont and 0<1r ority mnlor coMorn lo vnhlr.lo 80Co• to Kuhlo titghwny Th• '•PM nQIO• In 100111111 ... 11.1, Vehlaut•r Aecoue. lh•t cart will ACCO~• lhe plllh •Y•tam tram throo looollon• from Ktthlo HIQl1Wny1 1h11 W111tu11 <;1011 COUI••· Ill• Maulno Cen1µ ur1<J lit• •001un to 1111• RncJloto11. t nw r•POrl ~oun not npoa1ry 11 vohlcl• count or g!Vt'• MY 1t1dlc11lo11 ur retntlvn lnornHo tllHe l11lwN1~1:tlOn• nnn nxpoct Thlt nhould b• eddr•nod, Tll• uulf COUNIO driveway •long wlll'I lhn <illvowey lu KHuul Community Corrocllott cuntor (KCCC) hu1 ox11orl1111cod an lnorH•• In AOCldGnl r~tll Ii& lf11rllo l•vt•I• hnvn lncf'M••<I 1 It• ~Mlnul•1 l•yuul or lho two Ol>PO•lng ClllV•W~Yt lrt OtlOCI Crootoa ft rnl•olitJn•a llltQl'1IOC00n. whlOll I• ft cniih llJullnu l•Utor. I ho nddltlon or t11n llikO p~li I llOllf thll ool( OOU1'110 Oflfl n111111 oronlao rino mer• potru ot co1in1e1. to mlugulo thl• probtom W• tuOQ"t Ill• 1•luvntlon of goll couroo onl1gnu" to ~lion Wllh th• rJ1lv11wuy to Keo If lhoro oro Pfl)' quaNtlOM, ntuP•O o~ll Jl111 Turturlol nt '~1·30'18, ~i f ..-STliVflN M. KYONU, P.E, ~ Dl•lr!Ol lin~lnOOI JT: II ~~: I IW'1'.00, Lnna MurnahlO• UtllJllQQ l114 111111 IT\ II,\ 'II $Ullll "'1111• MERLE D. GRIMES. LLC 1.1r-.1.111,.....PE -~ -ql-~qll-~­l(a,ojl)6*\d 1720-S... LhAl.-t5766 ..... 28,2006 Sd>jecl R-IO C--Le"" -Al'fll t9, 2008. IDf ... -.,l)'dgl!e P'°"' llqdo.--Paln·On"~-tDEA)-~23, 2006 0...MrK)'Ol'O> "'""' )QIOOlft<ldl/ql,_. _.,....,""'11"" Orl'IE"' __ ,,,.,,._ _,_,""""" -~,_._._...,,_ '"''"""' .......... .,.. ...... -~-. .. ..._... .. _,"',...._""'_"_ Ploo'9 ,,.,,...._ .. ,._l)'llO ___ .,._ .. _,,_ Pldl-----~·-----""°'°--....,,..._ ,_..,._,,,,., .. -..Gollc-..191<11 __ ,,,,,.. ___ ,_~ _.._._,.....,, ..... _GollC-..-'6QMlllll.~-lllll _,,,.er..-·------"'--~ W. _ ,_..,. Mil«t lhllE~-111douronlr•-• --IOKul'IO~ Tho_.,,.. .. .,_.61--INICOlt ..... , ........ --"""'-loc-."""'Ku"°~ o..w ..... Gol eo..w. .. _c..-o_,.._ Tlte•IPoft-nol~·--.. ~111'1 ._.,. ______ ""'"""""""--,,,. w-GollC-.. l*b'll"" .. ,.,, be-,,,, ,,.,,,.mg __ .. _ ... -°""*'--~,...-~,,,,-""""'Y ... _ Ho-,,.mng ..... .,.,,,_,,,, ... _ CO'nb<-n..-.,.,, ..,_ .. ~-"'1-lfVtwor"""'"'"'ll---··""'~ ,,,.~_,.,.,,,,,_ .. .,.. _~_ ... ____ P"'liV .. for "" .. 20_ ·-... --. -tf/ottrWPl'*Jnp ............ l'-0)! """""'9._.,11io-...o11~w"'tl-_""_'""""'-........., -.. --... "*'"""' '"""'""",,,_,_,..,, TllOOoll-'*--..0 -N -IO-'°"""""IY ~ CenltrtKCCCl tin•.,..._ ... -.. -·•Ole-----Tho pon.oJot ta'l(UGll,..-~.,.......,. .. --·~-"'"~ li'l(UGl ... -~~ .. e11ec1-·~--·· _..,,..._ Tho-olNllt.opoe>,_.,.OOlf __ ....,._ON_ """""'-To~-~ ... _..U.-ol1gof~-....., llgn-ll!o~IOKCC. ~ ........ -.. """""' FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 27 - litS..t.lK~PL .-a.20» Pagit ho d1• 11'tllllfOl.trlw~ Nr.•,._lliv~Jllf/I!..,_... li'e(Qrqd ,_'4 ... flthi:~*1-.......... 0IUINfJ/M~ ptl'od•coa:l.dldllf'llltlr/l'lf ....... ., ....... n....,.~ .. ...,...., .. )Oi>' •• ,.,,.*91' ........ ~#6bt11t-i•'PfKCIOllC*lll ,.. ... ~~-Adllllf(MllMtf/llfll ...,.fT~ ....... ~ ---·-Cc--• . 1 ' S'TATEOFllAWAJI ll(bU;\IL''J Ot' L\."D 4..:1) 'AlUt.U, IU$0(.ll(l;S Januuy9.2006 Ml'rlc D. Grimes. f'~dcrn Ml'rlc D. Grimes. U.C 1042 Broken Am>W Cln:lc Eliubdh, Co&ondo 80107 Dew Mr. (irimcs: Ollc. d~.ioco.ut lMlds fOSl OOlC1I IO(U,1:1 liO'llelukU.M•'MI .... .....-..:.:._~ ..=::.~-=:.::.. -:::.~~ .... __ --··-··-JAW -9 m Dnft Eiwlf'OMICIU ~ (DEA) b lb¢ /Jd.'mi 10 Lydpl( f'.vt 8fu fl P~ htL bland o( Kauai 1lun\: )'OU kit"~~ 12. lOOS fU!UC$1 b OOll'llllCM$. We: ha\'C tt\'K'.\td tbt proposed ~ fot lhc subjO(( bike: and pflkstrian piths ind oflicr Ille follo~ms ~. Thr pith prop.llCd 1long tk 5homlnc (pr'OpOS(d alkmati\'C A), from COMC(Clofl point C (m.tf' J> 1io Lydp!( Pm1t,, Im)' be ~jM 10 CIOSlOn hmrds tlut (ff«ti\d)' P°"* pt0j«t C'Omll'llCtion as propok'd. The con«'P' of a t'1lscJ tanO"o11blc modbbr bocdn!k Ql'I helical p11c:s tiuilt «i tcp o( a $>nd dbnc is an cucllcnt Ide. IO ~ cmironmmbl wnscnintS ll'ld p«cn1iai bamtds -cs.. shorclinic t'CC'C$$iOCI. ~ .,...,,'C 1mmdltion, and ochcn. £\·ta to-. thm mruin ~ieal pobfcms 'Willi chis~. for i~ •'OU&d 1bc Coun1y be abk to llbd oons1ruction JM ~ of Sid a S)~'! Spcalkally how tdilble is 11\e COl'llnlllmctll kl fmcumh the dune ro1ao.-.111 erodoo~ The Offioc: ofCoosm'ltlOn al Couu1 Lands (OCCL) prdm Sub Al!m:.1b\-c W oombiQOl.I 11ridl Pl'Op)S(d Altft'Ntl1-e 1 •ith Ille possibility o( s PfOp)!«l twDti f'OIJfc: ll'rough lhc p:ilf cowsc 10 die ibordinc Chco tt<IOCUlttbng •i':h Routt: Al1em111h~ I r...-.11ow1n1 along the ~ 10 t)llpc rn. H0>4~~. C'\'(ll this alknl"-c has ttrious m\in>ncncnial «111So1111nl$. Tbn-c atT 31 lcut two major ''fl!ndrt p<IWltJ bct""«n tht &hq rnigt -1 LydjMe Park Wt CU'lml:t us. Tbt fil'$1 is iit liool of Ille «i'lclg f1ll#.. TliQ area has lndition.ally ~ no.aa pMblems cM ~rMN the Jrin11g fllnfl_t lfmot. Tht ochct" piftcll poill is in Cront ortht tc\'ftlC«!nth g«n (~hole). It will be cbffioull and <'lipcnsh-c 10 maifll*lfl a p.al)ra'ly through thu U"N dut 10 pctkSt~ ~oa hantds. Both ollbcsc .-cw arc subj«t 10 com:cal cwsion as nidm:cd b)'lllt~I~ m'dl:nml lhlt WU built in 19$t FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 28 - The o.rcn :south or Connection Point D m3y be 5'lbjcct to cluoo.ie emsi<>n ttnd any pathway built in this atc11 will nttd 10 foUow OLNR shoreline stnndattls ttiquiring lhal it is sn bad: a sumdent disiat1oe from lhe oenified shoreline th:u it wOtJld n<>I be affected by shorcline rttc:ssion for nt least 70 )tu'$ plus 40 feet (70 times Mnu:tl erwioa rate plus 40 fen). The published erosion d:ua1 suggests 1he southern ponk>n or the projcol ~.a is rcfati\'d)' st:il>le due 10 stable bc3chl'Od: outcrops tit the \\'atetline but lhnt the northern ponion is subject to "SC'\'ete dlronic l'fOS.fon since 1950." Southern nre.is of1he golfoourse have e.'l'.pcrienc:cd up to SS fee. of erosion up 10 1988 (·1.75 ft/yr). The entire :southern golf course 11re.1 is subj«t to chronic erosion with 3rulU3.I erosion rn.tcs bccwecn -1.75 ftl)T and ·1.12 ftl)T. Sinoe this .area is 001 yet dew.ioped. it may be pouibk to loate the pathway further inlllnd from the shottline itnd dune. The northc:m eltttnl appe:m to be more siable wilh dynnmie shoreline history but liule lC) oo erosion mapped. More ttttcu erosion dt1to. (1927 to 2002) from Dr. Chartcs Fletcher or the Unh·mi1y of l~awnii provides $0me insight on the recent erosion 1rends and suggests erosion nues :lloog the golf course are hijhly varinble but can re3Ch I !O 2 f\fyr. Or. Fletcher's ttp0n tll&o 1ndiwc:.s the nonhcrn po11ion of 1he proj«:c is subject 10 l~ge erosion r.uc:.s 1ha.1 exceed ) IVyr in set~ loc.!lions. 1'hi$ infonnaiion should \:>(: c.1retUllyoonsidcrtd ~1ten 3"~in.s the l~lion of the propl)$0d p:'llhway. It is the Ocp;irtmmt's belief the differenoes bclween Or. f1~cher·s l'q10r1 ond the previous 1991 crosioo n:port r.:suh from I.be lype or shoreline rercrntw femuro ut1liitd in CU(;h study. In Dr. Fletcher's report, the ''toe .. Ot' step crCS1 of 1he beach wtlS utilittd Ma reformce fe:m.ttc to in3p shoreline di~gt". Thi.s re.iture more n<:euratcly me.uu.tt$ <:hnngcs to 1he sc3wa..rd Mach f"3ce "'11ere it intttStttS the ~n. 11le 1991 repon used the \'C.gelation line and thus rellec1$ the d)mmic n31utt of the ooucal dUDC and \'CSctation. The llppOO'ent difference bccween the 1wo studies suggests thnt the beacfl respoOOs bimodally "'i1h the foreshore sporadically erodina but generally st3ble. as Or. Fletcher's s1udy indicates. while the back beach and dune S)'Slcm 11WC3r 10 be chronic.ally eroding and moving landward mpidl)'. For the purpose of the project, \\'Care conoemed with the awarcnt migration of the C:OtlStnl dune laDd\\·ard as it pen:ains 10 the siting of the proposed w11lkway. The remainder of the pathway rou:nds ti tOCk)' hcndlnnd llla.t is \'Oid of s:indy bl"3.ieh. However. the o.bandonc:d railway grade through this a~ iqipcars to be located 100 close to the sea 10 Sitfely aocom.modate t1 ptdes1rian ~h. Md any such path should be located ~ukl or this fe.srutt. One defieieDCy in the DEA is the Ii.ck of a ecriific:d shoreliDC. Bec.iuse thi.s is 11 shorc-p:irallel pathway, • sOOrcline ddiMt1tioo •Ill.I ~ertificatioo should be 00111plC1ed prior to nny m:ijor environmental project plannins <lnd e\'&lu.atioo. Shortline loca11on may be a si8f'lifictn1 rac1or in siting Md may C'\'m (QCtor into iujor pro;ec. 1nodifications. A Conservation District Use A1>plil.':lhon (COUA) "''ill need to be lilcd wi1h the OCCl.. prior to ail)' project wort being conduaed. \Ve will require a shorclir.c ecnilie.11i<>n i1$ p\111 or the :ipptieation process. Cc: Chairma1fs Onie~ Cowley of Kauai Plniing Oqgrtmcn1 DAR (kff Walwrs) °'· Cb!C$ fl<"dlcr 3 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 29 - MERLE D GRIMES. LLC ....... .._ ~-Ka-.-. Dl._ ,. OKtu.t<~..ac ...... ~ PO lk\~I ,......_HJ .... ~ ~-(-""-..... -'-> •. :oc ........ .., ""'*"-..... ,..,hr\. 8qdt. ~I'& Uni lM.-.a ..\_...... tOI \l~"°'Clllba' ?!. .'.'00! 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(4Ni...,,..... ibh"& 11<"tfflltin/ ~..,JCl.Jt r11rN#it""""""',.J~111""'fl#Wtl. -- FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 31 - PHONE {808) 694·t98t January 3. 2005 Merle 0. Orin~s Merit D. Grirntes, L-LC I 042 Drokcn Arrow Circle Eli'8beth, CO 80107 • STATE OF HAWAl'I OFFICE Ol' HAWAIAN AFFAIRS 711' l(A,Pf'()LNft toUlEVMO. SUITI 500 HONOlUl.0,HAWAl1111!4t3 HRDOS/2166 RE~ Draft Environmeotal A.sstumtnt for tW Proposed A•a_ldni to Lydpt0 Park Bike and Podntrlan P11b, Ab•klol Point to Lydptt Parll, Kau•~ Vartoas TMXI. Defir Merle D. Grimes. Ttie Office of Hawaiian Affairs (OHA) is in recript of )'OUr l>tttmbtr 11. 2005 ttqucst for comment on the above listed proposed projecL OHA ofT'cr:s the follo"·ing comments; Our s1afl'ti.as reviewed the Onl\ En\'ironmenW As5tssme'n1 (DEA) for dtc above stated proposed 1>rojecl and has SC\'tral preliminary comments. These are: I) [)i)e to the fact that the Al1eniati\'C 2 aJignmen1 may jeopardi:z.e: the integli'il)• of a burial intcnncn1 site (sco Pl1te J.l of tht DEA). OHA rccomn.ends that the Al1ema1h·e I align1ncn1 be implemented. 2) Jf . .t\ltem:uive 2, or portionsorthis !:ft~,'e. isfarcchose:n, ait 3.dequ:Hc buffer of :i.t le3st 30 fM should be crcatod surrounding the Kuhio Hipway intmncnt site. 3) As much as possible the <:c>ntrac:tor shoukt l\"Oid ground altering ac1ivi1ie;s where sandy scdirncnts pr«lominatc. \\"here possible~ it would be-appropriate to comp.ace eiliting sediment to actiieve struetural integrity, This shouad be done 10 minimize potential im1>3:cts to hunrnn burials nnd subsurf11ce culunl dtposils. 4) A s1ipul11ion needs 10 be made in tht Arehaeologbl Monit«ing Pinn 1ha1 all earth dismtbing activities should be monitored by a professional archaeologi!t lt i.s appropriate that moni1orina occur on en ·on-site' bl.sis rad1tr than .. 1on°c111' or spot check bl.sis. Ttlt Phm shoo kt also slate. that one arthaeok>pcaj monitor st.all be present per each pitce of earth diS1urbin& equipment (i.e .. three simuhMXOUS C".X~\'ltions shall require 1he l)~n<:e of 1hrce arclw.eologic1d monitors). ~ierle 0. Grimes l•nuary 3, 2005 Page2 S) While the word Haw.;•; iakeslh<diacrilical gjoctll 5"'p('olcina~ lh< word Hawa;ian docs not. This error is found lhroughoca 111< doaanma ond ponicolatly on page I 0 of lhc DEA. 6) The Ha"-aiian pipio(Trn'ally sp.)is iaconttdyn-femd to as an ·utna· on page 209oft.be DEA. The COtTeel H.av.'aiian name fOr the aduh. pipio is uhia.. 7) Simple grammar issues such as missirtgpmctmtion {page 221) are found throughout lhe documcaL The DEA should be lhoroogf:tJy edited before a finaJ En\iroomt:nt.al A.sscssmt'Qt is submined in support of this projtcL OHA funhtt ttquesas your assurances dw ifdte prcjec:t: goes forward. should iwi or Nati,·e Hawaiian w1tura.I or traditional deposits be bind during grouad diSlUrbmcc, "·ork •ill ca.se. and the appropriate agencit-$ will be cootactt'<I. pul'$uant to applic.abk bw. lbank you few the opportunity to comment. If ~ut ha'~ fwtlaer questions or concerns. please contact Jesse Yorc,k al (803) 594..0239 or jrnnii'9hM!y, "() wau iho nO~ c~.~·~· Administrator CC: La France Kapal<a-Arl>oleda OHA Community Affair$ Coordinator-(Kaua•i) 3-3100 Kuhio H~,·-SuiteC4 Lihue. HI 96766-11 SJ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 32 - MERLE D. GRIMES, LLC Mt. Clyde w. Namu·o Admlnislratof Stat(! ot Hawafl Ob of liwNallan Atfall'1 711 l<(ipi'cf.Dnl BOIMYtlrd. Svllo 500 Honolulu, Hltwlli'i 96813 .,,...o.2006 Subfec:C R6$POnM to COl'l'lmonl Lellet d3IOO Jllnullty 3, 2000 IOI' lho Ahuluni to Lydg.iltct Plltk BcyclelPedestrian Palh • Oral! Envlrorvnental Assess~ (DEA> dated Novetrbet 22. 2005 Thant )QI .so much '°')'IX#' 1.11ne Jn rev~ IM Dntn Envil'Onmenrat A~ for the above mentionod path projfld, ~ ~ 'fOCJI eotnmM1.$ tepding Ql1kt, Wilh th# ~~ wo WOUid titro to,_$p0f>dto NCh of )"Ot.11'" .l$suo$ •rd concom# Q li$lod, Proo# lil1d .,a. commont.s ;;, rogut~ typo llM font. tnd tlH> nt$p0f'l$CI to IMICh 11t ihUles. Pllth '1NgrmMt atr.flWM!.S were detetrrlin«I uwous;h •process, which ktduded uvu public. meetings/~ (at» l(hdtlc /or the Wal!Wt Golf ~ leach Df'ld two /or file enot. pro/ecf area) and me.fkto* wlllt.r~~ Nlhe W..VUa GolfCotxffm~ f9PIJMtof'y~ and '"~ The Ortl!t Env#ronmentnl AU..SsmonJ ~ nlfflihg nW!utct., for t!$tll of lfHt$9 meetitips. ~t tm ~. Ulrfre Is no pr&r.mt</ Pf'r/1 ~nt Thi Courlf)' ol Keuai will mM• the flffaJ detttrmirNWon IOf NSJ ~ MrcrmllllW once tJto putJ/11: C(ltnm0(1I' poriod;, oonc/IJOOd and /111 OI me ts.sues hllwt beM itMflttrll.td. Tho Of'IQ of Hawaiian Af'ralr• CJ In~ of )'(Mlt OoClOmber 11, 200$ A:1ques1 IOf «llTll'OOn4 on Ol<O :it»vo li•t:o<I Pl"OPOMd or$d OHA olfOtS thO r()llCMing CQmmOnl$: Our st.an tias reviewed the Dn!ll\ ~ As5M5tl'letlt {l)EAJ kw 1he above sialed pttlCl05ed ~and Ms several PfClllmlnary c:ommenl&. The&CI are· I) Duo to ltio f.oc:2 M ltle AltomatNo 2 "Ugnmonl may ~rdi;c.o tho in(Ogrity or a burlOI lnlemtnl!tll site (see P181e 3.2 Of !he DEA), CHA recommends 11'181 UM .AJtematlve t allgM'M!tll be imp-, So'"""" 2) tr AllemMlve 2. or port1ans Of mil Metnatlve. lstare Chosen. an~ bulfer or at 1eas1 30 h!et s~ be created wt'TOUl'ldi1g h Kuhlo H~ay incemmenl Wt. The blrowlng is an exoecpt on it. issu& oJ tne higl'rdy ;11Hg,1men1 lrOtn !he oommient tenor daied Febtuaty 19,:2006, Melal'ie 011neo. Adminlostr8'of, SHPD. 1'hil t1ltema1lve would require an ard'lae<llogllc: "''W9nl0ty &Irle)' plan.185tinCi1. IWICI may require mooccring because 11'1& P<*flQal tll.iti:f lor llJbl;l#face habitotion cloll0$* end human burial$ in lh9 rouw R~9-Woy (ROW). Deooncling on 1h6 rtnOingt. ruMor •rch&oologlelll WOrk m~ be toq.iirod ir bum.tn ttrMinS ate IOund wiltlln Ole oorridof. ptesetvation In plM:e may be the «tOOtMMlf'ld C)CJlllOn. • Futtner, It! SHPO's COR'llt'llWll le'llef, 'All.ema11ve 2 (Kac>ulatl<tillo Higt'lwey) Is an~ op111on: 104 fill()~ V~ ,,,_ 'W (!R(lf • ll!lAJf.lH C &010• KU 6-lt.-()(M(I (Oii • lO)..f,.U, JlOl ltX) ... ,l'Ul•.\'\D(.O(NV(I COM 3) As much ., possiblo. 1he Q)ntractOI' should ft't'Cid 9fO.JnO•aUft'IQ adivitles .... Mre undy sedlrnelllr. Pt«Somlnale Where po&$b&e, ii WOIAd be a~ie ao ~ el6:sting sediment IO achioYo taruc:iuml Integrity. Thi$ Shoukl bO done 10 l'Nnimim poton!l~l I~ 10 hurm1n tiuri.• and sub9ulfaoe c:ullutal ~ SOnotod ntts protOCO/ l'!Jrld rM::wmnrion will oe ~ectro 1he 11p/NOpfi11re ~s. ~ twli'OI orpanita6oM Pf'°' lO oom.rroctbt oelNii:Joa. 4} A s°""'lallon needs IO b& mao& In O!ie Alc:haeolOgkal MonilOtlng PllW'l lhal al ealV\ dls&\Jrtllng llCllW!in sholM be monilofed by a~ etc:haeologlst.. Thit at~atlon Is .so notod. It Is~ !hat monilOl'lng oca.w oo an •cn-s.1e· basis talhfW lllan an ·on<a1r OJ spot Chedc ..... This .lasoo kJ to l>e ~by too M.hMO/of}icat ltJllNoriflg plan sub/19C1. to SHPO's <tP(J(OVa/, The plan ahookt atso a.uite tna1 one an:haeologk:al monllOt 6hal be ~ oer each piece OI 94lfth dllb.Wtling ~ (I o Olroo .mulal'IOOU5 e,x(;ilvMlool ah:ill f1K!Ulrod lhO prcsonccr ot thr&e ard'l~ieal n'IOf'lieots), Thi-$ i$:11ue la to bet ttddtoutld by tM Alch~ol Monitoring p1,,n $11b/Od ro SHPDS Jtppn')vnt. $) 't\'hllo 1h0word Hawafl t&kes lho diac;n~ glolt."11 •IOp folchl). lht' 'NORI H;rw;iililln dots~ This error iS round llWOughOut N dOCulWll and partlcutarly on C)&QO 10 OI the DEA W• ~ '"ll)WlltW of this eot!Wlflriorl, nnd M'W m.oko c:om>d'Jon$ ll'I the finnl F;A 6) The H~llan paplo {T revalty IP ) 11 inc';otrecUy 1'9ferrW le> n an 'ulna• on Pavo 209 oi lihe DEA The ootcea Hnwalian name tor lhe adul1 papio iS ulua. ninl'lk j'l)(J for UQ cilwitJctll'lofl w. wiR eorroet thlf in the final EA 1} Slmplo gr.tm~r is5UOI 151,JCh a• mls$lng pi.n;iuailon (pago n t) i1t9 tciuicl llvoughcM 11'19 doc:ll.wl'l&M. The DEA ShOUld be lhOrougtlly edited before 8 f"'.nfll Etwir0tlmet11M AsseSSM001 is submlt\cld In wPPQl1 oi IN:t Pf'CieQ. The SMtMCe hQment& 111 t!Ht MHl.mg l.fl\iurea i..111' be COl'f'tlCl6d. n weN as e mo'& lhOt'ouptl pmmm;at/c-'ch(x:lr for tMdQt;iNflOOl o• ~ndfxl 0HA Mt.her roquest:s )'OUf NWt8f'IOCJ tl\il4 IC lhe project goes lolwiard, Should i'wi or NaM HbW:llilan cul11m11I or tmdlclontll deposits be fl)utld during grOutld di$1urb.inoe, ¥ll()rf( lo'rill Ol!lltH, J'.W1d ttie approipriaie agenclu w111 be cotUeled P1Jrsuan1 10 applicabie law. This ~Hue /$ to CO~ by lhtlt ~al Monl'l'orlnQ plMI BUbJr6a to SHPD'& '*/>(JlfO'lft91. Tha~ ytAJ for th& opporiunity to comment. If y()u Nlve runtier QUOSbOn& or concems. plc;11!Ht conl8CI Jesse YOl"dl: 81 {'llOEI) $9-1..()239 O' ilts1'ty@oba O!Q 10•0 lltOki N "'°flll-OW (11(11 • Ut/AU rH (0, t1Cl1D1 l•>J. ( ,, .. oo t4 con. >O),,... e10• Cf;o1} M[All ... \D(.C'l(NVIA COM 2 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 33 - 11-~-petmM:!nv---~"""'-...,.,,. """9'-.0 ....... ~ ... ,,. .. ______ ., __ ,..,,_,,... __ -·"'-~ll>lsf"f)jed Mor1o0 -3 Fitbruary I 4, 2006 l\ilr. Merle D. Grimes, PresiJ.;-nt Merl~ D. Grim~s. LLC 1042 Broken Arrow Circl~ Elizab<th, CO 80 I 07 Re: Draft Environmemal AsSt~ssmcnt Comments Dear Mr. Grimt:s: Th..: following conuncnls are specific to that section of the pathway al \Vailua Golf Course only. Al1t:rna1jyl~. I -Coastal Path Aljgnmrnr Altt~m·ujyt~ Construction of the coastal rout..: of the pathway will have a significant nt:gative impacc on the golf course for the following reasons: 1.6.6.2 Shordini;:. S~tback: The shordint;: s~back is fony feel from the cenitit •• -..J shordinl.' .. which essentiaHy is when.~ the vegetation line begins. As of this asSt:ssment, the ~rtith:<l shordin..-: has not be~n <lek·.nnin..::<l. Thl'= v..::gcrntive line on holes oue. cwo an<l Se\'~lllt:<:n l>t!:gins on the golf cour~. fony foot-t into lht: golf courst'i from 1he t:Xiscing \•egetative line with the addition of the wic.lth requircJ for thot-pathway is a signific-am t>ncroachmcm onto th<: golf courst:. Hole #I: TI1is coukl put the pmhway nearly on~ halfway into tht: tirsl hole fairway. an unacc~ptable conscqut:nce. Rcalig.nmcnt of th~ hole and the rdoc.ating the green would be requir...-.c.l. Therit is no room co rdocatc the grt:~n. Tt\is will also impacc the number ninot-hole anc.l requik. significanc change to the alignment of that b()h.~ coo. The limiteJ spac~ availablt:. in this area mak"-s chis imprncck.aJ. Hole #2: The sccon<l hole will not bc as severely impactcJ bm thc ~ncroaclum.:m of tht: pathway imo the sccon<l hole will also altt:r the Jt:sign anc.l playability ofthot-holt:. Again. an unacceptablc cons...-.qucnc~. Hole#l7: The sewme•mh hol• is Wailua GolfCou,.s<s signamro hole. Theshor1<lin< s.;1back will put th~ pmhway so dose to the scventeemh green that the gr<;en will havc co bt!: rdocac..;<l. Rdocation of thc g~en is a significant negatiV\.'. impact on this holt:. 11te qua I icy of the hok. will be m:mendously <liminish...-.c.l. Reloc-a1io11 of thc gre...-.n is an unacceptabl~ option. Driving Range: \\lithOU( a cenifieti shorulinc, the possibili1y ~xists thac the dri\•ing rang<. nening may have cob~ reloc-a1~c.l inlanc.l. The driving rangt: is short as ic is anc.l shoncning it any more will allow golf balls hit on the driving rang<· to go O\rer 1he n~t puuing beach go~rs anc.l pathway users inj<opar<lyofooing hi1 by a golf ball. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 34 - Altcrno.liyc.2-Kapulc/Kuhjo Hj~hWQ) .. Plllh Alignm~nt A!tt•rnatiyc This is a more acceplable route but one chat s1ill impaccs ch~ golf cours~ negatively. Hole 115. The b:.lck tc~ complex will have to be rdocate<l to provide enough room for th..: 1>a1hway as W'-111 llS keeping th~ 1cdng g;rounJ for ~nough away from 1he l>lUhway chat gol rcrs arc nol bothcreJ by p...:"kstrlan noise. Hole #10: The back tee compkx will ltave to be rdocat~<l to accomnu>tlate the pathv.<ty. Th~ tet: romple.~ on chis hole was relocal~J ·10 ifs prdiait loc-atio1t for tht: purpose ofprmt=cring Kuhio Highway from cm1111 cee shots. Thc lack of space in chis area JQ(.•s 1101 allow for tllle cceing ground to b~movcJ wi1hou1 significantly artCcting the playabilicy of chis hole. Moving the 1ccing grounJ back 10 ils origim1l loco11<Jn is no1 an ope ion due to 1he sufccy conc"-rn.s for 1he highway. Irrigation Pump S1alion: Also impacted in this area will b~ lilt: golf course irrigati.on pump station. Again. sp.ac~ is a prt:mium in t£ais ar<a and reloca1ing the pump station is noc an option Jut: 10 lhe large, unJerground irriga1ion lines going co an<l from chi:. pump st;.uion <-'IS well as the lack of space. Sub-Al1crna1ly,,; l -Ocean Bay Plo.111a1ton -Uinxr Can!.! Haul RaoJ This is my first choice of pathway routing. Thcrc is no impacl on thc golf course. Utilizing the former <'anc haul road ko:eps tht= pathway far from Vt'hicular rraftic. Impact on th..: <nvironme1H is minimal. Sub-1\l!~mmjyc 6 -\Vailua Oo! !' Cours.y ·rsmn1.·J This altcnmti\'~ puts the pathway inn location 1hat brings pcc.ks1rian 1rnnic onto th~ gotr course to tho:.#1 lcdng grounJ and bdtinJ th~ it9 green. As dl.'pic1cU in lhc pic1urcs, portions of lhc tunnd will bo:. hiJden by landscaping. Clun:m golf cours< maintcnanct: smffing h.wcls are inaJequatc to maimcain tho: aJJi1ion of ctiis lanJscaping. Fo:ncing both si<lcs of the pathway from the Jriving rang~ nee 10 the back of !hi,) Jtumber ninl! green will be an C)'\.'SOre. Any landsca1ling in$Call1.1J 10 hiJc Che ICncing bccomcs nlOr\: work for 1hc tlll\:aJy unJcrsmtli.:J golf cou1·~ mulntcnancc C'r\:W. Also. ony thnt.l pcdl.'.Slrlans ure brough1 cbot dose 10 in·ploy ur..:Js. noi5': to golfers becomes un issu"'· Locat\.'\I in che l1f\'.-a near the numb-er one cccing grounJ is sacr,·J Hawaiian grounJ, t\s you huvc r1.1u<l. my first choice is 10 havc no iln1>ac1 on \\luilmt OolfCoursc. I bcli\,\Vc t\111.:rnativ~s I. 2 o nd Sub·Allcrmuivc 6 pr\:.s~111 too much of u ncg:uivc lm1>uc1 on the golf CtH1rsc. \Vailua Go!CCoursc is Hlniiaii's numbcr one municipal facili1y anJ nucJ muong l~e Smte's best golf counics. My Tcsponsibilily to !he golfing community of Kauai as well as play~rs across the Slal< is to maincain the inco:grity of\.Vailua GolfColU'S<. Sincerely, EJ Okamoto, CGCS Exccutiv~ As.~lsrnnt to th~ Mayor \Vailua Municipal Golf Cours~ cc: Doush Haigh Oona!J fltjimoto FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 35 - MERLE D. GRIMES. LLC April 10. 200G Mr, & Okamoto. CGCS Executwe Anitlant to N Mayor Wlit.Jo Mu~Gol C.OUrw 3--5350 Kt.1l'li0 Hwy Ln..,Hl96766 SubjKI! Responte IO Ccmment lettef datod Ff!DN#y 14, 2006 rot 1hD Ahu1ini IO l)'OOll!e Pa!1t ~~ Pi!lh • Ol'l!ft Elt'M)rnnenial ~ (OEA) CS.ocl NOYtmbof"22:, 2005 Deat Mr. OllSllOIO: rhilll* )U.I so muct1 tor Yo<' um. tt Atll'ieWtl'lg ,,.,. ar._1t ~M\'!tAf As~ tor rhlJ aOOYe ~/)llthpt(Jtjod.Md~)"OIK~refllllding'...,,..IO.-WJf!fhls ~. we tllOfJld tilt IO~ IO Heh o/)'OI.#' 4wN t1nd C(,l')C9f11~ •s ~ PloNtl ~ your COltWMtS lit regul~ zype Md fool, and mi. ~ to ettt:h kl lfak$. Path arigi'lment •f'fom<llNO-$.,.. dtl.~tlvougtl 11 Pf009.U. which indvd# th-.. pub(ic moe~ (one ~/or IN WllCll GOif Coul'N l'Hll:h and two lfN thfl flfltite proj«t tKN) and~ with It.Dk~ $UClh as U. ~Golf Conltma"'°OUtrlOllt• rt'Qlhtory agoncilta $/Id ~ 1'*0ntb ~,.,~ ~tnrNfNlorill.llt>.Jlot'ffCholf'hOH ·-The I~ OOflWnefU aite ~ 10 lhat &eCliot'I OI tne paltlway al W&llu:a Golt COIA«! °""! ~d 1t. ON$1* routed ll'lo pilllWtay win l\;lvt: 111 slgnlllcDnt ~llvt' ~on tho Q01f CXIUl'M tor !he IOllotWIO rea~ 1.6.6.2 Shoreline Selbeck... Ti. $h0t'tlh &etOilCk: il fony feet trom the oenll\ed ltl<W9'1ne. wncn ossenoaDy Is wnere tho vegettill!:in lnct begln9.. As of this assessment. the oen.lled si\oteh l'l&S "°' t>ttin <IO(etmin<ed, ni. \'991'1~ Int on hOlef. «19. ~ and MYtnteen be9inl on CM go11 ~ FOO) IHI inlo !he OOlf COLne ttom !he em.no~ line .,,;oi N 8<ldCioi'I Ol ltle widlh ftQUlrod for tho ~l'twoiyl$ it lig""canl ~l<I'*> lho gol OOU'ff. A now~ covtJlicnl'JotJ ~ be ~ priot IO ptm'litWtg II tM pllrilwwy ltrlh wr11.r, t1Ht •tbfrdc.•~wtWt>t~l«lhOMHCtioMoltn.~y HOlo #1~ This t;Olid !)I.Ith~)' noerty one. holH WW)' No Ciw 11rJt hOlo lalrway, llf' u~ble eomaqoenoa. Reallgntnllt'd cl the I"'*' and CM reloeell"'IJ N green~ be requqd. lhcire Is no JOQr!l to rdQc:ate lho groon. This ...,;n al$o lml»Cl tht n~ nino tlOio and requfe Siglnlnc.it ~ 10 11W9 alignment ct that hOle IOO. The lmltea $990& ilVaMalie In tNs area IT\ld!As lhis ~I The {lfO(IOafld acoon i'MlMi Ullt ~of a aond dune mllltltf of &he •.1.1$11nf1 f10ll courw tttfNqry ii t1w1 .,... o1 mo , .. """ ~ t•i'rwm n VoeN n,. P"OPOwl •h W04.Jld"' "' 109 o1 N l'Hl*'Y COMJr!JCHHJ Ml'td ~ afld .. not be loc«.ed on whail ls now. ·~ golf COt.11'$9 -· He*·~ The Second Ide win flOI be b Sewteit)t ~ tlUI In& ~!'C Ol lfle prathwfl.y inlo 1ht ..:onct hOfe wil .n1&o teot o,. OHJgn ~ ptryablily d 1"9 hell. AQaln, en UNIQOClptatlle ..._....,._ ti"" ln'1t.!Nl'I " ... .,, )W IR I •ti '•1{1"1 l 111107 )-46 )j:l • ... }CJ 10llo\N. !"NI~ l)M Mt Ed OkGt1'10l(). CGCS Afri 10, 2006 Page Two of Throe HOie •17' The ae~ lk>ie 19 Wailua Golf eoune·s &lgnalllte: note. The ShOtelne Sf!'U>8Ck wll put Ille ~ -&O do&• ID hi Mveilleenlh !ill'Mfl lh;ll lho Iii'"" wll l\llVCI to bCI ~!Cid. Relocation CC U'lo green it a llgnllictlnl t\e911Ml ~ on lflls hakt. The qua1ity Of ti. flOle wa be vemenclously dminlShed, Retoca!iot\ cl !he ~ Is an Unaiccep(able CJ>{lOn Thlt /llfJl'OHd ptttl'I ~ oe ibe1Med °"' tlte 6lfJfJO ~ uw r 7th Qfeel'I fN'ld d noi o. .seen "°"1 m. golf Q)CAW, OIMng ~ W.choUl a oet1"9d Shoteh. N oosslbi6ty exists tt'IM ltie d!Mig nwioe nieaing tnpy l\J..,. to bCI r~tod Hind Tho drMlg rongo. es li'lOtt N i~it llllcl ~ c any ITlOf• •ill allow-golf bnllt hit <WI 1.11e dttvlf'IO range 10 go ovet me net. pulling b&adl QOeR ancs pothdy usett n~ o1 bW'O Ni by a goif bal. RN/ ·~mem l'Nt;f not NM dererl!'Wled.. u sectkw oi ttte pa&ttway td within UMI ~ ··~ • ll'Mf"" CWJ brcl f9CJU$$,.0, Momatbit 2 -Kpm1lt!K11n1p Hlghwry Pait! Aflgnmen1 Aft!W!li!!lve Tift ll a more~ nue but one lfl8I st*~ 11'19 go1r eourse negallvety. Hole #5: The '*11 eoe coml)kt• wll Mvo IO bo r~led lo proW:lo Cl'nOU{lh root!l tot tho Poilhw:ry n wet 41$ k~ VMI teeing grouno far enough awrrv ll'om ine PDthWaV INK goiters are not boChored by podestrian noiso. Tho f>"J(JO#d path Jn the •rtM of dHt S-~ ow wfl be loc8!od near m. ~ tlftCh. A ~ lllld ~ blJ/rfN will bO P«JPQ$0d betwoM lho bKt U>O box Md P4ttl itr Ordol-to rodtlc:• ~~,s ro goJ/et& A ai~ viSJt. ~ 1'0'I lltld f'ltY$elt Ol"I Mtll'th 7. 2006 con/Jm'led thal this tlPP'Oltdl W0',1 ~<IQ.lo. Hole #10: The bad: tee cornpf$x 'Mn htwe 10 be '91oc1Mtd 10 80COtlWl'IOdai8 lhe palhway. lbe •ee comoloit on lhis l'IOlo Wlls teloentod rob present b:ollot'I fOf the purpo$G Of' ptOtoctino Ku!Wo Highway from erranc '" stiota. The 1-*: ol space in O'lls arae don noc ..,_. b &he '°91ng ~ to b9 m<MMI WllllCIUI. ti;inific:enOy 8'1'Klin9 in. p&a~ty ol lhl• hOle. MoYlng 1"9 teeing gmm bid '° its origir\ll IOca!ion ii not an optJon due 10 ine safe1y concems tot !he ~· ThO' proptJSOd 1)4th wilt 1mp;,ct OJ.IPl'OXima.'Ol'y J' o/ thtJ bOdt too bo.IC, A ffJnc;o and~ tJulffN wl# oe PltMted tJetwHI') the /'Mh aM ~ tee colt kl orw to 19dlft any ,,.nv. il'r"8d to~ • A SM• ll#alJ OOrw.M )'QI 9fld mynll on~ 7, 2'00fconfln'Md lhat tNs ~ ---lnig;.tion Pump StoCion N:tQ impa.elod in Iha MOt wiU bO tho golf QOufSO irrigl,ltion PIMf1> ~. ~ apace iS a ptemillm In mis atea IWld reb:::allnO 1hlt pi.im~ s1ali0n ts noc an CCltiOl'I due io me tetg1. undttgf'oonO ~ Ii"" VQing '° and ffO!Tl 1111i ~ IUlilon ill wen •• the l<Kk. ot .__ Tho~ 1)4t/» would be ~Od ~ lh(f i'r91itJonpurrp ~ •l"ltl hip/tw~y. A lonoo Wil be lnstJthd IO ~'a #Mt #rlg:ltkln pump hOU$tO lrOm Ute p.ttfl. A tile visir ~ t'O'J ttnd myWI on MiWh 7. 200G confirmed ltlaJ tllia apptOflCh 11o-.s ~al.llit. 10 .. l 81t0~iN, llllO'w I • U1/.>ttTH CO &010 J0),..~00-'"tOll•KUt.'61.'09 IX) Mflll' ctMD(.~{Nllll.(0,Y. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 36 - Mi Ed OkGfl'IOfO. CGCS Afl('l 10, 2006 ........... ., ....... -ms 19 my nrst ~ ot "61"""'8y rouliOO There it DO Jr'nC)eicl. on Ille gall coune. UUlllil)!f llMI rormer cant haut roeo k0905 "" potl'Ywll)' rar ttom ~r 1n1Mo. lfn!)Kl en thl enM:inmont is ........ So-Sub:,Allom,i!M! 8-\YJ+!i! ('d '41t11 Tuf'!W?! TM alema1tv. ll'JIS ht paoiway fn a IOc:Mlon NI btlngs ~ nlt'"e Ot\CO tne ;oll course to 1t. if 1 '4>41ing orovnd and WI~ 1ho .a groon As <SopQod .. ClllW pk:l\Jr9S. PQftlorl1 of Che tum9I Wll be hidden by lanOscapir'IO. Cutretit golf C:OUl'Se mairUnatlce scalflng Mvets ere lnedequa!B to ll'lail'lt81n lhlt aCldilllon ol lhG !Md~. Fencing boln sldet of !he P91"-•Y from the ClrMng r.Yl90 nee to 1t.e bilck qi 1t1o numti. nlno 9'CIWll'I ..,,,;i1 tit "' eyetofO, N'rtJ llll'ld~IJW!lil I,.:"*'° to ride lhe leooM'IQ becomes mote wcA fOr !he arteacly understaffed goll COUIM malnlel\llnce ctf!vtr. N$o. 1¥1Y~ ~ '1ro ttougl"ll 1:1\illl dolG to h-pt&y att1111$, nocMt IO 0Qlf(ll'$ ~-nn iSsuo. LOCMed In me •rea !'\Mt the n~ (!(le &&eing Ql'OUnd IS sacred HltwaiiMI ground Tr.con"°"""' tffln 11 worthgon" ~ plrtn kN U. ~ tmd ,,_.,,n.,, />ffff, M.tkl~ o/thep;tlh tllWlpafh MWMiN, N.ludfttgMl'>d~ wlll ~Me~ oltlm•h~olpatlttrNll"nl~ As you have tead, my lirsl Choice Is 10 Mve "° Impact on wa11ua Gal C<use.. 1 belll!w Momaci¥et 1, 2 and SIA>-~ G ~too much°' a ntgaliYe lmpoc:t on the golf OOUIW Wllilull Golf course it Hna11· s number ono mu~ r.Cllity And rated amot1g the StMe't best OGlf courses My responslblil)' to llie go6lg comMIM\lfy of Kaual es .a as plarert 8Ct091 fie Star. is to malnt*! the lnlogrity cl W•a Golf Couru. """""" Thatlk )OU /of Ul#J Ml~, AJ. t/tis Woo. thcH$ ia 1'0 plfl/e«ed pet/I aligl'lmetlt. The COUl"f o/ ~CRll wlll 11111•:0 I/WI fimJJ ~Oon for O..st 41lignmcMt fl\'~ O'lCll tM (Wb&c QOl'Jll7lMt pttiod Is OOlldudttd at'Jd Ill°' m. l$$Utts 1tave Deen itM!'lldied. Thq plMftlirJg llttd pormifrlng '9i"Jlfl OQl'Orff with )"Oii (Jlld ~ th;tt tfJe ~· .ol\leion1 Wf! 11r1t de~ Will oe Ill CMOIWt l'l'ill'I 'fOUf ~ hd ltee to C'CW.tet me /tJnhel' if )OU ha"9 ouw wama or bl.a~ tflla:PlfJi«,t '"*lo o. Grime$ Cc: "°"" -l(lo 1911\l<{N A•AC"l'W(lt(ll • lt•lAtlTH (0 IO•Ot .tOIMfl-oc'o.&A{C)I •tOJ6'68lOIHX) MP•t l~P(.rl Nvl l.((IM, I 1m ~by*-ollb ...... l)tpslmtm ul AlJMtic R~ttt Ilk-K111Ut ~btl~ Cl1•"c'm1dnn. Cootd11lilklll'. 1.a.ci"'"llri. '"''h 11\c :..'Olt1owil b..'Cllllc MJA11~ic Adlm-••twlft,. dlld'I) r.i .. 111it ~'lll-.Jtllle~~ llt'Kwli.l ,. ~1. l•tht ta~1 .u. flll'lldlr.orC11lfllotmM11, I ti.:i• .. W.mm.-1 diet~llllol(lfll°""~l ...-.11~ (..,.. tlk :..';.taicul M-~r111tt1 ... Stt-,~~ Iii ~h!I'-Ol'tlfJ.Allnl\~ ID~ mc100W-1Up111it/11111Af. 'C"A. ._hhrl~a..d· (1111 \)!lb)~~ fllllli"JI ~ ~"lil'ln IOOf-(SJ'Z••-9 iacm li>~'I !kJOt."""' di1h1th;M9'~11nd IO~ b•m-fmm lbc lo(ah ... .,kJ,.._tc> fldd ""111l. I to111m11c to•~ ~»ri4011l~IO inf .. -fl.&w•1·trn11kah-.l~yc~llf P<lPlllilloftC1h'Mln~ 11ic...-niikll\'.llt~nll'du111oflhrlt..•••...._.ailandib<umcna1ion ""'..S.. Tiw ..._........,__........,...~..,.,_-~II• t us"-..., ............ ,lii-W........i-..._....~.!tt ....... _,......_"'"'""..._ ~ ... .._ __ lbm11rt~~"lh~"l\ ,..... .. tlwilan-popul;li111fMlot t~lllll flll ... c9'b Ill di( MllR l .... lli .. l.bnd .. All IN:I kn RCll.'ffll...S '*-: c.wl!...m-or m.y po.11.,,.to~1h1tftllkmic 'l\«ICt~ina 10 llile \ttrmc M.wnul Ms1md ~ Sptne'l A.cl ('umndy a1d m 11~~1. 1t.tw botn. J<..wb)'IW ~ t'fbto(\AJllJQ4~1on. \'(ll11111ttrl. 01p111.r;,1-._11r!IJ 01..o""A \'ll'fl~-l .11:ti'11)' I 1l'tt'11~call\ llh)lll ~ l1{qtolt11, W)lun1~ •l•1«n 1111d ~·Jail•.,,__. 10!• th.tlh.n11hwkdCld 10 •CUOll ~·. ~ If~--"""'' 1$Hl(INoff':alllt11utnln• tltr1"'~ rl~to m:ih,. SI"/ •~l'f(!t«• 1-.wal tw..~111hlnR" .W ~,..,._"\Ill<)· 1~4ol~pid(tq­r.,,. "*"!Iii oc;lk IO I~ f«c. l9'llt1fk11 l*'-.w •• Olll diul 11~ t(\l«lln lhc l~IOf.,,WOfftho>Qlwl\S .&loto· '4.11 1111~ JUC1 eo «can ~IOIU _, n111l.Nf '-l. \\'ill mtrttiin, _, •hlf'k "~ oflbf f!Wlnq -WOORC'lllt (I("-a .. boxoln1111 .:in.iJti!I~ IOOfC' tlwfkqjn& IO_,.. 11~ ~11tiou llf ihci lbw_._..._.._ Ofl4'Jl•~IOl:ldonP1knolr-·1t11.rw1ubdu''ll~•-;a.n1k-~Nllly_..~ I~.-llto.JllL ~ th.afUll k l"".:..itWly 11.wtt.~ .otk-i1 ('11•111W-,,aWM" !oilkl) ~net.1 flt\11("1 ~nJ, ~•m •ilh ._ ~IJ i. .1 51"1 ... ~Woon kOfl.-n~mC'<l l11 ltq> ~ iNMmlcn'll-!>1'7. "-'« "--•ni •hc: !!Clll i.r 11im-.,......,"' ~ "-'~ trt'tlf u" m(l!1i-s «•he: 11w clwirlp lk} ~llClldy "1(n~. ll<.'\-.:"»111111111 t1x;: mn•'Ctklll (lfll" SPZ ·~ 1llt Jaiy 11 t.• l\~C'IWne to my ..,.;i111 thc~or• C"OWl(fQlf~ lo build• tiikp;ith ._.the Ctil ~ tlttd1115 fro111 Anatioe.. II) N.&w1lnWi I ~di.I lhobilA-~h ~·111 bcdollllC ,._..,.,ml p"-t-.t 1*"111 llloe: fHQf f'lln I• Mt~ ftli:lblw.ed (,. too1111 u( lk pl-.. ti •• "') Vff1 OOWlmll dlid tht coo~numi. lllJ Nllbl1>ll!lltllllo(dw: ~I h1lC'flollh will '°'~1111-.._ ..... flt lln•il• enunl tab un ,._I. r mm m) <Vm& lllld pP1 -~ ut luni™-•llttt n!OOl ~' Mui tJ111 un K.W' • l!Nc-lllC'!C thm: we f!b<--n ~!lift di<' bikC' cw.a wll tot ~ "> elia • •hm: i.Nli 9illul.(U, ~lty •• hl!lil 11Jc. U.-W...--1itt ll'Cd la.tty4'Ufl'i"lll.'1Hl)'h) ~~-tht Ol.'Uflron.l1llCJN,lln.l 11l\ntll) 11111\'f!(WW •1la\dwr'e • f<wi-.'ofllo kl Oh<iirro<cthC'~..V ''""°"by l@ok111h1t ""~' ~ lllC' wca, W.eh thcolllili._,n, rof1hc: bll11 r-dl.11111 r1'coe1•~Y "'..._."_,~ml~• .. lll llltft:OC"' '"'¢1l1t llW ~\ib!l.-y ,,,,.,..._ tk ~1, lllldltiinwl i.,.y, M >tnl M~nly u~bc.i;hc:o. •h • 1~·ipu. Olk11J181 lk ~.l)rproplc: ~ O!t!IW ~·-~'t ••I co.111J to~ will Jllf\'tll4 11 &w:t~.._,..tile h.Jbllul""' in• l:t•"C>n'd looi•ic...,. l!l ~ maof1'tfl(d;ly~ ...... U-. )(;&l_ I• -~• 1~"1!1111my~1h.lt 1lw .ult •"istltkk--ramall) '-ICIVI 00111 dw~Plflh. • 11w)·-J.>onMn'n111b:i•-~10thc~•uc:h1111S..-..!-..Ai-.:.1u.-. I 1m .._ ...... tMI ~ '""'O. rt11n1KlcM'•10 ~1111 hM ,_.. biokmfl'unnll b ~ blkt J\ldl 1-~ ••11• ~-lbiric llw im1*'110dlt.ah •fut1n:sc..~""PIW~d..r~lht pmeract of f'«'C!lt.. ~IMC), l!mklillf 1i:1111tn11l• lllld p>iuiblo NMldt' °""" ~ b.:xh _, oca11 K.,,.,.11 l-'..iu• V('M> m.:ludcl (OOI Q.i~l'd}I .. , .. ,,11 W•l•'ltia ("a~.ftjX!tMU)'~~· ...n '•JI lb11, K~·· AC'.ldl('1111111; P.t1\,, 1!,llWll '"41\.1111d tl!<lliea;h In ,..,.Cl! liMct(Mil Rtd". Al li:nt..1 IJr.Kil.W v.;it.. .I)~ llalilf*I,..... 6c'tl¥n'-.l111nuufllwhlC'll. ~_.,...h.~~ 1Ll11I 11111111 t:.....a-llC'_., l~q I~-11'< ~u~ eollllt-t _.,.. Ahdlii l't.,• Cr.!l t.t .,,J Nu~ ~y. -r'-" tht-w ~ ~r.l'.ly ''"""' l!y ~Jucto,.,,•lcJ"ilf!C'I> IMtd 1lioro>u11h l>t"M .. ~hllll) W1ia FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 37 - lk~ol•blkir ........... ~-.rd)-""'"""'""~.,..._f'"tlll-.:I~ ...... l•.,_,._.._,._l .. PW\•l) ....... l• ........ illlis~llOlllt-*"tf"PO!ICld~ ,..bf_.. ..... o1•ii.• ............. .....,.,. .............. _ ... ., r«f ...... .. ..,. .. .,., ,,.....,9' ...... ~·-..... .,~ .. .,.,. ... lllr-1)~ ~., ........... ~.. • ....... Scehlff~,.,..--~ • .._.,., ~c..,,.._c ..... J-....-1.nor\...._c..., ....... ~ s-At.. Lw '--.................. ~1..,._,.h,.. ... ., ....... :..,J~··Wftl-t. ,._., ...... ~ a..4,..f'wl .. ~ ·-... ..,..ceMlldtml ....... ~ ........ ~W,..~ Tlw..,_...~·K*"""'• Bcildl·• ~ _,,.., "*'--'~ ... *"~•.,._._,c-..t)~_,-.-,....,_1or .... -~--.,...att .......... •Jlflr'H ......... ._ ..... *'tl!ordtl) AT\-.... •dintlrnl'fK '\iMIW ftadl'-"--~ .................. ··--~--~ _,. ........... .,....,.,.. ... _,_. .......... -~ .... .. •• """"' .. ,,.,(_,..,..._,..._"""'°"*"Wot,.. ............ ~-••iik... I ........ ~~...,._. ....... ......,. .... 'f __ ......,1u.---1"Clllt lk~-·~ ...... .,. ................... ,....b .. ~ ......... flf .. C'lll\-.,--i ... ..,.,...,..,......,_flffl«f'k•lll k~-CllaCIMM, .Alrftd)·.----. ~·t.1 .................. h.-~hee\tl) ..Harid lllR°'lllk'll. It. .,._.. .. 11int .......... ~ ... ~ .......... ttin1 ...... ~-CW\....,.....lkw~ ~·. ••""''""' f"lliOllWll •f'"l'l«" *ltn-.._....,....,. •• ~ -~ lw.d)'ll!lf, .. I CW! ..... llW .......... .a1 ~a.adwlli~,..... ... ~ tx.:het -helfll .w'4 I(• -1n&Md fuull'h!I M •""41.a. N 11 M ~IO pn;n'\O lk ~ ~ _, .-_.~•tlmlhlf blUfllllh 'flllll ...... ~ .... ...-MW.ta IOftlltlp~ lb ,~ 111 lb ~lo9-.d llwft fllMt'"" (~1£1' r.1'-(m..1 .. .-d \~l(l9 IO .. .cl !'"*<1 lhf. M!lil•) n.t ~let '9•10ntl11) Ni•~ l.,..1110N ~•lti•O .. hlollliM di~ end O'l.W ll~ •1ht NcJnJr-.nl l&...1lnllfl l•l:lnokht•t~ 191111...,....,. ~ u. \ltct..-.y l•IMKI. A••~~-­dt\'C'\op .:-1 •n4 lnm:il<oe ... ti..mwin _.. o( llW """"""-dW (111~ llllf'9C" Oii tile fNflM CCI' llOMICfll .cl •b !op«iet -~ ti(. lllC9 ,...,, «lftMidfnh•M llli• "*'' tot dclM "'11t1 "''"' and fOO'I ••t"tonW11p d' ·~ #t IO~ 1ftd1Juwfie~1t°lll~ 1111: llO'I' "-'10 liir~11111)' Sinttr\'ly, i\tichcl<' Olry MERLE D. GRIMES. LL( °' lr.lldlele Olty ~Cow •aDOI• CoordinlllCW "°"' ~ .. --30ID (in ...... Rocm 30I .... .. --...21.2000 ~ ~ IOComwtU.. ..... -..Yf la tor .... N->JftlOt.f'dQ* Pai\ 8cr$t'P •• Ptllft ·Oral! E~ • ••(DEA) w Dec:i8n.'ber 23 . .... °""'°' °"' 1J'lri ~ _, ~ IOt )'Oii ...,_"'~Me 0tN Ell•WO DI,., . IMI b fN.,,.,.... ~ pMtr prQlllC.t. end~ y04lll OOl'l'WMllWJ" ~....,.. WWI tlW C014't,pOllldeiiM, _. "ffl10tJld W.• fO tNPOftd fO NCfi o/ )'Oii'...,.. Md~ n 6!ued Pfebf lfnd )OW a;:mmenr.,. .. ,...... l)'Pe Mtd ~ Mwl,,. ,.~.., ..ai ti .... I~~ byU"I' Ml• qi ........ °"*'""""'of AQ;J9DO ~ • lhe Kaull!~ Cons«v.i;on Cootdir'IMOr I altO wottc _.,, .... N.Wonll ~ 9f'ld ~ ~.uon. Cl'lllllly tor trte oonMMlllOn of N ~il(I HlwJINn Mot* SM&. In 11'8 la1l sl1t monlht GI"'"'"°~"""' I tllY9 ta'ktn ~ tht rtipMlno GI rnonliC .... ~·kw 1he HMionll Mflrww Filhe'*' ~. ~ 10 hlir•"""""' Qlla, ~od .,.,lfftl lo ..i.r m. wtlPI lhe ~ ol monk""'' w!'ltf\ My hllHl.ll onlO buCNt by pulling. '"5811 ~ .r.ont • (SPl> #'Ound thcwn io ptOltCl in. Ma ttom dlllurbllnoo •nd to PfoMd N.wnont ll'Onl ir,. Mll1ti lft 90di&lon 10 f'llld WOl1\., I contll'lut tiO oo putitlo ~and ouiroacn io lll'llorm Haw.-• r..io.nt. •nd !XlnMllnlly cn.nging '*""1.ilon Of ... 1.-. llbOul •Mi ~ Nlt\n and ~ed ttatin 01 N Hhllliln monk .... #Id •• conNMll#oli l'lffdl Th9rt CM• ""1N rolldtf'd n'IOftk Hlllt ltll!I oot popui.tlng •nd toprodU(ilg on NCh of 11\e m!lln Hawaiian ltWl<ll M thll Ma ~at.0 the "t:&Ollt••nlftlt of my t)Otl!IOn io PfOlOCI this endemic: ~ .ccordlng t0 1he Marine MllrM\111 Att and Endanoeted 5'>ode• Act. C009n'1)1 and in the paist, thl• has ~ donll by lh4I ClOAC4M1od •"°'1 ol VIWIOl.tl ~lnatora. volunioert.. OfOil"llz&lilOns. and Cl.HR tmc>io)'fft Each d.ty I receiw c.111 lrom '''°"'' ~di. volunlttl"J. vhiton 11t1e1 Meidents about monk Mais lhlll ,.~ hluled OU! 10 ""on Kl~• bMcMt "ooulbet NCh teal i. roped off and ~ Mgn1 ••• pc.ced to ITlflkAt • SPZ 10 l)IOteCI Ifie ... trom dltlUl'bllnot 9ftd l)Ut>llQ from "*"1 The~ ~nt fol' *""'lnlt ..... 111 150 teel, but oMn lhete It nol lh&C mueh IP'lt' on Iha bMd't IO f09't Off" lht MOI Nld •llowtor !Nit dlM IOOCMI" ~.net •vW~ llW'id Wllh~ 1nc1 nU11p1e UMt °'.,,,. ~nne tno-1101••lfllta ac ~ 1t 1s beootnlrlg n.:r~ mot• d\1119•9'19 to MlW\llQ9 lhe .(l(lnMMllJOl'I ol N ~w ~..a on.. vllWOtt do not ~how 10 beNM W'Ol.lnd wilcllil•. ~ tnlmW N large n "'°'* ... lhllt cen be potenbelly ~. tO W'IC ~Ing~ -..Y b90Dmet • ...,., dlltNnd E....., ~!ht ..... in a SPZ ~ • ~ ,~ IO kMp P90P11it ftom enttrinQ She SPZ lfdot l'lltMting .,,. .... l:Jy twOWlnig OfJjitcblot Miiking IOuO .... " ..... Mlal • mcftlrlO Ot lhe -~..,~~-~1'9~d1'9$PZIW!JghN~ h --~mrM .. ...,. .......,.. fw iln:i.111)111 .t111c CIMllM) ti..__ 11t....W• Nl.e pada ... Wftlll tW!11~ .... ,,_~1G ~••tr.• I~ .. fw tMic plllh •ii be-Mllt"'col.,._.. .......... ,....,...i... .. -..~"9-........ .t•~ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 38 - Dr, MicnolO Olry MlwO• 28. 2006 Page Two 01 Four n Is my greM concern lhal the oons11\1Cllon and establishmeni ot lhe proposed ~ pach wll ~ an~~ on lhO H.aw;)liiln mon~ $4Ni$, on Klluilli. From mycurrenl and~ ,ecotdl of' locations wtieire mQll'lk so• haul out Ol'I t<oUlli'a bNd'lot thero •rt (lf;:lces wtwtro tho blle poth wlll be very dose: to v.tiere sellh l'\aul...o&A, ~ a1 Ngt'I bide. TheSe IOCallons are Utecl ,..,,,. conslstentty by s.eals. depeAding on !he OGelW\ cond1tiOl'ls, and oftea go unreiporled when lhef9 ;are few ~ eo ob&eMI the ffal. °' ii aen by tocals who '9Q!Aarly frequen1 the area W4h !tie ~"of lht bik4 !>0111. lho ~ncy of numM arid teal it11orte1ion$ wlll ~o*SO iM .... 1111 ••mo pot$1:>ilil'; Of NlrMSlf'l91he !Wli:ab •M t.iman injury, as seen on h6:tYI)' U!Wlid ~. aucn as Po·1pu. Oftoo )lJ$I V'IEI presence ol pec)9le 51andif'IO Oft the beactl 10 otlSeMI e seat comfng IO thote wlll prevent h from being eb'e 10 """' Olll ~ a favored toca6on due to P9C'4>le lnadvort.ontly'(;IOWding" lho se~ In Wnt Of9ill, ii 1$ at50 myconoem lh;lt lho MM"' higt'I Ude moy ac:autlfy hfh.11 OVI on10 Cl'IO bike poilh. M Ny tomc.'ll~ dO on '"01$ 1ha1 t>ro ~110 !tie Shofelne suCh as Lewal and Alomanu Road. I am..,.,... ,hat phase lwo, rrom l<apa'a to t<ealil hils ~$1 brolwo vrounci tor lhe bib pad\. I am ooncomod ....,.,, ls C)Oll$1ruC'.:liQn ll'lail 1'1' ~ to the ~ In lhbl .,,.,_ cen bo ~llVO dut IO IM Pt'etenOO <II peoote, madlinety, builditlQ ma~ritlb .,.. pos:sible ~ on10 the be6Ch ainci ocean.. Known twiul-o.ll areas h:klde cnoc exduslvely) around Wai.t't.ea cana1, especially 'baby bNdt• on F'1jl Bead\, l(apa'119each Co.Inly Parle., Town Park. and IN beach In frOl1I of Hotel Coral Root Thf.s secliarJ b not pM ol ttW pMUJ of me ptajer.t wnkh ;s lrofl'I McJtdnt Pol11t to u.. $OUU1 lll'ld OI LydpJlo PN1r. V04J( COtlCefM '°'this atN ahould be dnc(ed lO lhe rJM./gtl Mtdor petmittlnp team ~ on m.w ph3se of 1"'1 ~ and pedfst/'Nn p,Jth, Mr. ~ HafQI\ with mo Co!Nlty Of K.auoi Pt"1Nc WorkJ ~*" c.:m givo )'OU $1H>Cf{IC$ of tllfl right'*""' to $"""1 ~ ~ris. Al Kealla Beech, the &eab often haul CUI neer l:he riwr and among lt'IEI '°'*'· Going noon. aealS commonty Mui oul 111 K~urnu Beach, Ocri.ey Beach, nel'r lt1e $1l'Nm «1081 near MN,,.,, ac Cl'Kk 1• #id A.t\OIPo&au. Prosonrty, mony ol ll'IMo loc;:t!iQnt •ro r*<!ly vlsllod by ~ Quo IQ pityaie l)f'OJ>er1y and lhl tough beach accessl>llil'; Wilt! &he ,,iacement or a bib palh., lhiS wtl most surety IN:reese the number of tlumaM oresenl and dlsturt>aooe d hi seals. The •IW"$ thal )'Oil mont/otl aeio.. Ml nof w-Chlh o.x sJIJdy •11Nt IOI fflt Ahuldnl to L~r. P•rlt tlille OtldPodo.SttfMPMh lo the PhaMI ctwee. from Lill Pal1C to L'fdsrlte I am asb'lg that !he Inland rOllle lor ttie proposed bike path bo \.l59d Sta.1Nd of tho boil(;h rwi. due 10 ii. Ngh f!'OQUl9ncy ~ ha" outs and 1449 d lhO '"' •long hit art• by monk soall The Uhl PM to L)ldgiN& Paff!: lltach Is slsoflOI wirllln oor sllldy atea. Also. UlO av"l;iblo bead! in tl1it ~ of ~ 1$ narrow ill1d llr°""Y froquionUy oewpiod by tor'ltnta t1l lhe re90ftS ana condOtniniunu in Pap«110a Seats :ire rogulatty found on me beaehet in fronl °' !tie Mamoa Coul'lyard, Cocot!UI Planlation Re!IOft, Kauai c.oas.. ISlal"def. Kauai Sands, Lae Nlri. Ulni Kai. and K8Pilll Sands (trequency being st one of 1heso IOcalions 2 or 3 linleS irt a .... ,. 100 lltO~(N Alllt .li(IR{ • (ll1Ailll! 111)1 IOJ-6A6-1.X.1.t\. ,.. K) <16.-lh II Hx> MIAll&¥.f'l(,n{N·.ftR (OM DI'. MICliele Olty Marth 28. 2006 Pago Throct OI Four ~so four <M1icb ~ f!'Qtn L~to Patlc toAh..lkn it now (111(:1; boirlg consldorod .ond with an Etwlronmentat Assessment being Pff'pated. The beaeh celled •10tet1en's eeacn· 1s trequentty t'50d by fl1hOffTlt1n and~ lhat ch.-• on the ~ .r.o currOfl(ly PQ$4J$ ~ny management prct>lema roe montt te.M c::coMM'lbiOn as seals iwe hMaSMd OOdJc)o prevan1&11 ll'Om ~ on the bNcft by A TVs and venlallar traffic. NukOIU Geach Park Is trequent h8ut out b8acl1 for SOl'is, Wflh Mab olther on lhlt oxpo$0d re.of at low lido: or uo In tho '*'POkll ond botlch grtaSS ""'1ng ... '"°" -A'cper' ~ ltr>d the U$lt Of r*igt (Whent ttpprO{JlutUi) wir ~ prOVtdf)d $0 di$f the ptafhwby iS a puided lltamlng e~ for UMHB Wh6fe they.,. 1auptit OOOtit mattM and ~t0f8/ ~,,., Byomboddl'tig In ttto Aoomlng ~.It eonsciOuSt'IOS$ to~"" mont """'· miprMo.y ltlld reskletlt birds. Mtiwt "°'11, aod natwtlf &hornM"M tem;,1 undistt.rl>ea, we cart go O.yond .sinM ~ $fo11J IO P<OffH:'t tlNI ~tal Md onrloh liS9'$ $inlolll'a!l00il$#)'. ShOf.lld an ~M tOtiOfMiOn ~()I lttts /XOjlld be ~ed in tM f'ifltll ptith ~t. Ute INWlltJon asperA wJN bto&O'oll the bHch. re-NtabA'Sh JDe lost dllne .sysrom, plOhftpr vohkulw tf<J'1fc, iand ~mo norr.i. oeo3)'Sf'Clm on fflCI bo~. If an~ .f.9ri.ope Md~ compottMt can bee~. ~that uset3 come to UlldemlWwJ ltlar ~~ lhO pcHhW9y un 0. cmWonmenl.,,Oy dctWWNo, "1t tHM!e"'t ""' tnOflk Hat populobion. <JM/ ped>qp$ the bird popukltJottt c.an be {J10$ieivof'/ inl/#J!Ctod IYy tl'NI (ll'O/o<;1 11 la my hope that If die Ccul(y °' K8l.Nli purwn ltMt DtOPOMd bike pach lhal II. and ell partlea mdved <Mii llllkO lnllo oontidor.lllion lho nogll!IMt i-nl)aCI II wil most lik.oty kavo on tho ond.:lngcrod Hawaiian monk seals The piae&meflt ol lhe eoncte".e pa11'1Wity wlll r~ luwre platw*lg 8tld ru~ for ltl main~ ill'ld manegomoni ol thO OtWirot\$ ef'OU'ld ii 8$ lneroaaod n1MT1berl of po<lflle Wll be acc:essng the eau ~u. Alf'8ftd')', our t>ead'les m Ke'e, H&Mtl and Pollhallt, '° name a r.w, ani being tlNVlly usect and scr&6&ed. w. Will bMg your coocoms <ktflCU'y ro me COtNWy of Kauai W consitltNaUOtt as rhey rN4'• me "9c.I'~ on lirutl ~mot1t fol" Ulis ph~ of tM /)1.11/t "'°"1ct. Ill la BPP1W9nt Iha! th$1'9 are not flf'lOIJltl te$OUl'CGS and management '° malnialn lh& taciWles and l)fOCOCI lh• ~nvlronmenl 411 Nse: sir.et, Pt6$etltly, ii if dtlk::ult onough 11o l)fOIOCl 1N1 Htrwaillll mook le.ala In the IOcation9 U\at people aaready use, 11'181 I can OOI rmagine "'1tlet 11 wlll teQUff onot lhcl bikt path 11nd ~ bc:IPChef <110 t.M>ing uMd. If a more-Wo:ind rov10 can b4J usod, I Mk than ti be usecl 10 ~eserve the monk seals and WI ll'IO!le places Wl'le!'e ltle bike pMh Wiii go 8lof\g It. coe&t, lt\&1 me-MoUl'ft be laMn 10 m111gate ftl Imp.ad in ill oons~lon and Ulen Ntin ..,,_(signs. raDt. fencing, and vog61ahoo IO hido and PfCMOCI tho -.al•}. This~ hillOric:Olly l'8S been known to be MnMIYe to human dl5tufbanc:e and (ffl1f lime in lhe ~ Hawaiian l$1.'.1nds, ~ Orq>pod in nvmbo,._ as IWORlod on~ 1.ianc:t rt.. ant WINchN ol thl.s OOlrldol' ~ &o rs.on propen/N. e•ther W119f1Ny dovefO(Jed or fl'.Mttfd fct" ... IJ,lopmot'lt, Thi:f iJ ii doYO/Opod Orl(Nt with 9V9I' inac;iNin9 public U# #Ind tho Ctlfl'Ml OOlfd(fJon Wi'l'hOl.ir a coesfM palh wfff ted lfl ateas wfHW lhM> ;s no ee.sy access exCt!J')f lllrough p«~ mol'llf .soM ~ "'°"'"' A CC>tl~.., ptl{fl W04ltd ptOvit/o 11n flftorm1tto1e l'Olllo ttwtJY trom thtt monk .seal lMIJtChing Metts. #the path Is pllle'Od IOO lat ktt-'M. N woukl not~ fhfs h.ll1Cto0tt 10<1? llt('llc1N AAllOW l".llttli • (0/All rH (0 !1Cl1D1 )OJ t-111. 00-Ch tor• IOl,..il 1101 (JX:) M[lltl•'\DGC'l(NVill COM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 39 - A$1i>e-pa411ofgn.-lsdt""'"-""'~~-Wlllhli>eNOM'sN"'°""' -F--end'fOIJt_IO_n>llgoi.oo,,..._....--M ... c:ont1nuo IO~ Ket/ol""" .............. -UMI ol ht-. Cho flAUle .,,._ 011 Cho,,...,,,."'"""""""' Ind Cl-must bl .. ~Oft Into ~fJOn Th4"""' bl -_,..,.., ondgood-.llflOP~ .... _ .. __ ,,,..,..,. _, ... __ ,_ _ lorpo<poury This doN:igr1 llnd ~ ,...,, ~ WOlh )W Ind'"'""".,,. dtolgn -.... .,,. ~..,,,,.., _ """'jOIJf Q)IJC-MelleOGnmes STATEOFllAWAil 0£PART'M&NT or LAND AND NAnrAAl.. RESOURCES DMSION OF AQUAT'JC llESOURCES 1151 PIJNCHe0'1rl'l ST~ a:ooM JJO HONOWl.U.HAW'AD •1> Mr. Douglas Haigh Department of Public Works County of Kauai 4444 Rice St. Lihuc, ID 96766 HTU.f,l'OUllO ---._-... ~--.......,..., •. __ _ MlllCltYl{.M,IJUPJ. --Tl'-·&.-January 9, 2006 Subject: Ahukini to Lydgate Parle BiC)'Clc/Pedestrian Path, Onft Enviroruncntal ASSC$Smcnt (DEA) datcd November 22, 2005 Dear Mr. Haigh: Rcgording the abovc-rcfcrcnced DEA, we arc concerned !hat the routing or the path described in the .PrcfctTCd action may cause adverse im.pac11 to Hawai_iM monk seals nn<l their shoreline habitat. Hawaiian monk seals arc known to use lhe bcacbes and shoreline in the project area for hauling out to rest, molt and possibly to give birth and nurse their pups. lf the path comes too close 10 these haul out areas, seals are likely to be disturbed and displaced by the human activity associated with the path. NOAA 's National Marine Fishcrics Service, the red<ral agency rcsponsible for protection or Hawaiian monk seals under thc fcderal Endsngcn:d Species Act and Marine Mammal Protection Act recommends maintaining a minimum distanoc of 150 feet between bumans and monk seals to avoid disrurbance and possible "take'"' or the animals as defined in the above-mentioned federal statutes. We recognize that maintai.ning this distance may not be practicable in some c°'cs, but it appears that the path as proposed in the pn:fmed action will cause path user traffic to be as close as 20 feet from important seal habiw in SOntc mas, especially at high tide. Tltis distance is generally considered to be too close: to prevent scal disturbance or displacement from their habitat. Considering the concerns discussed above, we recommend that all possible measures be taken to maximize the distance between the path and the shoreline throughout the entire proposed project area. Given the numerous factors involved. instead of our sugaesiing a set minimum distance bCIWCCl1 the nlOkoi cdge or the path and the certified shoreline, WC suggest thar you and/or your staff consult with NOAA 'g National Marine Fishmes Scnicc o.nd my staff to develop a set of FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 40 - Letter to Mr. Douglas Haip January 9, 2006 Page 2 of2 guidelines rcgiirding the best placement of the path relative IO the shoreline for monk seiil conservation pwp0scs: ________ _ Assuming the path is routed to minimize our monk seal disturbance coocems. we would be happy to work with your agency and partners 10 develop education signage regarding the seals and other marine wildlife the path USer> may encoonter. . Thank you for considering our oomments. should you have any questions or require additional information, please contact Jeff Walters of my s<afT at 808-587-0106. Please note that these comments are restricted to marine endansered species c:oooe:ms, other oonuncnts regarding other natural resource concerns may be provided by the DI.NR under separate cover. Sincerely, Dan Polhemus Administrator c: $am Lemmo, DLNR OCCL I Merle D. Grimes Naomi Mcintosh, NOAA HIHWNMS Genevieve K. Y. Salmonson, DOH OEQC Chris Yates. NOAA NMFS MERLE D. GRIMES. LL( ~·0.2000 Suloj<cl. ~ IOC......-......,_ ~9 2008. lar ... NUJl'i. ID L)'dOOIO P"'1t ~21 Wtnhl"·Dnm~,,., •••(0€A)O.lild~22. 2005 r,,...,.,..,..,,_IW Y'>",.,,.ln~rn. Onll& __ ,,,,,,,._.. --P'-1 ------·._.,,..,;.....,. IWt1 lt1d ~.--..... r--1 .. H<hol--·--.. --flnll--.. .. ~.,,,.--ttWlrhll_ .... _,, ......... R_.iong .,._,.,__DEA. M .,.__,NI tno louci'lgol rno--ln lhl pt'lillened edJDn n.y ~ lldwf9 n.-n IO Haw-. nw;w-. ..... mid rr.t' sbarelne -H~ monk Miii •e llnOwn 90 Ull IN bNChM and .,..,,..,. 9t l'le PIOf'ICI ..... for hallinQ OIAlo-. .... _.........,,..,,. __ .....,...__ lllle--too-.10 it.. !IN OUC n<>>. -is nil~ 10 be dlslUll>OO encl~ tit ll>o ,..._ ec:ll.,.y ........ Led_,,._ NOM1NallonalMotNf'_S.-..,.,_lll ___ fot_ol H-n monk -...-111o-~ 5'** A<IOfld Morino M;on-.noll'tvl-A<l ,__ lfllWWWIO •--ol 1sor ... .,.._,....__,,__ "'-------....·o111io-.. -..... --........ Wll--mwQning1lltl-"'"Y"°'bo_WI _ -llUI ii appear'l hM N l)d'I at pmpoMd W. N: pttMtred 8CDOn ... taulll !*I\ uMt Vllllit IO be U -.. 201M1i-impo11 ... --1n--~OIO!gnl.OI no.-la~~ ID be 100 dDle IO~ 168' cllllM"bMOI Of' cispLacemetil rttlM lhetf -CcNlcllnngN ___ .,.,_,,, ... .,_ .. ~.._-bo ...... .,_,,,. __ , ... .,.....,., .... -....._ .... .., ... ~ prcjOca ...... GNIM>lht ........... ,,,. __ .., -"'-~· ... ............ __ .......... ocl;tdlhtpod1_tho_ lhcnlint.Mauggoo1 llOlyOU IOdl<>t\'OUf 118n---110M·1-M..,.,. f ___ llff_.,.........., ...... U.-..~in!I .... """'-"' ll>o pdl ,.._ .. in. _tor""""'...., ----rn.-~--··--oli-rfl dlsogrtttWl"'ICM •• _. ... U.-pelh td«J ~II»~ to JtWJl(/a:wlf«t ~ lndd~ tJ/tNtittg ...... .... N--IMMNe I..,. and '°'9 ---·-""-"'""'• __ ,..,,.,"-1.,.. .... ~-""'!! ._,.,.,... ......... y ... ,..,.,,,OOOUt-----~ 8y~ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 41 - Ml. D.l.n Polh1:1n~ Apnl 10. 2006 P:ag_t ho ofT'-""'O if tho INmif'lv It~ o consdouwMJu 10 /ff .... lfOlll Ha&, miprattwy 111.ld IUidetJf bi'IU, ~ tton., tlllld11Mtmll ~ MrrUi IKl!Nsrwtiod. -C-Ml "° be)'Ond silf\do ~ 3tgns IO ptoled tlle ~.W lllld enrich Ul'llt'll sl'mul!~, T11ls same lfPP"*'h ls etfl)b)'Od ~ tM11atlonal ~ .,$1"'1' M ttNI moinWld whot• ~w.t&\w.tysanctf'Zlilings.,. 149(/ wtth ~-'91• fl) gt,lidt tn. "'°" ~ ttnd Pl1IW"ll tfiJ/!jc Or'lll> U,. ll;NN!o .. _ Should.,, ~-~SfCrl'WJ1on CQtnpcl!NllW cl tin PfO}«t be ~,.,"' l'1e ,.,., pal/I ~t. UJe testtnl!Ma;ptlCll MN twadel? JJto 6MdJ. ~ IJ'.IC! bsf dun& ~m, ptOhiCil vellkd11t tt.lll'lk. orld enhMlce tho n.o!Mr ecmr:it.M> °" UlcJ &HM. Nan e~ s.igluqo ena nHl!tig ~ ,., o. •sttAblW»d. mctt t11• u.ars come IO vndersrM'td,,.,,., lwMng the (Wllflw"Y c:an bit' on••Olvr~la/tf dfftnlCtiw. WV ~ U'rfl monk -.it fll'JP'.Aar.lon, ffld ~ ll'NI bltd poplAf(bls can Cit ~ /mplllct.d ~y fnf P'OJ«,I, MS&lmh'lg the !Mill\ il tOUl«I t(l ITIJ'Wni:te OUt ~ MM disturtlence COOOO!Y'll, we ....oiikt tie ~ lbwortl. will'! )Q.# ~ llndpertnef"l IOCllWelop ~ ·~ lltQ.'lrdlt'IO lhCI seals and o1t1er memo wildlllo •• • l.GClfS m.y Cll'ICOl.Sltor. Whon MP mot Wlfh (k, Jtilff W""111W Ol't Ai.IQVSt t2. 1005, ~for lht Halr.llllJn l&loncb: ~ WhotO~o/rhf H~Mfl/fM ~. ~ o/AQilO(lc~ he Mo°""'9dl0_., m. tNm wirll praphlr;f Mfl ~lot ~~"90 Hie lhO ~---mMf wit/I Or. Mm" C»y, whOm,,. ~Ji:ncwl (hf llWM( o¢ICMA (hf°'"~ for*X-.e!Otg#I~ ...... At• t$SCAll. IJOOril! lht ~ .,.,.m« wM MJml()rty ltlldOotl HollCOd: to d'swss tllis Issue •s -" u tJtiJot omoirmrnwltal J.u&-. Tl-* )O.I (OK~ oor ~ s;houk;I you MY• qquullonJar ~ 11ckllllan:d t'llQn'tlabon, ,._. conl.IQ Joll Waall"" ol my IUltf •• e<J8.$87..01 Ol5. PiMao now ltull ti-. ()Otl'lm(lnt$..,. mirictllcl 1o,...,..... ~ ~ conoems. othlfr~ ttgardlng °"'81' 1\11.nl '~ c:oncemt MaY Die ptQlo'IQed by h OUffl uno.r-Ml)Volll& ooYef Wt~ altd ~It f04" CCll'!llTIM!t """~ ,, ¥04J~ ""1t!W ~°" ll'h ...... p/NM feel ht to gior OllCfl' lltlOl.ch ~mt. 1U •lt~AA;lOw(UU•ll!lAlltH t!HO' •+u-0ou.1on. to•"·'-'• ot fllQ Ml•ll~N.C"rl'.j\o(ll (OM • STATE OF HAWAII OfflCE OF ENVIRONM!NTAt. QUAUTYCOHTAOl Qt-----C>rcttrnbn 21, 200.S Doua H.a.igh Depa11.mct1t of Public Works 4444 Rice Sucel Lihut. Halrtii 96766 Dcu Mr. Haigh: -·--..... .. -.. ,, ~---­·-.... ---·· ----.... Subjttt: Draf1 Environ.m(Wlul Aucumcm (.EA) Ahu.klnl 10 L)·dJ:ll!I~ hrtc 8ikd'Ptdn1rl•n Path \\fc Juve the follOWing commtnu 10 offer. Pbnr2mp1».: \\le v:·ould hkc to C"Omfl)(nd )Won lhe libeml use of ptiou'ltapbs and grtphics 1hrwgbou~ the lcxl. !'he)' att a Ji_-ttat belp ir'I \'iJli31izing lht accivTiy lo tht ~ cnviromncn1. Tuyl-1ic!.cd 21gs1: Pb.st prinl 00 bolh sJdcs oflhe (18$CS in the fillll document 10 mtuoe bull: J.nd Mve on paper. HRS 342G..U fequ.im doublc-$iJC'd cop) in& in all succ and county ~ie!I offices aDd facllltk$. • lamJ.&-: 1-la•·aii Rcvlkd Statutes IOJD-407 rcquirts Ilic u~ of l'tt)ded glass la pi1.vi"8 n~criJ.ls \\'h<ne,.« possible. Fot the te:\t of this srtdon of HRS «Intact ow ofOcc for• paper copy or go 10 our wcb$ite Ill hup·llwww "?'£ hj u¢>ahb/9£9"iodc1-h1m1 ScgmcmMjnn: Scee ion 10.1 diS(\IS.il'5 the six KCtiom of lhc Kwlli Coas.lal Path, each to be dlsdl>Jcd in a s.cpatatc EA. The t1ivirolllJlC'ntal impact si;atemcnt law prohiblts scgmaiuuioo of latg« IX'O'jcccs and r~quittS ~1 f~I dudOSUl'C' ~( itnpll(.U be: m.-de on projecu ltl their cntimy. Prov~ a full a~lysH ar)d d1KU»JOn of all S«CIOf'li that arc a.wnnlly in the plar'llling or pu-plartnlllj: pbue. Tmninofogy: The term "st.1l>--f<'adi'" i$ tlSCd In IM tcllt. Ill tbe final EA define thi5 term. ~: Ill the fit1a.l ~ !ndOOe copies of lll'I)' c;orrcspondtn('c rttci,·ed or s.cn1 bing the prt· <0rl)ult1U«J11 phase ltl 11dd1tM>n 10 lhc draft EA rt\'1cw period. £amiu.: Sea ion 1,4 lis.u pamit.s required and 1hosc PQC«ilialJy required. If )'(JU know "11.lch "ill dtfin.itcty be' rcq.1ircd * the time of finaliiarion of the EA. ~·ise th ii scaion aceordingly. ' ' FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 42 - Dou&ffaigh ~r21.200$ ~I:'? Ia.bk mtt!l!1m1,:. loclus:lon ol the lisui-n and uhiblu in the 1oblc ol conter.1.s .... 'OVld be ''UY hdpful ror 1bc rc\·1e"'w. l"ka..~ l'ldd th.h ro the final EA. If )'OU !\live Uly q"'"1ions ct.II N3ne)' Hclnrieh 111 586-413,. Sfti«rdy. O(J.11/1~ /.t__..1 ~EVIEVE $At.MONSON O!rtC10r c: McrkGrimes.~100.U.C l?/%1115 1'(1> U:%t ITX/k.\ \'(I -\U.ll MERLE D GRIMES. lLC 1'prli 11, 2009 l.l$~$all'noMon .,._ Si.it of....,.. omce ot Etl-vll'OIYMJ'llal: o..iauty e.oneroi 235 5ouO'I Be!9lanla Slfeet. SIM 702 lil:lnl*llu, ~ 96813 SwbjK:L ~ eo COn'lt!'et'lt leatr dltod Dec::emotr 21, 2006 '°' .. Al'llJ\kll 10 lyogate Pt1!11 ~triwt Palh ·DI-Ml EtMonrnontal A.sHS.Vnenl (DEA) da!ed Hoore!TCMw 22. 2005 Thlwlrl')'Oll $0mudl NI f'Ol"Nmtln~ oi. .orM! E~nt-~/'Qr,,. .... ~ ,,.,,.. prOjt1Ct tllJd IUbrnlil"'O Y'J'll commonlJ ~ &Imel mi'l lhll ~. l'f't'W04"'1 liA•to r"'IJ(ll'ldfO Nell Ol 'fO"' .bMI• el'fd oonc.rnt M-.d... RfN.Slt 4ttd~ ~ ln/WflJ~ ~andt0t1r, afld N ~to MM i'laeb. PM!talip'""81'111 ~atJ\IM~ ~fhltXlflil •,Of'O¢&#, MliM ~~""'*"~ (om ~llxfl• W.tlkM GolfCO!P'se re«ll #ld""" kw-me el'lllle prlJj«1 O>'HJantJ meotx99 with 41~ such.,.,. wa;lua Golf' co.i:.n.. ~'·~Of'}'~ arid la~ P,. Dntl> E~ Anewnonl' tndudtt$ n-ring mhuttls for eor.11 ofU... -J.t Uni ""1t, ~""° ~JMllh a1i'QM1M1 The ~dK.ttmll wt1 mnh iN "'91 df.Jllmlinlltk:wl '°'Desi ~r ~ oncet N /NlJliC ~t poriod is COllCl\.lcNd .nt.t"" olu. int.ell bow°'""~ We IR\<o ltlo iollawing conxneni. llO ollor: Ptq!oarapt>t: We would lit.:o llO commond )QI on !he titi.nll use ot phol~ nnc1 gl'llPl'Q lhtoUQtvM ll'IO ~ Thoy .... a 9f•IK ~ In lriai»~ ltl4I 8CIMty i-1 ltlt P10POMO •IWirl;w'«nenl Sott«fl'J W•~)'Ol.#'~Or'lti'tle' rm1 S!pM epe· Please l)l'll'lt Ol'l l>Ofl aiOM ot me l'l90M ..-1t1e WI documenl 10 i'l&OVOe bulli: Md sa-.-e on P4t*' HRS :lo'~" ~eci ~ (:O!))'i"lo ;n ao 5Ulll8 and~1y ~otlcettl'ld~ ~-ponir.8, iw wt/~. tilis ~ ni.numooro1 r J • r7 .,_, :d:os with 1mip1. photo$ Ill/Id gnphics nlllkN O'Je om'Jalnltkin o/ doutJle flO'v9 IM Ot'lllrw liocumonl • mot'll'.llMl!fAI hrsil:. bcA Wtt WW d:lc.iDlrt 4'<111 w.n.tl Is IN$ittlt #I mt ffnlll downn u flJQulrod.. ~ tfaWM ~ S~IM 103°"'°1 rwJ• .. UMot ~"""In ~Ying mlll0fl°'5 ~ poMlblt-itor 11'11 ll:XI OI 1Nt MClloi'I Of HAS OOtCllCl our o!l\oe '°' .e P<!Ptl" «>f?I or 90 lo Ola' web6lle 81 t!l!pJfltt« Hlll!Jll tM!Ml!"'<w!Qu/!!'!!I@; 1111!!1 , .&J f!U";s.H.; A•l'OW( tttl • h!l_.i.tfTH IOtQ1 I f.'l--Oel'6 1 r'\I • 10~ ttal fl orJ Mtt.1 r ...... N,t't"i'• i II (flM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 43 - St9t'f'QlbK $don 10.1 ~ht WlMdati5 d .. Ka,uiCOl$WP;illl.eild'I IO tit 6'clotodint~ EA. Tbl ~lllf ~ stllomtOl llwpror. ~d ~~and~ thatU~dirpl(ll:bt mldton~klrMriolf ~au~..s~olaltiltb:llltMncinld)'inr.t~«P't' --rho Ctmfll' ;N$ittg ol l'le pMf'. ptOjftl IS • lllU 0/ r.d}6I ~ Nt pttNiltld &!lt ~Md.Ofl'rilrlOlolb lnln~llcglt•son.~.As llMJwnmadt ~. edJ1#tfl1*!1 nsJll!IOd, ~. eadlplll'IAl«lllW •"9c"~ MIN Oftt"~dll»plllltptrf'dt»l*'9omndf1Tlht~~~ ~lllld~,,.. .. ~totryWi!fdDyOllW~fealnt llld•rtld l'ICWed .. ""'81!1¥* d lt(Wl « ccqw. ,,.,,.... ... .-. ... _.,~"""""'·-·~121 CfRT/1.11110(GPO~JMlrarM11•~/lf'(l/td. jJ} eo...ctbtjalhW!lft"lt'ldbtd"""1clltwM19'JIOecli:h$s ~NhnO'J I --· ,,.,,......""" ..... .,.,,.-~.._ ... ,,,,.. ... __ . """""' flfrSl'u 11t1tltaoWllWM AtwJ:rll'Dt1. 1 Sl'atthlt«rdpq:Uar~pofi(. ""''°"" """"'"""""'""'.,_, ... .,,""'19..,.,.""'-""'-· ,_,.... -.... ,,......-.....-... -..,.,. ... -"""' bc.-t ll!diJ a p¥t IO~ p«t l/1.'lflfJtf. Ntl.n Ftn. ,,,, __ " .. ,,......,,.,..,J_ ... ,,,wty ...... _ 850.,...,. 1btlt/R¢!or:Jdntd#lt' $lid/" ............ JOldct0$$t. ~ 4MS txeldtdl!f~~ptt#tltOdil•t>OI'! £IMIOM*lt4'~ fd£AI-""'"""' """""'""'" ....... ~-... ...,-~ ltldroot:itail~~~~Wlfw~ Sasodon .,_,. ~ 1ptt1tttt4..._.. ~ii MtJotli»t tit#~.,..,. ...+anmfl'tM -(iJ l'-~ltM)t«~~ It., beuseetitdbea ~~MitllllOadtflicNl~~illl'illr'NM -n.e~,.:.'Je1tW01dl!lt~p.llfl.tiM!l~Pld,.,NdJriPch"Jt1n _ ......... ..,.,. ... _ _,!>r""....-""'"""""""' ~cow!E:elblft~~ "'*'dis ~r:dJl191-~8eedlPwk, ~ C.,Pllt WIJ6d>l'-O'W ldtf,r»~Hclel!WtlCQm.ftllW Wab Got Cont M ~ bic)dt tdy tMN'ied to t.dMll ~ NVtlN Road to 1bt lli'JX¥'I abt'f«•~O'~~ T!!bttg!Ccn!Atla: ~d Ii.~ ...Sl~"ll'l _..d c:onllrtl'fl'Cl;dbtytl'f ,., fer~· ~ lltS ... to"' ..,. EA. s..-.4 ' '•<'• .o.:tQW( 1L1I • l l.lJITHCD tl11 •tt-ooa& • '°""°' l1m #.fl ... 11'11;.C"i~~ "'I • '/(N "-" My ...... Cllll Hlt'Cy ""'*""" • w...t 18$. ,_,.. ,,.......,"~ ...... ._.,_.w1"9fl"l!l.ltln.~-........ -~ _.b9tlCO'J(WJ"""')'CIU~ FMlhtl»OCll'IJMf-Allllw•)Clol~{lllW ~· Olic!MI ~lhlJO!qild -· l""AI OW llUl•l Jlt(H IOr. ..... '* 1 ........ ,.. Miii ~t.:l•O":IM. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 44 - DISABILITY AND COMMUNICATION ACCESS BOARD ~tr. Mf.':flc D. Grimes l~dcnt t.1l'flC I). Critnes. u..c I0-12 Broten Arrow Cirde Eli~lx:• b, Color:\d() 80 I 07 919AlaM• .. ~M Boukvllfl.I. Roo.n IOI• l-loJllO)ulu. l~-.ii96111• Pb. CD>SS641:! 1 cvm.)f)}• ll).x {83S)S86--8t 29 Regarding: Dmfl Environment Asscssmt"m Almkini Point to l~rdtatc Part Sikc and 1>1..-dl'$trian l):uh Path AlllTMlivc Ali,gmnen1s ~1·p.0100 (51) Coun1y of Kauai-Lihuc. Kauai. H:tY.'lii lknr ~tr. Grintes. The l)is;1bility and Co111munic;11ion A~-cess Bo:1rd (0CAU) woukl like 10 !hank yoo for the opponuni1y to f'C\'icw and PfO"ide ad\'icC and rcwmmelld.ations on the Ahu.kini Point 10 Lydgatc Purk Di.kc and Pedestrian Palh and lht Puth Ahcm111i'-e Alignntent:S. The purpose of this rt\'lcw is 10 cnStltt 1M1 lilt Environmental Asscssnllt'nt will 111ke imo acooun1 actessibilit)' de-sign requln."TI'ICtltS for jll"'t$(Jf1S wi1h disabilities. 11\.t foUowing general sia1e1nem should be included in the En\·ironmen1al Asscsslll«ll. Stttioo I .S (:ol)n:.lina1ins A,gcncics: ··AJI ln1iltli'111:s. /ueilirie!I. <md sites ,,/111/I ronfiwm ro applirt1ble /edmd. stale. tu"1 <mtnly (1«4'.JSibility gufrleli1N's om.I sum,kirds. N<n1Y.1ii Rt:1•isM Sui1111.-§IQJ~.SO rt•q11ires all Sime of ll<1111YJil QI' C<JJ1111)' gt11't'r111nt'm /mil1/111gs. /adliries. (IJTt} sirt•s ro ~ tlesig11Nl 11JTd rort.s1rt1t1ed tt> oon/on11 10 1l1e Americtuu 111ith Disabilities Act Nr;.-~·ibility (;uitkliM.$, 11it: Pe,kr11I F'1ir llou~ins Amt:11dmt<lll~ 1\cl. 1utd mlit<r (lppliroble desig,, swndards as adopted 01id onw,KkJ by thr Dfsabili1y 01id C1m1mu11lrt1ti4H1 Ar.n·.s.:t 81xi.rJ. Tiu· lt1t1' /urtlier rn111ire~ "" '"'"'·' tm<I ·'/H!d/ir.alitms preparttl for tM t'onslroctfon 11/ SU1tt• o/ llf1111v1ii IN 0>1mJy Kll'l't:rm!'tt'nl buildings, /adlitles. tmd sires ro fH: rcriewnl by tlw Disability tmd Co,,m1u11i<atl<Wr A<'N'n Boord fiN <tmfan11w1Ce W J/11Ju: R11i1/tdl1ic.\ t.md s11mrlti.rd.t." \Ve strongly i:ncoornge the ust of the foll~ ing ac.xssibilit)' guidelilk's. publishc:d by the U.S. Access Board. TI!ie$t :1cccssibility guidelines :arc not )~t cnf0tttable by lilt U.S. Dc1).,l1nlit'nl <>f Jus1ice untkr che AnlCt'ic;ins with Disabilities Ac:t. oor ha\'e they blxn atlopled by srnte rule;s undef Hawaii Re\'iscd Struute 4103·50. Howe\'ef. these acccssibili1y guidelines PfO'ide guidantt for a minim.al lc\'d of :l1XCSSibili1y f0t those clcmcn1s no1 addttssal by lllit enf(Jf'C(able Al)A Aocessibilily Guidelines. Amcric~'ltls with Ois:ibilities ACI (ADA) Ac:tessibility Guidelines ror 6ui'dings and Facilities: Archi1cc1ural Barriers Ae1 (ABA) Aooes:s.ibilit)' Guideline: Pu'blic Righ1s.-c>f.\Yay, published Novem~r 23. 2005. ADA AcCC$.S.ibili1y Ouidielint.-s ror Buildings und l~acilitil"S: ASA AcC"essibilily Guideline: R\.."(.Ution l'aeilities: Supplemental Noti~ of i'ropost'd Ruk'1n~king. p1.1bli5hed September 3. 2002. Regulatory Ncgotiatioo Commiuce oo Aettssibility Guidelines for Outdoor Qe,·cloped Amu. l;inal Report. published SC'pcembcr 30. 1999. The ab<H'C reflects 0CA8's ad\•K-e and rec:<>nunc11001ions fo.r the Enviro111ncn1al Asses:srncnt on lhc Ahul:ini Point 10 L)'dgate Park Bil:c and Pedestrian Pa·1b and 1he P\l1h Ahemsti\'e Alignn'll.'"nt.s.. Shoo Id )'OO ha\·e any futth« questions. feel frtt toron1.ae1 Gary B:ucheller. Facility AC'C~"SS Spl-cialist. al (~8) 586-8121. t.1r. Donald ~t. Fujimoto Coomy EngillCer l)epa11men1 or Public \Vorb Cou111y of K:iuai 4444 Ritt Strttl, Ste. 275 Lihue. KatHli. Hawaii 26766 Sina:ttl>" l~ANCINE WAI Exccuti,·c Oil'1X'1<>r FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 45 - MERLE D. GRIMES. LLC Ml-Ff*'lmeW. ExowtiYo OiteclOf OiwlblMyMd ~Aooesll BomiJ •10 Atf Moono ~~. Aoom 101 ~kt. 1-i~ 111581~ June 6, 2006 Subject ~ 110 Comtnenl l81Cll' dtl!ed Jatl!Ja!y 8, 2006 rot ht AhuU'li 10 lydOllM Pall. ~ Plllh • Ornl\ Eiwironmonl#As$llS$ITIOl"ll (DEA)dmod tt:Mtmber 22. .... 0.atMt y ... TI!Gnl )'!)Cl .:SOlllUM f<YyitAl(MlO if'll'fVl!bWNtglMlkM Efl~"1 ~I ftJIU. IJOC).'9 mentircmct /111"1 f/ff'¥tlCI.. """~ Y'fJ"' C'CWMieM ~ same. Wil'1 d'h cone~. w&woutt/Ale eo r.S()Ondto Nth o/)"OUl"&Rlof Mid a:n:ioms .u/Wod. ~ Md )OW" eotnmf'I" llt ~-t)'Pe IU'ld fctlt, """ "* 'ffPOl'lH to """" "'.t.oOc:a. p~ ~ thmll""'" ....,..~~ llptQCN$, ~~11YN,pv(ltllc~ (OtN ~lot tflt woav. GO(t CourM r9Wt Md li.o for.,.. "'"fllO/«f •!NV" ¥Id~ wltlt tt.il0holc1M' auclt •t N W.-.0 GOii Cor.IM ~I, lfO"'*'°"Y~ ~ ~ TMO-MtEJ'l~An.srnitm~mHfinO ~f<YHChO(lh<Me -At Ulif '*'», Jnft9a l!O~ed,,.dl•~· The Cl:liurltyot Kawtlld mnh tnit tNI dtl~ tor bolt alignment~ oace the public CiDmllJlrflt poriod Js condrJdod ond el o/ li'ito l1$11N ll!M flrHl't dlnnftOd. Th# ~tll\O ~ AooMs Board (DCAB)WOlllf lb IOiiletlk )'O'I for iiie ~lyllO revlewWOl'OYlffachtce llncl ~onlle~ Poir'll IO l)\10'* l*k BA.e 8tlCf Pe0es1nen Patti and 116 P:m M8!niltr'le JJigntrienta. The J)l.rllOM ol lhll ~ " IO enaue !Nd Irle En111f'Ofrl1Wllllf Anetsamel'll .. labl Into aooounl llOOOSll!iky C10sigt1 ,.,.emon1s b pssons with dlwibilitin. t't.-lolloYiin;~tca1ernerrtlhol.itcl be ~h he E~~t. StQori 1.S Coon:JnotfnO A,gonc:iN:• M buildlngt, f.tolllle!.. al'ld slles 1'111111 oonlOtl'l'l IO apptleel!IEI MOet'tl, state. and OOUN\I llOOlllll>iry ~ MCI t~t. H......n AOYis6d Sta!Ule 103-50 111quirft all &li!e al M--..i or OU!ty QOW1M*1tS bulklnrJI, t.c:i6tles end lllM eo be designod ano c;onslrui;lod:IO c:onlQml IO lhe ~.,.. ~$ Aa~y Guicktlir1". lhl FOO.. r,;, ~ Amwldmoenl'I Ac.a, andOChOr ~design~ at lt(lopl«l SICJ8rntneltd bo/ --~ -~ ~ AcW'9 ~ Th4Jln """* tequires 91 Ol8nl and ~llOnt ~ IOI' lht con&truc:tiotl oe Stale ot 111r•n 0tCOUn1.Y~ ~ ~n ~ 1ooet!MeMdby tne Oilll09!y lndCOm'nihealiOtl Ao:ft$ Board rot ClOlllOl11•10t ti)~ gudd..-Ol'ld -$onol0d Wed 00 ~ VrM fbl$ ~ti trtdudo4.., lhft Find E~llA$$•umonf ...... ,,. ~,. ""'plVWt "llflfJ«f>O' ~or. cfNIQrl .tMldatW .. ~ ~ 8"1lfl'ldfd '1y,,. ~~Ccn~Acce'8 8twr/' ... ">•0-iAI i')W l •l.llAlfn. &fol t>• )'"'-()1)11<1 t.\t .teM C'll ,\ll((lM Ms Francine \Val Alnt6.2006 Page Two CC TWO We~ encourage th& u:se CC ltle follCMWig acceuib1'ty 111*!e1Ns, pobished by the U.S. Ac:coM 8olln:I. TheM ~lltygul6ollnc. oie noc ~1 ~by~ U S. ~nmenit of Juslk:e under lhe AmetUt\ll "'""' Oisabllllies Acl. nor Mve !hey been adopted by WM rules uooer HawarJ Re'<rised &aiuie 103·.SO Howevet 1nne 800K$Gllltygukk!llnes P«Mdesuldance for a nunmat 6tv91 of ~ily IOf ll"Ole .iemonts not 9dclrn5ed b'i l"9 enforCOIOlo AOA. Aocel$iblly Guidelnel. Amtrbns wilt! Oif<lbMlo:s N;A (~ ~yGuldeh1 b &ldin!P and F.oli1811; An::tlitieell.dl Btlt'riors Ao. (A.BA) ~Sililily GuidelilW P\lblie Aighb-<:ll•Wtly, published NoY&O'lber 23, 2005. AOA~lly Gok:Mlines !Of Eklildir!gt arm F.-e~ ABA ~fy Qidelne: Recreation Facilrtln: ~lal Notloe of Ptoposeo Al.lemaklng:: published Septembet 3. 2002 A*i.Jory ~liOn COmrninoo ~ Accetsibillly Gukf.ollnies fOt OoldOot OevolooOd Anilll*, Final Report, pubhtled Septetnbet 30. 1999. OCN ~ of wvloo1 lor ltlis ptf)jKt ~ not ~ tlttlw $ChonMril; or hf do,Jlgn •rwl ~ 0( lh&flMI t>Mh ~We wi1. hOwlt...-, note )'O&ll'•IN)OIMWl)(f:at.iOfU ;ri Hie FWl/tl EJ'Wifoometltat Aue~ and ht PffJ)lmlrtary pl.<tfl dnr~ thal " will compliHf' M part ol otJI _,,,_ The atiov. reined& OCAB's a<Mot ..cl rtclOl'l'lmOndilllOnf b Che ErtvrionmetNll Auewnltl'rt on lhe Alwkfnl Point to Lydgale park Bi'ke and l>edeWlon Path and !he paih Altemaive ~ SllQUld Yo" havtt wry fUl'lher qve:s.ticln$.. ffff hw to c:on1K1 Gary SMcholhw. F acillly Accieu SpecialiS.t. .. (808) 588-8"121. Tht pllmninf;I tJrwi potmltling INm 419reH WJll) )'OU and hlOil t/NI( m.t deafpn ~· we 8rtJ do~ wilt be In Ol)fl('6l1 ~ )'OIM' contoms. FHI fnJO to OOnt.oct n• hxlt• If )"OU hlMI othol" C'Or'aMS or Iden#~ lhit f)IOj«J. Morto 0. Grimes CC: Douglas HIQh 1 "'l 911,'(•• lN.-.ll~CIA l[. U.llAJn" <0 &otor ,t.0)-M~004f1Wf •to1Mt.510lrf~ "''tllUO._'iflG (N'.In (l,o.~ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 46 - February27. 2006 Mr. Doug Haig' PubliC Works Department County of Kauai M.it Rice SlrMl Suite 175 Uhu•. HI 9676G E:xl)f'MS Mall IWtLOl.SI; lll\.UIO!'I Re· AheAOOI to Lydgate Park S.Cycle/Pedestrton P~h Draft Envlronmlff'!till Assossmt!tll r@\ ~ PAHIO R.ESORTS Th.ank you for taking 1"9 lime 10 contact \1$ on Februa.ry 7, 2006, r.gardlng lhe Ahuk.ini 'o Lydga1e Palk Blcyde/Pedestrfan Path Draft EA &nd provktlng lhe mept tor me Path Al10f'native Alignments.. Thi$ lottor Is represen!ing two p~ atong the pf'090Sed poth. Tho fitsl property It What we cal 34 ac11!S/Kt'Ual Beach Vilas II and It the v-..cant tand to the fl0\.11.h of th• Radl5SOn Hotel :iind notlh of 1he of.sting comf0f1 &tatlon The s.c;ond ptopor1y ls called Kou:al Boach Vlltu Md it a c;ol"l<lom!nlum rnort wUh 105 of the lJnf1$ in tM PAHIO 01 Kauai Beach Vlftas Interval Owners Association (Ume shate). 8 unils th.al are owner oc:cupted. and 37 units which are el1het lel\ empty or are in tlan$1ant v:teJtlon rental Ks~I Be=tch Vllfoa:;, Is all ree tumplt qwnershlp: !hero Is nothing .. aMd There rS a masttr ~ssoclatron ror !he $4 ilCtti, K-auaJ Beach V'lllag and the Radisson HIXOI called Kauai Besch Rftson Association ('K8RA") KBRA Is the owne< of the Millon Lano ~ contMtcls to the botJndory ot r.ht Marine Ca1T"4> sfte ot lh9 odgc of the Mot0t Ccou p:iirk to tho axiatlng comtort station) and the existing contfort &tabon. As part of the origiNI Sf\.11\ tor tl'IO propetrtlcs tti.is beaeh acces3 and tho cotnlot'l station wa5 buih ~nd Is maintained by KSRA. Th6 proposed AAema1lve One would bring the bOeyclefpedettrlan pathway aionv the shoreUne of these thfo111 p.opertles. A bridge would nead to be ecn.atruciOd 10 Cl'OS$ lt)t araln~ ditch between Che Kauai S..uch Vila& propeny and Marine Camp. This obf-nafl'/9 would ala.a ¢01'1"1• veJY dose lO tho F Buitdln9 a1 the Kauai Be.-ach VllkJ; '"°"'-The ~lmot.8d co&t for Aftt!tnau ... On• was llsted aa $22.483,200 Th• pu>PoMd Momettve FMt woukl bilng the blcyclOlpt!(t~rian pattvM&y orono !ho Hiiton Lane to tho existing oomfo11 1tatlon. Thia alte""'W. had B1'I adclllion:il cai1 of $$38.000. ?GOI so: 11 FA.I J IOI 241 e.aot llVILDJSc; Dl\'15'~ letter to Doug Haig, County of KaoaJ, Pubic Workg Ahuklnj to Lydgafe Perk Sk:ycle/Pedeslrian Path -Omt EA F ebrviuy 27. 2006 Page Two We \YOUld $Uggest t-o you that you could elimln&l• lhe paymont for tho land ahown in Altomatlva Ono ror the three Pfopcrties Of $2,807 ,000 and c:on1fnu9 to hove lhc:i Hilton lane end comfort statioo matntalncd by KBRA shOuld you k>c81e the bicyclelpedGslrfan p.ath\vay 1.tSing Altcmative Five. We also understand that with tho Ca$etnen1 de<fkatocl lo the Covnty in this mannet, y0u would be ellglbtit for-a 4:1 Feder;al tund match Should thf:s work for lhe County, W(I would be ple0\s6d to discun lhl:s further. On(t of the Vtl')' enjoyable experitneo5 of Kauai Is Ct')at you do not soo tl'Wl ocean contiiuously as you arc driving on th• roadWaya. The !Jlimpsea tha1 you do find tnl!tt the ocean experience veiy spedaJ, At the exlsrlng comfort station, one cou1d easily pauset and rene.ct, and ex;perie-nce what we al'° enJoy. We would offer this as another reason for Altematt\le Five selection. Th•re ls one quesdon U1at arose from l'C&dlng the Otaft EA. In Section G.1.6. Hazardous Waste Sites. thefe ts tistt'1d the Radisson l-totltf and Kauai Beach VIiias wth "No Further Actjon Requited· stated aft•t the names. Th• next item In the li$l is the Llhuo Heri:lickle Mlxing PJant whieh l'la• "Ongoing Supcrlund" de-slgnotion. We are n01 aware of any hazardous westi;, $ltC$ being Jocnted Otl C:itherpropeny. At one time it was a dairy fann, but other than tho! use. we do not knO\V of any other was.te situations. Couto you f»031e '91 us: knoYi whoro this informatfo.n c.vne from and wo will address the is&uo further? One. again Doug. thank you ror taking the tlnia to tabt YAttl me mgard'lng tM Pto;ect. II ''a Wry exciting opportunity for the publlc and one thait shouJd conUnuct, Mahafol M• ke ok>ha pumeh:alla With wann aloha, PAHIO RE.SORTS, INC, a;:~~ Presklent Managlng Agent'°' Koual Beach Wlu S1noeroty, ~~ OaYICI E. Watters Chairman President -AOAO Kauol S¢1ch Vilas Pro&ident -Kttual Beach Res.otl Assocfatlon 03101/0i Wl!D U:$1 JTllRX ,\'O l•ttl FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 47 - MERLE D GRIMES. LL( ,,,_. 71. 20QI Mo.L,..,_ MJ o.ft:IW.._,. . ...,_ 3970WJ1it Ro9d -Ka-. .. •1Zl -~ 10 Col!wNl"le lAOlf--F...--y J1.100I. tor N ~ IOL,.,_. P.-. Dicyda........,P"'-Drlatri.."Ol'U ..... CC~dlled~22, 7005 Olm" Mt. MtCniry and Mt WlllNn. ~ )OCI ao mccft IQr "°" ..,_.,....,, .,_ ar.tt ~A....,.,. IOI,_ "°°"'9 mrttron.dPlflllh ...... Mtd~)"OUI'~~...,. KWt• Q)I; Nl)OI Ide; IOI, _. ttOIM a. to INlifJIWI .. MCfl o/ yOltlf ..... #td ~ aJ ls:red PINlie w )'Oii.ii" oarnmtnl'• .,,._,..,.Md'°"" Mid ..... ,...,.,,...., HCtl •Oka Thn; JOU for ...... the lilfll 10 oor1*t-.. on febNlify 1, 200S, AIQ#diftg N NwkW IO lvd9* ~ Blql~l'IM Plllh Otwtl EA ll"CI ~ e. ~for ... Pl4h Mol'nfll:Mt ~ Thll lellel" II~ two P'Ol*'llN lllono IM PfOpCIMd pl9\ The firsl ~it M1i11weCll3' 9Cl'Mo~ ~ v.n .. II 9nCI ia lht Y9CIN'lt ~so.,,. '°"" d h RaidlNon Hotel Wld notfl of llW •:uNinlil comton a.lion The lecood ~ Is ailtcf KAtulll e.ad\ VlllM Ind 19 fl~ fUQl1 will 105ol 11'19 ._. h 1ht PAHIO .i K8Ulf 8ellCh VlllM 1n1erv11 Ownlr1 AMoOtieion (limo 1t\lltt•. I uno INll •• OMW OCCUCJied. ..O 31 ria which •rt~ ll'fl eMt>CyClt •re In,,..... VilCllllon AIMii K...i 9Nal V.1 Is .. tee .mp1e ownerahiCli 1Ntte It nol!WIQ IMMd Thore It • mtt1i0r ••f0clt110t1 lot lhO 34 ect09. KU Be.ch Wtat •I'd 1ht ~Is'°" ~ Qlllod l<aual Beed\ ~tori AMocl~ ("KORA"). KBAA .. ,tit OWftitr Of the .iillQn lMt (wNcfl connecu '° 11'19 bOund.,... OI 11141 Manne Comp lltt .. , IM ~ ot IM Mocof' C.0.1 ~Ji( IO mo OXil.tlng conlb'l ... ,Ion.} Ind IM bJl.llnQ comton •l•llon .... .,.., ol ~ ol'tgiolll SMA ror lhe IJ'Ol*lln, ,,. bNcti .co.a. •net IM ~I •lfllO!\ w• bull! Nici 11 nll!lln&alned bV 1<8RA. "l)wifr )'O'f,,,,""' ill«mebott lht prqlOMCIAllMN!Wt One would bMQ lht ~ pMnw.ty ~ N lh:lreline ol lheM itv.. ptOQlft.41 A bfldQI WOIJll:I nMd 10 bl CIONWClld IO CfOM, IM *81NQ& dltd'I ~ ht ~ulli 8l!M:h V ... PfOC*1Y twld M#\nlt c.n.. Thie flll"'"41~ \llOIAd •'-:I com. ¥efY c:lol9 IO IN F 8l.llcling It 11'11 l<tl.Ull hlCft VII ... ""°"'" ni. Nll!Ml6d eo&e tot Allemal!Ye Orl9 wn llstllO., '22.'lllOO s. ..... Thi PfOPC*d ~ F""9 "'°'*3 Clflng IN oqdit'il I S I_.., pMIWllay ~ N ~ lW ID IN UJMng combi tC1DOn n• ~ f'lod M 8CldilolW 005t ot S83UOO .. ....,_ ..... l yM McCrory .. """"-ApiV.20ll PIQlll T-.o OI Tl'ne W.wcdd .,......,,_ ... JOU ........... ,....,.. .... ~..,,.. ... ~ Ctne tor .... "'"~ d S2.I07.000 ... COMflUe 10,... .. te.n l..nd..., CIClftlbl .....,,.._.,.bJK&RA.,_..yOu!IOc* .. Mpdll ,...,.., ...... ~ ·-w.~ ....................... ~ .... ~ ............ JOllilWO&Mbe ........ • • 1 , ...... ...., "'*". 9'°""' .. ..;II'\ tiw WW eci..ny ..,. 'lll(dr:I De pllllMd IO _ .. _ So-OMGIW.""'Y~•~d~ilt-)O;ldOnat ..... ~~-JOU ... driw'90tl.,. ~ Tht~ NI JOU Gow.......-.... _.~""'¥ fllPIClllli Al ihe Wlting cornlot\ tUlllOft. ont OOIM ~,,.... eno ..a.cc. tNI ~ ..tw1. .... toerlDJ W•~oltr--•9tdltft-.ofttor~fNe~ So-. There ls 0!"9 QIAMIOn ti* M>N "om l'Mdlf'IQ N OtWlft EA. 11'1StoliOflL1 6 ~· WMM &wt.. U.. 9 lilted lht Rad!llOI\ HOMl 11'111 K81.i811 ~WM wtth "No Furblf Acbol'I ~ .U.led Ml• !ht f\lmtl. Tht Nllt llMI In lhe lilt 11; lf'lt Uhi.11 ~ M!tll'lg.,.,. wt"tl;fthu 'Of'loolng &.lperluncl" ~ we.,. noc ..._., ot Mly ~ wau lllel bM\g ka!Dd O'I elllW ptCIOtny Al OM tltnt II Wll a o.lry llNn, Ill.II°"* tt'WI NI UM. WI do nol la!OW ol #1}' °'* wa1 .. ......uor. Could you ...,. tit ut know.,, 11'1i1 inbmllbOl'I r.aMO ltOM and we wil .ck)' ... 11'11 ... l.M1-.r't ff WN dJfflctJfl to '1"f ~~ .,,,.rbt ~NdtnQ Mtltldotll w.ult 11rt• ltl K~ 8aalc:lllJ¥, lb& H.,w'1il o.p.wrt~ 01 HH/111 rfiQUflWN HN.ltidoul ~Silt #11-Mwalt rn.,. ls • ""' Jo the Env*MmtrtlM Pmrtc:t/olt ~"-thilf GM• lnfOtmtttJot'i •• ...... Tltfrt 4 • /)t(Jtllf'ft w.lltr tttis .CUit\. bill sewrret convtt"NIJOnl wftlt u, Oree. Sunman., • 1~Msot wjrfl tlHt OttpirtlNnf of HfM/) ,... ,,,. Htl.8/'tloW ~..,. •ecribn. •••rM UI /1'1 ow .ll'wt1tJg!NJCt1 Hf/ ptiOnf llumotr" it 80&-586-4'2f. tfHI r. '"""If lt14' '*7lt OI 04JI ~ wiUI iw(M °'about f tl2i· '~°'} Wf.J Clit!mtr!M4!tbt bqft/l lftlt1Jt.1t.1 W11i1n )'Oli .,OIOIM EPA ~IOJoOoll' rtlf (PA ID ft lr1'C£.R:CUS IO'l lotlMNlfliOllM _,,,. ,.,. RfcAllOfT K4'Ufll S.«h ~,. bfwrd .. aii. &II, 0, 51 nw KAuM HJ/too 8Hch Wiii• um " a<.>'1000, 'He> FuttMt A(tlOtl • w. fOtJftd • • ,.~ '91 r· KINfll MMn01t Rnott ' 8Hc/I auo. our ,,,.n..«1,,. o11w-151 N W9 mJld llOf Ind MY bfdt "''"~on At 01 ... l't!J**W ""'Mft.W9 OIN ,.,..,.,,... F"' hf II> (!Ill ow r.wn ~ S.-. ~-#I l4J.US..3" I wtlO wort.ct Md'llil~t)Qol l!llMd'"°'9~t Once.....,. Ool4 .,.... ~ bllMIQ .......... win .... ~ .... ,.... "··~ --*'9~btN~ ... CIM lt'llllttiouid concn.. ......... FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 48 - Ms l.yM McCroty Mr, Oevld Wafcef'l ..... 21.2006 Peige Thr~ Of nvee 11ao planning ond po11nll.ting ~m asiroos wir:h j'OU arrd /o<ot$ tNt tM ~ .so\ltk;rn• wt .,. ~~ wflt bl> Jn COtlCM wlM your c:cnctmS. ~~ lr'H eo «wuct me /tJrlhor tf )'Oil !lave ouw ~<Jf ~ t(>Qil/'ding INS /Jloioa Cc: DouQlas Halgi> 1•Jllll1111-tAll W(lll \•1\ AltlHCOIOl(IJ 11n '"~ C\O.I~ inn. ~ B1c11 lrJ(l Ml '0MOGl"llf•'.l!t,.COM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 49 - _.,.._ ... SIERRA ~CLUB i.......,,9,2006 Kau•'I Croup of the flawnJ'l Chapter Poet Office Box 3412 Llhu'e, Kouu'I, HawnJ'I 96766 Ahuldnloot ...... -~Plllbllnft&r,,;•a--"""""-""''"" Tho Kauil'i ·Groupof'CheH.mwW"i ~Siem Club ll!AppOIU • bic)do pill.Ch f'or Ktilal as • mcw:is of taJICmlti~ tnUpOl'tatloo u wt;ll • fOr f'OCl'Cmtioft. Dcccrminin:s wbicb o( tbepropoMd~UCIM9dw-....-o1 ... L I....,.,_ this.~ ~ .... is o( c:ricicm -~ ol .ani raoul'CCll mlllll: be tbe maa. QOnSidcftdon of IQ,)' cki.'dopo>cn\ or projoor and aba1J be in ClOUlpUaocc whh lUwaii ReviMd S-... Cbap<or 20SA ..t ~ 344-4. Tbe ~ '°""* pmllCllllcld lD the J)nll &a•i: al A 11 ~II 'Deal (DEA) '1WY widdy io tbeiren~ im~ 1111 wea when tbc pMh fOIJowi ~bod COll1oort. A'Wa'f &om the: bcadlcJ. the eovltanmcntal hnS*'l i• tntoiroal. Jn otha' sectiool wbcrc sand dunes.,. cmaip•'*"' to JllWOCt ~ pbdOnrllll. dewdopDCllt woWd ~-e.•t I • ·~E 1 -olihr.~ptlllbs~O.tbc~ -of Al..,,,..;. .. II -°"""'"1 hlb -~ Pol.ot "C" llOd !.)'Opie Be.:b wol.lld be in oorrcompU'°" wilb KRS 20SA « HRS J.44.4. 1bis9CCCkloof_~fl ~a~J*blObe~aloaaa loliS. andy bemdl rdalivdy free of' de 1 ' f m. ?bis route~ aoc cx:iropty wftb HRS 20SA .. 2 Sttn:ic and opea. ~ tc$OURU poliey (eJO) "'ilidl IQIMS, "f.ncouraec cboK dcw:lopmcats d.at we not COMll.l dcpeftdmc to hx:MCI In w.nd trtd° and HRS 20$A. .. 2 B<aclo--policy(c9A)"Locok _.,_ __ d>o __ '°~opeo ..,.or.. minbnia hMf&ca:ewhb llllRnl1 ~proows, and minimi1J0 kiiss of~cmeot.1 due IO oroftoo•. The tee::doft o( l\.ha'J*1'¥11C 11 .tiidl doet • a:aa:c 5.llllalc ot;cc:i:iw:s md polkies is loc:.iied .... Wukoll'i &.ell bc:tWllCll 0 • ~ w"1b ofttio c:O.q oomfM .non 00 Hihoa Lane. coridflUCll 'Up the bMdt Uouling the RadiMon 1-klecLIKllUai &.eh Villa:J W'('• put tbe Marine C.U.p. and oontinms oo the beach iJq tbt WaUua Gott C<u:se to L)"Clgale Plrt. Thb ... islbowo on Mliptl_ 4-, ..S $ of1he D6A. habo -lllepod>_• ..... <11~1--C ·oo,.;.cc_,o "'""'.,.-y ......... or.-...u -111el>eo<h..t lhe exhdns-(Figww 7d pogo :IO of Ibo 01!/\), The""'°"'"" 40-foo< "' bock from tho ""°"line ~ set 1bo propo5Cd blJ(e padl OD lbl rim Of 1be wctlmd aad pamibly widJ.iu h 1 J .... Ofll lbclocldoooElbo __ ,.,.., ___ .,_.,_ 1hccodrc ........ of __ ,_, L~.,o.v-loa PolN C. F'or an £n~ ~to 'bodclLiAdoed &o tut\'e ftO Ill~ lmc-ct a ,..;.....u....,..or • .,......1a_ 1u_...,__.11a 011t11t1 •o~ tt:z• 1n1R1 Ml t4711 p I ...... _ ............... ,,_ \.J..._. MINI VI~ 8062'53101 ......... -. ____ ... ,..._a;...;. ... -...... D p m:.-ofHmrl'da ltDks (J 1~200-1~ Thi 1tutet w • 8Ctioo hll be dt"lenriiMd 10 bavc algoiScant Im!*' "'*' tbe uivlrorimeat if It mccu aoy one of a m.ambcir of' critalo. ~•1 &a. poa.C•L,.._Bcshfs~bdow~ "'Ibo'°°""""" "Si"'111am<c Criloria": Qftcrloll 1 .. lltc11Cdoais¥9'Y8-••·· ...... « ................. ~ ., ..,. ........ .,. C'llllDlnl ~-Smd dune Mbt OCOiliCU usiQa ~ --1. with tddl'iioMI tMd added 00 I CIOOlilnial baisis cwld rau.h hi .nd bdds depot:ltod. oeco ~ mf' &\llm 'WllYe 8Ction ad wlnd. ~tbe roefpa.fi.sb l'acrYCS• tllk ...,_ 'llitlidri locaii r t.chmec IWlmDcG dcpcn4. 1& '#Oa1d t. ~ • Clioa. ilMllviac kl9 or dall t ol Nlw.ll cw c:u1bn1 ~Soda ac6clD --1d Qo t. illDOD CCC J rec-wttb HRS°""*'" 20SA-l(MA)""-..tuob1o......i....,..._ ""'ludmo..,.1),..,.wonopdoo'°" tQirU_W;ce lli:l'VCl'M irupKts Ol'I .u coastal ocot.J*m*" -Crktriea,............,. • .-...ms..,.., ........... .., ... ~ ... ..., its -· ConstNCUi:ia of' a boMd waM>ilcc path ii pn>p>Sed OYl!lr -""' dul• whleb wouW hav~ lhe: poeoa&W of~ <19 ' "=to the._ ..S Cbc besb. ~ tti.em IO -.... Jlcl""D6A ...... _ .......... cl .... _ ...... b die OIUli1 Jll'OCC9 of die oeca•'W occuniat ~ aod .-ounci. the ltl'\lcl'ml•, yet there ta no cvidenoe IO tl.ffOrl \bis spccullllioo. Dr-. Adcller--.. dx ... ..mtile ~for.~ pd wooW be-."-100 ..,,, ... _ _.....,.:lj)O,.,. __ ... __ (A-3 Ooolof;kol SUtw of the s.ordbx Repo.1 OSA) ~of die )lf'OlClmity ofttw WaiJua OolfCoonc co tba boach, it b aoc posdbk 10 pbc:$ tbe ~ .-h 200 rccc oftba \~lino. Thee aht.nlldw ccmidend lbenfiJft: wm to,._.~ p9tlll oa tbetl)p ollht l8l:ld ...._ ertr..iM S· .. hWi.......,lilllitllcid"4 ~~-~d'f«t-tlle eenino~ cw t.v.h-es a eoeaiftliemt ,., lartfT ad'-;" ,,. boerd ~ J*lt ..... die baech would iinol ... cc.raniClllcDt 11) 00 .... ~ ~ Lfdailpdt""'ftOto bc:Jldecad. n.n~ ·-· 00& ............ __ _ Cri4«rio• 11 ••Affen. ... ii liila:.dy .. ,.,,..,. .... .,. Ml-a: leuited .. .. ...... ,,.,. ts•IJ ..................................... ~u-.. ~.::-;~ 1· .. lo~-=::.!=:.::-:.i~~ area, t"tOding bf!tweCln I -2 feet• year. and tbctcfcre would ba\'C "8Qlftcant impact on thil aMronmmtllUy lllmiitfw .... nee -6 durld,. die bcMtt. lllld dtic rod coWd, .mlicl' ___ ... __ _ P.2 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 50 - The OBA {pe(l8 37)-., "It is imp<lltllnt tbost the Hdlcal ~walk Pa1b cen be removed in this ~ since the '11'>C'l\lre would be located ill tbe tsunoo:ol Z>OnC. • In Ibo event of a tsun:uni or bamc...., it is unrcalhde to 11SS>Jme that lhcre WOU.ld be the ti-. lhc llWlp<>wcr or the iocllnallw to di..,_ de lbc '-Mw.llc. The olhu opdon of an ln~ocking system ~ 38 of Cho DBA) cautions lhat-io..,. of tbe l*h-.kl become dlsm-.nled llld "become pro~ or will wa.h out into the_,.,. dwi.._ .ionn ~ts" unless the boards""' anchored by auacrs llld cables. Sinoc thc$c "Y"='S Juve not been tA>stcd o•u" period of time in a_, on:& there can be no-.....-lhat the bomds rm-eilhcr OllCion would not lodOcd l>cooQJC prqjcc:Olca or wub imo Ille -. '-ntinc m.arine life llOd lhe red'. Critcrioe U "S.~ •fr--X,,..... ud,,.... pin .. idaulro«t;,, couary or sblte pJa., or-.HH;" Ah~ I -cbe eoulal plllh • proposcxl alQQg lbs fl'>l/ _.....,._\aid ~tlally am.ct ICMi<> ~of the mouattl.os witb "a oo.iDdl 1hlck llihric. black ehain link rc.ncc to be inslaUed on the eo•t counc tide of Ille "'-d-U. potb" (OBA pace 3 7) The tnlnlsi"" -would bolo vlc>blion ofHR.S Cb8pccr 20SA (c38) which 1191.., ".&sw. lhat oew~ -~wllh lbc:ir vit>Jal ~'by .ies;anin& and localiQ& 11.lCb ~to miDimizlo 111c alt.er.allorJ otD8brnd bmdforms end cxiaiog public views I<> llOd &loag lbo sborelb". Cntcriooi J3 "RA>quina .. bota.dal ~ ~•" Exca~ f<x sand_...,.,., wubiag the ....S lll>d pbiclQf it oo the sal)d dunes undie:r lbc boatdwall< C>o a regular t.sU would require a sub!Qntial ~of enc:rv;y and Is environmaually 11NO.uainable. h Is •bundantly clcor lhlll the""""'°"" cliect abo¥OC for ~ve I, the -i l*h lOQPod &loag Nultoll'I Beach, <Omti1-a si(plillcens lmJ*tu set forth bytbc "SianJJic.mce Cril>Cori&" ~of Healtb Rules. The Rules -an~ lha.ll be detcnniDcd to have al~ iiQjJllCt upon the envinlnment If it meets aey oa. of a 11umbe< or their critaiL The llOClioa or Alu:n.t.i"" 1 bdwe.en Lydgat<i J>mic llDd Cou...,..k>o Point C CIOlliCs llipi&-Impacts on .U of lbe IWJea. Tbcrc can be no compelliaa ......,., to AW!tnpC llCCOmmodation of bk.')'Cla on lhia ~ow aod erodina ~ expodJ>8 a-' d ........ bacbos, Ind tcClfl IO--,. riu. Public access ta readily -.Ul.i.lc &loag the CDlinl ltr1llCb ofNulcoll' l Beach l""vidiQa enjoyment of a 00"5llinc in Its --dc>'Oid of 811)' ~ ..._........ u-1 &milies, fishcrrc>en -vlt110t$ ~ value a nalUnJ e><peOcocc I«!: out tbi$ beach for quiet md soJlrudc,. One of the auldcU-In HltS ~ 344-4 requires .Uaecack1 to ('4C) .,,_copm *PllCC In view ot ha Nlllftl ~ DOl Oftly as a .-uni l"elJOUl'Ce bu .s .., onnobllng. Uvi "I environment for ita peopl<>. • e.-n:te poilbs llOd boardwalb oo bc-chcs ""' exploitive imposltloas tot"'-v.ilo YlllDO -"PP'Cci• nall.l<C'~ wild. unU>uehcd beaury. Such c:oesta1 deYClopment \ct &bo ~with publlo policies. 01/0l/Oe •Ill< It: U ITllRI 1<0 IC7'1 p 3 Ht·rom11u!111h1•I l111ihw•y1 I hi.' muh: \vhkh tlflll~111111u 1111114111• lhi: luui+l c:11\'l1on111u11111l ltupiu.:t wuultJ IK' lht.t ~1.1c1hu1 or J\lu.•rnmlv~1 I rnni.tol 1N'lh h'11Y.ct:o Ahuklnl Jlt,l1it, 1w.•-low, l") ll1111n1nr1'ul11 llt11C!h I''"" Jmd ''mUlnu111y; to t'41unr\:ltlf"lll C'i nr frnm 11iumnm'ulu "''n4'!h 1'1m~ f•n to Suh Ahcmmtlvo l l f1111tr f't1111." 1111111 H~1nJ, t10111l1111l11w, 1uu1h Jh-i,11 rillhe!r or 1h1Hlt11 '" 11 nlh1rn11lh\!• llh.'Mllll~J In lh'-' Ill /\, \~r·111 l"''IHJJilnai thut 1hu 11111h coum:ct uu10 1llllrnlI11nu 1111111t.od1tmlul,V '/0(1 )UHl,.1111rnkrt oflhei elttl111lni~ cumrun 1nutlou (loe:t11ct1 111 Cd1111c:~1ld11 l'hhll U). I Iii• \\'lJUltl ho u dlnK(JUul 11mli, n\!~11\jlng tll!J <Jn1l11r1_,i:.o dh1:h 1•nll •ht1 ~Hltlurn.I b4.l1wc~u ('t.11mcuHun (.'and 1.filmn I.cute, I he •ll~htl)' 1111He 1111111kn 11111hw1~ n~ 11111" 1::011~irucllu11 rn1 Uut hcuuh mul 1mw11hti. 11mtcanh1u lt>r tho 1;e1IRml. bu111llll1ti•1I11oc Iii« r•10h wuuld Qo11tl11ue to t•nn111h;tlu11P•>hll•I.U1md 11 •)11 thu Old ('11110 1 lnul ltou\.I, flli~iuff It)' 1he1 Kmml Hc:11t'h VIII.-• tc•ml• c;mnlJI to Ufftll• 1u1 oxl,.llny lwhly,l! IJ\!ff llUI vn11n1. (l0111lnul11u 1Hm1kh .... r 11119 l1itllH OHl~lj Olltl Uttl r~1HltJIU. It \\-11uhl thllll 1.'i11111ct1 vtilh Al1vrn111lv1 z, ~np11l9/K11hl<1 1 lluhwuy muu~ whluh nm• 1'1ontii tho rnntt~dl 1ldoor \VRlho1 ()ulf Coutli\'I 1111111111 111 l..)'rlv111u l111tti: Yh1 /\lh1tnnto #2 It'" 01u undcro11111dl11u 1h1111h~ h1~t.i 111uli \\OUIJ run 1alo11y; 1h'11iw411l •l1lc 1•r11tc dtuhmllu tlhth •11• 1h1• """'~fl •ldo ol ihe tl~lr t:o111u, whloh wo 1upf)Un, u11d 11111 dh<lll1l1· 11 .. 1 10 1110 hlwllwnl' Thu11k )011'""1ht n11nununlly m c,111unl'111, J llllU \\1il~ll. I "ui•utlv11 <111111mlll~tq 11m111l111r. Kuw• I 01-01111 "r1ho I h1\\·1tl'I Cl11•11l\lr Nhunt C. luh FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 51 - fI • -._,..-....C. NINl l;oiU!<AOt. aetQA531Q1 ••• ·--A!.TSlNATENO. t -·-ALT'VtNATEN0.2 N ! PROJECT LOCATION MAP AH!JKINl-L YOGA T'E BIKEJPEDESTRJ.AN PA TH FeOEIW.AlD PROJECT NO. STP-0700(51) LliVE. KAUAI, HAWAll . / .,_. GEOLABS, INC. ~ a--E-.., ··-----------01.1011/01 .off lll:ff (TJ/RJ NO a11u MERlf D. GRIMES. LLC Mr.Juanweoo Execulfflt Commlt1oo Mcln>er Sieml Q.ib t<&i..aaa Oroup of lhe liaw'M °'8pte1 P.O Box34i2 Lihl.'f, ~-. Haw;11ii 9&766 -2$.2006 Subi&ee: ~ 10 Comment Lener dated January 9, 200$Jof lh8Mukln1 IO l~ Pait ~trien PiJl.h • ttr..I\ EnWoewnontal As~t (OEA) dot«!~ 22.. 200S DNtMt WiSon January 9, 2006 ML«n 10 L)'dO;lte Part Bieyd61Pedeslrian Path Dtaft En'Yif'Onme!Qf ~menc Thi ~ i Gtol.lp of it'I tt1war I CNpeor Siena Q.ib twppo11s. a blC;)'de patn tcw Koauai a:s a "'"ns or oriiernllCiYe lt'On$;p()l'lalion as well es b recroM!On. Deloirnining whiCh <ii !tie l)N)90SOd peltlways C1""111.ff 1ne ieast amouf'll of «HMrorwnental impecl on this s.enMNe coastal area it al criiical lmporta!Q, Prococ:tlon c' nMi.nl rNOllfQI$ mt.151 be 1ne main COl'IPdet3'10t1 of any <lovolQclmonl or proi«t and ttian ~., ocwncifl#llnQ8 wilh Ml)w311 ROVisoo St.'®05 OW:iptor 205A and Chapc« 3'4...4. Sonol0<1 The ellemawe route5-presented In hi Onlft Emtonmootal ~l tOEA) 'fa"J ....tdety In thoit cnvlronmontai ~ an owo~ 111i-nor. ti. p.;alh follow• Mluml ~ contovr•. ~rt trom hi be~ lhD envlr'OnmonW tnpacL is minimal. In octM:tr aecdon$ wtiere Sand dunes aire manipulated io support boen:!Walk J)lettorma.. deo\iefopo1 oei11 WOUid Nwe a subslal\WI tnpaet. Elr.Olmlnation ol N alltmilllvo !*"5 t9V11'tlb thail it,. notihtm ~ or A114rNWvo 1111 • Coosut Pil!h bOtwoein connoc:tlM POinl "C"' And LyQgaWI 86aCh WOUid bO '"non~ wdh MRS 205A«liRS3'4-C. This ~ ol All6mllte • 1 prcip050• o bont<lwo)lk/blkc pe<.h to be sitll'3tod olong • lorCI. Mindy tM!lad\ ttfalively tree ot dll'W'91opcntnl TM tOIJle wOUlcl l'ICll oompfy ¥rill HRS 205A·2 Soenk •nd opeit'l 6paces.«1$0Ul'C89 policy (c30) ....tilch ~. "'E~ lh06e <leve~a lhilt ani not t().tJt 011:.IN""" w Ill l•llllAlllllC 1! ti> ... 1--0'floK>O• I ><II IP<l 1111:) Ml ltll•MC'IC.f'llNV(ll COM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 52 - Ml'. Jullf\WtlSCll\ -26.2006 ~TwOOISU coastal ~ 10 IOceC&"' Wiland areas· and HRS 20SA·2 8eac:h orocectlOr'I pc1cy (dM) "\.oc.io naw atrucllnt lrMnd fr0tn lht &hofclno sctbodl to OCln$OfVt open ~ mWmtn itllerf~ w'fth l\lluaf Shotell':le PfO<:eSses. and mlnlmiUI IOis.s 01 lmptt1Yeme11tt &ie to ..-· Ocne ~~;msi U'le IHJf11W<tY4 /'l'J:endfd tol'Nt0t9 me ~•1'1W'Or'Amenr Tho pnlhW1fY WI# l>e Mod Q lar ~ os pos$ib/e, wJrl'J •minim* l'ool,onnt, 'o rtflOld httd«ont:io wJlt'I COBWtl ~ ~ MStoflWO'I. Tlte PIO(JOSltd plO/tM:t 11.tt berat'I ~ IOCOflfOlm wiUt mo intlfflf M'ld $pint ol 20\SA, m ~. •nd "",...,. ~ ,.mr. c;oe.s;tid ~mot1ta. as Witt as erl1Mlr111» public ~.u ttnd f/¥)ymf#tt o/ &a,.,,. with mirtim.tf •fl'¥'bCt IWld ·~ IO hillln& ff ahOcMI tll$O blJ nMtd that f0!7l'1 OOUld l'Minlwprel t/t(J atBteme>llt "telativflly fiw of dflvelOpmOnt" ~ t1"I altttotNo ~ 1JN9rrmona •r• f1/tJw ~ont IO tho golf cxxne. MSOl1S, OI vBC8f.ll fands UMt moy oecome ~ Thoe s.ecbOl'I Oii Allen'l.lldive • 1 ....tlid'I does l'IOI meei StallJle ~ves and palbet it IOcaltCI llilOl'l(J H!.lkOll'I Beacl\ tle!WM(I Conoecuon C, IOUlh of the ellisllng comfort &iation on Hi1riOn Lane, conn""* up lhe bffch frQtltlng ttio Rtdlssoo ~...-8oodl Viln aroa '*" CM M:irina C:amp, BM c:onbnues on !he l>Nd'l ab'IO ht Wallua Golf Course to lydg.ate Pg This 8tlla Is V1QWn on MOIPS 3, ~. 11'14 5 Ol IM DEA. A'eNe reJw ro tht {JlfMom '"P<lrM'9· ft alSo includes !he paltl ~ al lhlt end Ci! HlllOn ~. bel'Neen ConMcc:ion point C and O. ....Nch ~nlly consi$1s ol a l\ilf'ITIN trait ~ ltlo boKh and llG oxlsling W04land (Flguf'9 7d paoe 30 OI Ille DEA). The feQIJ~ 40.rcot set bfldr. lrom !he ShO<~WOUld set I/WI~ bike !*It on tne rim ol the weli..ncl ancJ PC1651bl)' wtttm te dfpendlng on 1i. tocaboo ol ine --· A prrNrranmy S$$0S$mtl'lt o/ lhe ~nd MINI' W<t;T ~Id in fM$ 81'N /or 41>0 '9!'1$0fll VN!t )QI ~. Fl'Crtt th/$ iti~tJl9&o"l, Mt ~ve tMr there il SU!'rldianr room IO~ thO ptOpOMld Pilth in rttfs 8rN ~ ~ MlfM1 thfl 40-kiof .setb.tck Of wtb'an<J$, H41rwJVW. we wif not bo 4l# liO COnl'inn tlliS UhliT • cortitiod ~ .S1.Wy I/NJ jvriSdichMM wodond. dolinclotot fife ....,,... ... My raieftll'IOe bebN 10 Allemaliv8: • 1 includes aie en111e ienorn Of sanay beach l10m L)dgaie IO c..v..-.... c. So ""'°"· for •rt EtlvlrOtltnetUf AssesSl'f'lel'll io be decermlned io M¥e no aignd'.cant ~ a project. Ill phasresO( • ~ills el(podod ~it& cumtAatMI lmpect and Q ttM:W1 and kWlg tienn el'l«b mu~ meet the Slgnll'lcClnco Crieoria Ml fQtltl by Che Oopor1mon1 of Heolth Rulos ( 11.200-12). The Rules state an ealon anat be dait«mine<l IO have slQNl'lcant Impact upon the envlronrnl:nt if ii mR!s .;iny ono or a numbcl' or crilotla So-. Ntemallve # 1 lrom Connec:don poir11 C 10 Lydgaie 8NGh Is evaklaled belOw 8000ftllng to 1t1e ~ "Signiflc;anQo Critoria"'; 4 I ·r.(t-11\llll..JW I ol•IUtAllTHl(.0SiJ ll) • ._..A 0044 Ofl • K)) tJ6 8108 lf'l ,V.llll{.'AP(.fllN'"l' (!)/\~ Mt Jl.ltll'I Wiltoti -26.2006 P• lhroo ot Si11. Crll•rfOn I "Th•~ trwotv•• .., IR"rvoeabl• commilm•nt to to•.t Of dfflructio.t ol •ny natufal or cu!lural rosourc:n;" 5.lncl dunt enl\ilramtnt uting inipol111d sand, w.cl1 idditlonal slM'CI added on OJ oontinual bllW COUid tHuA 11"1 satld being ~Od on10 !he l'Oflf rrom wiwe bC:ticn and ..md. Jeop:wdi:ing N reef 01Jls fish f'Mel'V9t at ~ upon wl'kh iOc8I tt1b&i5lence fl&hemlen depend. M ~ be CCll'lliclored ., 4ICCion lnvoMno loh Of do$tNcCion °' "'bJrot or QllWnit ~ StlCtl 4ICCion would ino be In non~anoe 'Min HRS Chapter 205A.·2 (bolA) °'Pl'Oleel vnlvat>le COtilat 900$)'$lems. ~ l'fffl.. from dlwolfon.and mlfllimfl.e ~ lmpael• OI"! _. COll$Cal eoosystetM" n,. ~ woc4d not bG •rJdinfl mot'O ~Dt/ UaiWI htu bHn thO/f rliNINf0y in rho pnst, To CtNM thCt Impact )'O(I Oit.scriDe WOUd ~ m1wy illJ/tdfWh ol tllOUS8nd.t tJI cuOlc yard$ ol UJtJd lhal Pli$h ltt. ~ $NWO'lrd.-The ~lion~ wil not~ fht ~of thct W.Werlil'».. NII tnrtwtod ro COCR~ ,,.. ~ M>siM •lt'«:Mg lhia ~ oy ~Wt 9'Nion rote and '&mf)Ol1W">' 8'dllll'lg U. COl)Sf. S8l10 ltlal '-"'""°""from the drJM ar.a Kt m. !Hf wJ11 onfy tio IHdtttd by /liph Wit\'O O~ frld ti» ftl*V)' of ftlO 4M'litClllmMI is (lt'llikoi'y kJ 4l/lo'lt thi$ 8tlttd to be depos.iled. EJ'Oded NM WIN /oNow UM $.8m9 patJtway IJ'Nf PfS'MIJY el'Odtld SMld ~. SOtlW ll)OW1g along$~. $OOM n'ICMhg ~-$/!Ol9 ¥tfld KVIW #Will'Mlil to UN' t>e.tCh ~ fM hlgfi --~ ewtlf. Criterion 1 ·1nvol'Yn • •ub•tantllll degnid;atJon eiiher by its con.lll'\lctlon or by It.I me;• ConstNction ol a bo8td 'N8IJbike pettl it proposed oYer <Sand dunes 'Ntlich would hlMt 1he POtenllill Qt RUPIQ ckgr;,dalkln to !ho aunn n thCI booldt. Olf4>0ll"'!1 ti-om to unknaffl'I ~-Pl){le 38 Ol lfle: DEAdlims uw lhe detign<A !he b()aritNalk •al!Gws fol' !tie nal\11'81PfOC$Uof1"900MM»a~ oc:cumng undomeeltl and~ the ll1\lctlJre•, yet II~'" 15 no ovldonce IO SUC>POtt lhit SQOO.lt.)tlon. W•.,. (JCOflsiderirlg#tO ~ol tt141 J~. A woodrln ~pjoc.d mi>I#• of~ IM'>at IS~ fl'e/ettlbkJ /otbofll econorrtll: and~menfNIUSMS. Dr. Fteldlor !to'llet Nt lhO mota tt1iloblo disl#lnco '°' • blko p0i1n WOUid be lll le&M 100 • ano mo.si e~ 200 teet ~ lrom the ~e181ioo frlO. (A-3 Geologic:el S1a1us ot the ShcQllncl Report DEA) BleauM ol the pro:outy of 11111 Wailuta Golf Courw to the ~ ii 1$ noi. pos$ble to place the bike l)8&n 200 feet Of the wglMalion In&. The allefNlllVe CMSicleted lhefef0f9 was 10 place Vie P91n on &he lop ot 1ne &and dunes. 1M patJtW8Y Wilt o. plflC.ed at me most 18Jtdwn po:slriol.'i pod&lbllt. tffl ...w flOf oe on 1op ol me d11n•£. ratnor It d ei. on ttr. tNWJvo·" ~ CrllttSon a· ffl• lndlvldVaUy llmliM but cumulatl.,.ty N5 QOns.ld.,..,bl• •ff.ct on Ill• envWonmGnt, or lnvof~• •commitment for larg~ •ction;" The board Wl.\lklb!ke pain alot\g the bNctl would inVOl.,.e a commitment to on going beach noullShmorli a ii* po.ill! woro 10 ~ ~ ne ~Is not a ~one itl'Qwauld b8 e>.1retnely oosey TPHt COunry O ~ t/Wno O«\'lOtnC COrlClll'ns ltf'ltJ lho vutOilily of l'undinp l!JQ "'PJ)IOKh is Clcbhg~ To oorrea )'(Ml<1esct6XiM. the ptOjtlQ don IWlf PfOPO$$ bfHtcif oouriShrotttlL JI fJl'OPOH$ W10 AIStonabon. 1Pli$ ls fl0$mitl di~. "sour-~ 1$ not~ ro winer wJUJ daily waw Pf'008'$.$6S. 101.1•0J.fl~1<ll•'\.,I '•lttAHTH 81" tAt.-()l)A,,,(()flo ~~ 810li.llJQ Ml lllt~N.l"lNVll <OM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 53 - Critwkln 1 \ "Att.crs or Is l!kety to sidfer d11ma.ge bf being lioQbd In an 1nvlromnent.tll)' Mn$ll:f\tt ttel, SIJCll l!J • llOod 1)1111'1, ttUl\llftl ion., beldl,. .otiOft prone ...... goologk•lly baUrdous land. tt-lu•ry, fraslwr11te1 oc co1sbl •ro:u;"" This MQion ol All~ 1 It tn a""'*'"' i:on.. on• bMdl. and In., "'*°"' prone--. etodrlg bl!tiwean 1 • 2 ll!tll 11 year. and ~would Ntve significltl'l lmP«t on lhs tl"MIOlimo•utr ~.,,... T1M" Nnddunes, It-. bNcfl. aic1ill1'9efoould 1Uifttrd;lm9 from ..,. boCll'd •nlklbiXll 1)111\ ~tne~nattnolme~is~b)'ll'ICM#'lty.OVr~ lndQwet lNril mMI d the shole a~.s M)SilOn IQsocU!r«I' WIWl 1"gfJ w.we ewntt and lltlt ~rJ.ty~. Thelffnese~/liglt1'f\N:ol~~dc>pt'ftfl(ll• ~ end the deS9t i1 thes. a'NI Ny l'IOI bl slnfaNtlM -IOI lrlis IMS(Jtl we ll't propoPtg •lfitwn(fl/~ atld~"'9..,. of,.... $h0t.MI""' ~y" ~.#IS 04X ~NI~ tM dl.#telwllt't NfldwJll at.SISl itllablll'Ulg fhf COi.Sf I/NI ut«idng lf'lrt Ide o/ tho !J"lllWJly Te> 01t w .. lfQ it not•~ ~ tJtld If wtr MJNWlly(Jrf ~ O'ftl'NiOn.00 l'tffdfO bl ldl!drllWJt ~.Of! IJ.Jrl.wiot,""' ~ 01~ Pf& eo».11tom.scoa.s&.lllCaSS1111t rs~~ ltlltClt, W»S COfl.ddeir4 it fl.tkl lnldo9!/. (),,. •fl)K( ol tho dtsi!711$ IO~ OIJI .,...,~ o/ tl///I Villtlltyd ~19'$~ I/NI If# IS IOt.Jtldto be t!IWitWr:IMt..,,.ttnd 4!CO<IOIW:df) M'.0!"11.1, if OfhtSlhfl~d ~pubk ~.,..,•aareollyllCN OJists The OEA(page 37) ....... 'l • lmpond tlWI IM. Helca6 Boatdwt6. Pall'IOM be~ In IM ._.-..,,. ~1•1'!0.iid be locil:cd In lhA ~lOM • li'l lhit tYOntol a lJUNml or hufricano. itil ~lo O$fl.lmO Iha! ~would be lht llmt. il1" ~or Ille~ IO dittn8l'lllll: lhe bOer11#8lk. The Olhec" OClllor'I 01 .. WI~ system fpeoe 36 OI U. DEA) tou!JIOnl lhl!-l«lionl or 11w p;111 COlM tJOCome dilmondld ond "boootno projKUos er 'NI wllsl\ o..A inlO ei. OCll8l'I duMQ Stom'l IM!Mlt" unle&s ll'le bOWOt eie ~ by a~ atld C8tliet. sn:e 1ilete SJSlems haw not been llOslllld OV« a period d 111ne In a eoulM •ea ihete ctn be no ~ 1r. lht ~tor eii,,.. ~WOIJO notlnOMcl b«.om9~or wnhM'llO ltlt OOMn, harming tnOMe ~ 111'1!1 lhe reel. ,.,.,. "" vtllid COl'Mletll8 aM '°' ft* tM.SOtl Ille ... ~ IOWMd -~ cpllOlt tor,,,. das.igl o/ U'IO ptl~ IJJld mclWl!1 *> 8 ttdLcecl USO d ~ lft1' simpieo Sllf'!ti anchofs ~IOPilrfrWY M9'1'1'Mfl. Crflonon 12 ~su~t!d)' .tr~ts sc..nlc <At~• .-id vkw p11nt1 l0tmft1tc1 In oouMy °' SUft pl ..... « S.Wdl1s.:" All~ 1 • the eoost#polh •• propo..o *'II ctio golccxno would~ ollocl ~vistas ol tllf ~di "II OllHim lhidc.f41bric. ~cnaln link fence 10 tll ~ en N 90lf CCIUlle licM ol fie DOdtdw.lllli: fll/lll" .DEA. page 37) ~ WllNw.ty,t ftdUCe ~. ~--NbMCltMain W f'*Xlll as PIOIJIJIJtdwoutrl't.t..e tho JeW mirilmtl ~. *' our (lpinlon. than Ol)l1lpltt'Od JO 04l'tflf ut.l)' /«a ~. n... IW'l4i'Yt ICActln~ ~ ... ~d ~so.pi., 20SA (c38Jv.nli:h ti;11-. ~ ihe1 ntwdtl\e!Opl1.e.n are ~fible 'll'iih INif ~env-.otwnem bydfflgninO and tocati'l(J IUcit dovlllopnortt lo ITWWniati Iha al!Ollllion ol n;illllll loo;llom. and abling puOlc views k'I and lkw'IO lhe ahetelN\ t.MI} llOllk 11,JV. (ltl{I • l lJ. !TH( 1')10 ~rt00~6 I • ..... /Ill 11 o,., Mllt.' O,V.P(.[)l tNf •CC' Y Mt. Juen WAsot\ -26.2006 Pege Five of Six In ~lol) to lho uf.wy IMt:o. Wit hwvo "1$0 proposod OxtonSNO ~'Nk:nt/Ofl of~ Bartd dUrle ftfld eltlng tne e<tpe Ol lhtl (/(JI/ COt#'M llrirh ~ plOtlt•. These (JI~, ii dtsignOd t:t;'JllrKtly COUid mlto\o' tl1t1 lonott impact ~iblo. C,rt19rlon tl "Atctl'lrt• 1ub.Untlal tnOtgy con1-umptlon" Exeeva11ng tor aatld sources. wMhing U... sand and plac:ing d on the taod dl.C'le$ Ul'det 1"8 ~rdwllolk on • R»gUI• bati• woukS roquiro • ~11111 consumpcion oC oncwgy 111rd 11 ertwonmenially un~o. W• t~O tfl'-ls a~ NJdWlD' I~ addirior»fl lnlfNl'JQ'at,bn, II it ~cty ,.... .. t Choll lhel ro_.son• Q141C1 abo"9 tor MornWYo 1, lflo 0Qll$IDI p>t!h ~ ..iotig N~I Be8ch. oon&tlllM • Slgnidlcent 'Wnl>8C'l M set forth by IN "Signll'k:anoe Crltorta· Otpa11mont ol HOllitlh ~*-Tho Rules It* on action thal be dct0m'l11"9CI 10 havo .q,itlcanc ~upon ltl(I ~ W It moets any on• of• numbet ol ti"* criteria, Thlt &eCClon ol AltetMIM 1 ~!ween Lydg&te Park~ CCr'lnecllOn Poitll C Cl'Htff sag.,1~ lmpacu on ., .. OI 1ti. Rules. TheRI c:on bO no comOOWng ro:.son to •ttoniPI oooommoclallon or blc)'dff on lhis NWTOW nnCI eroding coasline elfP(llllng sand dunes. b8ache$, And reel• to unneceHatY ri&k. Public iKlCfiS II ntoadlly .... a1101~ along ,,... Onllt• f.11"'ch ol Nukoli"I 8Nch ptOYlcling ~ ot a COillllinls in it• nab.Ital ~•te dovdd ol ""Y mooom.iid41 sl!Ucillres. l..oc.al ~. filhormon and \'ftitort wno "91ue a 1'18b.lre experience seek OU! ~ beach k1f quiet and SOiitude One ot the guldolne& ft H~S ~-3'4-4 ~·all agoncies to (.4C) ~open space " view-of ilS natural be&Jty not only as a tWl#'fll fC!SClul"C& buc a~ M ennobling. living envlrOnmenl fOf 1-. ~ • ConcrM palhl iW'ld ~at<I Oil bNdlo$ ~ 9lqlloiWO lmPQ1llion110 tl'IOM whO value oner apptecial(I nmwe·s WJd.. uniouched beMlty. Such ooeSUI de\'1!4opment iS also lnc:ongruor11 <Mt!\ ixMc ~. l..lnlotrunltloly, mueh of tho putJlie OOCHS IO this a».tl IU pnl'Jlmt is by motor vehido UutJ It.ts ~ .sigt)lrlC4t'll ~ Jo th# o\11'19 systwn W• aHk 'o ~t• Wlhict9 '9C'C$$S damaoe With m. propt>$Od fNJtll lllnd dUtle &ythtm. The.bw ~ t>OMt"'lfNc ~ tlMt Won~ o/ the thM fHld mn. no tfJiNnfP. WO<Jtrl ~ P'l'$Ol1$ a plw:. IO w,ailJI'. rido w .. and eocN• tilt c:oa.s.I wif'hOIA ~ lllt'Y d~ .-ucf1 as trntr trom $OClitl tf9its a'1a1 een now be &eet'I ellOf')g the Clt'ltint CO(J.St and woutd bo ~ ro OMlJ()I 1" th/$ wny, ,,,. bQan:hn~fll cnn OG ooru·Jdomd 1t pMt of 'hlJ aotutkwl. n« me proOftrm RKOMM•nded Path'W•y: Tha rcueo wf'lk;h ~ to imPQ50 lho 6o.tlst onvironmor4111 lmQ41Ct would ~ lhO MCbOn ot Ntoma!Ne 1 c:oe8'8f patn between MIAl.ll'li ~. passing by Haneme'ulu Bead\ Patt< anct CC1n1inuinQ to Connocllon C; or from H:.nNM· tAl Be>'tdl Paflt on to &lb All.On'la!h.,. 3 ~r C... Haul Rood, $QnQt .. ICJ.J) lllOION AtlR()W(llCll • ti l~AUTH CO flJ!<31 IOJ t-l~-161011 • jvl "'6-f11lll fl ,0..1 MIAtl• ..... N.ttfNVl•WM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 54 - Con11nlklg l10l'th IWOm elltler 01 tnes.e two al&ema&Ne6 ~ 1n ine OEA.. we"fe P">f>OWIO """ tl1' pa!h COMO(;t onlO Millon i..ne JIWtOllimfiloly 7(XI yDtdl ~ of the •xitting «M"f!fon sWllon ()Cleeled a1 CoMectJon Pc*lt D). This WOIAd bee diagonal pe!J\ IM>iding 1t1e d~ Ollcti Md 1"9 .....c&ilnO between ConAKtlon C Olnd Hllotl !..line Thi dghCty mor9 ~ l);llt!wwy ll\loidS OOl'lstf\ldlOn on ll'lt beadt bl'IO ~ ptOtetliOn IOI' 11\& ...etiAnd ff'()m Kfl:oli l,.ono !he piaai WOUid continuo 'O C<wlnodion Poinls F. G •nd H On IM Ol6 Caino Mlll" Roao, pas.~ by 1he Kauai Beach v.ees tenl'lil IXUts to cross an eKiStlng bddge OVet 111e canal, oonllnuSig mauk:a of the mok> c;:tV6$ llfld polf courH h wou'd 1hen CQm8Cl with MtmacMt 2. Kapu~ Hlgt'lwaoy roure, ~runs~ 1M mauka side t:A Wailua Goll courw and ()t'l ICt L~ P'art<..,. AJ!Mnale 112 11lsour~1t1a1 itie bike paltl 'MillJld run 9k>n1J lhe mobf si:lt ol ltlo dnlll\ll90 Otc:h on Che """*"' Sidio ot U. Gel Course. ""'1idl we iUQpQtl. ond noc dreetly tleXl to tne Ngnway. ~ )'OCI fO< tllis .-itormatklrl. At fhiS ""'9, Nf9 J's no pre~ paUt a~ Tho CootwyOI l<#(.la# wl/l mf~• ttte flnlfl dor.tnWl.cion W bOSt ~ o~~"!IW crnce '"° puOlic ciommMt petiotJ d ~ ltntJ IJI of the fSscJ&J be\'& ~I lde;Jtlflfld_ 1ht phtnl'i117V df"Nt ~ tHm lltJrfft wfth )'C)cl Mtd IHI! Wit tMdelign ~wt NO ~ wflt b9 NJ~ with yoc,1r Q)l)CMIS. Feel he ao contact me Jc.vthot" rf 10'I h.f\19 oUJior CC1t1CWN 01 ~~IN$ P'Qjoa. Merlo D. Grimes tQ"IJ: lll(llliN A«~C'••• IU"lt •I l lAUff"! C 110101 till t.lft-()(W~ (f)J} • IQ' ~t1Q4 (I )It) Mllll OMOC.Ol•r.t .. C<.'M M1. Doua:las Hni&h r'"'. • ,¥, . \exiJ ...... Ck~rtmmc of Public \Vories.. County of Kauai 4444 RioeSt. Lihtae, HI 96766 U.S, OEPARTMENT OF COMMERCE Neiionel OCeenic and Attnospfieric AdmW!istretion NA.TDNAl MARINE flSHE~S 5EFMCE Peeillic ....... ~Of'lioe 1601 IC ....... llM .• SUt.1110 HrOnoUU. .......... 9881«100 (808197~93'1. ,.., (808) t13-a941 JAN Q 4 W06 Subjttt Ahukini 10 L)'dgate Patt Bk)"t:lt'lf>cdcstri20 Pith Otar ~ir. Haigh: It~ recently come to Ilic attention of the Pnxccccd Rtsour<:Cj: Oi\•ision, NOAA Fisheries P11dllc lsl~nd$ Rcsional Offx:c (N~lFS) I.bat a draft rnvi.toruntntal !\$SCS$mCnt (DEA) has been prepared for constnlClion of a bil:~dcstrian p111h a.Jong the e3.1t toast of Ka\lli. N'MI-"$ submits lht (olk>v.ing commct1ts on this J'lf'OJ>Ok'd prOjett. Tht Alrnkini 10 l.rdi11tc Parle 6kydc/PC'destriat1 Path follows a route '''hic:h carries it J>O$l 11 beach lha.1 is known IO be laSC'd by Hawaii.an monk Stll:S (.\fomxlna sch,mi111landi) as a haul-ou1 .site (01 resting and possibly for pupping. The moll): $C1.I i' Listed as endan~ttd under the Endal1$~ Species Att (ESA), and NMFS is the fedml ag.tncy mpons.iblc fo.. l1~ir maJU~menl and protection under the ESA. It is c\•klcnt from the OEA that !his projec;1 ma)' affect monk seals. both during the COnMrucdon of the po.th alld as a rcJ.Ult of the po<et11ial for il'l(ttastd human prtsencc ncu the beach. Under I.he ESA, whcnc\'CT 1111 .ctioo that is authorized« funded by 11 ftdcral lli(nt)' (in this ca.sc. the f*llll Highways Administ.raliOtl) may affcc1 11 listed Sp«ies, cons\lltation v.ith the appropriate federal t.g.tDC)' is required. The DEA makes no mention orNMFS as a oonsulting agcncy on lhis projcd, and 11 $C'Meh or our~ could find no indication !hat we ha'~ bcen contacted either by your office or the cons\lJtant wbo has prepa~d the DEA rcgll.rding the impacts to monk: seals. In Ot'C.kr to me~ your legal obligatiOf'ls undtr the ESA, ii i.s r«ommendcd that )'01.ll' offic.e prtp.VC a Biologjcal Asscssml'flt of the <"ffttU 10 monk sea.ls and inili111c ihc consultatioo proccu with NMFS. \Ve will ma.kc t"\'Cr)' effort to c.xpcditc this procm and wodi: 'Aitb )'OU to reduce the impecu io monk seals. \Ve Mvc alto attached a ltd or n:wmmcllded mitigating measures dcsi~ 10 funhcr ~duce l.bcsc i.m~Ls. Our ~iarinc Mammal Rcsponisc Network Coord.ino.tor, David ~ho field • ...,;u be on Kauai Janlllry 25'* aOO 26'* He would be willinj toarrangc a mttting during lhis time to (a) '~.~ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 55 - discuss this \\ilh )'OU o.nd facilitate the C()()S)eration or our tge:ncy on this prQj«t. You~ contkt him ot (SOS) 944-2269or111 the cmo.il addrcu dfyjd ghofitldf@DO!!;i goy. Tha.nl: )'OU for v.'Orkin; Vlith N~iFS to protttt our ntuion"s living marine rtSOUrtC$. Should )'OU luve any other qucstiom rt~rdlnt thi.s project Of the consuh:ttion process. pka.sc too.tact Jayne Le Fors on my stoif'at (808) 944-2277 or :11 the e-mail ~rcss ja\•nc ltfoa<'O'noy.a<W. c<:: ~icr!e D. Grimes. LLC I/ Sineertly, ~ r '/cJP Chris E. Y ttes Acting Assistant Rcg.ioMI Administtat0r for Protected Resowccs Genevieve K. Y. Salmonson. Director. Office of Environmc:n1al Qu3lity Control Jcfftt)' \\lahers, Ocpo.rtment of land aOO Natural Resourtcs ~timi 011)', Kauai Moak Seal Coordi.nat0r Ankhmtnt 2 Auachm-cnt To forthtt minimize the poltntisl for in1eractiortS bctwttn prople a!XI monl: snls, l\~tFS m:()t'llmmds you COl'ISidct lM fo1k>\\in& mitigation mtasurts: 1. Pl&nt veaC'latioo (i.e. mupaka) bctwtto beach vea.s and the p.ilh to scrve as a natural OOrricr. This '"¢id•tioa would not be mcui 10 inhibit beach a«css. talhc1. it wouJd be in1cndcd '° fonn a visual barrier thm minimizing disturbance ofmonksc.als. 2. \Ile rneounige the posting of signs along the path informing people of the pouibilityof monl: sea) haul-outs and proper bcba'lior in the presence of monk sea.ls. 3. \Ve cncoura~ placement of the pith u far inland as possible in order'° mMimitc the dm11ncc bctw('.cn people and monk seal.s. Catt shouJd al.so be taken durina the projcc.fs oonstructM>a phase to avoid internctM:>ns Vlilh monl: snls. Be: low we ha''C lisied t Kl or protocols "''C recommend be ronowcd to avoid these inttra«ioas. I. A su:rvcy oflhe project att.t should be performed jl.l:Sl priof tocommernmmt or rtswnption or eomuuetion activity to ensure that tlO monk seals arc in the projtct arc1. If any monk seals are d-ctc<1M. eoruuuctioa acth·itics mUSt be postpoacd witil the animal(s) volunwily kave the area. 2. If any monl: $C:tl enters t"'° Stt'a during the conduc1 of com.ruction tttivitics. all activiliCJ rnU$l cease until tht a.nimal(s) ,'Ofunurily depM the area. 3. All on-site project personnel mU5t be 11ppriscd or I.he st111.1s or any protected spec-its polenti.alJy present in the project area tnd the protections 11ffordcd 10 those spcc-ics \ll'lder Fedml l.11V1'5. A brochure eicplainina lhc laws and l'lidcllne$ for procected species in Hav."3.ii may be downloaded from http://'w·•NY.'.nmfs.noaa.go,·!prot_rc~1).f\VatcMiawaii.hun. 4. Any incidmttl We of monk sc.als must be reported immediately 10 mu:s· 24-hour hotline at I ·&88-256-9840. Information reponed mus1 include the name and ~number of a point of contaet, '9eation oftbe incidcm, aOO nature of the take IUld/()f injury. S. Appropriate best man11,scmcn1 prat:ti«J (8'.\iPs) must be implemented as o.pplicab!t 10 minlmiu turbidity, minimiu s1)t'tiCS distut~~. and to avotd I.he KleMC o( pollutUIU intO t.ht Wll.tt. 6. An)' intake pipes on project·rdated equipment must be screened Of olhuv.ise OOl'lfi_gutt<l 10 C11.5Ure the PfC''Cntion or enttairunent of pro1Wcd $pcCiC$, FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 56 - MERLE D GRIMES. LL( Mr Cl'll!e E v.ies N:bi'IQ A"4WC Reoiotlll Acl!'t'WllWllOf tot Proleoleo ReiOl.ll'tel U.S.~ Of COtntnerc:e NOAA P.atc l.a.nds ~Office 1601 ~Blvd .• Suillt 1110 Honolulu.Kllwnil 9M14•29-ll M.:if'Cfl 28. 2006 &ibJecll Response to~ U!ll«dae&O """"IM'Y •. 2006 tor N ~1olyd08i. P$t1i; B~ionPalh· Draft~ Aueumen&(OfAlcla!lllO~ 21. 200S ~'°"tor~t.i'l,.~~if'NI Otttt E~<JI~ fOftM•ero.. "***'JJ4th~Md~ml'lf'f(Mll"~~...,,.., W..ut• COl'~,we*Ol.ldit•10'"IJO(ld'«>~off(>IJfissvtStw1d~•Nli#fd. PJe~ fitf(J )'O(ll'~I'$ .,.regoullr l)j)t tndob'll. lll'td N~Joeoetl *'ab. Pet/I~ IM'M!oi!Net were dd~thrtlut;ft•~s. wfrkh~ !lll'M /XJ/Jle~ (,,,.spade: lortho Walwr Gol/~1'1«11 and MO "7 tho "'11".h.ptOfOCt llntll) lllld~ llllif'l ¥1.a~adt •• tht# W.-W Gdf Cocno m.wiogomont.. ~~end ~ 1hf iblf~llf~ilcftdoll ~mtnufN/O'~o/IM# -Al. """ em.. """" 18 "° fJfMtred PMJ• ~ 71'lre Cot#!()' Of Kava/"" mt4'f .,,. ,,,._ ~14'dM kw NM eNgMllNtt Ml'fllM!Mt once me public cotmlMI petfod is COl'd.Jdt;d Md"' "'fl'lil iUUN ha,,. Oottl idMfifi«/, 'ti !'VIS nlCCll'llly ~ IO the ltllltCioo of Ille Procedod Resources DMaicrl, NOM FISll«in Pacilic-blancls Roglotlat Offico (NldSJ hf a clftlf\ el'Mrol'wnenlal OllnSl1Mll"ll (DEA) IMl1 boon propllt'Qd for ~ ¢ • blQ.'podotlrion ~lb alollg ltle •Mt cioast of Kalllll NMF$ ~ ino folcrw,;ng cormientt on lril$~ ~. Tl\9 Muklnl 10 l JdOa$t Pai11" Oll:ydlllPecJNNrt Pach IOl9oW5 a l'OIM, 'M'tOI C8f"'9$ It put e beach thlt ls a..nown eo be llsecf tJy Hawaiian~ Miit (~ ~> n e ~ •tot re~ 8"ld l)OMii.t IOr ~ Th& mot11t teal it lhtoct as et\det1Qe1116 under N Endlfl08!90 Spooet Ad. {SA). Al'lll NMFS It the feder9I agency r~ lot t"8it m11~tand ~undo!' thtESA 11 • •v!Oonl "om ttMt OEA 1N1 thi• ~ mov •"9cl mot* ae• t>otti <l\IM!J ~ o1 ltlO pall\ <Ind 8ll a l'OSc.llt Of 11'1 POIGl'lll&I tor WIC:fMMd human P'1'M!ICO 1*11 lhl bitath, Ulldltt ll'it ESA. ~., 8C*ll'I NC at<kAhOrized Ot '4.lncled by a fedetill 90t"'Y Qn flit CitM, Irle Ff!derel ~ MfnlniW•don~ may 8'leel a listed ~. coneuaalion wlCrl lfl6 e~te fedenll agetlCy la requirild. Tho DEAmaltn no montion of NMFS M 41 comulti~ -venc:y cn lhllpmjoct. and• IOllrdl d OUJ teotWi:n COIM find oo tncfc.tion U. WO t1nY9 boon~ °"'* by )'Ololf olllm or lf'lo conM.lltant who lwlll pt~IKI !ho DEA f11!P"dlng ti» imp9dS GO monk so& ff 1"\11 IW)f ovr .ti~ ro 1>'114 ~-'fl! ;oou""oniclt, W• #lll(JIOtJfl• Wit.#~ 1 •4JllC ik"'I "''"' H•I "4Ul>4( 'lol'.'!1 f.'4" 1 .. ,\. • U IX) MlllUey,~t'f;t.;.11.( ,.. Mt. CMI E-Y-.. Match2e. 2000 P~ T-Qffilwr ltlhe~poftl~lflCl\:.doe:-•Wlfd~ fl!Of1'r4 ..... •tJlolcgiQll ~_,,._.t»~llntltffftCO'lftA~~wfl(Je#~lllltiftM.ff-S OlirMlri'ltM~R~NMwc>l\~lOl'.~Sc:hol'ltrlcl.•Mori~ltl~ :t&" Md 2fl" .._WOUid be..-r.g ID am111g11J • 1~ dumQ M tme tocho.m .._ Ml'I~ ft l~i. 1'w COCllMfllliondour ~cn,.. llf'Qjocl. Y01JainCDtllllGI llim •(sot) 044-1'&!1 °' a1 in. ~ acklt..._ dlX!d K' 0/!fPI 9Pt ~)'Oll~fl'lrill--Ml ~,,,.,,~tMCOl.rlyOl~P'oit<:t-IOSJl"""""'1"" ¥i•IO.o<.uot. Trlllnll ~ tcw _,,,.lnQv.ttn NMFS I0'1totildCM Ntion·1 MIQifNllN ~ sr!OIAtyow ........ #'r'f 011itr ~ ~;voing mil ~ Cl! IN CORMDllO!I llf'OOtM.. ....... oorMCI Jeytlf ._.,.,,.on rrtt •IOff a11 1aoe; 944-2271or "1 .,. ~ Odlt'o.. 1nm \c+:nf'!!npM 90' TllMtit)"OlllorttrlsfllkK+ All;acNne111.wnM~ ~ 1'o IUl't!IOl:"*wnileW'CI P*f'llllfb ~ ~oooo!O "1d mor."lk._., f'CMFS leCOmloetlds'fOU~ the ~~--.ui .... I PlltlC ~fl I· Nupf!Q) "'"""" ~ .... tlllll it'9 PM!\tCI..,... .. •Nll.lnli '*'* fMvtQJelllltiol\~nOtbl~lolnlliblloll!Ch~,.,,.,.cWOlllllbe~llO '°"'" •..t5'1111 bamltf Ihle "*1'11illflO~C/I monll. ... 111~ '°"' *' lltlfltd,_ 2. W• .,_-9 ... "°""'9 d '9"I' *"' 1"-pall\ ~ P"UJie ot U. ~ d monll Nlll~~POJ*blit»ivalnlhllpr-..of""""* ...... P"'111JM~O-...... ~'°"*mt~·· fl<Jdtd~·~·/,AWf wMlfl lflty_,.,. f""9"1 llOCKll Mo¥...wt l//iftd'"°""'~lt. 8y••llO•ddi?O~ 1110 ~ ~"'"°'·If~ k>#llW "'°""'--· "1Vfl'°'Y MWJ,.,.1tt:Wl;fl..11~ nor.. .id """""'~ • ....,..,~ _C:-... QO ~..,.plohJtJ/don ... IOptOfltd ,,_ ~ MWIWNlcb ~ ....,..llMOUll'f ). wt ....courilQI ~ Olfle l*Jl M flll Hll'ICI N ~ ~°'°" IO'N~ l'lt ~~peOOll'-"'°"' ....... 1~ Mt ..,_,..otltwtcomtlol ~...,_. ,_,,,ptOp#lffifl, fff\et(V!'Mll'y~or pt-.ttt11'~1t. 1"" .. ,.~ ..... wlt/l~~ ... Mld-~~·~· CO.Slel'peft!Nlt.,... ...n.-. lflftll' .. 1!(>~8CQ!t,1~ ""'°"O"> 1• I W<' •Hl.l'.11 1t '. ...,., f ,.J Ml t~I t.;111-,... FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 57 - Mr. Chri1 E. 't'1c110s Ml!IU. 29, 200$ Poge Tht" ot F'Ollf PofOflrM/ ~leaf be«lllt1fl .WOU. A t:OltStal /*fl wt1I (llfMdfJ .,, •emaW. IOUle •W'ltY from ~ ""°""' aeftl oe~ 4fMl. "iM pailt w~ plect!IJ too rat it'llltnd. Ir wovld llOf HMt mas -M rh• finlll J1W7 ~IO\tlt 'll cHof«rtMed. IM C0unty w1ll COt'l&ult 111Jfti IM Hilwlllii St•M ~rfmel)I o( LJmd IVld H11turaf ReSOUftea.. DM3ion of .AQuet.it Re$0UJ'CN Ntd yo.ix tiUtJ1 lO drofGmline ~' moasuro.t 11tt1'H9 riecessary C.We shcKAd nbo tJo lM.Cln dumg ino ~ COl"lfllnlctk>n pf\llSO 10 111\IClict ~ <Mlhrnotlk Hflls. Below wo r-o lis:l6cl • set ol prOCOOOls -moommctnd be tce::iwocs to avolo these -·· t A ~ ol lho projiKt wea llhOIAd bo periormocl w11 pnor lo commoncemont Of r0$\lff1Clll0fl ol eot..aNCillon aceMiy 10 entUte tl\llC no monk ..-""' In Che pt'OjocA .,.., II tJrr:f monk ""''' <1ro ~. c:ot'l$1ruc:llQll 8Cl!Ylbff mu$1 bO ~ "'* lho "'*'1ial(I) voll,llltarily6$iliY$ t;h4i Olto;l.-$oAON>d, ""/Jl'«OCOIWlllbt ~fid IO t/'19 ~'-~I.(~~"" ~Jona ptW' IO~ #CtNlllifa, 2 ti any fl'Of'lk ..al enlerl lt4areadufil'to1ne concll.IClOI conSU\ICllOn .cMln. all~ mUil eeaM vn1111r. anlmal(t)WJlol'llllrf)' de9eM the ate.. $(» notr>d 1'Mprobx:d wil be ~od lo""' IJPPl'CPl'kt'-~ ... ~ .,.Jfq, 0t9;)1?1~<0t;on$ priQI" IO cona:~ oct~a. 3 All~•~'*~ must bo ~ ol 1n.1SMu101 any orocect.O 1pedn; PC*n"'1!11)' l)f9M(ll I'\ llW PtQfeicl atN IWld ir.. pr~oelklnl e~ 10 ltiOle 6'**" under f'~I iaws A btochlft ·~ 1t1$ llWW5 and il'!ldtinet fOt protected lt)eCle4 In HawM' may be ~ lrom h!IO.,,WWW M!l\!lQM 09"ttmO! !1MJMMWl!ICflth8Wi'ljl mm S0f't()(ed. Th4 /l#OfOCOl llftd fl'tlonnatiol'l wit (le ~ed lO rt• ~fe ~-· ~•ldJOf"~priorrocoraSfltledor1~s. '· Any 1nCiOtn1Y 111b o1 monk Mais "11.l!U be tep0t1ed Wnmc!dla1&1y lo NMFS-24·1'1out htl1111'1e Ill l-888-256-98'0 1nrormM10n r~ ~ inell)(Jie the t1ame •nd J)flOM l'lumbot Of a l)Oln1 of contac:1. tocfldon or11"te ~. l'llno l'IAU'e of 1tie 1ake tlnd.'()f ~ So notod. .,,. Pl'Ol.ooOI wil bo ~od to t/l<fl GiJpl'Opriafo ~s. fndMcJuals tilt(/(« r:vg;wi.lr.Mt.bu prior ta com;tnJCtJon nctNi«icr•. S. Appfopn:llebOst ~I prilCbl00$ lSMP'1) miJst bo ~as~ to minimbe turbidity. mlnimito f;l>Odet c;Slsturtlanc», and lo aVOild the ,_1oa5o of ~~ni. intQ lhrt w-$oMJ'tKJ, 7'1»f ~ wll,,. ~oWOd ro the eppn:prlato ~ ~ "1WPOI ~l<itlotll prfof'IO COl'llMJCl'klr'I ~ 6. Any lnlake PIP" oo ptOje<;I rela'.ed equipment~ bit lc:tffl'led or oi~ ~rea t0 ~re lhe prevenlion OI enlnl*lmel'll or OtOlecfed ~. lo.I •• i•t..;All :lw !J(ll • UlAllTl-1 0 ,.....,..,.,. 10. "4!-!lltl>,. Mf 0...,f"IG 'l"Vfll 0 ... \ Mr. O'd E. YWS -lt.2006 P•f.oufdf'OI# SotlCllfd. Thbprot«d.,.ot c:G'lm.ni:lllOO IOJhO ~ ~~ ll'dOr ~PlfotJO~~ n.~n~ iNIOl'9WIWffltJ'O'I M0""1s#ltl thf6"9'1 ~ .. .,.. ~ .,. bt ti CO'al' • )'Ollt «IOC'lfl'll Fff/"" to CMllC:f mt ftlVI&', "°" lleW dhl!I' IXll'JCOmJorldoal ~ ~P'Oioet--D-Ce--•CU tltOtl~ Al.CW C 111.1 • /A.fl TH 0 IOI KUM.t ~ •-<46t ... 111 .... ~('l••'.1l(('~ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 58 - Martha,£ Yent®hawal/.aov wrote: Received by email on February 16, 2006 I flnlly-thk-to lool.'. ti J'OI" DEi\ "' 1ht AhlAaM tD Lydpllr bile iu"' • ~ 1a.,. lo» i. I dfocoi&il H \fil\'Uldbo:-...i.s110 -.I Y"'!W ~Whm llio>d~ll"'*'-A IC)l(lrlll'I' Mlllt_llf't.liltlr Mt.II\ 0 .._ Pl .. N9' * lk ""'""" lff Co# '""' 1 Alait.l11t ~k' ll«n'.oliull 11\n I • r.11111 t11re o(dw Ahul.:ini p11\:ti®nd.ll'l('t,, bul Ille lMK--.., 11 b ~· \'tl)',..11.-. •<'11111»~ .ritJ h .,.OllWbtWlplW» _.,udie. _,orciwi..n-kt-1he~flilll~*f l.Jl-.t ~,,..,.. tO 1•1t' blt!lo I( fhr<w -OUiu.it lht hoeoJ11ftc.u1.f .UU.lni Ski'. I 111..U hopt. llow.'l'Wr, fu1 dw r-.w~ woll 11!..u ~1tlhtp;n ·~ ThrlT\lloold k ..ia lfldqi""' ch.ii •C(lo#ll)'M4 ~ •lll •'Orl. ~·lhtr•6a. • I II<* lhlll lht ILDIN'uh1 8ridtr ls» '-'tell i.tamfltJ a1tu'*'ln: •lie. I .illli:'-":f ~Slll'D 1111 ihlo.'-: I IO\!UllS d1l11l 1luJ• .-..w bcl'r'>-od'°l !ht $11J'I) ~ (.W ... :tl\'lllt«IU!'"Altll(lllfonire lltld•J1'e" """4ltmt 1« 11w .,.,..•11t1p11n "' 11!\lilli.: 1'ben ,,.., 1r ~1111;fbat. ., • ..,.i.t1nit11111• • .,..1.1 k ~toSlll'Dmkw • , .. lfiUIOJ COUllll '"'CM ~ •• ~ltd Ill 100) 11!dAhubnl lw • _. \ WUbt:a 11111111111 Jqi).000. Al111U'11f*-' 1-..11cft kbt ~ilkl1l'-Ye. 11111)'1".lnl ~lllt'lodr: d1I• llllflilff' 111. • In S«Wll ),&.• 1' mll!(INd Ill)~· '*"h•l f'Or ~,~.nd """'JM. 11111 JU" •Ml b p~• 1111 lht .,,rM<' Th.:rdc,,.... • l'JIP Ut. I "1•11dcnf >11t em ...,. chit~ •·di be: 1111 llllJ*l tll <llfllnl-'im:~...._ MERLE D GRIMES. UC M$.MalV\;a Vonl Oepnrtmont ol Land l)nd Nolt!~ Rt'tQIUte:et OMsion Of Slate P~ P.O 8o~~2\ HonolUkl. Ha-Nail 90809 M.:1rd1 28. 2006 Su~.et Response IO Comnont Lener dalect Febtuaty 16. 2006 for lhe A11'11iln1 to l~lit Psrt ~trioin Pait!· Or.il'I EnWomlonlill AIMU"141~ (DEA) datod NOYOfl'Clor 22. 2005 OearM11nh1r nt.tnk )'Otl $0 mutti for )'OW'f!n!O "'~ rno Oroll E~nrt A$HUtnOflf re.. mo~ ~ potJt pfO/ecl, ttfltl~ your~ l'9f}Of'drnQ ume. Wirh tltiS oomupot)denc&, ~ would MM IO rsJpOltd to each ol )'Out' iSSU$S IJltd ootlCemS as fisted. Please Ind your comm6flts Wt n1flll/¥ l)'PIJ Mid font. 'find tlWI IN,l)Ol'lfe to Heh In It*', Patil ~ 11/klr~tNOs ...,,... d«otmk1od ~-pnQ$$, wflkhitldvdod""" pufJ/ic !'f!OO'lit¥1$1~ {one $POdtC ror thf w•,, GOif Coot$O tNCh ondtwolot ~ tntire fJl'O/«.t ....,.,., Md~ with .srmllOlrlot's .sllt:h .s It!& w~ Golf eocne ~t. l'e1JOONCt)' ~ f#td I~ ThlJ Omit EnWotlmMtzli ~r J.IK:llUdn ~ m.h!Mes for eacholtnese -F'ttittlly, we ,,-. lit foteiPr ot your ltatd et>Pt' l'lfrh Mild wrirrtt1 notl!'.t, 11r>d wt ml CMVnlr to tttt FlfltM EA. llll ot tile editorial comm«!ts lofJnd °" rho.ff Pl'9ff.. W& ~ally ~a tout Wf"1 ltt delaJJ W)lfl tn.m AIOtta sata E<I. 1 llnaly was •blie eo loolc at )QI( OEA for ine ~I ID lydga::e bike palh • hope rm not 100 1IM.. I dedcled ii~ bG ooa&in4 tio Mnd you h' pagos ~I had QOnWllOnl$ A lol ol my c:ommen1t are "lillle ... oboltl ct.NA. and tho natl'IO or o..w part< (MIACinli SUit& Ro<tea11on Pier). • I'm not tt.11'9 o1 Ole AhulUnl ~ bound;JtSo$, bi.-!he TMK indQte$ ii iJ IJR)bot>ly oi wvy sma1 art.a tdjllconl 10 1n. pior. 11 wout<t tie hOlplul ro ttlduOt a tl\OI) of 11it aoc:.raon for trit PIW0$0d ~ IOl and reswom so ~ knOw 11 ltley a(e outside lhe bOundatles or AhtMini SRP. so notod Thank$ fot mo SUQ90".'lt:IOn I WOIACI riop&. however, that lhe ladk!IM will elSO oocornmodate !he pief osets. There stlOUkl bo en lndieellon uw !he: CO\d)' and State d WCWlt \C981Mf on this... So"""1. 10U •nOll!4Allt()WClftCU • l~!lAlllTH CO 10107 ta••••-oo"' con. )01'6-llt<-1108 ox.> "' llUl eMtx.C>t •4\'{-(CM FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 59 - • 1.-1N1 .. ....,..,,..... Btldgo---M•-.C-lwil-lo SHPOon lllil, CX.1-lhnl.OW• ,.._ba,_ b)I lht S!tPO ..-fora_..,,., ·-· ond o-..ytMt -tor .. NMonol RtQIOW ol H-Pla<ao (?) f ~~ qmoclft<81a._,,.ba..,,....,SKPO,_ W•--~~-onrt.._llttdd,,,.,..t..,._Mlf-"°"tMcb>twifll /Mlt"-M • -courulorcu 1>1ru-condU<lad., 2003 ..sMul< ... halon ___ _ llOOOO,ICJOUllS1'ol"--lll>I'-• Youmtfy...,,I0-11Wonpogo78 !'11.M• ""'lot the-· Wo .......... rho_....,,, .. "" -E.11 • In s.c.on 3 ••• --to 19CQQA11.•.,,. po!Gnloll lor ............. Olf>OIU enc1-. noc~-lo-.,..,...,-. Thnlora,.,._ 131, 1-W..,canwt..,.._. ""'"" ,.,1n1pea1e>Munlend ~--Wo ... llldcar._ ...... _.~"""'-----... -""~"-"' "'* ..... -..... ,,,._ ptl/t 111\gr"'*" ""' C«t1ty of Kl!lual ... -""' --....... .... -~-Ota#l9pu0ilt:-patl0dll-""'1tJI o/IJll ........ ,.. .. --..,.., 1"e plannlng-~ _,, -...,, ,,.,., end-lttal ltlo cfloip!...,....,.. _.,. ~dl»ft-""h )'O<I-FHlhl IOt:tJIJlat:llN -Ill""---.. -~llNlll<lfl(I Regulatory Branch Merle D. Grimes, LLC l 042 Broken Arrow Cirde Elizabeth, CO 80107 DEPARTMENT OF THE ARMY u S, ""MY~ OtSnllCT.HONOWLu FT $ioiA1'1'Ul KA.WNI Mi&S9o&4«1 January 9, 2006 file No. POll-200$-471 Subject: Draft Environmental Asse<sm.nt (dEA) for the Ahukini to Lydgate Park Bike and Pedestrian Path, County of Kauai. Dear Mr. Grimes: This office bas revie\\'Od the materials you submiued on December 12, 2005 regarding the proposed bike paih, including alternative alignments. The purpose of the project is to conslruc.t a key segment of the Nawiliv.iJi to Anahola Bike and Pedestrian Path proposed in the 1994 State of Hawaii Master Plan. Section JO of the Rivers and Harbors Ac.t requires that a Departmen.t of the Anny (DA) P1'nni1 be oblai.ned for certain Slrucrurt:S or wort in or alfcc1ing navigable waien of the United States (33 U.S.C. 403). $.cction 404 of the Clean Water Ac! requires that a DA pennit be obtained prior to lhe placement or disdmge of dredged and.for fil I material into waters of the U.S., including wetlandls{33 U.S.C. 1344). The infonnation included. in t'.he dEA describes numerous drainage'"11Y crossings as well as one wetland area. In orde.r fo.r the Corps to make a determination of DA jurisdiction, additional infonnation is nttdcd on the prese-nce/absenc::c of an, ordinary high water mark (OH\VM) for the dra.inag.eways and th<: loc;ation of the struc-tural footprint {including bridge-approaches, concrc:te abuunents. e.tc-.) in relation to suc:h. For instanee., the dEA references a small tidal drainage:way near the Radisson Hotel (Subreach 8), but does not include photographs. Although photographs may not be wholly sufficient in themselves to make a de1erminatioo ofjurisdictioo, they may imdicate if funher investigation is necessary. AJso. ba$td on the photographs i11 the dEA, the drainageway near Kauai Beach Villas (KBV) (Subreaeh 9) appears to be tidally inOuenced in the project area. The dEA describes a span·cype CtoSSing for this as well as the crossing in S-ubrcach 8~ but it does not show this work in relation to e:ue-nt of tidal rc-.ach {MHHW). It is not clear if the. approach S-trucmres ror the span clements are outside/landward of any high water mark. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 60 - 2 For your information, jnfonnation on the definition of OH\VM can be found in our regulations at hup://www u,c:aq.annv.millinetlfunc1ions/c\\icecwo/reg/33cfr1'8111m. Likewise. information on excent of jurisdiction in waters subj«t to Scccion JO authority can be found at http;//\\·ww.usace.ann\'.mjkJnetlfunctions.tc:w/escwglrsg/33cfr329.htm. Based on information in the d£A, the se~ot of the proposed path that crosses the Hanama'ulu Bridge v.'ill use existing bridge SbUClUtt and docs not apPear to involve deposition of dcedgcd or 611 material intO watm oftbe U.S. Therefore, no DA penuit will be required for chis sec.lion. If COllS-tnxtion plans change. a revised derermination will be required, Dune re..nourishmcot was also described in the dEA in conjunc.1ion wi1.b the proposed bike path. Please n0te that should fill be propOSed watcnv:ird ofche mean higher high water (MHH\V) mark on the shoreline, a DA permit may be required. Also, the dEA states lhat the Ocean Bay Plantation wet.land delineation is pending confinna1.ion by the Corps. Our records do not indicate this delineation has been submitted for review by the regula1ocy office. PJ~ $ubmit this repon in order for us to assist you. Shou1d you have any further questions. please contact Ms. Connfo Ramsey by phone ai 808-438-2039, by facsimile ai 808438-4060 or by email ai Connie.L.Rainsew@u~csaqn\•.mil and refcrenu the above file number. Thank you for your cooperation wilh our rcguJatOI)' program Copy F\J.m.ished: Sincerely, ~~~cjv-George P. Young, P.E. Chief. Regulatory Branch Clean Water Branch, Deparunen1 of Health, P.O.Bo.~ 3378, Honolulu, HI %801 MERLE D GRIMES, LL( Doer .. Yowng ,_,...,..,......,'°',.., ....... _.,,.Dr .. En• .... ,.,.,_,,,,,,,... _ ____ """""""',.., ____ .......... -.. -.. •I0'""""'111l_o/ __ ""'4_N_ -w,..,_.,,..l'fl>lt-~ """"'"_,....,..,_ n..._ .... _.,._,..,_Oft~12,2005~ ... ~--·~·-~ l""_Ol ... Pfojeelio .. -• •o,-OlllO_lO_llM __ Pall\~lnN l!lil'S-OI H-Mltllf """ -1oo1 ... R1""' -"'""""'Act_,,,..·~.,.,. Am'f IDA,I-oo -... --.... -.... ~-~-..... i.--_(33 USC-'«!) -<IO<Ol ... C-WIWA<:l-N110A_,OOcCl--IO lne~0<--0lci'tdgod-M""'-noW01 ... clh U$. ~ -())USC'""~ So-FDI 1Mtw.ce lN DEA ~•tlNllldlf ~~,,...,. ~HONI(~ 11). ... _. ... _,,,__ ~.....,._,,.,., ..... """"If..,,,_'" INlfnMlhoei IO rniAl4t I Ol!WftM 19tiO!t d ~.Ny~ ifldal9 f k;,,,_ i't1 ! II ~Ill )11" ~ A plr/1llOgf'llpl ol .,._..,..Iida/......,,, CM bt bnd if'l IM Draft Cnw'OnmllnUI A.Jseament ... _:JI ... """"9dfof-OOITOCfly~ ---....... Nao, -........ __ In llO<IEA. ""'~•Y nwl<aml-~(ta!V) (Sobluch9)_ .... .....,_1n ......... -Thod£A-·--CJ'OUWIQ tar 11W 81 W91ff1tw cros-. n &bUd\ 1.. but a does noc lhow ... MR~ rWban IO U\enl d lllS.t rach (MHMW)_ llS nol dur I UW ~ alrUdlns b tlW ~ ....,... .. _.,_,high_...._ Any __ _. .. __ o/N~·--~I>'°"' - FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 61 - no..-)'OU lorlllfS .-Mr °*»II* Yooog Men:1128.2006 PagoTwoolT"° ea-on'"'°'""""'" In 1"" DEA.1"" .._., o1..., ptOpOled pein ""1..-a the .-·u1u Brld!ll ... UM e'1~ bridile llruc:lin one! -nGC -IO~-~ ol drwclged or Iii ,.,,_ lnlo -ol 1"" U.S Thotet"'* no M permit .,a bot rlql.W*I tor lhd -tt COl1llNcSlon pi... change. • revised dolllmllnall<Jn ,.. bot ._,.., Sof!OI# Dune ·--1--delctlbed'" 11141 t!IEA"" CIOO!uncllOfl...., ".,,_.., bM peln "'---1181 t1""*' ... tie IJ(q>OHCI -ol lne -n.gr... l!lgl'I ..-!~ "'""' on.,.-...• DA oorm• f!WIY tie •-ired ShoultJ U.. Courlty -lllfS ...,_,... H /WI ol h ,,,_rwrw ~I. • CM Pflrntl ~will»•IJbt1otltd Mio Ibo dEA 1181"' lllat ... °'*"1 &y-IOn ~ do.._llon lo pendng conlirrMbon by 1"" Corps Our records clo noc lndocate lllis del""8bon -bMn wllmlled la. -by.,. ~Jory ollioe PINN 1Ubmf ltlis rwpor1 "1 ordo< lo< US IO -)'OU we111 .. _,,,. _,,, _.,..., we ,.,.,,._'"fl,,,. repor1 Wllll tJ>t--..... ~ photo.. -•mop W• ,.,.,. pt-. orrd • '"'P lllO 10 ir><Mlo will! I/le..,..__ lomll SllOUld )'OCI ~ ll"Y....,,,., ~ ple9M c:onliael M$ Conroe RllmM)' by~. 909-431-2039, by ,_.. • llC)B..4~060 OI by-• COnnoe.l.RAlmsey 0.-.Altml' Mil Md ,....,90Ce 118-11e....-TIWI~ )'OU lo< ~---wlll> -~P!09'1"' 11111 d9"11" -pemot1Jllg lffm .,,_ oMlt )'OU_,..,_ UM tlll"'V' -,.. .,.. ~ ... I» lnCOl-1 Mii ~-TNln.l: )'OU loryour--on 111'• -t..ilrH 10 <tlnlad -d )'OUM.,. ludtwr ...._..sor~ PHONE (808) 694·1188 January 3, 2005 Merle 0. Orimes Merle D. Grimes, L-LC I 042 Broken Arrow Circle Eli,.b«h. C080107 • STATE OF HAWAl'I OFFICEOF HAWAJIAH AFfAIRS 711 KAProlNll 80ULEVAAO, SUITUOO HONOlUi.U,HAWAl'l8Nt3 llRDOS/2166 RE: Draft Eoviroomeotal Atl<s$mrot for, .. Propooecl Ah.kiol to Lydpte Pali< Blkt IDd Ptdatrlln Patb, Ablkioi Poiot to Lydple Park, Kau·~ V1rtom TMKI. O..r Merle D. Grimes. Ttie Office or I lawaiian Affairs (OHA.) is in Jtctipt of )YJUr Decc1nbtt I I, 2005 request (or comment on the above !isled proposed projecL OHA orrers the fo&"ing<0n1me11t>: Our stafflul.s r<viewed ~1e DraR Environmenl!l Asst$smon1 (DEA) for'"" abo"< slated PfC1lCl5Cd project and has several preliminary comments. These ate: I) ~e to the ~act that the Ahernati\-c 2 ali;nmenl may jeopardiu the imegrit)• or a burial mterment sue (sec Plate J.2 of the DEA), OHA rroxnn~ds 1hat the Altcma1ive I aligmnc111 be implemented. 2) If Altemali\'C 2, Or pOrlionsofthis ahtmaf\>e, is/arc chosen, An Adequ:Uc buffer or ttt least 30 feet should be creetcd suJTOUnding the Kuhio Hipway intmncnt site. )) As much as pouibJe 1he conuxtor shoukt l\'Oid ground altering 1c1ivitics where 5andy scdimen1s predominale. Where possible. ii .,,,.,td bt appropriate to compact existing sediment to achit\'t St:NCtUral intrgrity. This should be done to minimite potentlal impacts 10 l1uma11 burials and subsurface cultnl dtposits. 4) A s_tipul11ion nttds to be made in the A"'ho<ologieal Monilo<ing Plan tha1 all <Mh disturbing acuv111cs should be mon11ored by a pro(cssional atehaeologi.st. It is appropriate that moniloring occur on an ·on.she' basis rather than ari 'Of'l·Call' or spoc: check basis. 1'1ie J>hm should also s1at• tha1 ont '"'haeologleal monitor .sllall be preS<nt per eoch piece or c-Mh dls1urbing equipment (i.e. three simultanc<lu$ c-.Xca\·ations shall require 1he pmence of 1hrtc archll.eological monitors). FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 62 - Merle 0. Grimes JB11111try 3, 200S P•ge2 S) While the word Hawai'i gS;es the diacritical ,1oru1 stop ('okin:11), the word Hawaiian does not. This error is fouod throughout lkdocummttnd pertkvl11lyon pate JO of the DEA. 6) The-Ha"·aiian pipio (Tl'C'\--aUy sp.) is inc:onccdy ttferred co as an ·ulna· on page 209 of the OeA, Tlic <<>rr«t llawaii111 name for the aduh plpio Is ulua. 7) Simple grammar issues sueh as missing punetultion (pa_ge 221) are found throughout ctle document Tile DEA shoutd be thoroughly tdiltd before 1 Final Envir0t11ue11lal ASSC"ssmc-m i-S sobmined ini support of this projtct. OHA further rtquests y0our usuranccs chat iftht projm goes f0tward. $hould iwi or Native Hawn.ii an cuhural or tradition~1 deposits be found during ground disturbance, work will ctasie. and the app·ropriiue agencies will be: coinacted pul'$uant to applleabk law. 1nank you for the opportunity co commtn1. lfyou ba\'t fun.her questions or concems. please contact Jesse Yorc:k nt (808) S94-0239' or icsse'®>ha wa, ·o wau iho no, c~t!:::.· J3on' Administralor CC: Lii France Kapak•·Aotol<da OUA Communi1y Affairs Coordinator (Kaua'i) 3-3100 Kuhio Hwy. Suite C4 Lihue, HI 96766-11 ;J FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 63 - Kauai Niihau Burial Council Meeting DATE: May 2, 2006 MEETING TIME: 9:00 a.m. HST MEETING LOCATION: Kauai County Council Chambers FROM: Jim Powell, SCS Archaeology MEETING ATTENDEES: Kaua`i Ni`ihau Island Burial Council MEETING SUBJECT: May 2006 Agenda (see below) Information regarding agenda item IV - F: Informational Update for the Wailua Golf Course/Coastal Path Alignment [TMK: (4) 3-9-02: por 4] Information/Recommendation: Informational presentation by SCS Archaeology for the purpose of obtaining the council’s approval for the proposed Kauai County Coastal Path to pass within 30’ of a known burial in the Wailua Golf Course parking lot. An informational update on the Path Alignment was presented to the burial council by J. Powell of SCS. After a short discussion clarifying the location and circumstances regarding the request, the council voted unanimously to recommend approval of the proposal. This recommendation for approval will appear in the minutes for the May 2006 meeting. FINAL ENVIRONMENTAL ASSESSMENTAhukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 64 - Section 4(f) Section 4(f) Statement and Determination for Independent Bikeway or Walkway Construction Projects MEMORANDUM Background There is a growing interest in bicycling and walking for commuting, for recreation, and for other trip purposes. Where this activity occurs on high-speed roadways, both safety and efficiency can be impaired because of the mixture of motorized and nonmotorized modes of travel. Construction of bikeways or pedestrian walkways can promote safety and will assist in retaining the motor vehicle carrying capacity of the highway while enhancing bicycle capacity. The United States Congress recognized the importance of bicycle and pedestrian travel by including special provisions for these modes in the Federal-Aid Highway Act of 1973, Public Law 93-87. Section 124 of this Act (amended Title 23, U.S. Code, by adding Section 217) contained the following principal provisions: (1) Federal funds available for the construction of preferential facilities to serve pedestrians and bicyclists are those apportioned in accordance with paragraphs (1), (2), (3), and (6) of Section 104(b), 23 U.S.C., and those authorized for Forest highways, Forest development roads and trails, public land development roads and trails, park roads and trails, parkways, Indian reservation roads, and public land highways. (2) Not more than $40 million (amended to $45 million by Section 134 of the Federal-Aid Highway Act of 1976) apportioned in any fiscal year for purposes described in the preceding paragraph may be obligated for bicycle projects and pedestrian walkways. (3) No State shall obligate more than $2 million (amended to $2.5 million by Section 134 of the Federal-Aid Highway Act of 1976) of Federal-aid funds for such projects in any fiscal year. (4) Such projects shall be located and designed pursuant to an overall plan which will provide due consideration for safety and contiguous routes. The funding limitations described in (2) and (3) above are applicable only to independent bikeway or walkway construction projects. Project Description Independent bikeway or walkway construction projects are those highway construction projects which provide bicycle or pedestrian facilities in contrast to a project whose primary purpose is to serve motorized vehicles. The requirements for qualification of proposed bikeway or walkway facilities as independent bikeway or walkway construction projects are contained in Volume 6, Chapter 1, Section 1, Subsection 1, of the Federal-Aid Highway Program Manual * (the Federal -aid Highway Program Manuals were replaced by the Federal-aid Program Guide which includes selected verbatum sections of the CFR), codified as Part 652 of Chapter 1 of Title 23 of the Code of Federal Regulations (CFR). FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 65 - The bikeways and walkways will be designed and constructed in a manner suitable to the site conditions and the anticipated extent of usage. In general, a bikeway will be designed with an alignment and profile suitable for bicycle use with a surface that will be reasonably durable that incorporates drainage as necessary, and that is of a width appropriate for the planned one-way or two-way use. The facilities will be accessible to the users or will form a segment located and designed pursuant to an overall plan. Projects may include the acquisition of land outside the right-of-way, provided the facility will accommodate traffic which would have normally used a Federal-aid highway route, disregarding any legal prohibitions on the use of the route by cyclists or pedestrians. It is required that a public agency be responsible for maintenance of the federally funded bikeway or walkway. No motorized vehicles will be permitted on the facilities except those for maintenance purposes and snowmobiles where stateor local regulations permit. Application This negative declaration/preliminary Section 4(f) document is only applicable for independent bikeway or walkway construction projects which require the use of recreation and park areas established and maintained primarily for active recreation, open space, and similar purposes. Additionally, this document is applicable only when the official having specific jurisdiction over the Section 4(f) property has given his approval in writing that the project is acceptable and consistent with the designated use of the property and that all possible planning to minimize harm has been accomplished in the location and design of the bikeway or walkway facility. This document does not apply if the project would require the use of critical habitat of endangered species. This document does not cover the use of any land from a publicly owned wildlife or waterfowl refuge or any land from a historic site of national, State, or local significance. It also does not cover those projects where there are unusual circumstances (major impacts, adverse effects, or controversy). A separate Section 4(f) statement and environmental document must be prepared in these categories. This document does not cover bicycle or pedestrian facilities that are incidental items of construction in conjunction with highway improvements having the primary purpose of serving motor vehicular traffic. Summary The primary purpose for the development of independent bikeway and walkway projects is to provide a facility for traffic which would have normally used a Federal-aid highway route. In some cases, the bikeway and walkway projects can serve a dual function by also providing for recreational use. Where this situation occurs, artificially routing a bikeway or walkway around a compatible park area is not a prudent alternative because it would decrease the recreational value of the bikeway or walkway. The written approval of the official having specific jurisdiction over the Section 4(f) property and construction authorization by FHWA will confirm that all possible planning to minimize harm has been accomplished in the location and design of the bikeway or walkway facility. Noise and air quality will not be affected by bicycles. There would be increase in the noise level if snowmobiles are permitted. However, FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 66 - this would likely occur at a time when other uses of the recreational facilities will be minimal. Temporary impacts on water quality will be minimal. Erosion control measures will be used through the construction period. A certain amount of land will be removed from other uses. The type of land and uses will vary from project to project. However, due to the narrow crosssection of the bikeways and walkways, a minimal amount of land will be required for the individual projects. The projects will be blended into the existing terrain to reduce any visual impacts. Displacement of families and businesses will not be required. No significant adverse social or economic impacts are anticipated. There will be beneficial impacts such as the enhancement of the recreational potential of the parks and the provision of an alternate mode of transportation for the commuter. Comments and Coordination A draft of this negative declaration/Section 4(f) statement was published in the Federal Register (42 F.R. 15394), March 21, 1977, inviting interested persons to comment. The majority of the letters received were favorable and recommended approval of the document. The document was also circulated to the Departments of the Interior (DOI), Housing and Urban Development (HUD), and Agriculture. Comments were received from DOI and HUD and are included in the appendix along with our responses. Individual projects will be coordinated at the earliest feasible time with all responsible local officials, including the State Outdoor Recreation Liaison Officer. The use of properties acquired or developed with Federal monies from the Land and Water Conservation Fund will also be coordinated with the Bureau of Outdoor Recreation of DOI. If HUD Community Development Block Grant Funds are used in conjunction with Federal Highway Administration Funds, HUD environmental review procedures set forth in 24 CFR, Section 58, are applicable. Determination Based on the above and on the scope of these bikeway and walkway projects, it is determined that they will not have a significant effect upon the quality of the human environment. It is also our determination that (1) there is no feasible and prudent alternative to the use of Section 4(f) lands, and (2) the conditions for approval will insure that the bikeway proposals will include all possible planning to minimize harm resulting from such use. Date: May 23, 1977 /Original signed by/ Les Lamm For William M. Cox Federal Highway Administrator FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 67 - t"ROM: SCUJECI': COUNTY OF KAUAI PLAN:Nl'r;G DEl' AllT\tf.'tf 44iM PJCE STREl::t, SUJTE A473 UHUE.KAUALHAW1\JI 96766-UUi MEMORANDUM May8.2006 llu:nk )'UU (.x a.Jford!ng tho 1'ooai Uistonc:: ~>moo COll1J!ll$f)lln (Ji'.llPRC) !he oppol11arUl)' M a'.IM!tlltm llO lbr iallo\~ proj«! lllld for )1;1Gf in(~tn·c badiground. pmenwion Alrr m·kwl"i ~ irtfonnalion J'f'O\llk<I at 111 May .e. 2006 tnee'1111Bo the K111•ftc ugre«I With Oic we "r tlx I bt1ani:iuJ11 RAllrotd Uri. (or me bike pUh mid i" pr"CS«Vll-ibO .nd ~ Ullt atty di.tngtt b#vc 11 mil\in:r;n11 1mJ>*!l 1X1 lbc o.iu!ng ll!stunc chmctef of lbt brilfp. Whdc die pnllllKN Jcdlas mslcrial •'&S IPPfO'l'Od, I.be KJIPRC rtqamC'tl die urpMUttTIY 10 mitw t!IOl'C deta.IC\l dlJ'll.'IDp Of (be ~ f111Ulg dcsip ttilmg.aJang V.'idl In)' odlct" 2.Jltttlllb\"e desip,11:11 ata)' bl\'C bca1 c«s:Sidtttd. l"kN tontM:I Rid: T wcbiy~ ~ z.i 1-«>?7 aboidd )'Oii llll\~ M)' {!llrSllOOS. AH EQUAL OPPORTIJ'il"Y EMPLOYER COUNTY OF i<AUA'I ~Ol'NAICWOlllJr(t -NG( •l"llUT ~~~n• utlt.llMM\-WNI ..,...,_ M0)-31, 2000 Mr. Mll1e Gtirmib MOO, UC 10.2~NTO#C~ ~Cdotad080t01 A .. l~Pdto~Sik~,...~ 0-,...~ ll'WYe~--~ .... '°'--~Gdllecu.p~.,._.111....,. ~NI lt'Ml~~INOtr.goll«U'Mri b9~11:>be<Steoty aQ'OQ ft'Ol'l'I ~ dr~ ~ lllfO'fle ~ Cotl'.aloNt Ftldlity ln.oof.Qn, ~9t!On _.., ICClflriltiooi ~ l""O .id o.A Ofh go!Fa;i., .. 'Id! b9 ~ u PM Cll'le =; ;:.~ ~-:e. '*'"'1el'IPlllh'""" loc-.cl 'MINn.-..1~ ... ~ Wedo l'OI ~.,, ;...... wftltb P'"CIPOMld ~ ~ -~~ t 7'-(JtJl/OCUM~W&.~6.nflOal'*'--tJI .... ~~' ,_ l'hM~Y9 ~'l>ll'>egolf-.. ~~Olh biQ-.d~·•l'lflM'I atld Pl'llir1o kit •• llW'limized. 3. Ho loM ot ~.,...., "The!eww~IOl·~~~. 5 A,....(1QllQOl.f'M ¥l•~-'*" olhinpoo0<l•4' 6.Sqw~~~-*hvPlo:iuM~loll1notbpllf!l~a, ?.e-,.flftor1 e>eri...o.to-..-•f'lel~~ b9~fromlt'lliyOl*bp.d'I ll"(tOOlfco..ne. 1 looll. torwltc»WOl1cincl......,.)'Ou °" ... ~ ~ ol ho~ '·"' G&IOJlff Tiil 1$:U IT.Vil\ ..:1,1 $0~$1 {1;10111 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 68- May 13, 2008 Mr. Ed Okamoto Manager, Wailua Golf Course Department of Public Works County of Kauai 4444 Rice Street, Suite 275 Lihue Kauai, Hawaii 96766-1340 Re: Ahukini to Lydgate Park Bike/Pedestrian Path Project Dear Mr. Okamoto: I am in receipt of you letter dated May 31, 2006 and acknowledge issues and conditions that you outlined to occur during the design phase of the project. Your letter and this response will be included in the Final Environmental Assessment document. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Merle D. Grimes Principal, MDG, llc Cc: Doug Haigh FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 69- June 6, 2006 Merle: Please see my comments in italics: Steven Kyono -----Original Message----- From: Merle Grimes [mailto:merle@mdgdenver.com] Sent: Monday, June 05, 2006 2:47 PM To: Steven. Kyono Cc: Doug Haigh Subject: Ahukini to Lydgate Path Project Steven: At our last public meeting for the Ahukini to Lydgate Park Bike and Pedestrian Path project several residents were concerned that we did not include a mauka of the highway alternative. We did in fact review a mauka to the highway alternative and dismissed it for the following reason: 1. Safety. We felt that an at-grade x-ing would be very unsafe. Inaddition, that HDOT would not allow a signalized cross walk at one or two locations between Lydgate Park and the Kuhio/Kapule intersection. Agreed. The speed limits within this corridor are not conducive to at-grade pedestrian crossings. 2. A tunnel option would be expensive, unsafe and not fit with anypotential future plans to move or widen the highway. We were also concerned with drainage/water issues in the tunnel due to its elevation and proximity to an existing drainage canal. Agreed. The water table for most of this section of highway is high therefore requiring construction of any type of pedestrian tunnel to be built in water therefore making construction very costly. Also, a very long FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 70 - tunnel or modifications to a shorter one would be needed in order to accommodate a possible future widening of the highway to 4-lanes. 3. A bike/ped. bridge over the highway might be too expensive and becomeobsolete if the highway were to be moved or widened. Agreed. Steve Kyono June 6, 2006 Page Two of Two 4. There are no connection points/trip generators on the mauka side ofthe highway at this time. The areas mauka of the highway are currently undeveloped except for KCCC. We do not know what the Department of Hawaiian Home Lands will be doing with their large land holdings mauka of the highway and also do not know of any plans which Lihue Land Company might have for the bulk of the remainder of the mauka lands. Could you please confirm or otherwise comment on these reasons for not selecting a mauka highway alternative so that I can include your comments in the Final EA? If at all possible, we could use your comments by Wednesday. Merle Grimes, MDG, LLC FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 71 - ---........ STATE OF HAWAII D£PARTML"'T or US:t> A.~D SATt'"tAL Rr.sotllCCS Mt. Mtdt Crimes MOC,LLC 1012 Broktn Arrow C1ttlt ElitJbtth,C,olOPdo 80Jf11 Dtat Mr. Gritrws: Ol\lSION Of SfA TE PAllU IOST omcr 10X filt HOS()t.1,.1.U,,KAW'An fi6,I09 Jt.lnt 19,2006 stlBJECT, Or:tft £nvitortmmlal ~!-Bic:ydralld PtdtstrUn P.ath. Ahukini lo Lyd&Atr P..rk, U'htr'~. X.ui"i ,.~ ____ .. __ . -·---_ ......... .. --·~ -·--""'!:--":"::.-:::--··-·--_.,. __ -"'-:-.::--=.=..-= --..::-----Tht ptopO$fd biq·dt .and prdts:trilft pa.th from Lydg.ttt Park Is dtsigl'ltd to fotkM• akq: lht <O.Ut IO AhukW Pci.nt .aftd Allu.ldnl St.tie Rt<m.tiocl Pitr (SRP). As pa.rt of this path, a tta11hNd and rv:w tombrt !41~ U: proposed fn the \id.nity of Abul:illl SRP. B.l5fd oath! map pro'\idtd, it appears I.NI the <'Ol'llfort SUliOn 1'.111 be loa~ on the btuH abcn~ the-txisting p.arl:ing lot on SQ~':IC!d IJOd. We belicvt lhl.t 1 IW"lf' comfort $t1tioa l\'ill btnd'r. tlw puk uxn ind those l.tSing the path. t»wto,"'tf, wt do h.l.\'t $0mt Wf'!Ctms thauhoukt be .i.dm&ed in. the> pl.aM!tig for !ht f'lth and bnp!'O'wvmt111S in lht area of Ahu.kini SRP. The" rwtds ~ ~ •n.~! Qf tht ~dilion.ll pukirlg nttds c-mbtd by W ~ pub. At p~t. ~I SR.P.u U~ i.li11;dy by.~ fishlJig !:om tM pitr. As i trtilhN<l, !tis opl(lied th.It bicydis:IS will bt lt•vuig tbrir a.rs a.1 this parting .m whicb. tould <tt<lllt tomt U"1' C«lfficts. It f!Hds to ht dttmnl.ntd If !hr existing parkltl$ Is adtqu3ir for a lnilll6ld. The trptic •15!t'm !or<' new comfort $&1.tiorl will rcqWl't' 1 JtKhfitld. llKltnt the $0il ia tht proposed loaition is tbirl 1J1d undd.ain b)' ~ tlwtt could bt probkw tf'IOOlllltutd d'uring C'Obstnact5on. nr.st fACton should be considcrtd whni siting tht flC"I\' (OQ'lfort lbilion. Al~ the Ahul:inl Pitr Is noc bsttd on dw lilwal'i « N.ilion&l Rtgistirr ()( Historic PLtM. this structurt is °''" 50 )WtS old aad nffds ~ bt ~ 6or ils ~ .ifka!'let. 11it !ound.1tion.s d so:me and mortar ilructum in the virin.ity of !ht M'W comlort JIJtion mus! also be~ ln the pl.lMi.."lg and dnign.. the maitl!tNil"ICt o( this tl('W fKilify 5.liould bt ~. Th&.n>: you for ~ opportunlly ~ roc:nmmt on !his projt<t in l'f&lrds to Ah.ukfni SRP. We support a comfo1t itltiOCI •I AhukU11 w. but bc:hevr that the COC\IC'mlS d~ •bo-."C a!U$1 ht .cld~ Wt klok. forward to 'II'()~ 'llilh you on futu~ pla11.'ling uid dnig:i ()( these ~k-$. Vtty truly you:rs, £~ o ... ,,n s. QIJ1Nll State P.ltbAdmitiistra!or United States Department of the loterior N/ITIO~AL PAKK Sl:.RV,CE r'ICllkW ... b~ ==f= ____ .. LWCP (P\\'R/PP) 15-()()032 O.nlel S Q\,llnn SI.lite farlt.t Admlnititn.LOt Dc:p&r'U':Mnt of Land a.rtid N•tural Rc.01.U«• l HU PundiboWI Street, Room 130 Honolulu, HI 968!3 I < De~ 1 have teYiewed your rcquHC of Stpt.cmkr 'JS, 2006. •nd concur wnh your findlnc that t.h¢ 1mpkmietitadon al PWHA Project tlo. STP·CM.·0700 •Sl) -Ly~tt IO Ahukini Bike/Pcdcatnan '"th .. ...,n not ruu1t m A CIDl1~1on •t HMama\alu Beach Psrk,. Land and waterConw:r .. tion P\and prot.ec:u:d aStc A• preKnl.cd, li •PPC.,.. cxtet1d.ln1 thll!' t'ltlstin& pii\th from Lydga_te h.rk lb.rough 1h¢ northern pon.lon of Hanama'ulu Beach htk. along with the plenned eonstnictkm or• blb:/~c1lrian tric~ .. ramp -.nd ~· rut:toom, will e.spand upon •Jld enhance 1bc e-»11inc pubtic 01.1ld00f" ret:R•Uon 09P0rtuni1in this alu: h.u tooffa. Plc;ue allow me to tNtnk )'OU for bringing thi. matter to the: rial.iocW t'vk Scrriec'-•UmUon '>'hlk-it I.I 1ulJ ln the: phuutin-1:1 ·~ and at.fordknl u• the opput1Unh)' to comment befott conauu~n begin1. h i. indeed our pklt.l\U~ lo work \\.1th )'OU ln protecung tu\d pre.eMna 90mc ot our nation'• lnOlt valued and tnlUIUttd outdoor recrution ahe• .Smccttly, ~, .{ ' "':"'.:il.l.o ... -~/,_4. -Qlona Shinn Pro;cc1 Managr:1 TAKE PRIOE''1:E:::..' •NAM ERICA~ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 72 - May 13, 2008 Mr. Daniel S. Quinn State Parks Administrator Department of Natural Resources – Division of State Parks State of Hawaii Post Office Box 621 Honolulu, Hawaii 96809 Re: Ahukini to Lydgate Park Bike/Pedestrian Path Project Dear Mr. Quinn: We are in receipt of your letter dated June 19, 2006 and concur with your concerns that will need to be addressed during the design phase of the project. Mr. Dough Haigh, Project Manager with the County of Kauai has had subsequent conversations with Mr. Wayne Souza. Those conversations indicated the following additional conditions: The existing parking lot should be stripped in order to maximize parking potential State Parks will manage any user conflicts between park and path users on an as-needed basis. State Parks will own and manage the new comfort station This letter, as well as your letter dated June 19, 2006 will be included in the Final Environmental Assessment document. Please fell free to contact me if you have any concerns or questions. Sincerely, Merle D. Grimes President, MDG, llc Cc: Doug Haigh Wayne Souza FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 73 - BRYAN J. llAPTISTE ..... Mt. Merlo 0. Grimes, PresidClll Merle D. Grima, LLC 1042 B!Okm Anow ~k Embeth, co 80101 Oclobcr 26, 2006 R•: o..11 l!nvirom1u:m1l Ass=ent Commcnu Dear Mr. Grimes: OONAU:> M. FlJJlllOTO CC<.H!YN)t<m 'flWittOfilE Jilil.-0 We balic roviowed lhe .Envirmimeotal Assessncru completed by your finn. 'Ther4 arc lWll County parb wilhin the pzojcct an:a (Hwmaulu Beach Padc and Marine Camp Pait.) lhll will be collllCCIAld with tho proposed path. We find llw oo ldvcr\e impams to either pm will rcsull from the pa1h project and that tho proposed improvemco11 will be of grtat belie fit to both parks and !be community. If )'OU should require any fui1hcr &SSisWl<e io thi1 maru:r, plc&se do oot hesitate to call. ~ly, E" ·-·-· _ .... _ ST ATE Of llAYI All llU'4•T'ILvtOfU..'D 11:-0l>S4Tt.?i\.I ·~ 110) MJ.~kdr~ MDC,llC IOU llroL'lll Anow Cirdr Elu•bttll. Cob;td.) llU107 ~=:..~~~ OW'lllQllll:,11-'•'AA -SVl!IECT 6U'JelJ lt.tvltw ul J.''illA l'rojttt No. sn•..OC.aJOO CiH lyi!Kitirllll A.hul.1111 ~/~NII r•IJI. "-t-.. 't l-!H•f.111 ""'"'-~ .. -== ..... ~ -... -.. -·-·-........ -----f.ndowd 1.• <091 oil the tomlfX'~ tfttlwd ftotn tlw-S•bmwl rari. Srr~ (i"\~ ~·d.I~ lhnr m'Ww uf tbr pro~ hilt ~tl'WI pilh ltwt NM froai Lfd!"lr f'ol.A W Ah11IJ• '°"'r ~f'f'll.,i1 trt'i"" by th&l Nf'S w-u tt'l~I btaitdlt Lanil~mt \'fattt Co"""'"'1tioe Fu:nJ 11.WCf'l fcJml f1o111..t1 Wf'n' ldlrd todtivlof pul lmffOVm'lmtlo A tU."11.nw•u111 &1411 1'.rl bc1wf(fl I~ ind 1cr,o. A1' 1nJICIJfrd. in t.hr tft.1ror, llw NI'S '..,,,.,m tW;, f"'<•lf'd ,._ • h'.IN ..t .. hand03 aw&do.»r rOO"CllbM-Tiwy 1bo COlllC\lr thd 1be pro,m wlll nc11 r-.;11 111 a ron\W... ll thm ~J 1111:t """ c:~ dun.fl tlll' p1an.un5 ....i .Jmp vr t1111 rroltct 11 11 .afftom H.tl!llUN'uJu ne..h r.arl.11 i. ~ W1 yuu ~ W'llll Mmlw '1''1'11. ''-'""'* L\Yt.r Cacinlwtor, at Ul08)S87"°21Q or M.rtlw l Yttl!ilww••gov II ••Ito illti'llMUlll 10 ~bn ~bill 1• 11\J (lf 11!.t J'llA ..,.. ti .~ d\arlllg eht t'Orbtn1ct11M kn non..W.ffl.OO pa~ II mn ht! ... .,..I'}' 911 111!ff. • ppn1~ .al b • "trmp..vy llllfl'<•mfunn1ng u~ fur ltw trnn ol 1h11 l*>t' flNw ffrl (J'« 10 \""\'!~ Ut lf )'W MY!! di)' furthtt qwo«lc:m. \'rry lnllryccn. A pr'~. DA.''lELS.Ql'L'S SU"'° PubMndNICnk'l! (-fl lbl5ILelJlh.Cul#llyllllN-t1•'l.Dtp nf'°"btltW(lt~ Mtt:.Oohlwit, COUlllC)'tll K..• t. °""'*'n of Plrl& \\'1yiwSUWA. K.tu..·, DbtnU. Dl,fti .. ol'St.ut l'•rl.$ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 74- : .. :. -'"": ,. :: .__ S-.I-* A<::io;.~ &z::id;a;,{ S,...F,..... ~ lli>isioa .: ~Bd5of.6ll. ~~s.nm. i;,,;da.&--L 9l5'lQ; 'if:~ irr M fiir C f IO ficf!:azi:Eirl:im..a~»!lkaot.cl acd;< iirlXAlldarim ~ ?zt Bihm!~ &.:::.a.LCD:. :C-1 Dar}!o.r...., s.m::5cem.:m.t.s.rno.s.&c.j_'SCS)~~-~....i _ .. _....._»!a:ll:!:=a'dJJ~Bliqe=d.a-?.a c::h:il Dprtaf lk l'ele:lr!-Cotci:yjocl. Bik U~ pm, ,,_r.. l'.W ~tiaai==>S&:.=~1111.~h:t:o!.,,..__....,.. s==s. Ed: ~is<ar:rilrc:! ...._ .. n:J csjEiplltll •• • a:r ik = n;,_.,;, iic!r:c.,,m, al ,-.me...., S'e::Doc ;Gril!OI! Ckip:z-£-C . .., • L;:tocewww»loa-•ilh~Af::ti!:i.,t~!'zUB:r d Pm:s:::a1'11:::!:= t sa:i,--·~S:a::i.n!"""""' ·~ cis:il-*q._r:cr!mlxrE:jrrrll_..af ... 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No. l~IDdocntnooTMX l-7~3 °"'> mla«lm.pnn-.. illbe dooo far the c\d....,, Ibo N\'UI wlU be: left illll<t The dcct Oflbc Cllh~ •ill bo .. ,.,s ..,,__IN ..rctr ~ ...;u be: to...S1od sklns 1ti.11a:>O o<oi.. ...,..._ ~ C-<lltlmCWOll dies< modi5au>Oc\I IO i.n.1i-·u1ao 0.... H.1ul Bn<fce Ind Ille c-,, So• eua-will be OOvsJt1 •°'"Ma, •, 2006 DX<'tlOji otlbc iuu., w....,e """""'llllon RcricwCommie«. Herein, ... roq--m ..,.,.,a-""tit °"IJla 6E.<ll ~ l'racn'Dfion Re-W.. for~ r:l!M£cs 10 tlw!M 1~-0 ltN""'1a 6-,_ om.. HJtl te Ill\ 11"14 fTilkl W UJil lilltt.1 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 75 - • ,.11 .......... ................... STA1'1:? ()JI llA \\11\ll 11~-1',\ltUlt:!'i rc.tt' l.41'!0 A/Ioli '\.\'f1J•1'L ltfSOIJtct!r" Jl,\Til"lfTOlllC ,,_fJ[llVA11CNCll\-IJIO~ bnUOll)' ) I, 2006 t.k1~ O Orlnio Mttlit D. 0~"'"· 11.(: 1o.i2 Brok.t-11 AnowClrt<k Eh'*'h. ColMMkt SOIOi Otar Mr GrlnicJ'. IUl ICA.\l(ilrill.A fl(llJUI\'AAU. llOO't.l'J t>Al'Of.A.I HAWAU .. \IO'I SUllJf.CTI lltuorlC! rtttfrn10011 RtYff'w-Onif'I &t\ Almlllnl m l..yd1111t1 l"nlncri1111/Dik.e l"atb l.llu•t Ohrrkl, bl1rncl Ill K.111111'1 "'!!.!.!!:. .. . ...... ~ ..... -··-·····--......... ... ...... ..... -... ~!!!\"'!f •••• .. ?.~·':E.~ .... _ ........ --·---...... _ --1-__ ,,_., ___ _ --· ... --__ ... __ --.. ""::..--··-LOO NO: 2006.0l~t> U0C NO OWINMll An:~ot)· ·ri'JK\! (.0 J.,.Q~.oo. O!t J.Q7.9(); J·OZ·!ll; ,\,OZ·OJ1 .l·U2·00. Ql o~. 06 Wt 11.t\e rt\leuat1N •t\f l)(!A lllltl l~\f llw fol!O'l\ln1c:on1mcab IU'ld<'Om'Ctloru I. Sc\:l.M.MI lJ, Nlllll) M'M.ll1Q11 it ll!C pan of DLNR, SIOM: lhMOllC PtC'C'ni11KUI l>l\i:Jlioo 1101 the Co11111~ ol K111ut M111tba YtlM b IJIC 8mncl1 Chit( or tlw llll<tllltCllllh., Oh•'IM el S111tt l~lt. "'!kb b af)I) !)¥' ot 01..i~R. l S«llo11 l.J; Mllt)'Rtq1ulnw1 i• the Olt«U)f fut 1k K.au.il ll1uoneal Sodc1y. Thtr.: It uu uteh thl~ M • KJiMI IHwodc P1'CKt\111lcm Offitc1. l~-e.,a, ll1ttt Ii 1ht K11..al 1thwf.c l'r~'illkm Rc,lew Cor1w1ti\<kwi v.blch doff nwkw 1~ t;pt; o( ~'it MK! •he)' arc: 11111kt 1/1c C'ouncyl>i KlllMI Pliu1nl"J Ot!)'1U11rt1L. 3 Altern:ifl\C I ((:l)t\UI P.a1b) pl'C!\tOll.\I) ldttl11t\rt<J hUtoric $'"" (~\,. •Ion, 1111\ 11ller1Utl\C! «M1k •tiJ 1Mttp1~1iMh" inf11n1~k>n cwld be pro,lded, 'nih •lkmahe v.ould fCQ1U1t lllil 11rch11toOloal<"I h1\'c':HtOI)' \I.It~ pl.an. kteh1s. JMld no)' ttqufo: mocihorl111 l~c:au>e dtt potcnicWI t.\l.Ms (et 11.1b!11rf~ ~1#111lon JcpoJll\ und hurNn h11n11h li11 tltt r®k kli:hl· C.)f·W~ (KOW) lkpcad1pt (In the tindu:~p. runlw:r Drd~lk!sieul \111)1\ •l»Y bl: ttqulrrd If t!ulNft ~1Nlnt •re found wtihln the ('O(rldot, prtttn'lltll\11 In lllk'C IN)' be 1he lt'(:Qlrlt!'W'11d op111M. 4 Ahcm11ln'e l (K~le/Koltt0 H1Jli"'•}') j' 1111 KttpcnMc opll>(lft Al1cm1111'~ J CC>ccurt f).iy l1b11ci11lo11 -Urrt• Cw"""' Rooi.SJ i' 1hc bt\• mirie 'l"" i1 a\-Old~ 11'111\I el lhf 1'11\1\'lf'k pmf1Mk'1>. 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I• 1\1.uf!i. j( f'll l1•1lh lt '"' fil ll1!l)l;l !Ill W11, +!ol (;, II 1i111'" "'" ....... ,~ 1M 1111~1~lit•1111.il 1ht111111111 .~l-11111o11 mil11ij11d1o 111tl.t'I ulfllll !w 11l*H1111rn1111·.t 1111potf'•ll•nlhr11.!n 11+ 11!1 ol" li1!11tlw ••ilf 11J'lfit 1111 I l4• I 'lhk "'•1• 111111 ilia ' l!lftlkl 11J IKl'IN41 ,._ llit 10111111 ;.1<l 110!~111 If ti .. ,.(\ 11"-'' ((II 1111' l+!!lllt Ul+l!OI t.1111'1•!~11~ f1•11 ~11h•'l'h'!llt~l !1• ll\I 'f\11 1'I h• ,.,.!"~ l1i1• ,j1;1 !ttlh'lflllli~fjf llH!rlt'• .. 111111 cf h:lllt.!1.i1ii11 h Ii•+ 1!+111 \'11111jl!llf'•ll,!11~1 lt"llo.-II 'lfll,IH" .. 111 ll!Ul!!l~illl IO I~ 11•·..-•l'lj tiH1i!ll•M Wt (~!H \ol!9' !I ' m 11111 jl+fi1 1•11 II i1MM01 Ill! lflJ• !JI 1, 111111 •• !!'i,.i.,.1 911 rw 11111111h•td 111111111111\11 '"' ,~,..,; .....iiwiw• ••' ill ~Ill• ~. 11ll l!!l~lp 111il~" 11111111\M •11111+1 llH!l ID lltrnl~lilf!I h)' t1'1 Nlt•'iltjll~ lft~". ,.,., •1• ifl"\!~•l'l'lfl•••1·ll 1f11i.t \I ~ht•ilk"Ml·'KIH FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 76 - SCIENTIFIC CONSULTANT SERVICES. Inc. ~ __.../ r 1 "'"' iJ f ~ ...... ~ [~-~ 711 K..plolaal Blvd., Suite 975 llo•oh1.h1, H•wal'I 9681] Susan T asaki Archilecture Branch Chief State Historic Preserva1ion Division Kakuhihewa Building, 601 Kamokila Blvd. Ste. 555 Kapolei, HI 96707 February 9, 2007 Re: Compliance for Modifications to the Historic Hanamaulu Bridge and Box Culvert Bridge for the Ahukini to Lydgate Park Bike and Pedestrian Path, Haoamaulu, Lihue, Kaua'i Dear Ms. Tasaki: This letter is in response to discussions between yourself and Jodi Chew of the FHW A and provides additional information regarding the bridge and culvert as well as engineering assessments and consultation letters. The present letter follows a letter submitted to your office on May I, 2006 and December 19, 2006 in which we solicited comment on proposed future use of the bridge. The information presented herein relates to a request made to your office for review per Sec1ion 106 and Chapter 6E-42 requirements. In general, improvements to both structures will allow Ahukini to Lydgate Park Bike and Pedeslrian Pa1h users to safely cross Hanama 'ulu Stream and second, a drainage ditch along a cane haul road just south of the Kaua'i Beach Resort in Kawailoa. We hope this additional information will satisfy compliance with Chapter 6E-42 Historic Preservation Review for proposed changes to the structures. We do appreciate your diligence and providing a comment letter to us at your earliest convenience as the process is near completion. l. Hanamaulu River Bridge History The railway bridge, occurring in TMK:3-7-02, has been designated as State Site No. 1845 and consists of a primarily concrete structure, with the deck of the bridge being composed of concrete and reinforcing steel. The bridge, operated mainly for hauling sugar cane to and from the Ahukini area, was constructed in 1921-1923 by the Ahukini Terminal & Railway Company. The bridge was part of a rail system for the transporta1ion of sugar along the eastern coast of Kauai to a terminal at Ahukini and Nawiliwili Harbors. The bridge itselfrepresents construction typical of the era: steel reinforced concrete. Additional information on bridges in the area may be found in "Sugar Trains (Conde and Best 1973) and "Hawaii Historic Bridge Inventory and Evaluation" {PHRI Inventory Survey for the Ocean Bay Plantation 1996). As is presented below, Site 1845 will only be slightly modified along its deck area and improving corroded metal bars. The bridge will not be subject to demolition or full replacement. The bridge will be rehabilitated in order to facilitate its modem proposed use as a low impact pathway. In order to provide a safe and functional pathway across the bridge, plans call for Piii: &Ot-597-1112 SCS ... Jltll\N:AU. vou11 ARCHAEOI OGJytl:flP fu: IOl-S'7·1 lt3 Nftctibor lslud Off"Kn • ll1oi'I hb.cl • MHi • K111•1 placing precast concrete planks over the existing concrete beains. Anchors "ill be drilled and epoxied into the existing beains then coMected to the planks to secure them in place. These planks will provide a level surface wide enough to accommodate users of the path and strong enough to secure railings, also a safety measures. The integrity of the bridge "ill remain intact, below the precast concrete planks. Two photographs are attached which provide an overview of the bridge from plan view and profile angles (Figure I, Figure 2). Two plans depicting proposed bridge modifications are also presented at the end of this lener(Figure 3, Figure 4). Concrete Box Culvert A concrete box culven is present above a small drainage ditch along a cane haul road just south of the Kaua'! Beach Reson in Kawailoa. The culven has been designated as State Site No. 1846 and occurs in TMKJ-7-03. The culven was constructed during the recent historic period (c. 1950s) during use of roads to haul sugarcane in the area. Only minor improvements \viii be made to the culven. The deck of the culven will be paved with concrete and safety railings "ill be installed along the flanks of the structure. Original structural integrity will be preserved beneath the concrete. ll. Structural Assessment for Site 1845 KSF,INC. 61 .5 Piikoi Street, Suite JOO s-.d ~ HonolMlu, Hav•aii 96814 .,___ Phone (808) J93-a933 FAX (808) !93-9339 44444444444444444444444444444444444444444444444444444444444444444 Project: Subject: AHUKJNI TO L YDGATE PARK BIKE AND PEDESTRIAN PATH STRUCTURAL ASSESSMENT AND RECOMM.ENDA TIONS FOR THE BlSTORJC HANAMAULU CANE HAUL BRJDGE Date: October 5, 2005 To: Mr. Merle Grimes MDG,LLC 1042 Broken Arrow Circle Elizabeth, CO 80 I 07 From: Myles Shimokawa The following is a repon summarizing our work regarding the Structural Assessment and Recommendations for the Historic Hanarnaulu Bridge (see Figure 3, Figure 4). A. Obsen·ations: The bridge appears to be in very good condition considering its age and ocean front exposure. Several site visits have been conducted. At this FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 77 - time. no exploratory evaluations such as coring and concrete sampling have been perfonned. Several minor spalled areas arc visible from the ground. The top "trough" which fonned the original roadway for the railway was filled with dirt and debris. Once cleaned, additional concrete damage can be expected due to constant moisture from the organic material. It is expected that these concrete defects can be readily repaired using conventional chip-and-patch methods. B. Structural Assessment An original plantation drawing was available indicating dimensions but containing very little other infonnation regarding reinforcing steel or the foundation piles. The bridge was modeled using a STRUDL finite element program neglecting any reinforcing steel. Loading from the proposed. new concrete deck used to widen the path was included. The structure, with smaller secondary arches supported on longer span primary arches. was found to be completely in compression. Concrete compressive stresses were in the 500 psi range. This would partially explain the few observed spalls as the absence of tensile cracks has allowed the concrete to continue to protect the reinforcing steel. C. Foundation Assessment The substructure is being assessed by Geolabs, lnc. Initial indications are that the existing foundation "ill be adequate to support the new path as the new loads will be of the same order of magnitude as originally intended. A field assessment to probe the depth of the top of the pilecap and collection of boring samples have yet to be completed. Unknown will be the size, depth, number and condition of the original piles, assumed to be timber. This infonnation will be extremely difficult to ascertain. D. Design and Recommendations Various schemes to modify the top deck for an increased width and guardrails have been reviewed. The recommend solution uses precast concrete planks attached to the existing structure with epoxy embedded steel dowels. The planks span across the width of the existing bridge to provide a widened path and will provide a durable, low maintenance pathway. lntenninent concrete posts which support steel cables arc used for their minimal visual impact and low cost. E. Cost: Estimated Cost: $300,000 Ill. Consultation Letter: KHPRC Kaua 'i Historic Preservation Review Commission Department of Planning 4444 Rice Street Lihue, Hawai'i 96766 April 23, 2006 Dear Kaua'i Historic Preservation Review Commission Members: Subject: Chapter 6E-42 Historic Presen•ation Review -I. Proposed changes to Hanamaulu Railway Bridge, State Historic Site# 1845, TMK: 3-7-02 2. Proposed changes to, a box culvert State Historic Site# 1846,TMK: 3-7-03 Hanama'ulu Abupuaa, Lihue District, Island of Kauai SCS is formally seeldng comment through consultation at the May, 2006 meeting of the KHPRC on proposed changes to the Hanarna 'ulu Railway Bridge (Site 1845) and a concrete box culvert (Site 1846). These changes will be the result of improvements to the bridge deck and the culvert that will allow Ahukini to Lydgate Park Bike and Pedestrian Path users to safely cross Hanarnaulu Stream and a drainage ditch along the cane haul road just south of the Kauai Beach Resort in the area of Kawailoa. I. Hanama 'ulu Railway Bridge: In order to provide a safe and functional pathway, plarts call for placing pre-cast concrete planks on top of the existing concrete beams. Anchors will be drilled and epoxied into the existing beams and then connected to the planks to secure them in place. These planks will provide a level surface wide enough to accommodate the users and strong enough to secure railings to. The planks will be around 6 inches thick and the railings "ill be stainless steel cables attached to concrete posts. The cables are half an inch in diameter so its visual impacts are minimal. In addition to adding the planks and the railings, minor repairs to the structure will be done. This would involve fixing spalls and removing and replacing corroded reinforcing bars. The color and texture of the concrete patches will match the existing concrete. Enclosed are reports from two engineering firms describing and assessing the proposed bridge changes, recent photos of the bridge and plan dra\\ings of the changes. 2. Concrete box culvert: The box 'viii be left in place, paved on the surface and safety railings installed. Please contact SCS at 651-5924 if there arc any questions. Si~~f<-James Powell SCS Archaeology IV. Kauai Historic Preservation Review Commission Leiter Please see attached FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 78 - V. Hanamaulu River Bridge: Geotechnical Analysis Please see attached Figure I: Planview Photograph ofHanamaulu Bridge. View to East. Figure 2: Photograph Depicting Profile ofHanamaulu Bridge. View to West. Figure 3: Drawing Depicting Proposed Hanamaulu Bridge Modifications. Figu~ 4: .Dra\\ing Depicting Cross-Section of Proposed H ul B .d Mod1ficat1ons. anama u n ge ii.~ .. . l I --~f\Tr m II\\\ \II Dll\111\l~f 01 I ''ll ''0'\TI A.U ll:LWI Ill I~ f"t (lltt I I .. , • """t' \pnl "'· :1l01 ... ~ .... ...__ ..... -..-..--.,.__.... -----\Ir J...,.. l\l .. cll ;\ICIQc<>luio 'lelcnl1fk: (QlbUllanl XnKn. h!C. 711 "9rl01"'" Rhil. 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Abll1..1m Iii I ).!pl• ht\ U1\.e ...0 hJDtr.., Pllh localcJ • ll-lL t.,lluor • .,. ohc 1.a..J (II l>au1• llllPf\"cmc'llh "' b< u ...... wrcur~ 1nlC'IMIN for u~ "_"..._of Ole 1.-.. 1~ '•rdlllaml•J,.__. .Sotdt ...... aut>ell•ol ...,.,_..,.....w11 p(llwlo.aua• Ra.~ llnOn;,, "-"""'k>a lloc RA1l"1) IJndtl<•• .-1n•.Jcd•• 111:1.1•:l.,.., lllc_..., l>JC\cahC'll •*'""'• "'1hc l'I~ """" ,., lhc Rall•I) nrWp """"~ lllUChmcol cir~ e.-1nct.-1h>< ce>nCrdC rlaa4 "'ct lhr C'.\l\l,;\I <~beam•""" fllO-') '""~>.&«I .... ch.: 11.C CIC dup-and?loJt _..,,,...to lh mofll't .plied a,....; ,.,,..O\.J .... rtr\acemC111 of <orn>oMJ <O'f ... oftl boa,..; allldo-of ~iall'CtCI \Ulitlln• .icd cabks......., c:mc~ f""I' "'\CT'<• raU1111-. IMU!lbl-o/ lftl.Cfllli(l.Clll «""-~ pool>"' '*""'"" lhc >1""4 cabk; ..cl m.iall• ... o( ..... Cl~ red po\l >llU'tvr~ nc cok>I ..,.. "''-ordw , . .,~ .,..,111n ,.,11 ..,.tdo the •""'•f. ,_,.,._ Tiw n•""'I found11-• ~ ao .,ppon ..,_ nc,. t....i .. hteh 1tt of lhc -ordrf .,, .. ..,,ni.1c .. .,..1 .... nr ~ tloe .... 1 • "°"' 11 -" • <i••iJcrattO<O ••lie ~~·r Ihm 1n...,,a-w~l.llor 1<• rcrt-11tcbr1drclllllllhcltnJi< .. 111 ,_..., ialal bclt>wo IN I""'"' c.,....Me pt..1.• \\ud.Oll IWCX>llCft'• bo~ cwh<f1 ""'"'dlll""'IJof1ho.icd "ill>"~ ...i ""uti.1-ulMf~ ra1ll•1n~•J lb< f\al!l• or IW """'~ n.. ..,i.ca ,.,11..-.~ in.tad be'°"' 1111 ~ FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 79 - 0 Mr. Patrick Leonard Ecological Services -Field Supervisor U.S. Fish and Wildlife Services Pacific Islands Office 300 Ala Moana Boulevard Room3-122 Honolulu, HI 96850 Dear Mr. Leonard: April 2, 2007 ~//'-/' 1-1-~ eb~ o?~ TA-tJ /-4:{) Hawaii DMslon BoX50208 300 Ala Moana Boulevard, Room 3-308 Honolulu, HI 98850 In Reply Refer Toe HBC-HI RECEIV D APR 04 Z007 The County of Kauai is in the process of completing an Environmental Assessment (EA) for a bike and pedestrian path between Ahukini Point and Lydgate Park along the eastern coast of Kauai. The federal-aid project number is STP 700(51). The proposed route, identified by the consultant, Merle D. Grimes, LLC., includes lands (please refer to attached map) that may contain Shearwater habitat, although none has been identified to date nor have any birds been observed on the property. We are writing this letter for two reasons: • To summarize the coordination efforts to date • To notify U.S. Fish and Wildlife Service (Service) of our fmding for Section 7 The Draft EA was distributed on November 22, 2005. Ms. Andrea Erichsen, Kauai Seabird HCP Coordinator, Division of Forestry and Wildlife, responded to the Draft EA. Ms. Erichsen's response letter (see attached) raised concerns about the possibility of wedge-tailed shearwaters (Puffins pacificus) in the project area since she had observed many dead wedge-tailed shearwaters around Hanamaulu Bay in the fall of 2005. Ms. Erichsen goes on to request that a pre-construction survey be conducted for wedge-tailed shearwaters and consultation with the Division of Forestry and Wildlife and the U.S. Fish and Wildlife Service. The consultant on the property did not complete a survey since the landowner denied access and no wedge-tailed shearwaters had been seen in the area, except for those mentioned by Ms. Erichsen. In addition, consultation with Mr. Peter Cohen stated: "After reviewing the Environmental Assessment there is no indication of any principal negative impacts on the local wetland areas by the proposed Lydgate Park bike path" (please see attached). MtMIZNG T11E --i AMERICAN ECONOMY FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 80- ( ( Therefore, the FHW A bas detennined no effect on T &E species. Please let us know in thirty days or we will assume that your original Draft EA assessment stands. However, if additional time is needed, please let us know. We appreciate your efforts since the Service's comments will be beneficial when we finalize the EA. Please contact me at 541-2700, extension 305, if the Service has any comments or questions. Enclosures Sin~ly yoWB, Pat V. Phung, P.E. \j Transportation Engineer Cc: Ms. Christine Yamasaki, Hawaii Department of Transportation Mr. Doug Haigh, County of Kauai Mr. Merle Grimes, Merle D. Grimes, LLC. I FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 81 - I • ' t t c ( ---Original Message----From: Andrea.L.Erlchsen@hawall.gov [rnallto:Andrea.L.Erlchsen@hawafl.gov] Sent: Monday, January 09, 2006 2:23 PM To: Doug Haigh SUbject: Comments on the Ahuklnl to Lydgate Park Bicycle/Pedestrian Path Draft EA Aloha Doug, I appreciate being able to provide comments via email on such short notice. I am providing the followlng comments on the Ahuklnl to Lydgate Park Bicycle/Pedestrian Path Draft EA. I am the Kauai Seabird HCP Coordinator for the Division of Forestry and Wiidiife. I work on issues related to causes of "unauthorized incidental take" of federal and state listed seabirds. 1 . It is essentlal that no additional outdoor lighting is added by the project If possible. It is my undertanding that this is the case except for potential llghts around the comfort stations. 2. Any llghting deemed necessary for safety and security (i.e. at comfort stations) should and can be fully shielded so as not to attract: Newell's shearwater, Hawaiian petrel and wedge-tailed shearwater. I can provide information on "seabird" safe llghtlng styles and encourage project proponents to consult with me on this to avoid causing "take" of listed seabirds due to lighting. 3. Page 77. Newell's shearwater is listed as a threatened species at the federal and state levels (It Is not endgangered). However, over 80% of the wortd's remaining population breeds on Kauai. The Hawaiian petrel is listed as an endangered species at the federal and state levels. Both of these species migrate over the coastal area during breeding and fledging and thus could be harmed by any additional outdoor lightlng that is not fully shielded. 4. Page 77. The biological setting and analysis fails to discuss adverse effects on wedge-tailed shearwaters (Puff/nus paclficus) (referred to only as the ua'u kani) that is protected by the Federal Migratory Bird Treaty Act. This species nests in colonies along the coast. Breeding colonies are likely to be adversely affected by the proposed action. I dlrectly observed many dead wedge-tailed shearwaters around Hanama'ulu Bay in the fall of 2005. Brenda Zaun and Keith Swindle of the U.S. Fish and Wldllfe Service also documented this mass mortality (photographs and information can be provided). We documented an enormous man-caused mortality on the north side of Hanama'ulu Bay in addition to devestatlng predation by cats and dogs, presumably. There are also several other colonies along the coast north and south of the aforementioned area. The construction of the bike path would increase public access and risk of disturbance and mortality as well as potentially result in direct removal of occupied nesting habitat for this protected species. As a way to mitigate for such adverse effects to less than significant levels, I recommend pre-construction surveys for wedg-tailed shearwater colonies by a qualified biologist at the appropriate time of year. These surveys would help avoid and protect existing colonies. In addition in areas along the bike path there should be permanent educational signs on the seabird species nesting and seen along the shoreline. If dogs are allowed on the bike path there should be a posted requirement that all dogs remain on leash at all times (penalties should be cited as necessary). Additional protective measures such as fencing and predator control may also be necessary. In summary I recommend colony surveys and consultation with the Division of Forestry and Wildlife and U.S. Fish and Widllfe Service.regarding potential adverse effects to wedge-tailed shearwater along proposed and alternative bike/pedestrian pathway routes. 5. The biological information from reports cited for the two paragraph analysis on page 77 appears significantly outdated and Inaccurate in my opinion i.e.( data from reports issued in 1994 and 2001 ). Therefore the analysis of potential effects would be compromised. 6. Page 77. Nene FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 82 - (Nesochen sandvicensis) is an endangered species listed at the state and federal. Nene should be included in the analysis. Construction activities, noise, and human activities could along the path could cause adverse effects to Nene. 7. Page 77. Hoary bat is not an avian species, but rather, It Is a mammal. Thank you for your time and consideration. Andrea Erichsen, M.S. Kauai Seabird HCP Coordinator Division of Forestry and Wildlife P.O. Box 458 Waimea, HI 96796 (808) 346-3489 mobile (808) 338-1361 office c --Original Message----From: Peter_Cohen@fws.gov [mallto:Peter_Cohen@fws.gov] Sent: Tuesday, October 03, 2006 4:16 PM To: merle@mdgdenver.com Cc: peter_cohen@fws.gov Subject: Re: Lydgate Park Bite Path Dear Mr. Grimest Thank you for your call. After reviewini the Environmental Assessment there is no indication of any principle negalivc impacts on the locaJ wetland and adjacent ~ by the proposed Lydgate Park bike path. Peter Cohen, PhD U.S Fish and Wildlife Service Pacific IsJanda Office Room3-122 300 Ala Moana Boulevard Honolulu, HI 96850 Tel: (808) 792-9409 Fax: (808) 792-9580 Email: peter_ cobon@fws.gov FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 83 - • United States Department of the Interior FISH A~'ll WIU>LIFE SERVICE heific: Islands F'rdl and Wildlife Office 300 AU MOIN blevard. Room l• 122. Box SOOSS 1-looolu!u. H&-.nii 968SO b Rq:ily Refer To: 2007·TA--01t) Mr. Pai Phong Transpoftltion EQgiDCCf Ocputmen.t ofTl1.llCJpo:ution F«lciil I liahwey A&riinistra6on Hav.'13i DivU:ioo, Box S02tl6 300 Ala Moana Boukvard, Room 3· 306 Honolulu, Hav.'aii 96SSO Subjccc Commm!son Draft fL"l!I Envitonmmtal Asstssmml ('EA) (or Ahukini IO Lydpie Pak Bicycle1Pcdrstri3tl Pa6 oa the island of K&ua'i DaMr.Phung: Thank )'OU for yow le~ o( A~l 2. 2007, notifyi~ Oil!' office of your fmding a::d dclumina1ion in the Draft Final &vironmer113l AS$C'$$1'lltd Nr section 7 of the F.odangcrcd Spctics Ael (Ad) for the proposed Ahutini to Lydga&e Pad: 8icyelc1Pcde$trian P3%h oa !be island orKaua'i. We retti\'td )'O'!lt !er.er on April 4, 2007. We~ lha1 you b.3.\-edtltrmined th3t the ptOplSCd project v.iU 00! affctt listed species tha1 rMY oorur in the aclion am: the (tdtraljy thm!ltned Newell's sbeaN'lltcr (Pu/fu1111 OflfCtJl.oris nnt•tJll) and the fcdmlly mdangcred Hawaiian petn:I (P1tJYJdromo~tia umdlt'lchtMU), H1w3iian hoary bal (losirl!S ciMrtM wno1ia). HP'lii3:1 &OOSt (Brmito $tl/Jdvictmis). liawaiianduck (Anas WJ"'il/Umo), and I lawaiiul 1noorhcn ((i.aflimJo ch!<JrOfNS Wlthitt:ruis). The EA alto il'lc!...SCS 6cicnni:lllions rqardir4 !he odangtttd Hrwaiian moal; stal (Uol!QChio scNni"'1<mdi). ~ St3 turtle (ChtlonJa .wyda:s)aod lv.tmpboct .,,.b:Jl.c(~tra n0voomglklt). Pk-ast note. tlut the NalioooJ Marine ~"isbcric$ Services. DD! the U.S. Fish a:'ld Wildlife Service, bs rcgul.alory authority Nr the Ac:c fer thesie marint species and for sea tart!es tJ-.at arc in the o;;ean aod llOI hcttltd OU! or nesling on ibe beach. \\1c disagree ....-ith your dc:ccrminalion lha1 Ille proposed project Y..ill ftDl affect liS1od spcQes in the 'icinity or lhe proj«i area. Aller rn•itwio,e !he Draft Fi!W Ettvirorimco1al As9c:ssmcrli. we ~ cocxemcd that tbc prt)p()$0d &elion m!)' affect, hov.'C'YCI' is not likely 10 ldvcl'$ely arrcc1.. listed Species. If liahlitl& amcisttd with the bicycWpcdcstrian path is do'l'-wbitldtd a:ld lights use the shor1esa poles pGSSi~e aOO do ~ cxknd ab<n-e the htisM of niSti~ vrgctstion, tl!is '1'-i:ll millimiu lhe pota:ilial (or d:isorim!itli liSted seabirds tmdi.og to or from l.hci1 moolllllC ocsting att1S am minimize wllisions of !iskd Qirds and bats with I~ poles. ln ookr '° mi:iimiic the affc:tt of I.he' prOpO$(ld project on !istcd waterbirds. dist!.lbmce from c:oasr:ruc::1ion and incmisod MimM acti'ity a1orc tbe proposed path sboWd be kept ~a tni::nimum. Edoonior.al TAKE PRIDE'iE:::.' INAMERICA~ RECEIVED !UY -1 iltll llllJNIIllld Mr. Pal Phung l sip sboutd bestnllegically plaoed alq the P-'.llh 10 inf om the general public or Mtive wiSdlift i::n the .-ea and K.aua'i's pcl ka.41 b.~'$. Wcdptailcd *8rwaters(Puffir.J.d podftellS clt.'ororlr;nchlu) may Desi in linoral 'qeialion in the pro;ttt area, and ~ing adulis rmy be displactd by ccristndion of ihis pall. Thi.1 species ts Ml dircr.ened or enc!angmd. but it is federally pro4edod from late wdct :he Mi3™0ry DUd Treal)' Act tl6 U.S.C. 703·712). s..,.,, for wolgo·wkd"-"'"""'°'14 be -plelol d'uring the peak breeding 9C3SOII, All&llSI throi;.gh Oti.obcr, to dcl.Cn'ni:ie 1hc location of nestinc adu!ls. We ag1te ....-ith yow proposed milig:tion measi.:re that if \\'Od&e-Wlcd shcarwaicrs nest along the proposicd ~ignmmi. the ~h sboufd be rodirtttcd io an aru whtrt wtdge.Wled $hear\\'Men do not nest 10 aYOid lllte. We ap .,,.'ith )'OW ~crmiMlioo the proposed project will 001 afl'~ c.mna,ercd o: lhrcal~ plant species or their propostd or d.tcd c:ritiW h.'abi.at. ~ to 1he best of «r k:no\\icdg.c, oo (odcraUy listed pl3n1 species or proposcd0r cbigniud critical tabitaa are prestnt along the proposed a!ignmc:nL We apprctUk your efTO:U '° coastrvt mdanpd $pttiCS. If )'OU ha\'t· questioos, please ~ Patrite Ashfield, Coasuhatlon and Ttdln~ Assi$W!Ct Program Coordinator (phoae: 8081792.· 9'000; laxo Sllf/192·9511). Sincerely, Patrick Lron.:ird field Supcrvisof FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 84 - ·-·--· -·-·· @ STATrorHA."Al1 orrutf'll 'l' Ot'lA'•"'-""""''L inoi .-o; \"-'\ll.~ \lr\fitoftfC~ vnr .. 11c I .. ! &:lm ~ C•dt l.lntdh. CU 10 17 OurY r .... .a "t '" ' n: ,. 1un " "' v.tell.&Aa1U\'411D lu.llW'~' ,.,. I !I~ '11 ........ -.. -·--· _ .... __ _ lO(i \(.) ;xos. 1(16' DOC' \:0-OIOl\ 'tie ,.,_...., TH K .... •l llhtl.A.tiw 'll1 11., ... 1 •. II•••• .,,..u M•. N•ncy MoM1thotl \1•r<h 11. 200~ StAlc ll15iono l1tt1r.Mllon 01\iJkln Ktt).uhlhcYi"I Oulld1ni, 601 ~•moldla ijlvrl, Suh< $'5, Kapulcl, How•l'I, 116707 ttt;: roncurttnct of "'Nu Ad\tr\f Ef'fcC'l" ptr 1ht I l1n11t1ri11l1;1 R11llroad Drhlict Rttront (Stt1e.8lt'° ;-io. ·1845) 111d f'oncrert Roi ('11h'ttt (Sis.le Slit No ... 18,.6) \o'llth1n thtAbuklnl•l.)'d~llr Sttltll'fll or lhc. 61kt •nd l'cdntrl11n 1-'tih rraJ«I lkar !\h. Mi:Mohol\' TI1I\ k1t1:1 ru.1\ le~ ce"~uh11don tin date:) on ptti~ mnd1fit"0111ot1• in the: :abo,,c nCMcd UNCU.lrtJ and ~kJ formal SJll>D c~umooc of '"no tid\tfK impllC't" on th~ tdttorlc pmpc1lkJ wi1hin the Ahukini·L>'d!'MI: Sc1JT1(1U of1bc Olke 1u•d P~1111 l~alh f'ro)tcl romdor (P•1h) Plcil41 nulc d\lt no Mtnll)Nudum ur Apmcn1 (MOA} wa1 require\! rof thl1 acpntn1o(1ho riuh rroJcct, allbl'Mllth all itic h.~IKh or rtll MOA rar Oilier flCW'J'tnt1 of lhc Pu th v.crc roUO\l.'<d foe 1hi11CWJnan1 Mlll~11ui1of111.®no Suucturm; T"-o ti1uone r~"f1jt\ wcN kkii.illleJ 111 tbc Ahuldnl·l.)d~ILIC path corridor. Hl\n1m11ulu ("w I hrnl Uridiie tSUltt Site No. ·'845) and a concn:te boX \.'\ll\'Crt ($u11: She Nl1 • 1846) l.n K•""Uoa .. \.todcM 11MXhr1c.1tuoo1 to bulh •tMtum ha\'C bcrn p~d A" n:qulrcd !ft rnost MOA 't. con1ulWJon w-.1h 1hc SllPD t.a10«Urm:I A lcuerdatcd ~1ay I. 2ootl WM aubmilttd 10 Stlf'O {S. Tawikl) for ~'Ontl1K'fl1 A 1oecond (.'Olt1pli.ance kth.'T w11J ;ubm111«t 10 M~ TIL'Nk1 or S•IPO on 1:cl1ni.sry9. 2ooi ruM.t •ddrcncd htrcont>Cn'li o(modllk1u1on• ti.> lhc\C t,11Ut1ure,, Sl1PO (S Ta>IWI 1t1poodcd In .. i\pnl V, 20071clt<r(~00 N0.:2007.0!97, DOC N0.:070lSTI j) ("onsuhation win 11lt0 complctctl \•i• 11till Sl"ftkln 106 d°"-umcnu bchl.Q aubm11tcd to th< I «1<111 fllllh••>"'d'"lnl<lr>llOll (lllWA). Th• ~WHA ha• convncrm:d, \\'1lh 1hc: only CC11tl1t\C!nt betn& 1hcy rtqUlni • kucr or .. no ;id~ enc cffe<I .. ptr thel>ttd;.c11.1.Sc111\c:-n rtom1~s11ro. Cmu.:ultalion pc:1 the two hl .. tori, >tlUCtlltti ;i1w otcurrcd whb the ruu mc:n1b<rlhip o( the KJunl I llHOllCI rrt1cfVi1ll01' R~vw:w ('__(ln\mltitc tKlll'A.C) in ~pnl.1006. The Kl IPRC scnmlly aijl«d whh lhc mot!lllt:a1l .. 11 lll\d "'llil<'"d • d11Tco:nl ,.111na '>""'" aloni 1hc Hllnami.'uhi Cane llaul Oiid,gc. l1111.kh1k>11, conii1.11tadon l..U 1IM> bc-c'n fonnnlly acqulttd dunna meeunp for di9Clls&Kln or1hc En\1TO!lmcnl.IJ f\$~mienL The public mcl!'linp \\CR hchl on June ~2. 1005 (lbnm•'ulu, K>ua't), All!."'' l!, 200! (l)'<lgotc l'••k. KnUAI). M•Y 23. 2006 (I .)'d&iJlti Park. l<iul.tiJ). and I cbruary 26, 2007 (L)'dp1c l,1uk. ti.tnui~). Public \.'011\11\Cf\1 ()U tho p:o~d 1ouung w1H «i«cn-c:d du.rln11hnc mc:cdn~' Hl•tade Pto.cn·adon cocw:cmt \\l'tt n11n1mlll. Of nocc:. lhc Om~c "r Ha...,,il~n Afflurt tOl IA) provided wnnm -hr •f'l lllJ /sa-••,_ .. ,, •• 1.,,.,,.rm1111t1H"'-\hll ... ,.,.u•t '"'~ .... --"' ................ "' ........... 1 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 85 - -1-~•'-""-10l6lf« ~ "~tr9""1&-'Qn-cisc=s•crr atdlmcd m l&crb:a ..S • * *""t -1 fomm. •dz "HPD !« ~. llC'ml ..._ .. t.... ~An*· •pll rim • ml ioeic EPOum'"' • 1"" _ . nr .\.\IPu.nca;•alJaarti~lllercdtt ....__.,cyc!m~ \llilm·l.)illplc acider •• ~ ~ SC_ »$coli gial ~OD ..-ml -. tkmi:.~• r~...---'-* aaami ~ (Dcpad"' di.~ )•Udl-pr-.lb~ ~HPD Onh dlr!Ma. .. ll!Wd -~wm: ...... ~dl:!d: ~. ,;,rtC!tlrr Cllc:S aodd oa:s bc..a lbt mrucc. md 1! ~. 'tit u:micd Mamim::;. -izbi:ca~-lilx>l'C. tla't t.:m., ~ D lqlllliq ~ d tbc ~ n..JifiaDau l'Cilg .t.mc 1119'1" 6c <1<-I "5)orlkat<mt ~ li)Cll•llddii;;tUl}:adoi:i:ml~ rcpdilc a=-t .,,.or ~p'Cplftd ._. ~ -'t!lr: lli!mrlC ~ .. ., ri1 lad., )GI ! • " TlaK -li:r-"Om-lllf wc bJl :cw.11 D )W'etaiDICXI: ldlcfcc-.... ~~JIN-! lonr ~ Ll:'IDA U~Gu; CiO'IU..~ClrK~trAJI STATEOFHAWAU DEPARTMENT OF LAND AND NA TllRAL RESOURCES March 13, 2008 Dr. Michael Dega, Ph.D. Scientific Consulting Services, Inc. 711 Kapiolani Blvd., Suite 975 Honolulu, Hawaii 96813 Dear Dr. Dega: POST OFFICE BOX 621 ltONOLULU. llAWAll 96809 SUBJECT: Section I06 (NHPA) Consultation Federal Highways Administration Hanamaulu Railroad Bridge LAI,;~~[;\' ~~~~~~~)if LOG NO: 2008. l 024 DOC N0:0803KK08 Architecture Retrofit and Concrete Box Culvert with in the Ahukini-Lydgate Segment of the Bike and Pedestrian Path Project Hanamaulu, Island of Kauai TMK: (2) 3-7-002 and 003 This letter acknowledges receipt of your transmittal of March 12 received in our office on March 13, 2008. Two historic propenies were identified in the Ahukini-Lydgate path corridor: Hanamaulu Cane Haul Bridge (State site number -1845) and a concrete box culvei1 (State site number -1846) in Kawailoa. In regards to the proposed project. Susan Tasaki of our office made the following comments in a letter dated April 9, 2007: "We concur with the proposed rehabilitation of the Hanarnaulu Bridge and the box culven. Reuse of the Bridge as a bike and pedestrian path is an exemplary alternative to its demolition and replacement. This project provides a safe facility for the user and the community that preserves an aesthetic and historic resource and therefore exhibits a context sensitive solution" (DOC NO. 0703STI 5). As such our determination for the purposed project is "no adverse effect." Should you have any further questions please contact Katie Kastner in our Oahu office at (808) 692-8023 or katie.j.kastner@hawaii.gov. Sincerely, --A~J~t~v~~J 4, Laura H. Thielen State Historic Preservation Officer and Chairperson FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 86 - 11,0\1 IMil-t: 111\'lll"''ll<"llll\.\\NI STATE OF HAWAII OEPAl\'l'M€S'I' Cl!" I.ANO ANO NATURAL RE~OllR('F,S Merle D. Grimes MDG.LLC I 042 Broken Arrow Circle Elizabe1h. CO. 80107 Dear Mr. Grimes: DIVISION 01• IOl<F''IRV /\Nil Wll Ol 11'1' Ki\Oi\I DISTRK1' 30001 IWi\STMll r. ROO\I JO<i Lii llll. K1\UAl, llAWAll ~Jf17M Oclober 27, 2008 I \1Jt~H 11111'1 t' UN,,_1 .. ('o/ l!<"l"l"''"'~A•f!•hl1•\l~l\l•llll\ ,,..., ...... ~"''"'llt•lt•_, .... ""'' .. \ ............ . M'l'.l,MY.'.\11.Uh ll!l'l ll'U1tHt• llUll !•l~::~!~!;~·:~·~':i~.\;"" ,,..,,,_...,..,,,., .... , .. 11 ........ ,..1,1, .......... ~, ~"WH\n,.#"-°"'"lt\MIAll•\I" .._ ...... ll\'~llf ... '1111111 ,,.,. "'"·'·"'"" ..... :~,!~~~:.':.'1••9' ,.,~r·•"""' ... ..,\ ..... l(fJ"•~Ul ... "•l•l"\\'IOOtft(Y'Wo1'! .. ~ ""''Y•\ This lellcr sununari7,CS findings or a scnbird nes1ing survey u11d provides for recommc11cln1ions ond condilions for lhc proposed ·'preferred alignment" of the /\hukini 10 Lydi:ate Park segmenl of 1he Kuuai Cou111y Hike and l'cdcs1rian Path (Maps I, 2, anti 3). 1 he aJ'ca surveyed is !he nonb side of llanamaula bay (Map I) nlong 1he coast and makui of !he old sugar cane road lo the south of I lil1011 Lane (Map 3) for nesting ac1ivity by wedge-tailed shcarwmcr:; (/>11@111" vaciticu.1) on July 22. 2008 al 9-11 am. This species is not listed threatened or endangered but is protcc1cd under 1hc U.S. Migrntory Bird Trcaiy /\ct (16 USC 703 cl seq.). The urea defined as pulygon "A" on Maps 1 (/\I) and 3 (/\2) contains potentially suitable ncs1ini; habital for wcdge-lailcd shcarwaler and is considered "occupied habitat'' based on observations in 2006. and 2007. The Kaua'i Division of Forcsuy and Wildlife (DOFAW) has been inlcrcstcd in conduc1ing u formal seabird survey for the area, however. 01her projects of higher priori!)' have iaken \he forefront. Therefore, lhe exact number of breeding pairs is unknown al I his 1ime. Other ureas wi1bin \he aforementioned path segment nrc nm hishly suit<1blc lor this species due to vcgc1a1ion type and land use history, however. care should be 1aken 10 assume presence anywhere along 11tc coast. Seabird mortalities have been documented in Polygons ''/\I and /\2" with 1he likely culprit bcini: feral cats and/or slrny dogs. People may cuusc uni111ontional ham1 by walking 1hcir unleashed pc1s along the shore line however. this hn~ nol been doeumcn\ed. W~'<.lgc-tailed shearwmcrs arc ground ncs1crs and generally breed from February to November. and pairs lay a single egg along cousml vcge1a1io11 such as beach naupaka (Srae)'0/<1 wccada). between rocks, and under \rec roo1s. llirds re1um aflcr nighlfoll bc1wccn 7:30 to 9:30 p.m. 10 feed and cure for their chick and deparl for 1hc open sea early the next 111omi11g 013:0010 5:00 um. It is not uncommon to hear birds calling or sec them overhead near their nesting orcn. 13ascd on the habitat type. and rcccn1 documcn1mion of nesting activities. it is recommended 1ha1 the proroscd bike path alignment be either placed on the old cuno roadCsl or adjacent (makui side) to the old curw road(s). TI1e following condi1ions urc recommended 10 avoid. minimi1c, and mi1iga1c for potentially negative impacts to ncs1ing seabirds and their habilal during lhc constnic1ion phase ns well :1s 1hc long-tcm1 maintenance ol'thc palh project: 1. The C(lunly should consu 11 with DOFA W during linal design of 1hc palh alignment During this consultn1ion DOFA W can share new biologic<~ informmion that could guide path conslruclion and management practices (including fencing, predator control/removal • monitoring): 2. The path alignment shotild s1ny wcsl of polyi;:ons "A I and A2" (Mops I nnd J), preferably on lhc existing cane road: 3. Scenic overlooks should he incorporalcd north or bOUth of 1he polygons "A I and A2" areas: 4, The County would fund dc$ign. produc1ion. installation, und 111ointcm111cc of intcrprctil'e and regulatory signs per DOf AW guidance on ~tintent nnd location. Approximately two (2) ime1vretive signs and 1wo (2) rcgulalory seabird signs are recommcndl-d ror this scgmcnl of the bike pnth (i.e. in lhe vicinity of polygons ''Al and A2"). DOFAW has already provided County and ils consultants wi1h some tcxl und gruphics und will continue assist in guiding 1hc comem as well ~s placcm~nt ol' lhe imcrpretivc and rcgulutory signs along 1he path; 5. Resloralion of nalil'c coastal vegctalion such as beach naupaka and other native beach shrubbery is recommended ns part of;1ny landscaping plan for lhis scgme111 of Lite bike path; 6. Tree removal within known ncs1ing ureas should consult with DOF AW to determine whether or 1101 nesting bun'Ows arc near 1hc nffccll'<l lrec(s). Wcdg,e-rnilcd Shc1Lrwu1crs breed on Kaua'i fro111 Feh111ary 10 November and lrce removal and earth disturbance should he avoided during 1hesc monlhs unless biological moni1ors 11re on hand to supervise and ensure adcc1uatc pro1eclion or the species: 7. Existing native vegc1a1io11 should be protected 10 tht: maximum cxlent practicable: 8. During conslruetion and nwinlcnancc octivitics. best management practices (BMPs) shnll be imph:mcntcd and monilored 10 avoid Lrampling vegctalio11, crushing btm·ow:; bcncalh. and creating palhs lhrough the vegetation: ~nd 9. No outdoor lighls shall be inst111lcd nlmtg the p111h. With implemcn1atio11 of these measures, th~ potential adverse impacts or the proposed projccl lo protected wedgc·tailed sh~arwalers will be miligmcd 'lo l~ss than significant levels. It is our hopes 1hat the Counl )' of Kauai will collabomtc willt DOF t\ W for a long-term scahird habiint management plan for the area. Andrea Erichsen Cc: ·111omas Ka'iakapu. Kauai Wildlile Manager FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 87 - PREFERRED PATH ALIGNMENT Jfhuldni to Lydgate Park Bike J Pedestrian Path °"""""' """"'- PREFERRED PATH ALIGNMENT .lfhuldni to Lydgate Park Bike I Pedestrian Path CotanryMl'Atul., ~ ~ ~ c:.:::: "O•T°' '''·zy ·~cr .,.~...,. . , - g::==_ ~ --, ~ -...,,..,. .,,,,.,.,,.,,.. '-""""' ........ --.~ ----,.,_..._ _ _.,. .JU--~-­-·-- .... --_ .... _ ..._:-.~· ~ , __ T'*"'1 a,v..., FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 88 - June 1, 2009 Mr. Patrick Leonard Field Supervisor United States Department of the Interior Fish and Wildlife Service Pacific Islands Fish and Wildlife Office 300 Ala Moana Boulevard, Room 3-122, Box 50088 Honolulu, Hawaii 96850 Re: Ahukini to Lydgate Park Bike/Pedestrian Path Project Dear Mr. Leonard: If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Merle D. Grimes Principal, MDG, llc Cc: Doug Haigh I am in receipt of your February, 2009 letter to Mr. Pat Phung with the FHWA regarding Informal consultation for the Ahukini to Lydgate Park Bike and Pedestrian Path project on Kauai. As the project consultant under contract with the County of Kauai to complete the Environmental Assessment for this project, we acknowledge and agree to the conservation measures that you outlined in the correspondence. Your letter and this response will be included in the Final Environmental Assessment document. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 89 - Resulntory Br:lllch Merle Grimes DEPARTMENT OF THE ARMY U.~. •RIAY CORPS OF ENGINEERS, HONOLULU DISTRICT FOAT SHAFTER, HAWAII 9$8!11-6440 July 8, 200' 1042 Broken Arrow Circle Eli<abeth, r,o f«\107 Dear M1'. Grimes: PO!l-2009-0Q 194 Tniti is in rc~-ponse to your Email corre>pondenco of May 6, 200? re<(lle6tinQ n Dcpor1ment <lf the Army (DA) Jurisdictional Dctcrrnina:ion (JD) lor proposed culvert rcplucctuctit for the Kauai llicycle and Pcilestrian Pttlh over an un-namcd ditch adjacent lo Hilton Lane, ncm Lihuc, Island of K.alllli, I lawaii. Your propo~ed 1irojcct was TC\~tweJ pi:rsuanl to Sootion I 0 of tho Rivers and H~1bors Acl of 1899 (Scclion Ill) and Section 404 of 1he Clean Water Act (ScctiQn 404). Section I 0 r~uircs that a llA pennit be ob:ainod for certain stmclure.~ or work in or affecting 1Hvigablc waters of the United Sta:c• (U.S.), prior to mnducting the work (33 U.S.C. 403). Navigable wale~ of tho U.S. arc those wntcl'll •ubjcct to the obb and tlow oft~" tide shoreward lo U1e mean high wnler murk, and/or other waters identified as na''igablc by Llio Honolulu District. lo additio1\ a Section 10 p•11nit is requir·:xl tor structures or work oul~i<le this limit if they affoct the course, lo::•tio~, or conrlition of\l1e waterbody as lo lts navigable capacity. Som~ typical example• or structtu-es or work requiring Section IO pennils within this jurisdictional area include hcach nou1isluncnt, boot rdmps, brcakwntcrs, bulkheads, dred~ni:. lilling or dischuging material such as sand, gravel or stone:>, groins und jetties, mooring buoys, piers (seasonal flt permanent), placement of riprop tbr wave llrotcction or sU'ear.ibank slubili,,arion, hoot hoists, pilings and construciinn of marina facilities. Section 404 rcquil'eS tlrnt a DA pel'mit be obtained for the plno:emrot or dischwgc of <lre<lgcd and/ur fill matcrinl into wat(,'l'I of foe U $., including wetlands, prior tu conducting tho work (~3 U.S.C. 1344). Por r•gulntcry purpose&, the U.S. Amiy 0.irps ofEnginccrs (Corps) defines well ands as those u:eas thlll arc inundated nr saturuted by surface or £rll'Jndy,ater at a frequency and duration suffic-i<-'Ol to support, ond under nonnal circunistal\OOS do 8upport, a prevalence of vegetation typica.lly adapted for lite i11 sal:1rated ooil oondlt'.ons. 'r.10 "'""of Corps juris<iictino und~r s.-ction 404 ~x1c1tds to the Mean Higher High Tide ~inc (IVIHHTL) or to th• Ordinary l'lig)l Water Mark (OllWM) for naviiJllble wuters other than tho PacificOce1.n, 011d !O the upland bound•rY of any adja<•l!L wetlands. Projects involving di<ehargcs typically include placement of till nudcrial for homes and land.1capi11~, impouncments, causeway;, ro~rl tills. dmns and rlikcs, riprap, groins, brealcwal~rs, revetments, and beach nvu1·islunet11. Section 404 also rc!llllutes di;cha:ges of dredi:od rnateriol incidenlal 10 certain ac1ivitics such 11~ g1ading, mechanized l!llldclcaring. ditching or olhcr excavation actMty, and the ms111lation or certain pilc.-supponcd stl\lci urcs. The un-namcd ditch 41 this localion is not consfckrcd a navipble watCJ of the U.S. and 1hercforc a Smion I 0 permit is not required. While 11 c have dctc:nnined that the ditch ot this location Is not considered a navigable water of the U.S., we luive determined that the discharge of any fill matcri~ as pM of1hc pro~ cutvc:n teplt10C111cnl may lu1c the po1cntial to lmp:ld the physfoal, chC111iCll. or bioloaial mtc:i;.rily of a tradition; I nav1gublo water or the U.S. ond wt II require 1 permit undCf Sa:tion 404 and )'Oii will need 10 apply for and rt«ivc llulhorma11on ftom the Corps priorto stamng 1uch wolk-A map of the site is enclosed. You may 1cx:ess our website QI ht1pif/1Y"w.ooh,u,~cc amWsJDJI EC-R/EC-R,h!lJ) 10 download copiC$ oftbe DA pcrmil 1ppllca11on m:ucrials lhal you \\ill need 10 complete and subruil 10 us in order lo rcquc=sl authorization to perform any activitim falling under the Corps' Jurisdiction. IU d~b«l In 1hc application matc:nalJ. you will need to include plAn and crOSS•Kdion vic:W dmwi""' of your proposed work m S 112 x 11 inch format. Our ~ion ofjwisdiction i~ b4Md on out doeumcntntion thAI the W11teibody in qucsuon is a water of the United States Wld recognition llull the use, dcgmlallon, or de!itrudion of this w11tcrbody could 1Cl'cct intcntatc commerce:. This letter contoms on approved JD for the site in question. If you object to this determination, you may requt:$1 llll Adminis11111ivc Appeal under Corp~ regulutions 11 33 Code of Federal Rqiulatlons (CFR) Pan 331. We have enclosed o Notification of Appcitl Proccss lllld Request For Appeal (NAPIRFA) form lf},,U rcq~ to appeal this dc1cnnina11on you mll$t 511bm11 a completed Rf A form to 1hc Cocps' Ptlcifie Ocean Divts1on office 11 following eddrcss: Thom Uchtc, AppcalJ Review Officer U.S. Anny Coqis of Enginccn Pndlic OCQJ\ Division, A TIN: CEPOD-PDC Building S2S Fort Shafter, HI 968S8·S<440 Ln ordCJ for 8JI NAPIRFA to be ac«p1od by the Corps, the Corps mll!t determine that the RFA is complete, that it meets the criteria for appeal under 33 CFR Prui 331.S, Ind that 11 lw beal rtcdved by the 01Yis1on office wuhm 60 clayi of the date of the NAP/RF A shed-lf you decide lo submit an NAP/RF A farm, it must be recd vol al the above address by September 6, 2009 II is not nCl:CSSUY 10 submit on NAPIRl'A form 10 the Division office 1fyou do not object to the dttennination in this letter You may contact Mr. Lichte al (808) 438-0397. This Junsd1c11on dctcnmnation is wlid for a period ofli11c (S) )'Cll1 !Tom the dnlc of this lcucr unlm new infO!lllltlon wnmu11s revision of the dclin~rion before the expiration d1uc. 1l:t<lnk you for giving us the opponun.ily to ~cw thi~ proposal and for your coopcnition wltl1 out regul11ory program Pl~ be advised you can provide commenls on )OUr C'J(ptriencc with FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix C Agency Comments and Consultant Response to the DEA - 90 - • 3 • lhc Honolulu 015tnel Rcguh110ry Branch by accessing our wd>-boscd cusromer swvey form 11 h!tp://oor2 nwo.usac;e.a!!Dy.m!Vsyrvev.hlm~ Should you hm: any qucstJOl1$. plcaic conuoa Mr. Rcbcn Ocrochc ofllus office at the •bo'" address ortclq>honc 808-08·2039 (FAX: 808-438-4060) or by E-Mlll ot rotxr1.1!.dsn1dx;2fii UQC<-l!ODY mil. PlcMC tder IO File No. POH·2009.00194 in oil future communlco1ions wiUt this office reprdjng this or oiltcr projcas 11 thu lOC111on. Sine<tdy, Flo .. ..i.an RFA Document • 4. Admlnlstn1Uve Appeal Process ror Approved JurtsclCllOMI Determlnallons Ol*tt .... ,_ _,. , ... ,....~ICll*' ...... ~ ..... -lrA .......... o "'''"#hi c "' "' c..,._..,."'"'"fllllt• ...... "*in:ID ........ kO....,.,.....,.. ... ~-...-'°"°"'*)l'tNMl~tl! ...... I .......... lflll'ttli ....... ..,. .... .. ..... ~,. FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix D:  Archaeological Conditions Report  Archaeological Monitoring Report  Preliminary Geotechnical Reports  Geological Status of the Shoreline Report  Structural Report  D-1 ARCHAEOLOGICAL CONDITION REPORT SCS Project Number 426-3 AN ARCHAEOLOGICAL CONDITION REPORT FOR THE AHUKINI-LYDGATE SEGMENT OF THE KAUA`I PATHWAYS PROJECT KAUA`I ISLAND, HAWAI`I Prepared by: Michael Dega, Ph.D. and James Powell, B.A. September 2006 Prepared for: Merle D. Grimes, LLC. 1042 Broken Arrow Circle Elizabeth, Colorado 80107 ii TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................................ ii LIST OF TABLES .......................................................................................................................... ii INTRODUCTION .......................................................................................................................... 3 PART I PROCESS SUMMARY ................................................................................................... 3 REQUIRED/COMPLETED TASKS.................................................................................. 3 TO BE ACCOMPLISHED: ................................................................................................ 5 PART II KNOWN ARCHAEOLOGICAL SITES: A SUMMARY .............................................. 6 A. AHUKINI POINT TO THE RADDISON HOTEL AREA: ......................................... 6 B. WAILUA GOLF COURSE TO WAILUA RIVER ...................................................... 8 C. CULTURAL RESOURCES FROM AHUKINI-LYDGATE ..................................... 10 PART III SIGNIFICANCE AND MITIGATION OF THE SITES ............................................. 11 PART IV SENSITIVE AREAS DURING CONSTRUCTION OF THE PATHWAY ............... 12 ECOLOGICAL SUBZONES AND ARCHAEOLOGICAL SITES ................................ 14 HISTORIC PRESERVATION CHALLENGES .............................................................. 15 PART V: INTERPRETIVE SIGNS ALONG AHUKINI-LYDGATE PATHWAY .................. 15 CONCLUSIONS.............................................................................................................................. I REFERENCES AVAILABLE......................................................................................................... I LIST OF TABLES Table 1: Lydgate to Ahukini Sites (North to South) .................................................................... 11 Table 2: Potential Signage: Ahukini Landing toward Wailua River .............................................. i 3 INTRODUCTION This interim report discusses the various archaeological and historic preservation issues related to construction and maintenance of the Kaua`i Pathway project and focuses on the segment stretching from Ahukini Point to Lydgate Park. The report lists the initial requirements per significant historic or cultural properties occurring within or near the alignment, describes known archaeological sites having been documented along this segment, the estimated significance of these sites, and potential mitigation of these sites and sensitive areas during construction of the pathway. As a quasi sensitivity zone report, predictive models are forwarded which detail any possible historic preservation challenges that could impact construction or location of the pathway. PART I PROCESS SUMMARY Several tasks were required concerning historic preservation issues related to this project. The results of several tasks are summarized below. The tasks outlined herein are born from discussions with N. McMahon of the State Historic Preservation Division (SHPD), LaFrance Kapaka-Arboleda, former Chair of the Kaua`i/Ni`ihau Islands Burial Council, and rules governing such work. These are essentially redundant to requirements established for other portions of the Bike and Pedestrian Path, particularly the Kapaa-Kealia segment. The tasks outlined in the latter segment were formalized through a Memorandum of Agreement (MOA). The present segment (Ahukini-Lydgate) does not have a formal MOA in place yet the tasks are the same and are in fact governed by the same rules. In essence, these tasks must be performed per SHPD request or a violation of State law will occur. Thus, it appears as though an MOA is fairly redundant in this case. Also, the required tasks are effectively outlined in the Environmental Assessment, a public document that has been available for review. Please note that the MOA for the Kapaa-Kealia phase of work did not require a formal Cultural Impact Assessment (CIA). A more parochial version of a CIA was completed for the Ahukini-Lydgate portion of the pathway even though it was not required. Required/Completed Tasks For the Ahukini-Lydgate segment of the Path, several tasks related to Historic Preservation were required. These tasks are somewhat duplicate to the tasks outlined in the Kapaa-Kealia MOA and all serve to show that no “adverse impact” will occur on the path alignment as mitigation will occur to prevent such. 4 1.Consultation with the SHPD (N. McMahon). This task has been completed on numerous occasions over the past three years, the latest being June, 2006. Ms. McMahon is in agreement as to required tasks for this project (see below). 2.Archaeological Monitoring Plan (AMP): An AMP was written and submitted to the SHPD for review in July, 2005. The AMP was accepted by the SHPD and outlines the provisions and procedures to be implemented during Path construction Monitoring work. Protocols were established in the AMP should significant cultural resources, inclusive of burials, be identified during Monitoring work. This AMP must be followed based on State law. 3.Mitigation of Historic Structures: Two historic properties were identified in the Ahukini- Lydgate path corridor: Hanamaulu Cane Haul Bridge (State Site No. -1845) and a concrete box culvert (State Site No. -1846) in Kawailoa. Modest modifications to both structures were proposed. As required in most MOA’s, consultation with the SHPD has occurred. A letter dated May 1, 2006 was submitted to SHPD (S. Tasaki) for comment. As of this writing, no comment has been forwarded regarding modifications to these bridges and they are deemed acceptable (SHPD 30-day review period). SCS also forwarded these modifications for review to the KHPRC in April, 2006. The Commission generally agreed with the modifications and suggested a different railing system along the Hanama`ulu Cane Haul Bridge. 4. Burial Treatment Plan (BTP): No BTP is required at this stage as all burials occurring within or near the proposed corridor have been previously subject to BTP’s, these all accepted by the SHPD and the Kaua`i/Ni`ihau Islands Burial Council (KNIBC). A BTP will be required if remains are identified during Monitoring (see above). In addition, once the final proposed corridor was established, SCS discussed the routing with the KNIBC at several full meetings of the council (February 2006; April 2006) and no new burial sites were discussed. 5.Data Recovery Plan (DRP)/Implementation: No DRP is required at this time, prior to construction of the path. If a significant cultural deposit is identified during Monitoring, SCS will consult with the SHPD and determine the level of Data Recovery testing needed for the deposit. 6.Field Inspection: Pedestrian survey of the entire Ahukini-Lydgate corridor was completed by SCS archaeological staff of several occasions. The data is presented in the Environmental Assessment. 7.Preservation Plan (PP): At this pre-construction juncture, there are no significant sites occurring within the proposed pathway corridor that required Preservation. As is presented in the Environmental Assessment, an initial draft of interpretive signage has been forwarded for review. This signage will be reviewed by SHPD, members of the local community, and members of the KHPRC prior to their manufacture and placement along the pathway. 8.Consultation: Section 106 consultation per this portion of the Path has occurred on numerous occasions, as is outlined in the Environmental Assessment and County website. Additional consultation pertaining to pathway historic properties has also occurred on numerous occasions with the SHPD (N. McMahon), KHPRC, KNIBC, and the Office of Hawaiian Affairs (OHA). The latter commented in a January 3, 2005 missive from Clyde W. Namu`o, OHA administrator, pertaining to the draft Environmental Assessment. 5 9. A formal Cultural Impact Assessment (CIA) was not required for this section of the path as the submitted document is an Environmental Assessment. The CIA would have been completed if the document were an EIS. A CIA was not completed for other portions of the path (Kapaa-Kealia, etc.). For the present Ahukini-Lydgate alignment, a cultural assessment was completed however, which is presented below. As part of a more formal CIA, community input was offered and provided during multiple meetings; no “adverse impact” statements were made during the meetings. In effect, through historic research, coordination and correspondence with the SHPD and KNIBC, and community meetings, a finding of “no adverse impact” can be determined for the suggested pathway route. These methods do not take the place of a more formal CIA as none was required for the present EA. However, the same principles have been applied and again deliver the same outcome. In total, the requirements of an MOA, if one had been completed for this phase, have been met and even surpassed at this juncture of the project. The following details specific tasks required to complete the process during actual Path work itself. This work is regulated by the SHPD (State) and must be accomplished per State rules and regulations. To be Accomplished: 1. Archaeological Monitoring: Per the accepted AMP, this work will commence during initial ground altering activities and occur for the duration of the project when construction requires intruding into subsurface contexts. Following all Monitoring activities, an Archaeological Monitoring Report will be prepared for review by the SHPD. This report outlines the methods and results of the Monitoring program. 2. Interpretive Signage: An initial list of proposed signs along this segment of the Path has been forwarded for review. SCS will be working with members of the community, SHPD, the KHPRC, and the KNIBC to finalize the wording of the signs. The signs will be informative and detail the history of certain areas along this segment of the Path. 3. Burial Treatment: This phase of research will only occur if burials are identified during Monitoring. Both the SHPD and KNIBC will be consulted during the burial mitigation process. As required, a Burial Treatment Plan will be written and submitted to the SHPD and KNIBC for review. Once approved, implementation of the plan will occur. 4. Data Recovery: This phase of research will only occur if significant cultural deposits are identified during Monitoring or as requested by the SHPD of known sites near the pathway corridor. A Data Recovery Plan will be written prior to the work and be submitted to SHPD for review. Following fieldwork, a Data Recovery Report must be written describing the results of the work. This document will be submitted to the SHPD for review. 5. Preservation: This phase of research will only occur if significant sites are identified during Monitoring and Preservation is warranted, per discussions with the SHPD. If a site warrants Preservation, a Preservation Plan document will be submitted to the SHPD for review. Once approved, the Plan will be enacted. 6. Community Input: While formal meetings are not scheduled during the actual work phase of this project, SCS archaeologists will continue seeking community input on past and present land use along the path corridor in preparation of the completed Monitoring work. 6 The completion date for a majority of the tasks will be somewhat dependent upon the construction timeline, with Monitoring being one of the most important phases of the work. As seen from the above task outline, these responsibilities are similar to previously established MOA’s for the Path. The tasks are required, as outlined in State law regarding Historic Preservation in the State of Hawaii. PART II KNOWN ARCHAEOLOGICAL SITES: A SUMMARY A. Ahukini Point to the Raddison Hotel Area: Based on a literature review of the proposed pathway alignments, there have been at least 15 archaeological projects conducted in this area from Thrum (1907) to Scientific Consultant Services, Inc. (SCS) in 2004. In 1906 Thrum compiled an inventory of heiau throughout the islands. Within the currently discussed segment from Ahukini to Lydgate, he “recorded” two heiau: Ahukini and Kalauokamanu. These heiau were not marked on maps but were simply described. Both heiau had been destroyed supposedly as of 1855. During Bennett’s island-wide survey in 1928-1929, the two heiau, now known as Site 101 and Site 102 were also noted. Ahukini Heiau supposedly was built near Ahukini Point on a bluff overlooking the sea while the location of Kalauokamanu was never identified. Bennett (1931) did also note that both heiau were previously destroyed. Bennett makes first mention of Site 103, a burial ground in this area: “in the sand dunes that run along the shore half way between Hanamaulu and Wailua River are many burials.” From Hanamaulu Bay to the west, toward Lihue, multiple Land Commission Awards are present. In general, the LCA’s primarily denote lo`i lands (taro fields). Here, dryland taro cultivation was probably practiced while coconut, sweet potato, and breadfruit were also likely grown. The Mahele records of the Hanamaulu area tell of native tenants living in the valleys and by the shoreline. House sites, taro pond fields, irrigation systems, dryland agricultural parcels, fishponds, pastures, and other features were constructed across the prehistoric-traditional landscape. Many of these lands were cleared during Plantation days, thus masking or erasing much evidence for these sites. At least eleven known archaeological sites are present in the Hanamaulu area toward the Wailua Golf Course. As one moves from south to north, or Ahukini Point toward Wailua, several sites are present of both a historic and prehistoric nature. First, Ahukini landing itself, a probable late 19th construction, is present inside the breakwall of the bay. Plantation housing for 7 sugar cane workers has been noted just to the south of the point. Foundations still exist in remnant state. Moving inland to the west, several more sites are present: Site 1845 is the historic Hanamaulu Railroad Bridge. This bridge is being preserved and represents the plantation era. Site 2066 consists of multiple features: an upright (burial?), historic road, and historic house foundation; Site 2067 consists of a historic cemetery perhaps dating to the 1880s. The cemetery is present on the mauka side of the highway on the edge of former sugar cane lands. Site 1843: prior to construction of Ahukini Landing, an old wharf was present on the northern flank of the bay. This is Site 1843 and consists of a concrete wall, foundation, and sugar cane road. This is the location of the old wharf. Site 1841 occurs just to the north and also represents the historic period: a road and trail running along the coast. It is possible this trail has some time depth from prehistoric times but it has not yet been dated. As one rounds the point to the north, three archaeological sites are present above the rocky coastline. Site 2068 consists of a looted, historic-period trash dump dating between 1880 and 1910. Datable artifacts include glass and ceramic fragments that were recovered from the bluff, at the edge of plantation lands. Site 1840, nearby, consists of a historic-period retaining wall related to sugar cane or military transport; Site 1839, occurring about 25 m to the east of the trash dump represents the first fully known prehistoric site in this coastal area. This site is a prehistoric complex occurring on the flats and composed of a wall and terrace suspected to be related to temporary habitation. No carbon dates are available for this site. Proceeding to the north, around the point and onto the flat coastal plains toward Wailua, both historic and prehistoric sites are present. Site 1838 consists of a prehistoric cultural deposit partially eroding out of modified sand dunes. The layers contained charcoal, shells, and coral fragments, this expected so near the coastline. The site had been disturbed during military training exercises in the 1940s. The cultural deposit, now a small remnant, was dated to AD 1170-1400, and represents temporary habitation of the area. This pattern of remnant cultural deposits and temporary activities near the coast holds through the Kealia area and beyond, and is one concern for the present work. The final historic site in this area is Site 1846, two historic 8 railroad bridges used for hauling sugar cane from the fields to Lihue. This site is present more inland and south of the Radisson Hotel. Site 885, also occurring just to the south of the Raddison hotel, represents a possible traditional Native Hawaiian burial ground. Multiple burials have been documented in this sandy location, from the Raddison through Wailea Golf Course and Lydgate Park. Overall, this first section contains abundant evidence for historic networks related to plantation-era days and prehistoric sites related to burial and temporary habitation loci. While none of the sites beyond Ahukini landing remain in spectacular form, they do allude to land tenure in the area during the late 1880s onwards. The two prehistoric sites identified near the rocky coastline provide foreshadowing for the immense number of sites occurring to the north along the sandy coastal flats. Site 885 and beyond provide our first glimpses at this pattern. B. Wailua Golf Course to Wailua River The most well-known site in this area, due to the influx of CRM research related to golf course activities and development of Lydgate Park, is Site 103, originally recorded by Bennett during island-wide survey in 1928-1929. At this writing, over 66 burials have been identified throughout the golf course alone, with most of these having been re-interred in a burial crypt and preserve area at the golf course itself. This discussion focuses on the area from the south end of the golf course and west to the Correctional Facility to the Wailua River. In this location, we enter one of the most sacred and site-rich areas of the island, an area that will be crucial for pathway development. The ahupua`a of Wailua is situated in the old district of Puna but today is located in two separate judicial districts: south of Wailua River is Lihue District or moku and north of the river is Kawaihau District. Wailua Ahupua`a is the largest ahupua`a in both districts and extends from the shoreline to Mt. Wai`ale`ale. In this segment, we stop at the southern bank of the Wailua River, the largest navigable stream in the Hawaiian Islands. The southern extent of this area is relatively minor compared with the near-river areas. In this tract, very few LCA’s were issued. The flatlands between the dunes and Kalepa Ridge contain swampy areas fed by springs at the base of the ridge that allowed for limited taro cultivation on the margins of the marsh. The coastal dunes between the marshland and the sea were primarily used for human interment (Site 103) while the direct coastline would contain evidence for temporary or seasonal fishing camps and other marine acquisition. 9 The first site we visit in this artificial corridor is Site 1980, which occurs on the golf course to the east of the correction facility. This site consists of eight traditional-period burials identified in sandy contexts between coastline and marshy areas to the west. It is likely this site could be included as a portion of Bennett’s Site 103. As we move north into golf course lands, several more sites are present, particularly Site 103 and its 66+ known burials. Forty-four burials were identified during trenching by SCS in 2000. Also recovered were prehistoric implements (two adzes, sinkers, hammerstone) and historic items (glass and porcelain). Sites -542 through - 546 and Site -819 compose portions of Site 103 burials found during monitoring work in 1977. Site -9357, a burial also part of the Site 103 complex, was identified on the grounds of the County correctional facility. A burial preserve area has also been established at the golf course, across from the first tee box. Two archaeological sites were identified and documented during monitoring in 2003 by SCS at the Kumalani area of Lydagate, just off the golf course. Additional burials related to Site -103 were identified. A total of three incomplete burial sites and two isolated findspots from previously disturbed burials were identified. All were thought to be from traditional contexts. The second site, Site -356, consisted of a traditional cultural layer located within natural sand dune deposits. The site was assessed as a habitation layer and dated to A.D. 1440–1660, a traditional time period consistent with other archaeological finds in the area. Stone tool implements, charcoal, and shell were found at the site. Scattered stone tools (hammerstone, adze fragment) were identified in the sand dune during construction of the Kumalani playground. While not directly impacting the pathway in this segment, the following is presented to provide additional context to the archaeology of the area. Staying on the south side of the river, near the coastline, we enter the more sacred Wailua River mouth area. On one side is Lydgate Park and across the highway from the hotel is a heiau complex. Staying near the coast, Site -105 is present within the park, much of the site having been preserved today. This site consists of Hikinaakala Heiau and Pu`uhonua o Hauola (city of refuge). This site was first recorded by Thrum in 1906 and later by Bennett (1931), Kikuchi (1974), and Yent (1989). This site is part of the Wailua Complex of Heiau National Historic Landmark. Yent’s work at the site concluded that there were two occupational episodes at this site, one historic-period and one earlier occupation. This occupation may or may not have been associated with the heiau itself. Another significant site is present in the area. In 1949, Mrs. Rebecca Banks recorded 36 petroglyph figures on boulders stretching across the mouth of Wailua River. These boulders became a National Historic Landmark in 1962. This petroglyph field was re-surveyed in 1973 10 and 1984 by Bill Kakuchi and he noted that there may be more in the river and that some boulders had been damaged during clearing the mouth of the river. Jim Powell of SCS states that you can see the site at times of low tide, etc. The final area of concern on the southern bank of the Wailua River, prior to actually reaching the river, is Site -104 and Site -104a. The main site is Malae Heiau, part of the Wailua Complex of Heiau National Historic Landmark. The heiau is a walled, square enclosure measuring over 2 acres in size. Construction of this site occurred in phases through time, with early episodes from AD 1480-1580 and later construction at 1700-1800 and 1720-1840 respectively. Site -104a was identified by Kikuchi in 1987 and consists of an adze workshop/flake scatter occurring to the north-northeast of the heiau and extending to the marina. It is likely that the lithic manufacturing workshop was related to prehistoric occupation and use of the heiau and environs. This summary was meant to provide a brief overview of known archaeological sites within the Ahukini-Lydgate pathway corridor in order to understand potential impacts to the sites and to gauge additional site types (i.e., burials) that may be identified during archaeological Monitoring of the area. C. Cultural Resources from Ahukini-Lydgate As Corbin et al. (2002) state, Hanamaulu translates as “tired (as from walking) bay” and is said to be the birthplace of the hero Kawelo. This area was referred to as Puna District at the time of the Great Mahele of 1848, not Lihue District as it is now known. The Hanamaulu area is not specifically mentioned in many historical texts. However, Hanamaulu is noted Olelo No`eau, a book of Hawaiian sayings and epithets (Corbin et al. 2002:B-1): No Hanama`ulu ka ipu puehu (“The quickly emptied container belongs to Hanama`ulu”) Pukui (1983:No. 2230) identified another quote about the area: “Said of the stingy people of Hanama`ulu, Kaua`i—no hospitality there. At one time, food containers would be hidden away and the people of Hanama`ulu would apologize for having so little to offer their guests.” From Hanamaulu Bay to the west, toward Lihue, multiple Land Commission Awards are present. In general, the LCA’s primarily denote lo`i lands (taro fields). Here, dryland taro cultivation was probably practiced while coconut, sweet potato, and breadfruit were also likely grown. The Mahele records of the Hanamaulu area tell of native tenants living in the valleys and by the shoreline. House sites, taro pond fields, irrigation systems, dryland agricultural parcels, 11 fishponds, pastures, and other features were across the landscape. Many of these lands were cleared during Plantation days, thus masking or erasing these sites. The cultural significance of the Wailua Area, further to the North, is well documented. Center of the isle’s political and economic universe, Wailua was the chiefly seat of Kaua`i during prehistoric times, as is attested by the numerous heiau and other ceremonial sites occurring along the Wailua River basin. The Wailua area is covered in some detail in other sources. PART III SIGNIFICANCE AND MITIGATION OF THE SITES The following table denotes significant sites previously identified along this portion of the pathway from Lydgate Park to Ahukini and provides introductory mitigation possibilities for these sites. Table 1: Lydgate to Ahukini Sites (North to South) Site # Location Mitigation # 103 WGC burials Burial Preservation Area Between driving range & 1st Tee / fairway, along fiber optic cable route. Exact boundaries Unknown. Reroute path to avoid burials-preserve area. # 103 WGC Burials Throughout dunes of WGC. Monitor all pathway excavations. # 1838, Habitation site NE corner of Moody property at shoreline Monitor all pathway excavations # 1839, Temporary Habitation site East side of Moody property Monitor all pathway excavations # 1840, possible retaining wall for RR / cane haul road East side of Moody property Rehabilitate and include in bike path # 1841, original RR bed / cane haul road to Kou Wharf Along SE edge of Moody property Rehabilitate and include in bike path # 1843, Kou Wharf, wall and road. South side of Moody property on Hanamaulu Bay. Orginal wharf and access for Hanamaulu Sugar Plantation. Rehabilitate and include in bike path as rest stop / fishing area. Signage. # 1845, RR Bridge Crosses Hanamaulu Stream, west of beach park. Rehabilitate and include in bike path. Signage. # 1846, Two concrete bridges. RR bridges crossing Kawailoa marsh area. Rehabilitate and include in bike path. # 2066 Habitation complex North west of RR Bridge 3 1845 Avoid Fea. A, (possible burial) Include Fea. B (road), and Test Fea. C. (possible habitation). # 2068 Historic trash dump Along eastern edge of Moody property Monitor as pathway is built through area The primary form of archaeological mitigation during pathway construction is Monitoring. In certain areas, particularly along the coastline and known burial areas, full-time Monitoring is required due to the likelihood of encountering burials or isolated remains. Other forms of mitigation for this project include rehabilitation of historic features (see above), Data Recovery (in the instance new or significant deposits are identified), Burial Treatment and 12 Preservation, as needed. This mitigation is required and primarily important as there has been a lack of formal Inventory Survey completed along sensitive portions of the pathway, particularly from the plains north of Hanamaulu Bay to the Wailua Golf Course and south of Hanamaulu Stream. SCS will continue to discuss mitigation requirements with the SHPD throughout this process. Again, mitigation requirements are often dependent upon the final course of the pathway and the findings during construction. To aid in preparing for all scenarios, we have employed an ecological model for examining potential site types in the pathway segment area. PART IV SENSITIVE AREAS DURING CONSTRUCTION OF THE PATHWAY Site sensitivity along this pathway is partially determined by the types of soils encountered. There are five main ecological zones along the pathway, with several being sensitive in terms of archaeological resources. The zones are presented first, followed by a listing of pathway areas that may be sensitive for various cultural resources. The first zone (Zone I) consists of coastal dunes, which include frontal accretion deposits, backslopes, the crest, and the slip face. Zone I predominantly consists of an area spanning from the high-tide water mark of the ocean to the lower portion of the slip face near the interdune area, or, where the backside of the dune becomes flat and expansive. Zone I sediments are primarily composed of beach sands. These sands are subject to variable sorting when high- energy depositional events such as storm surges or tsunamis typically lead to the deposition of courser sand grains while low energy events can lead to well-sorted, often fine-grained, sedimentary deposition. This is a dynamic zone in terms of landscape morphology as it constantly evolves through wind and tides, particularly if vegetation or modern impediments do not curtail dune migration. It is often in Zone I that archaeological signatures for temporary occupation activities such as fishing camps are identified. Zone II represents a more stable land surface occurring leeward and inland from the terminus of Zone I. This zone composes the coastal plain or back beach environment. The latter term alludes to the formation of interdune deposits. Both Zone I and Zone II primarily consist of calcareous sand beaches derived from the decomposition of coral and seashells. These sandy deposits and associated coralline basements occur far inland in some areas, a symptom of the Holocene high sea stand occurring between c. 5,500 years ago and lasting until about 2,000 years 13 ago (Fletcher and Jones 1996:639). It is frequently within this sandy, back beach area that significant archaeological resources related to permanent habitation and burials are found (e.g., Site 103; see Table 1). Zone III consists of a landform located at or very near sea level, but removed from the coastal inland of Zone II. This zone is characterized as ‘marsh land,’ or ponded areas that are approximately equal in elevation to sea level yet retain more terrigenous characteristics. Zone III often consists of slightly depressed areas amenable to water and soil catchment. This marsh land does contain some sandy sediment, but alluvial clays dominate soil matrices. It is within Zone III that lo`i agriculture was suggested to have been practiced during traditional times (see Creed et al. 1995) and fishponds are often present (e.g., Kawailoa Pond south of the Radisson Hotel). Later, these lands were filled and utilized for rice cultivation and modern occupation. Zone III contrasts brilliantly with Zone II in that it provides a near-coastal alternative for agricultural production normally only afforded at much more inland locations. Permanent residents of the near coastal environment (Zone II in particular) could practice both intensive agriculture while gathering resources from an immediately adjacent ecological zone. It is this situational affordability that allowed for Zone II occupation at the interface of several other significant resource zones. Zone IV is demarcated by considerable increases in elevation and changes in topography. This zone is common mostly along the southern flank of the pathway route near Hanamaulu and along the highway, if the pathway is to be placed there. This zone primarily consists of rolling hills and plateaus that lead into more mountainous terrain. Now primarily consisting of grassy plains, subsurface deposits are dominated by the presence of red clays. Some historic and modern uses of this landscape include sugar cane cultivation and pasturing activities. Due to the intensive landscape modifications associated with these historic and modern uses, surface archaeological structures are fairly uncommon, although there are exceptions (Malae Heiau in Wailua). This zone contains red clay soils derived from the decomposition of underlying basalt. The soils are rich in iron and other nutrients amenable to the industrial production of certain crops (e.g., sugar cane). During prehistoric and early historic times, Zone IV could have been used as another transition zone between lowland and upland locales. Trails linking lowland and upland sites and resource procurement zones, small-scale agricultural sites, habitation sites (both permanent and temporary loci), and some heiau were constructed in this zone. However, although several site classes may have occurred in Zone IV, the archaeological signatures of these site types may be minimal or non-existent. Zone IV gives way to another zone, the uplands. 14 The fifth zone (Zone V) consists of the uplands/steep slope lands cut by widely spaced erosional gullies and major drainages consisting of deep ravines. These drainages often create alluvial flats at their terminal points near the coastline (forming Zone III; Hanamaulu area). Also, plateaus are formed between the valleys and the routes occasionally course along side slopes. Rock outcropping is common is several areas, particularly along the northern flank of Hanamaulu Bay. While each of these zones contributed to traditional and historic economies, archaeological signatures for traditional habitation and activity have been most evident in the back beach zone (Zone 2). This zone contained the artifacts produced for on-site use and off-site procurement of resources, midden and faunal remains indicative of food preparation and consumption, subsurface features such as postholes indicative of dwellings, and hearths characteristic of cooking locales, among others. Typically, the greatest quantity of archaeological sites indicating continuous use of the eastern Kaua`i landscape has been recovered from this back beach, accretion zone, the current project area not being an exception. While there is a specific correlation between soil types and the presence/absence of sites along this eastern coast, in this case, the documentation of the greatest proportion of sites being in Zone II does not provide such a simple association. Archaeological inquiry has been primarily conducted in Zone II as infrastructure and housing construction has rapidly expanded. Naturally, the more inquiry into one zone versus other zones skews the results somewhat. It is this caveat that archaeological models defining intensive landscape use through time must address Ecological Subzones and Archaeological Sites The back beach, or accretion zone area (Zone II), containing the predominant cultural layers identified in this project area, occurs at the interface of two other ecological zones. Zone I is represented by the immediate coastline, which often includes interdune deposits, crests and slipfaces, and backslope areas. Zone III, a bounding surface for Zone II, consists of an inland marshy area used through history for lo`i, fishponds, and wetland resources. This dynamic coastal to slightly inland ecological setting containing three discrete ecological zones, was utilized on a continuous basis along eastern Kaua`i for at least 800 years (see Creed et al. 1995). It has been postulated elsewhere (Dega and Buffum 2001; Dega and Morawski 2002) that Zone II back beach locations were the stable, lowland land surfaces on which primary permanent occupation and associated activities occurred during pre-Contact times. Temporary habitation loci, work areas (e.g., lithic workshops), recreational activity areas, fishing camps, and some 15 burial areas are site types occurring directly along the coastline (Zone I). For the most part, direct coastal areas were transient in that dune movement and erosion were common. Back beach, accretion deposit areas were much more stable and selected for sustained, permanent habitation. Permanent house sites, ceremonial structures, some agricultural features, and such have been documented with more frequency in the Zone II area of eastern Kaua`i. Both burials and subsurface cultural layers often denoted as the paleo A-horizon along eastern Kaua`i have been most often identified in this ecological zone. The present archaeological project may reinforce this hypothesis. The western flank of the back beach zone (Zone III) commingled with depressed, marshy areas extending to the base of hill slopes to the west. These marshy areas, as noted above, were also utilized continuously throughout history, from lo`i and fishpond use to resource gathering areas. During historic times, these marshy areas were often filled and utilized for rice cultivation (see Creed et al. 1995). We continue to explore the possibility that a fishpond also occurred in this back beach area, the Kawailoa Pond south of the Radisson Hotel. Historic Preservation Challenges As discussed further above, several avenues of mitigation are possible for historic properties discovered prior to, or during, construction of the pathway. These include archaeological Monitoring, Data Recovery, Burial Treatment, and site Preservation. The primary impact to construction or location of the pathway appears to be in the form of traditional Native Hawaiian burials. Several known burial areas occur within or near proposed pathway routes. Such is the nature of coastal pathways in Hawaii. The singular challenge will be to more readily define the possible boundaries of the burial areas (and established preserve area such as occur at Wailua Golf Course) and to practice avoidance of the these areas. In working with the SHPD, other site types, such as traditional-period temporary habitation locations or camps and such, may be mitigated through Data Recovery sampling. Rehabilitation and Preservation of sites (see Table 1) will occur as part of the Preservation effort of known sites in the area, none of these occurring in the proposed pathway corridors. The greatest challenge again will be avoidance and protection of known burial preserve areas along the pathway. SCS and the contractors will work with the SHPD and Kaua`i/Ni`ihau Islands Burial Council to assess and mitigate known burials and those that are inadvertently discovered during construction. Part V: Interpretive Signs along Ahukini-Lydgate Pathway This section provides a table (Table 2) listing possible signs and interpretations that may be placed along this portion of the bikepath. This table is open for revision and consultation will occur to refine potential signs in the area. Table 2: Potential Signage: Ahukini Landing toward Wailua River # Location Sign Site Size Description 1 Ahukini Landing Overlooking Bay and Wharf L Description of sugar plantations Lihue to Kapaa. Landing history 2 Ahukini Bluff, South Shore Beginning of decline into valley S Description of RR 3 Hanamaulu Valley South end of historic RR Bridge L Description of traditional agriculture activities 4 Hanamaulu Bay North end of historic RR bridge L Description of traditional shoreline activities 5 Kou, Old Landing At landing north shore of Hanamaulu Bay S Use by Hanamaulu Sugar Plantation 6 Hanamaulu / Wailua Ahupua’a Border between Hanamaulu & Wailua Ahupua’a S Quote Historic descriptions from 19th century travelers and residents 7 Marine Camp Beach area near Motocross track S Historical account 8 Wailua Golf Course/ Hawaiian Burial Area Site -103 Beach south of # 2 green, on trail S Description of Hawaiian Burial Area 9 Hanamaulu Sugar Company Undetermined L Chronology and Sugar Company Information 10 Historic Sites of Hanamaulu Ahupua`a Ahukini Point (start of path) L Nu`ukoli, Kawailoa, Hanamaulu Dairy, Wailua Airport, Marine Camp, Luckenback Shipwreck 11 Prehistoric and Historic Sites of Hanamaulu Ahukini Point (start of path) L Ahukini Heiau, Ahukini Terminal and Railway Company, Ahukini Camp, Ahukini Landing, Railroad Track of Old Bridge, Hanamaulu Park CONCLUSIONS This interim report sought to discuss the various archaeological and historic preservation issues related to construction and maintenance of the Kaua`i Pathway project and focuses on the segment stretching from Ahukini Point to Lydgate Park. The report lists the known archaeological sites having been documented along this segment, the estimated significance of these sites, and potential mitigation of these sites and sensitive areas during construction of the pathway. The historic preservation challenges that may be faced during construction of the coastal pathway are presented, with recommendations for mitigation also being forwarded. SCS will continue to refine this document in consultation with the SHPD and various community organizations. In total, the relationship between known archaeological sites and possible pathway routes presents a dynamic opportunity to further explore the history of the Ahukini- Lydgate area while preserving the rich history of the area. References Available This page left intentionally blank D-2 ARCHEOLOGICAL MONITORING REPORT This page left intentionally blank SCS Project Number 426-AMP AN ARCHAEOLOGICAL MONITORING PLAN FOR THE COUNTY OF KAUA`I DEPARTMENT OF PLANNING AHUKINI-LYDGATE PARK COASTAL BIKE AND PEDESTRIAN PATHWAYS PROJECT HANAMA`ULU, LIHU`E DISTRICT, ISLAND OF KAUA`I, HAWAI`I [TMK: VARIOUS] Prepared by: Elizabeth Pestana, B.A. And Michael F. Dega, Ph.D. May 2006 Prepared for: County of Kaua`i, Department of Public Works Building Division 4444 Rice Street, Suite 175 Lihue, Hawaii 96766-1340 TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................................... vi LIST OF FIGURES ....................................................................................................................... vi INTRODUCTION .......................................................................................................................... 1 PROJECT AREA BACKGROUND INFORMATION .................................................................. 2 ENVIRONMENTAL MODELING OF PROJECT AREA AND ENVIRONS ................. 2 SOIL REGIMES ................................................................................................................. 2 ENVIRONMENTAL ZONING.......................................................................................... 4 PREVIOUS ARCHAEOLOGY...................................................................................................... 8 PART 1: KNOWN ARCHAEOLOGICAL SITES: A SUMMARY .................................. 8 Ahukini Point to the Raddison Hotel Area: ............................................................ 8 Wailua Golf Course to Wailua River .................................................................... 10 Cultural Resources from Ahukini-Lydgate ........................................................... 12 REASON FOR MONITORING AND POTENTIAL SITE TYPES TO BE ENCONTERED: LANDFORM AND SENSITIVE AREAS DURING CONSTRUCTION OF THE PATHWAY 13 ECOLOGICAL SUBZONES AND ARCHAEOLOGICAL SITES ................................ 16 MONITORING CONVENTIONS AND METHODOLOGY...................................................... 17 LABORATORY ANALYSIS ...................................................................................................... 18 CURATION .................................................................................................................................. 19 REPORTING ................................................................................................................................ 19 REFERENCES ............................................................................................................................. 20 LIST OF FIGURES Figure 1: Cross-section of Primary Landzones. ............................................................................. 5 INTRODUCTION At the request of the State of Hawai`i, County of Kaua`i Department of Public Works, Scientific Consultant Services, Inc. (SCS) has prepared this Archaeological Monitoring Plan (AMP) in advance of construction to occur for the proposed Ahukini- Lydgate Bike and Pedestrian Path project (Path) along eastern Kaua`i, Hawai`i. The proposed route commences near Ahukini Landing in Hanama`ulu and terminates at a pre- existing segment of the Path within Lydgate Park, Wailua. The current project is a segment of the overall Nawiliwili to Anahola coastal Path project. A Draft Environmental Assessment more specifically outlining the route of the Path and its various land divisions is available online at the County of Kaua`i website. These large maps are not included herein but are available for viewing at the following address: http://www.kauai.gov/Default.aspx?tabid=435. This document accurately demarcates the location of the proposed Path and is a substitute for any less precise maps which would be included herein. The Path discussed herein extends along a coastal route from the Ahukini/Hanama`ulu area and takes a more inland route along the Wailua Golf Course toward the southern end of Lydgate Park (Note: The proposed routes are available for review in the draft Environmental Assessment). This segment of the Path will extend c. four miles long and consist of a twelve-foot wide, six inch thick concrete pathway. The Path crosses multiple Tax Map Key and ahupua`a divisions. This Archaeological Monitoring plan is being prepared for the SHPD due to the archaeologically sensitive nature of portions of the project area. While a majority of the Path project area is removed from beach sand contexts, there remains the possibility that remnant or even intact cultural deposits and/or burials may be present in portions of the work area. Multiple archaeological investigations conducted in the general vicinity of this Path segment have resulted in the identification of traditional Native Hawaiian burials and significant prehistoric and historic-era cultural deposits. Monitoring is considered a necessary mitigation strategy based on the potential for the inadvertant discovery of human remains and/or cultural deposits during excavation work in support of the Path construction. Monitoring procedures will be conducted in accordance with the rules and regulations established by the Department of Land and Natural Resources (DLNR) State Historic Preservation Division (SHPD) under rule ' 13-279-5. If human remains are identified in the project area, the monitoring program will carry out appropriate and lawful protocols concerning the Inadvertent Discovery of Human Remains as identified in administrative rule 13-300-HAR. In the event that any culturally significant findings are identified, the features shall be investigated, adequately documented, and evaluated for their historical significance. This work will be accomplished only through consultation with the SHPD. Prior to the commencement of any excavation work within the project area, this AMP will be submitted for review and require the approval of SHPD (Ms. N. McMahon). This AMP provides information regarding background of the project area, previous archaeological work conducted in the area and the results of this research, potential site types that may be encountered during monitoring, monitoring conventions, methodology for fieldwork, methodology for laboratory work, curation, and reporting. PROJECT AREA BACKGROUND INFORMATION The Ahukini-Lydgate Path segment generally runs from the rocky shores of Ahukini-Hanama`ulu through the back beach areas of Kawailoa, along red clays of Kuhio Highway, toward the sandy near-coastal area of the Wailua Golf Course, and continues to its terminal point at Lydgate Park. As is the nature of pathways, multiple natural and political boundaries are crossed from starting point to terminal point. The present Path is no exception. Based on previous archaeological work along eastern Kaua`i, a landscape model has evolved to provide insight into the nature of archaeological sites which are (and may be) present along the Path corridor. Environmental Modeling of Project Area and Environs Soil matrices and landform have long been determinant for predicting the presence/absence of significance cultural resources in the Hawaiian Islands. There is often a correlation between soil types and site types, environment and complex systems. The following provides some background to soil and landform types in the project area with an attempt to briefly estimate the types and nature of archaeological sites that could be encountered along this portion of the Path. Soil Regimes As the proposed Path corridor covers some distances, various soil environments are crossed. The path meanders along portions of the coast in Ahukuni/Hanama`ulu and toward Wailua. Natural soils within these segments primarily consist of the Jaucas- Mokuleia association: deep nearly level to moderately sloping, excessively drained and well-drained soils that have coarse-textured underlying material and occur primarily on coastal plains. These beach deposits are light colored sand derived from marine shell and coral. Through time, coral and marine shell are transported through wind and water and are also impacted and broken down by ocean waves, forming sand. Similar to Jaucas sands from the Jaucas Series (ibid), beach sands (BS) are single grain, pale brown to very pale brown calcareous soils that have rapid permeability with very slow to slow runoff. The surface layer of Jaucas sands are commonly dark brown as a result of alluvium and the accumulation of organic matter. While sandy coastal areas are ill-suited for agricultural cultivation and farming, these beach areas were often used during pre- and post-Contact periods for activities from temporary and permanent settlement, thus providing direct access to marine resources. Beaches were also used as locales for human burial re-interment throughout the Hawaiian Islands (see Kirch 1985). This is one main reason Monitoring is recommended for portions of the Path. Portions of the pathway occur both near the coastline and further removed from the coastline, with both areas having different soil contexts. For example, as the proposed pathway winds from the southern terminus at Ahukini Point to the south end of Lydgate Park area, with the concomitant increase in elevation, a change in soils occurs. This area is characterized by rock outcropping/rocky headland and hill slopes occurring between two coastal plains (Hanama`ulu and Lydgate Park). Soil formation is limited in this area due to the ubiquity of bedrock. The beach soils have effectively transitioned from sands to silty clays of the Lihue-Puhi association: deep, nearly level to steep, well drained soils that have fine textured or moderately fine textured subsoil and occur as more inland deposits (Foote et al. 1972). This reddish clay often underlies fill, particularly along Kuhio Highway and other previously developed infrastructure. As elevation increases from the coastline, the sediment changes from beach sand to clays overlying bedrock. These areas are not as culturally sensitive as the beach areas, but must be monitored nonetheless. Finally, one other soil zone may be present, depending upon the pathway route. Occurring in low-lying areas behind dunes (back beach area), marshy areas composed of mixed marine and terrestrial sediment are present. This would include areas on the coastal flank of Hanama`ulu Lands and near Kawailoa (Dega and Powell 2003). These low-lying areas are often marshy but were utilized in the past, primarily for intermittent activities related to gathering, fishing, and other raw material acquisition. Environmental Zoning The route of the Ahukini-Lydgate Bike and Pedestrian Path project courses through various segment of the eastern Kaua`i landscape. A landscape model devised from work by Dega and Powell (2003) is an effort to identify the relationship between environmental zones and the presence/absence of cultural materials for eastern Kaua`i, inclusive of the Path routing. In the model, landforms are divided into five general zones, some of which may be divided further into sub zones (Figure 1). A review of these zones is directly comparable to the known sites along or near the proposed corridor (see below). The first zone (Zone I) consists of coastal dunes, which include frontal accretion deposits, backslopes, the crest, and the slip face. Zone I predominantly consists of an area spanning from the high-tide water mark of the ocean to the lower portion of the slip face near the interdune area, or, where the backside of the dune becomes flat and expansive. Zone I sediments are primarily composed of beach sands. These sands are subject to variable sorting when high-energy depositional events such as storm surges or tsunamis typically lead to the deposition of courser sand grains while low energy events can lead to well-sorted, often fine-grained, sedimentary deposition. This is a dynamic zone in terms of landscape morphology as it constantly evolves through wind and tides, particularly if vegetation or modern impediments do not curtail dune migration. It is often in Zone I that archaeological signatures for temporary occupation activities such as fishing camps are identified. Examples of Zone I along the Path include sections of Hanamaulu Bay area, the Wailua Golf Course, and Lydgate Park (coastal reaches only). Zone II represents a more stable land surface occurring leeward and inland from the terminus of Zone I. This zone composes the coastal plain or back beach environment. The latter term alludes to the formation of interdune deposits. Both Zone I and Zone II primarily consist of calcareous sand beaches derived from the decomposition of coral and seashells. These sandy deposits and associated coralline basements occur far inland in some areas, a symptom of the Holocene high sea stand occurring between c. 5,500 years ago and lasting until about 2,000 years ago (Fletcher and Jones 1996:639). It is frequently within this sandy, back beach area that significant archaeological resources related to permanent habitation and burials are found. However, this traditionally utilized zone has also been modified to suit current societal needs such as housing and commercial development. Examples of Zone II include the Hanamaulu Bay area, Wailua Golf Course, and coastal portions of Lydgate Park. Figure 1: Cross-section of Primary Landzones. Zone III consists of a landform located at or very near sea level, but removed from the coastal inland of Zone II. This zone is characterized as ‘marsh land’ or ponded areas that are approximately equal in elevation to sea level yet retain more terrestrial characteristics. Zone III often consists of slightly depressed areas amenable to water and soil catchment. This marsh land does contain some sandy sediment, but alluvial clays dominate soil matrices. It is within Zone III that lo`i agriculture was suggested to have been practiced during traditional times (see Creed et al. 1995). Later, these lands were filled and utilized for rice cultivation and modern occupation. Zone III contrasts brilliantly with Zone II, in that it provides a near-coastal alternative for agricultural production normally only afforded at much more inland locations. Permanent residents of the near coastal environment (Zone II in particular) could practice intensive agriculture while also gathering resources from an immediately adjacent ecological zone. It is this situational affordability that allowed for Zone II occupation at the interface of several other significant resource zones. An example of Zone III would be the Kawailoa area (near the former Radisson Hotel). Zone IV is demarcated by considerable increases in elevation and changes in topography. This zone is most common beyond Wailua and primarily consists of rolling hills and plateaus that lead into more mountainous terrain. Now primarily consisting of grassy plains, subsurface deposits are dominated by the presence of red clays. Some historic and modern uses of this landscape include sugar cane cultivation and pasturing activities. Due to the intensive landscape modifications associated with these historic and modern uses, surface archaeological structures are fairly uncommon, although there are exceptions (Malae Heiau in Wailua). This zone contains red clay soils derived from the decomposition of underlying basalt. The soils are rich in iron and other nutrients amenable to the industrial production of certain crops (e.g., sugar cane). During prehistoric and early historic times, Zone IV could have been used as another transition zone between lowland and upland locales. Examples of Zone IV include a long stretch of the proposed Path along Kuhio Highway from Ahukuni/Hanamaulu to the Wailua Golf Course. The final zone, Zone V, consists of more mountainous terrain. Red soils, outcrops, and more inland riverine environments characterize this zone. Trails linking lowland and upland sites and resource procurement zones, small-scale agricultural sites, habitation sites (both permanent and temporary loci), and some heiau were constructed in this zone. No segments of the proposed Path from Ahukini to Lydgate occur in this zone. previous archaeology Part 1: Known Archaeological Sites: A Summary Ahukini Point to the Raddison Hotel Area: Based on a literature review of the proposed pathway alignments, there have been at least 15 archaeological projects conducted in this area from Thrum (1907) to Scientific Consultant Services, Inc. (SCS) in 2004 (Morawski and Dega 2004). In 1906 Thrum compiled an inventory of heiau throughout the islands. Within the currently discussed segment from Ahukini to Lydgate, he “recorded” two heiau: Ahukini and Kalauokamanu. These heiau were not marked on maps but were simply described. Both heiau had been destroyed supposedly as of 1855. During Bennett’s island-wide survey in 1928-1929, the two heiau, now known as Site 101 and Site 102, were also noted. Ahukini Heiau supposedly was built near Ahukini Point on a bluff overlooking the sea while the location of Kalauokamanu was never identified. Bennett (1931) did also note that both heiau were previously destroyed. Bennett makes first mention of Site 103, a burial ground in this area: “in the sand dunes that run along the shore half way between Hanamaulu and Wailua River are many burials.” From Hanamaulu Bay to the west, toward Lihue, multiple Land Commission Awards are present. In general, the LCA’s primarily denote lo`i lands (taro fields). Here, dryland taro cultivation was probably practiced while coconut, sweet potato, and breadfruit were also likely grown. The Mahele records of the Hanamaulu area tell of native tenants living in the valleys and by the shoreline. House sites, taro pond fields, irrigation systems, dryland agricultural parcels, fishponds, pastures, and other features were constructed across the prehistoric-traditional landscape. Many of these lands were cleared during Plantation days, thus masking or erasing much evidence for these sites. At least eleven known archaeological sites are present in the Hanamaulu area toward the Wailua Golf Course. As one moves from south to north, or Ahukini Point toward Wailua, several sites are present of both a historic and prehistoric nature. First, Ahukini landing itself, a probable late 19th construction, is present inside the breakwall of the bay. Plantation housing for sugar cane workers has been noted just to the south of the point. Foundations still exist in remnant state. Moving inland to the west, several more sites are present: Site 1845 is the historic Hanamaulu Railroad Bridge. This bridge is being preserved and represents the plantation era. Site 2066 consists of multiple features: an upright (burial?), historic road, and historic house foundation. Site 2067 consists of a historic cemetery perhaps dating to the 1880s. The cemetery is present on the mauka side of the highway on the edge of former sugar cane lands. Site 1843: prior to construction of Ahukini Landing, an old wharf was present on the northern flank of the bay. This is Site 1843 and consists of a concrete wall, foundation, and sugar cane road. This is the location of the old wharf. Site 1841 occurs just to the north and also represents the historic period: a road and trail running along the coast. It is possible this trail has some time depth from prehistoric times but it has not yet been dated. As one rounds the point to the north, three archaeological sites are present above the rocky coastline. Site 2068 consists of a looted, historic-period trash dump dating between 1880 and 1910. Datable artifacts include glass and ceramic fragments that were recovered from the bluff, at the edge of plantation lands. Site 1840, nearby, consists of a historic-period retaining wall related to sugar cane or military transport; Site 1839, occurring about 25 m to the east of the trash dump represents the first fully known prehistoric site in this coastal area. This site is a prehistoric complex occurring on the flats and composed of a wall and terrace suspected to be related to temporary habitation. No radiocarbon dates are available for this site. Proceeding to the north, around the point and onto the flat coastal plains toward Wailua, both historic and prehistoric sites are present. Site 1838 consists of a prehistoric cultural deposit partially eroding out of modified sand dunes. The layers contained charcoal, shells, and coral fragments, this expected so near the coastline. The site had been disturbed during military training exercises in the 1940s. The cultural deposit, now a small remnant, was dated to AD 1170-1400, and represents temporary habitation of the area. This pattern of remnant cultural deposits and temporary activities near the coast holds through the Kealia area and beyond, and is one concern for the present work. The final historic site in this area is Site 1846, two historic railroad bridges used for hauling sugar cane from the fields to Lihue. This site is present more inland and south of the former Radisson Hotel. Site -885, also occurring just to the south of the Raddison hotel, represents a possible traditional Native Hawaiian burial ground. Multiple burials have been documented in this sandy location, from the Raddison through Wailea Golf Course and Lydgate Park. Overall, this first section contains abundant evidence for historic networks related to plantation-era days and prehistoric sites related to burial and temporary habitation loci. While none of the sites beyond Ahukini landing remain in spectacular form, they do allude to land tenure in the area during the late 1880s onwards. The two prehistoric sites identified near the rocky coastline provide foreshadowing for the immense number of sites occurring to the north along the sandy coastal flats. Site -885 and beyond provide our first glimpses at this pattern. Wailua Golf Course to Wailua River The most well-known site in this area, due to the influx of CRM research related to golf course activities and development of Lydgate Park, is Site 103, originally recorded by Bennett during island-wide survey in 1928-1929. At this writing, over 66 burials have been identified throughout the golf course alone, with most of these having been re-interred in a burial crypt and preserve area at the golf course itself. This discussion focuses on the area from the south end of the golf course and west to the Correctional Facility to the Wailua River. In this location, we enter one of the most sacred and site-rich areas of the island, an area that will be crucial for pathway development. The ahupua`a of Wailua is situated in the old district of Puna but today is located in two separate judicial districts: south of Wailua River is Lihue District or moku and north of the river is Kawaihau District. Wailua Ahupua`a is the largest ahupua`a in both districts and extends from the shoreline to Mt. Wai`ale`ale. In this segment, we stop at the southern bank of the Wailua River, the largest navigable stream in the Hawaiian Islands. The southern extent of this area is relatively minor compared with the near-river areas. In this tract, very few LCA’s were issued. The flatlands between the dunes and Kalepa Ridge contain swampy areas fed by springs at the base of the ridge that allowed for limited taro cultivation on the margins of the marsh. The coastal dunes between the marshland and the sea were primarily used for human interment (Site 103) while the direct coastline would contain evidence for temporary or seasonal fishing camps and other marine acquisition. The first site encountered within this artificial corridor is Site 1980, which occurs on the golf course to the east of the correction facility. This site consists of eight traditional-period burials identified in sandy contexts between coastline and marshy areas to the west. It is likely this site could be included as a portion of Bennett’s Site 103. As we move north into golf course lands, several more sites are present, particularly Site 103 and its 66+ known burials. Forty-four burials were identified during trenching by SCS in 2000 (Fagher and Spear 2000). Also recovered were prehistoric implements (two adzes, sinkers, hammerstone) and historic items (glass and porcelain). Sites -542 through -546 and Site -819 compose portions of Site 103 burials found during monitoring work in 1977. Site -9357, a burial also part of the Site 103 complex, was identified on the grounds of the County correctional facility. A burial preserve area has also been established at the golf course, across from the first tee box. Two archaeological sites were identified and documented during monitoring in 2003 by SCS at the Kumalani area of Lydagate, just off the golf course (Morawski and Dega 2004). Additional burials related to Site -103 were identified. A total of three incomplete burial sites and two isolated findspots from previously disturbed burials were identified. All were thought to be from traditional contexts. The second site, Site -356, consisted of a traditional cultural layer located within natural sand dune deposits. The site was assessed as a habitation layer and dated to A.D. 1440–1660, a traditional time period consistent with other archaeological finds in the area. Stone tool implements, charcoal, and shell were found at the site. Scattered stone tools (hammerstone, adze fragment) were identified in the sand dune during construction of the Kumalani playground. While not directly impacting the pathway in this segment, the following is presented to provide additional context to the archaeology of the area. Staying on the south side of the river, near the coastline, we enter the more sacred Wailua River mouth area. On one side is Lydgate Park and across the highway from the hotel is a heiau complex. Staying near the coast, Site -105 is present within the park, much of the site having been preserved today. This site consists of Hikinaakala Heiau and Pu`uhonua o Hauola (city of refuge). This site was first recorded by Thrum in 1906 and later by Bennett (1931), Kikuchi (1974), and Yent (1989). This site is part of the Wailua Complex of Heiau National Historic Landmark. Yent’s work at the site concluded that there were two occupational episodes at this site, one historic-period and one earlier occupation. This occupation may or may not have been associated with the heiau itself. Another significant site is present in the area. In 1949, Mrs. Rebecca Banks recorded 36 petroglyph figures on boulders stretching across the mouth of Wailua River. These boulders became a National Historic Landmark in 1962. This petroglyph field was re-surveyed in 1973 and 1984 by W. Kikuchi and he noted in a letter report that there may be more in the river and that some boulders had been damaged during clearing the mouth of the river. J. Powell of SCS states that you can see the site at times of low tide. The final area of interest on the southern bank of the Wailua River, prior to actually reaching the river, is Site -104 and Site -104a. The main site is Malae Heiau, part of the Wailua Complex of Heiau National Historic Landmark. The heiau is a walled, square enclosure measuring over 2 acres in size. Construction of this site occurred in phases through time, with early episodes from AD 1480-1580 and later construction at 1700-1800 and 1720-1840 respectively. Site -104a was identified by Kikuchi in 1987 and consists of an adze workshop/flake scatter occurring to the north-northeast of the heiau and extending to the marina. It is likely that the lithic manufacturing workshop was related to prehistoric occupation and use of the heiau and environs. This summary was meant to provide a brief overview of known archaeological sites within the Ahukini-Lydgate pathway corridor in order to understand potential impacts to the sites and to gauge additional site types (i.e., burials) that may be identified during archaeological Monitoring of the area. Cultural Resources from Ahukini-Lydgate As Corbin et al. (2002) state, Hanamaulu translates as “tired (as from walking) bay” and is said to be the birthplace of the hero Kawelo. This area was referred to as Puna District at the time of the Great Mahele of 1848, not Lihue District as it is now known. The Hanamaulu area is not specifically mentioned in many historical texts. However, Hanamaulu is noted Olelo No`eau, a book of Hawaiian sayings and epithets (Corbin et al. 2002:B-1): No Hanama`ulu ka ipu puehu (“The quickly emptied container belongs to Hanama`ulu”) Pukui (1983:No. 2230) identified another quote about the area: “Said of the stingy people of Hanama`ulu, Kaua`i—no hospitality there. At one time, food containers would be hidden away and the people of Hanama`ulu would apologize for having so little to offer their guests.” From Hanamaulu Bay to the west, toward Lihue, multiple Land Commission Awards are present. In general, the LCA’s primarily denote lo`i lands (taro fields). Here, dryland taro cultivation was probably practiced while coconut, sweet potato, and breadfruit were also likely grown. The Mahele records of the Hanamaulu area tell of native tenants living in the valleys and by the shoreline. House sites, taro pond fields, irrigation systems, dryland agricultural parcels, fishponds, pastures, and other features were across the landscape. Many of these lands were cleared during Plantation days, thus masking or erasing these sites. The cultural significance of the Wailua Area, further to the North, is well documented. Center of the isle’s political and economic universe, Wailua was the chiefly seat of Kaua`i during prehistoric times, as is attested by the numerous heiau and other ceremonial sites occurring along the Wailua River basin. The Wailua area is covered in some detail in other sources. REASON FOR MONITORING AND POTENTIAL SITE TYPES TO BE ENCONTERED: LANDFORM AND SENSITIVE AREAS DURING CONSTRUCTION OF THE PATHWAY Site sensitivity along this pathway is partially determined by the types of soils encountered. The five main ecological zones discussed above are now related to the potential of archaeological sites along this portion of the Path. The zones are presented first, followed by a listing of pathway areas that may be sensitive for various cultural resources. The first zone (Zone I) consists of coastal dunes, which include frontal accretion deposits, backslopes, the crest, and the slip face. Zone I predominantly consists of an area spanning from the high-tide water mark of the ocean to the lower portion of the slip face near the interdune area, or, where the backside of the dune becomes flat and expansive. Zone I sediments are primarily composed of beach sands. These sands are subject to variable sorting when high-energy depositional events such as storm surges or tsunamis typically lead to the deposition of courser sand grains while low energy events can lead to well-sorted, often fine-grained, sedimentary deposition. This is a dynamic zone in terms of landscape morphology as it constantly evolves through wind and tides, particularly if vegetation or modern impediments do not curtail dune migration. It is often in Zone I that archaeological signatures for temporary occupation activities such as fishing camps are identified. Zone II represents a more stable land surface occurring leeward and inland from the terminus of Zone I. This zone composes the coastal plain or back beach environment. The latter term alludes to the formation of interdune deposits. Both Zone I and Zone II primarily consist of calcareous sand beaches derived from the decomposition of coral and seashells. These sandy deposits and associated coralline basements occur far inland in some areas, a symptom of the Holocene high sea stand occurring between c. 5,500 years ago and lasting until about 2,000 years ago (Fletcher and Jones 1996:639). It is frequently within this sandy, back beach area that significant archaeological resources related to permanent habitation and burials are found (e.g., Site 103; see Table 1). Zone III consists of a landform located at or very near sea level, but removed from the coastal inland of Zone II. This zone is characterized as ‘marsh land,’ or ponded areas that are approximately equal in elevation to sea level yet retain more terrigenous characteristics. Zone III often consists of slightly depressed areas amenable to water and soil catchment. This marsh land does contain some sandy sediment, but alluvial clays dominate soil matrices. It is within Zone III that lo`i agriculture was suggested to have been practiced during traditional times (see Creed et al. 1995) and fishponds are often present (e.g., Kawailoa Pond south of the Radisson Hotel). Later, these lands were filled and utilized for rice cultivation and modern occupation. Zone III contrasts brilliantly with Zone II in that it provides a near-coastal alternative for agricultural production normally only afforded at much more inland locations. Permanent residents of the near coastal environment (Zone II in particular) could practice both intensive agriculture while gathering resources from an immediately adjacent ecological zone. It is this situational affordability that allowed for Zone II occupation at the interface of several other significant resource zones. Zone IV is demarcated by considerable increases in elevation and changes in topography. This zone is common mostly along the southern flank of the pathway route near Hanamaulu and along the highway, if the pathway is to be placed there. This zone primarily consists of rolling hills and plateaus that lead into more mountainous terrain. Now primarily consisting of grassy plains, subsurface deposits are dominated by the presence of red clays. Some historic and modern uses of this landscape include sugar cane cultivation and pasturing activities. Due to the intensive landscape modifications associated with these historic and modern uses, surface archaeological structures are fairly uncommon, although there are exceptions (Malae Heiau in Wailua). This zone contains red clay soils derived from the decomposition of underlying basalt. The soils are rich in iron and other nutrients amenable to the industrial production of certain crops (e.g., sugar cane). During prehistoric and early historic times, Zone IV could have been used as another transition zone between lowland and upland locales. Trails linking lowland and upland sites and resource procurement zones, small-scale agricultural sites, habitation sites (both permanent and temporary loci), and some heiau were constructed in this zone. However, although several site classes may have occurred in Zone IV, the archaeological signatures of these site types may be minimal or non-existent. Zone IV gives way to another zone, the uplands. The fifth zone (Zone V) consists of the uplands/steep slope lands cut by widely spaced erosional gullies and major drainages consisting of deep ravines. These drainages often create alluvial flats at their terminal points near the coastline (forming Zone III; Hanamaulu area). Also, plateaus are formed between the valleys and the routes occasionally course along side slopes. Rock outcropping is common is several areas, particularly along the northern flank of Hanamaulu Bay. While each of these zones contributed to traditional and historic economies, archaeological signatures for traditional habitation and activity have been most evident in the back beach zone (Zone 2). This zone contained the artifacts produced for on-site use and off-site procurement of resources, midden and faunal remains indicative of food preparation and consumption, subsurface features such as postholes indicative of dwellings, and hearths characteristic of cooking locales, among others. Typically, the greatest quantity of archaeological sites indicating continuous use of the eastern Kaua`i landscape has been recovered from this back beach, accretion zone, the current project area not being an exception. While there is a specific correlation between soil types and the presence/absence of sites along this eastern coast, in this case, the documentation of the greatest proportion of sites being in Zone II does not provide such a simple association. Archaeological inquiry has been primarily conducted in Zone II as infrastructure and housing construction has rapidly expanded. Naturally, the more inquiry into one zone versus other zones skews the results somewhat. It is this caveat that archaeological models defining intensive landscape use through time must address. Ecological Subzones and Archaeological Sites The back beach, or accretion zone area (Zone II), containing the predominant cultural layers identified in this project area, occurs at the interface of two other ecological zones. Zone I is represented by the immediate coastline, which often includes interdune deposits, crests and slipfaces, and backslope areas. Zone III, a bounding surface for Zone II, consists of an inland marshy area used through history for lo`i, fishponds, and wetland resources. This dynamic coastal to slightly inland ecological setting containing three discrete ecological zones, was utilized on a continuous basis along eastern Kaua`i for at least 800 years (see Creed et al. 1995). It has been postulated elsewhere (Dega and Buffum 2001; Dega and Morawski 2002) that Zone II back beach locations were the stable, lowland land surfaces on which primary permanent occupation and associated activities occurred during pre-Contact times. Temporary habitation loci, work areas (e.g., lithic workshops), recreational activity areas, fishing camps, and some burial areas are site types occurring directly along the coastline (Zone I). For the most part, direct coastal areas were transient in that dune movement and erosion were common. Back beach, accretion deposit areas were much more stable and selected for sustained, permanent habitation. Permanent house sites, ceremonial structures, some agricultural features, and such have been documented with more frequency in the Zone II area of eastern Kaua`i. Both burials and subsurface cultural layers often denoted as the paleo A-horizon along eastern Kaua`i have been most often identified in this ecological zone. The present archaeological project may reinforce this hypothesis. The western flank of the back beach zone (Zone III) commingled with depressed, marshy areas extending to the base of hill slopes to the west. These marshy areas, as noted above, were also utilized continuously throughout history, from lo`i and fishpond use to resource gathering areas. During historic times, these marshy areas were often filled and utilized for rice cultivation (see Creed et al. 1995). We continue to explore the possibility that a fishpond also occurred in this back beach area, the Kawailoa Pond south of the Radisson Hotel. MONITORING CONVENTIONS AND METHODOLOGY This AMP has been prepared in accordance with DLNR-SHPD rules governing standards for Archaeological Monitoring (§13-279). Archaeological monitors will adhere to the following guidelines during monitoring: 1.A qualified archaeologist from SCS familiar with the project area and the results of previous archaeological work conducted in the area will monitor subsurface construction activities in the project area. If significant deposits or features are identified and additional field personnel are required, the archaeologist will notify the contractor or representatives before additional personnel are brought to the site. 2.If features or cultural deposits are identified during Archaeological Monitoring, the on-site archaeologist will have the authority to temporarily suspend construction activities at the significant location so that the cultural feature(s) or deposit(s) may be fully evaluated and appropriate treatment of the cultural deposit(s) is conducted. These actions are needed to fulfill the reporting requirements specified in §13-279-5(5) through (6). SHPD archaeologists will be consulted to establish feature significance and potential mitigation procedures. Treatment activities primarily include documenting the feature/deposit through plotting its location on an overall site map, illustrating a plan view map of the feature/deposit, profiling the deposit in three dimensions, photographing the finds (with the exception of human burials), artifact and soil sample collection, and triangulation of the finds. Construction work will only continue in the significant location when all documentation has been completed. 3.Stratigraphy in association with subsurface cultural deposits will be noted and photographed, particularly from deposits containing significant cultural materials. If deemed significant by SHPD and SCS, these deposits will be sampled. 4.In the event that human remains are encountered, all work in the immediate area of the find will cease; the area will be secured from further activity until compliance with §6E-43.6, HRS, and §13-300-40, HAR, has occurred. The SHPD-Oahu archaeologist and SHPD-Burial Sites Program (located in Kapolei, O‘ahu) will both be immediately notified about the inadvertent discovery of human remains on the property. Notification of the inadvertent discovery will also be made to the Kaua`i/Ni`ihau Islands Burial Council by either SHPD or by SCS (Dr. Michael Dega). Procedures to determine the minimum number of individuals, age of the site, and ethnicity of the individual(s) will conform to the relevant procedures established in §13-300, HAR, as directed by the SHPD. Profiles, plan view maps, and illustrative documentation of skeletal parts will be recorded to document the burial(s). The burial location will be identified and marked. If a burial is disturbed, materials excavated from the vicinity of the burial(s) will be manually screened through 1/8-inch wire mesh screens in order to recover any displaced skeletal material. Only SHPD has the authority to approve the removal of human remains, which is typically conducted in consultation with the appropriate burial council members. 5. To ensure that contractors and the construction crew are aware of this AMP and possible site types to be encountered in the project area, a brief coordination meeting will be held between the construction personnel and monitoring archaeologist prior to initiation of the project. The construction crew will also be informed as to the possibility that human burials could be encountered and how they should proceed if they observe such remains. 6. SCS will provide all coordination with the contractor, SHPD, and any other group involved in the project. SCS will coordinate all monitoring and sampling activities with the safety officers for the contractors to ensure that proper safety regulations and protective measures meet compliance. Close coordination will also be maintained with construction representatives in order to adequately inform personnel of the possibility that open archaeological units or trenches may occur in the project area. 7. As necessary, verbal reports will be made to SHPD, and any other agencies as requested. LABORATORY ANALYSIS All samples collected during the project, except human remains, will undergo analysis at the SCS laboratory in Honolulu, in accordance with SHPD rules (§13-279, HAR). In the event that human remains are identified and the SHPD and Kaua`i/Ni`ihau Islands Burial Council authorize their removal, they will be curated at an acceptable location on O`ahu. All photographs, illustrations, and field notes accumulated during the project will be curated at the Honolulu laboratory (SCS). All retrieved artifacts and midden samples will be cleaned, sorted, and analyzed at SCS. Significant artifacts will be photographed, sketched, and classified (qualitative analysis). All metric measurements and weights will be recorded (quantitative analysis). These data will be presented in tabular form within the final monitoring report. Midden samples will be minimally identified to major ‘class’ (e.g., bivalve, gastropod mollusk, echinoderm, fish, bird, and mammal). All data will be clearly recorded on standard laboratory forms which also include number and weight (as appropriate) of each constituent category. These counts will also be included in the final report. Should any samples amenable to dating be collected from a significant cultural deposit, they will be prepared in the SCS laboratory and submitted for taxa identification (Gail Murakami, International Archaeological Research Institute, Inc., Honolulu). If short-lived native and/or Polynesian-introduced taxa are identified, they shall be selected for radiocarbon dating, if necessary. While primary emphasis for dating is placed on charcoal samples, we do not preclude the use of other materials such as marine shell or nonhuman bone materials. SCS will consult with SHPD and with the client if radiocarbon dates are deemed necessary. All stratigraphic profiles will be drafted for presentation in the final report. Representative plan view sketches showing the location and morphology of identified sites/features/deposits will be compiled and illustrated. CURATION SCS will curate all recovered materials in Honolulu (except human remains, which would remain on-island) until the work is completed, reviewed, and accepted by the state. All materials gathered during this project (including documentation) are ultimately the property of the client, who may request their transfer subsequent to the acceptance of the final Archaeological Monitoring Report (see below). REPORTING An Archaeological Monitoring Report documenting all aspects of the work will be submitted within 180 days of the completion of fieldwork, in accordance with SHPD administrative rules (§13-279-5). This time line is requested to account for any radiocarbon age determinations (typically 45 days), if necessary. If cultural features or deposits are identified during fieldwork, the sites will be evaluated for historic significance according to criteria established in §13-275-6(b), HAR. The Archaeological Monitoring Report will be drafted until accepted by SHPD and final revised reports will be submitted to SHPD and to the client. REFERENCES Bennett, W.C. 1931 Archaeology of Kaua`i. B.P. Bishop Museum Bulletin No. 80. Honolulu Corbin, Alan B. and P. H. Rosendahl 2002 Archaeological Inventory Survey Ocean Bay Plantation at Hanama`ulu Land of Hanama`ulu, Lihu`e District Island of Kaua`i (TMK: 4-3-7-3:1; 4-3-9-5:5) Paul H. Rosendahl, Ph.D., Hilo Creed, V.S., H.H. Hammatt, G.K. Ida, and J. Winieski 1995 A Summary of Archaeological Monitoring for the Kapa`a Sewerline Project, Waipouli and Kapa`a Ahupua`a, Puna District, Kaua`i (TMK:4-3-09 and 4-5-03 to 11). Cultural Surveys Hawaii, Kailua, Hawai`i. Dega, M.F., and A. Buffum 2001 Archaeological Monitoring and Sampling at Site 50-30-03-987 Papa`a Bay Ranch, Papa`a Ahupua`a, Kawaihau District, Kaua`i Island, Hawai`i (TMK 4-09- 06:5). Scientific Consultant Services, Inc., Honolulu. Dega, M. F., and Morawski L. 2002 Archaeological Monitoring During Construction of the Lydgate Park Bike and Pedestrian Path, Kaua`i Island, Hawai`i, Scientific Consultant Services, Honolulu Dega, Michael F., and Powell, James 2003 Archaeological Monitoring During Phase I of The Kaua`i Rural Fiber Optics Duct Lines Project, Kaua`i Island, Hawai`i, Scientific Consultant Services, Honolulu Fager, M.W., and R.L. Spear 2000 Monitoring During Wailua Golf Course Irrigation System Renovation, County of Kaua`i, Department of Public Works, Division of Parks and Recreation, Wailua Ahupua`a, Puna District, Kaua`i (TMK:3-9-05:por 1). Scientific Consultant Services, Inc., Honolulu. Fletcher, C.H. III, and A.T. Jones 1996 Sea-Level Highstand Recorded in Holocene Shoreline Deposits on Oahu, Hawaii. Journal of Sedimentary Research, Vol. 66(3):632-641. Foote, D.E., E. Hill, S. Nakamura, and F. Stephens 1972 Soil Survey of the Islands of Oahu, Maui, Molokai, and Lanai, State of Hawaii. U.S. Department of Agriculture Soil Conservation Service, Washington. D.C. Kirch, Patrick V. 1985 Feathered Gods and Fishhooks: An Introduction to Hawaiian Archaeology and Prehistory. University of Hawai`i Press, Honolulu Morawski, L. and M. Dega 2004 Archaeological Monitoring Report During Construction of the Lydgate Park Bike and Pedestrian Path, County of Kaua`i, Wailua Ahupua`a, Lihue District, Kaua`i Island [TMK:3-09-06-01 and :3-09-02-34]. Scientific Consultant Services, Inc., Honolulu. Pukui, M. 1983 `Olelo no`eau: Hawaiian proverbs and poetical sayings. Bishop Museum Press, Honolulu. Thrum, T.G. 1906 Heiaus and Heiau Sites Throughout the Hawaiian Islands, Kauai. In Hawaiian Almanac and Annual 1907, pp. 36-48, Honolulu. Yent, M. 1989 Archaeological Investigations Mapping and Testing of Hikinaakala Heiau and Hauola. Lydgate Area. Wailua River State Park. Wailua, Kauai. Report prepared for the DLNR, Division of State Parks. On File, SHPD Kapolei. D-3 PRELIMINARY GEOTECHNICAL REPORTS This page left intentionally blank October 6, 2005 W.O. 5411-00 Mr. Merle D. Grimes MDG, Inc. 1042 Broken Arrow Circle Elizabeth, CO 80107 HANAMA’ULU RIVER BRIDGE AHUKINI-LYDGATE BIKE/PEDESTRIAN PATH FEDERAL-AID PROJECT NO. STP-0700(51) LIHUE, KAUAI, HAWAII Dear Mr. Grimes: This letter describes the findings from our literature research performed and presents our preliminary geotechnical considerations for the Hanama’ulu River Bridge for the proposed Ahukini-Lydgate Bike/Pedestrian Path project on the Island of Kauai, Hawaii. We understand that the bike and pedestrian path will be about 10 to 12 feet wide and will consist of a 6-inch thick concrete path. One of the path alignment alternatives travels primarily along the existing shoreline from Ahukini Landing to Lydgate Park. The other path alignment alternative travels further inland along Kapule/Kuhio Highway. One of the path alignment alternatives will traverse one existing major structure, the Hanama’ulu River Bridge. Since the Hanama’ulu River Bridge may be historic, construction of a replacement bridge structure may not be possible. Therefore, the Hanama’ulu River Bridge structure will probably require modifications. The existing Hanama’ulu River Bridge is a 2-span concrete arch bridge with 53 and 79-foot long spans. The bridge was built in the 1920’s with a bridge deck about 10 feet wide. The bridge piers and abutments are supported on a pile foundation except for the Kapaa-side abutment that is supported on spread footings bearing on rock. The type of pile and other details of the pile foundation were not shown on the available drawings. In addition, subsurface soil information was not provided on the drawings. Based on geologic maps, the Hanama’ulu River area is underlain by recent alluvial deposits. The recent alluvial deposits are characterized as unconsolidated, non-calcareous soils. These recent alluvial deposits tend to be soft in consistency and compressible. We anticipate that the existing bridge structure is mainly underlain by recent alluvial deposits. We understand that the existing bridge will be renovated with a new bridge deck on the existing bridge. The bridge deck will consist of precast concrete planks with stainless steel cable railings and concrete railing posts. In addition, new concrete end post structures will be constructed. MDG, Inc. W.O. 5411-00 October 6, 2005 Page 2 The load capacity of the existing bridge foundation will need to be determined for the additional loads of the new bridge deck structure. We understand that bridge scour need not be considered in the bridge design . We appreciate the opportunity to be of continued service to you on this project. If you have questions or need additional information, please contact our office. Respectfully submitted, GEOLABS, INC. By ~{.0 Gerald Y . Seki, P .E. Senior Geotechnical Engineer GS:cj J.V (h:\5400 Series \5411-00.gs 1) GEOLABS, INC. Hawaii • California October 5, 2005 W.O. 5411-00 Mr. Merle D. Grimes MDG, Inc. 1042 Broken Arrow Circle Elizabeth, CO 80107 PRELIMINARY GEOTECHNICAL ENGINEERING STUDY AHUKINI-LYDGATE BIKE/PEDESTRIAN PATH FEDERAL-AID PROJECT NO. STP-0700(51) LIHUE, KAUAI, HAWAII Dear Mr. Grimes: This report describes the findings from our literature research performed and presents our preliminary geotechnical considerations for the proposed Ahukini-Lydgate Bike/Pedestrian Path project between Ahukini Landing and Lydgate Park on the Island of Kauai, Hawaii. This report is intended to provide preliminary geotechnical considerations for planning and for the development of the Environmental Assessment only. Our work was performed in general accordance with the scope of services outlined in our revised fee proposal of June 9, 2005. The general location and vicinity of the project site are shown on the Project Location Map, Plate 1. SUMMARY OF FINDINGS Based on our literature research performed for the proposed Ahukini-Lydgate Bike/Pedestrian Path project, we anticipate that the proposed path alignments will traverse beach and dune sand deposits, alluvial soils and volcanic rock. The beach and dune sand deposits generally consist of poorly- graded sands. Portions of the project site are underlain by recent alluvial deposits that are typically soft and compressible. One of the path alignments travels close to an estimated wetland area. In addition, portions of the proposed alignments are underlain by basalt formations. We anticipate that the areas with basalt formations are covered by stiff residual and saprolitic soils, to basalt rock formation. Several geotechnical considerations that may have a significant impact on project cost and construction time were identified during our literature research. In addition, the geotechnical considerations may have adverse impacts to the project during construction. These geotechnical considerations include settlement due to soft soil deposits, slope raveling, potential rockfall hazards, seepage of groundwater, and flooding associated with high rainfall storms. Special attention should be given to soft ground stabilization, cut slope design, subgrade stabilization, drainage design, and erosion control measures during the design and construction of the bike/pedestrian path project. We anticipate that the proposed path alignments will traverse soft, loose, and/or unstable ground, such as gullies and stream crossings underlain by recent alluvial soils. Methods to reduce the anticipated path settlements and increase the path stability include removal of the soft and/or loose soil deposits and replacement with compacted fill materials, installation of a working platform or drainage blanket prior to fill placement, and utilizing soil stabilization methods, such as vibro- replacement or jet-grouting to improve the soft and/or loose soil deposits for construction. In addition, a settlement waiting period likely will be required for embankment construction over the soft ground areas to reduce the potential for shear failure in the soft material and to reduce post construction settlements of the embankment. In addition, a surcharge program with settlement monitoring may be required to reduce the settlement waiting period. It is proposed to place the new path on the existing Hanama’ulu River Bridge structure. The load capacity of the existing bridge foundation will need to be determined for the additional loads of the new bridge deck structure. New bridge structures will be required for the drainageway crossing near the Radisson Hotel and for the roadway crossing near the Kamalani Bridge. Since poor subsoil conditions may be encountered at the crossing sites, a deep foundation system such as drilled shafts or driven piles may be required to support the new bridge structures. In areas subjected to scour, the new bridge structure should be designed for scour. We understand that the use of viaduct bridge structures is being considered for crossing the soft ground areas. Because of the soft subsoil conditions, we anticipate that a deep foundation system will likely be required to support the viaduct bridge structures. It should be noted that the findings and preliminary recommendations provided in this report are intended for planning and development of the Environmental Assessment only. The text of this report should be referred to for detailed discussion of our findings and preliminary recommendations. PROJECT CONSIDERATIONS The proposed Bike/Pedestrian Path project is located between Ahukini Landing and the existing Lydgate Park on the Island of Kauai, Hawaii. The project involves completion of the planning phase, including obtaining approval of the environmental assessment. The study corridor is located between Ahukini Landing and a point near the existing Lydgate Park, and from the shoreline to the Kapule/Kuhio Highway. Alternative path alignments were developed during the initial phase of the planning study for the project. These path alignments were reduced to two main alternative path alignments for engineering evaluation to quantify potential costs for grading and major structures. Geotechnical input will be required to identify potential hazards, such as soft ground conditions, rockfall, and other conditions that may have a large impact on project costs and construction time. We understand that the bike and pedestrian path will be about 10 to 12 feet wide and will consist of a 6-inch thick concrete path. One of the path alignment alternatives travels primarily along the existing shoreline from Ahukini Landing to Lydgate Park. The other path alignment alternative travels further inland along Kapule/Kuhio Highway. One of the path alignment alternatives will traverse one existing major structure, the Hanama’ulu River Bridge. Since the Hanama’ulu River Bridge is historic, construction of a replacement bridge structure may not be possible. Therefore, the Hanama’ulu River Bridge structure will probably require modifications. In addition, two new bridge structures and a tunnel structure are proposed along the alignments. Based on the relatively flat site topography along most of the path alignments, we anticipate that the majority of the cuts and fills will be on the order of less than 10 feet. However, major cuts and fills on the order of up to about 20 to 30 feet are anticipated for the construction of the proposed path alignment located between Hanama’ulu Bridge and Ahukini Landing. PATH ALIGNMENT ALTERNATIVES We understand that two main path alignment alternatives were developed for the project. These selected path alignment alternatives were studied for this report and are described below. The different paths and segments for the path alignment alternatives are shown on the Site Plans, Plates 2.1 through 2.6. Alternative No. 1 Path Alternative No. 1 generally runs along the existing shoreline. The path starts from Ahukini Landing, circles around Hanama’ulu Bay, and travels near the shoreline to Lydgate Park. At the back of Hanama’ulu Bay, the path alignment is located away from the shoreline and within a low-lying area. In addition, the path crosses over the existing historic Hanama’ulu Bridge in this area. An alternative segment that connects the shoreline path up to Kapule/Kuhio Highway is proposed near the Wailua Golf Course driving range. This alternative segment includes a tunnel section that crosses an existing pathway. In addition, new bridge structures are proposed near the Radisson Hotel and the Kamalani Play Bridge at Lydgate Park. Alternative No. 2 Path Alternative No. 2 connects with Path Alternative No. 1 near the northern portion of Hanama’ulu Bay. This alternative path alignment follows existing cane haul roads and runs along the eastern side of Kapule/Kuhio Highway to Lydgate Park. This path alternative also includes alternative path segments that travels from Kapule/Kuhio Highway down to the shoreline near the Radisson Hotel. GEOLOGIC CONDITIONS The Island of Kauai is composed of a single basalt shield volcano built by the extrusion of lava of the Waimea Canyon Volcanic Series during the late Pliocene Epoch (more than 2¼ million years before present). Following the cessation of this main shield building phase, there was renewed volcanic activity with the extrusion of basaltic lava of the post-erosional Koloa Volcanic Series and the concurrent deposition of the alluvial sediments of the Palikea Formation. The majority of the Island of Kauai is covered by lava of the Waimea Canyon Volcanic Series. These lavas consist of four distinct formations: Napali, Olokele, Haupu, and Makaweli. These formations are comprised of thin-bedded a’a and pahoehoe flows to massive basalt flows that ponded in calderas and graben. Rocks of the Koloa Volcanic Series cover most of the eastern half of the Island of Kauai. These rocks are generally characterized as thick flows of dense basalt extruded from groups of vents aligned in north- south trends in various locales. Associated with the vents are pyroclastic materials, which usually form low cinder cones at the vent. During the Pleistocene Epoch (Ice Age), there were many sea level changes as a result of widespread glaciation in the continental areas of the world. As the great continental glaciers accumulated, the level of the ocean fell since there was less water available to fill the oceanic basins. Conversely, as the glaciers receded, or melted, global sea levels rose because more water was available. The land mass of Kauai remained essentially stable during these changes, and the fluctuations were eustatic in nature. These glacio-eustatic fluctuations resulted in stands of the sea that were both higher and lower relative to the present sea level of Kauai. The basaltic rock built by the extrusion of lavas of the Koloa Volcanic Series are generally characterized by flows of jointed dense vesicular basalt inter-bedded with thin clinker layers. The weathering process has formed a mantle of residual soils which grade to saprolite with depth. In general, saprolite is composed of mainly silty material and is typical of the tropical weathering of volcanic rocks. The saprolite grades to basaltic rock formation with depth. Erosion of the upper Koloa and Waimea Canyon Volcanic Series has deposited alluvial sediments along streams, drainageways, and low-lying areas. These sediments are generally unconsolidated to moderately consolidated, non-calcareous soil deposits. Agricultural and commercial developments within the last century have brought the project site to its present conditions. The geology for the proposed path alignments were developed based on geologic references. The site geology for the two path alternatives is described in the following subsections. Alternative No. 1 The proposed path alignment for Alternative No. 1 is mainly underlain by beach and dune sand deposits. The beach and dune sand deposits are characterized as unconsolidated calcareous deposits. These deposits are poorly graded and uniform in particle size. Recent alluvial deposits may be encountered further inland from the shoreline near the Kawailoa area and within the Hanama’ulu Stream area. The recent alluvial deposits are characterized as unconsolidated, non - calcareous soils. These recent alluvial deposits tend to be soft in consistency and compressible. In addition, basalt rock formation of the Koloa Volcanic Series may be encountered along the southern portion of the path alignment at the sides of Hanama’ulu Bay. Alternative No. 2 This alternative alignment is mainly underlain by alluvial deposits consisting of recent and older alluvium. Characteristics of the recent alluvium are described above. The older alluvial deposits are more consolidated and stiffer in consistency compared to the recent alluvial deposits. The southern portion of path alignment is underlain by basalt rock formation of the Koloa Volcanic Series. We anticipate the presence of residual and saprolitic soils near the ground surface. These soils are developed from the in-situ weathering of the basalt formation. In addition, the northern portion of the path alignment near Lydgate Park is underlain by a dune sand deposit. SURFACE TERRAIN The terrain along the bike/pedestrian path project limits varies significantly from level, low- lying areas to sloping hillside areas. A brief description of the topography along the proposed alignments is presented below. These descriptions are based on United States Geological Survey (USGS) topographic maps. Alternative No. 1 The initial roadway alignment from Ahukini Landing travels around Hanama’ulu Bay with the ground surface varying from low-lying near the mouth of the bay to sloping hillsides along the sides of the bay with ground surface elevations up to about +80 feet Mean Sea Level (MSL). The remaining portion of the alignment travels along the shoreline with ground surface elevations from about +5 to +20 feet MSL. Alternative No. 2 Since this alternative path alignment is further inland, the ground elevations along Alternative No. 2 are generally higher compared to Alternative No. 1. The existing ground surface near Hanama’ulu Bay is about Elevation +80 feet MSL and generally slopes downwards as the alignment travels along Kapule/Kuhio Highway to Lydgate Park to about Elevation +5 to +20 feet MSL. EXISTING/NEW BRIDGE STRUCTURES AND TUNNEL The proposed path alignments will traverse existing and new bridge structures and a new tunnel structure. Description of the bridge and tunnel structures is provided in the subsequent subsections. Existing Hanama’ulu River Bridge The Hanama’ulu River Bridge is a 2-span concrete arch bridge with 53 and 79-foot long spans. The bridge was built in the 1920’s with a bridge deck about 10 feet wide. The bridge piers and abutments are supported on a pile foundation except for the Kapaa-side abutment that is supported on spread footings bearing on rock. The type of pile and other details of the pile foundation were not shown on the available drawings. In addition, subsurface soil information was not provided on the drawings. We anticipate that the existing bridge structure is underlain by recent alluvial deposits. We understand that the existing bridge will be renovated with a new bridge deck on the existing bridge. The bridge deck will consist of precast concrete planks with stainless steel cable railings and concrete railing posts. In addition, new concrete end post structures will be constructed. The load capacity of the existing bridge foundation will need to be determined for the additional loads of the new bridge deck structure. We understand that bridge scour need not be considered in the bridge design. New Bridge Near Radisson Hotel A new one-span bridge structure is proposed to cross an existing drainageway near the Radisson Hotel. The new bridge will be supported at it ends by concrete abutment structures and will be about 90 feet in length. The use of prestressed planks or girders is being considered with stainless steel cable railings. Based on the geologic maps, the new bridge site is generally underlain by recent alluvial and beach sand deposits. New Tunnel Structure Near Driving Range A new path tunnel structure is proposed near the Wailua Golf Course Facility. The 160-foot long tunnel will be composed of concrete construction and will be about 12 feet wide by 10 feet high. The tunnel structure is situated on a path connecting the Alternative No. 1 Coastal Path with the Alternative No. 2 Highway Path. Based on the geologic maps, the tunnel site is generally underlain by dune sand deposits. New Bridge Structure Near Kamalani Bridge A new three-span bridge structure is proposed near the existing Kamalani Bridge within the Lydgate Park area. The new bridge will be about 140 feet in length with span lengths of 35 and 70 feet. The proposed bridge will consist of wooden deck and railings, concrete pier columns, and concrete abutment structures. The wooden deck will be supported by stainless steel cables. We anticipate that the new bridge site is underlain by a dune sand deposit. WETLAND AREA We estimate that the proposed Alternative No. 2 path alignment will travel close to an estimated wetland area. In general, these areas are characterized by swamp or marsh-like environment with possible presence of standing water. Wetland sites may contain various forms of unique wildlife, which may require preservation. The approximate location of the estimated wetland site is shown on Plates 2.4 and 2.5. From a geotechnical engineering point-of-view, swamps and marshlands often imply the presence of soft soils. It should be noted that areas not designated as a “Wetland Site” may also contain deposits of soft soils. These areas are further discussed in the Geotechnical Considerations section. GEOTECHNICAL CONSIDERATIONS Based on our desk-top study of the project site, several types of geotechnical considerations may have the potential for adverse impacts on the stability of the planned structures as well as the future maintenance of the proposed path. The geotechnical considerations may include, but are not limited to, the following: Settlement Due to Soft Soils Slope Raveling or Failure Rockfall Hazard Seepage of Groundwater Flooding by Rainfall Settlement Due to Soft Soils Areas underlain by recent alluvium are susceptible to consolidation and settlement over time as man-made fills are placed over these soft ground areas. Based on our literature research, soft soils are likely to be encountered at stream crossings, drainageways, wetland areas and other localized areas. A thorough field exploration should be performed at these locations where soft soil deposits are suspected in order to determine the lateral extent, thickness, and consolidation characteristics under the proposed fill loading conditions. The soft soil areas should be further evaluated to provide recommendations for design and construction of embankments and/or bridge viaduct structures over these areas. The estimated soft ground areas are shown on the Plates 2.1 through 2.6. Slope Raveling or Failure Based on the aerial photographs and available topographic maps of the project site, we anticipate that earthwork for the proposed bike and pedestrian path project will involve cuts at various locations throughout the site. We anticipate that substantial cuts of up to about 20 feet in the saprolite and/or weathered rock may be required. Therefore, some slope raveling and localized slope failures may occur on very steep cut slopes. Most of these slope raveling and failures tend to occur in steeply cut slopes with slope inclinations of about 1H:1V or steeper. Because of these existing conditions, cut slope inclinations for the larger cut slopes will need to be evaluated on a case-by-case basis when the vertical profile of the alignment is established. Rockfall Hazard It should be noted that areas adjacent to relatively steep hillsides are susceptible to rockfall. Rockfall involves the detachment and fall of rock material from the slope face that can present dangerous conditions for bike and pedestrian traffic. Because of these potential issues, cut slope inclinations for the larger cut slopes will need to be evaluated on a case-by-case basis when the vertical profile of the alignment is established. Seepage of Groundwater We anticipate that the soils encountered during path construction may have relatively high water contents due to the high rainfall and high groundwater levels. In addition, perched groundwater tables may exist in some areas. Because of the high moisture anticipated in the weathered materials, earthwork cuts may expose permeable layers responsible for transmitting seepage of subsurface groundwater, which in turn may cause potentially unstable cut faces. Flooding by Rainfall Based on a review of available topographic maps of the site, the Island of Kauai contains numerous rivers, streams, and drainage paths as a result of the high volume of tropical rainfall. Extended periods of heavy rainfall may swell drainage pathways to their capacity and flood low-lying areas. We wish to emphasize that adequate modeling of scour potential and storm water runoff should be performed for the design of new bridge structures. MDG. Inc. w .o. 5411 -00 October 5, 2005 Page9 CLOSURE We appreciate the opportuni ty to provide geotechnical services to you on this proj ect If you have questions or need additional i nformation, please contact our office. Respectfully submitted , GEOLABS, INC. By ~ t:.~ Gerald Y. Seki, P.E. Senior Geotechni cal Engineer CSM :GS:as * m S WORKWA$PR£PARE08Y ME OR UNDER MY SUl'ERVISION. Attachments : Project Location Map, Plate 1 S ite Plans , Plates 2 .1 thru 2 .6 (4 Copies to Addressee) (M.5400Senos\5'1 1 l •OO.gs1) GEOLABS, INC . ~wan • Catifomla PACIFIC OCEAN N I ISLAND MAP NO SCALE PRlfl.'CEVILLE KILAUEA GENERAL PROJECT LOCATION>•>-----' N PROJECT LOCATION MAP AHUKINl-LY DGATE BIKE/PEDESTRIAN PATH FEDERAL A ID PROJECT NO. STP-0700(51) LIHUE , KA UAI, HAWAII GEOLABS, INC . Geotechnical Engineering DATE ORAWNBY PLATE SEPTEMBER 2005 HYC SCALE W.0. 1 D-4 GEOLOGICAL STATUS OF THE SHORELINE REPORT Charles Fletcher, Ph.D. October 2, 2009 Merle D. Grimes, LLC 1042 Broken Arrow Circle Elizabeth, Colorado 80107 303-571-5787 wk 303-571-5788 fx Dear Mr. Grimes: Following is my report on the geologic status of the shoreline at Wailua. Physical Setting The shoreline at Wailua on Kauai’s east coast experiences persistent trade winds that blow 50 to 80% of the winter months, and 85 to 95% of the summer months1. These winds are incident to the shore at Wailua from a northeasterly angle such that they create a southward littoral current capable of transporting suspended sand and other materials in the water column. These winds may accelerate under the influence of the east Kauai vortex that develops due to diurnal heating of the upland. As a result, 25 to 35 knot winds are not uncommon and a moderate alongshore coastal current develops from the north to the south during gusting periods. The trades cause the formation of a strong and persistent sea state in the waters offshore. Most of the long-period swell energy is dissipated at the seaward crest of the fringing reef, and the shoreline is characterized by 1 to 3 foot wind-waves with short periods (5-10 sec.), but openings and channels in the reef do allow shoreline access to higher energy waves. The primary energy controlling marine sediment transport at Wailua comes from tidal flow, long period surge, local wind-waves and their resulting currents across the reef-flat surface moving predominantly from north to south as well as directed offshore through channels and into depressions in the reef. The result is a shoreline that is not straight. Rather it has evolved pronounced curvatures and protuberances due to sediment accumulation and removal in response to both alongshore sediment transport and channel incision. The reef-flat at Wailua is dominated by carbonate sediments produced as skeletal debris from various benthic organisms on the adjacent reef (carbonate algae, micromolluscs, coral fragments, and fossil carbonate lithic (rock) fragments). Closer to shore and along the littoral zone and beach, sediments tend to be clean carbonate sands produced by the reefal organisms. The immediate upland on the northern and central sections is a sandy coastal plain with an origin related to a recent, past higher sea level (ca. 2000 yr ago), dune formation, and alongshore sediment accumulation. The upland along the southern section is basaltic, of volcanic origin. 1 Sanderson, M. 1993. Prevailing Trade Winds, University of Hawaii Press, 126 p. Charles H. Fletcher, Ph.D. University of Hawaii School of Ocean and Earth Science and Technology Department of Geology and Geophysics 1680 East West Road Honolulu, HI 96822 ph. 808-956-2582 fx. 808-956 5512 fletcher@soest.hawaii.edu Controls on Shoreline Position Shorelines maintain equilibrium (their position) under the influence of three environmental controls: sediment supply, waves and currents, and sea-level movements. These three factors compete for control over shoreline position. Sea level has been rising at approximately 1.5 to 2.4 mm/yr for most of the last century or more, and may, more recently, have experienced an acceleration in rate. Waves and currents have likely experienced little change in the last few centuries, although structures intersecting the littoral zone (such as the swimming pond) will influence their local impact. Sediment supply may vary widely due to human influences, seasonal changes in sediment production and delivery, and long-term shifts in sediment availability. A shoreline with sufficient sediment supply can maintain its position even while sea level and wave energy increase. The shoreline at Wailua can be analyzed for changes in physical position over the last 75 years using a time series of historical aerial photographs and maps. Methodology The following map displays results of our historical shoreline analysis. Historical beach positions, color coded by year (see figure), were determined for the Wailua coastline using orthorectified and georeferenced aerial photographs and National Ocean Survey (NOS) topographic survey charts. We use the low water mark as the historical shoreline position (or shoreline change reference feature, SCRF). For locations in which there is coastal armoring or rocky shoreline seaward of any vegetation, the SCRF is delineated along the high water mark. Movement of the SCRF is used to calculate erosion/accretion rates at shore-normal transects spaced every 20 m (66 ft) along the shoreline. The 1987 SCRF is not used in the calculation of the annual erosion hazard rate, however it provides a gauge of seasonal uncertainty. Erosion rates are determined at yellow shore normal transects (20 m). Annual erosion rates are displayed in a shore-parallel histogram graph located offshore of the coast on the diagram. Colored bars on the graph correspond to shore-normal transects; approximately every fifth transect and bar are numbered. Where necessary, some transects have been purposely deleted during data processing; as a result, transect numbering is not consecutive everywhere. Where complete beach loss has occurred, erosion rate calculations apply only to the time period when a beach existed. Results Our historical shoreline analysis reveals that the Wailua coast experiences intermittent historical variability in the form of some coastal segments that have long-term stability and others that display chronic erosion. The northern portion of the coast at Lydgate Park suffers from chronic erosion at rates exceeding 2 ft/yr in places. This is due to the negative influence of the rock-wall swimming pond on sediment availability to the adjacent coast immediately to the south. The negative effects of the rock wall taper off at a distance of about 1500 feet to the south and the shoreline achieves greater long-term stability beyond this. Along the Wailua Golf Course shoreline, the effects of erosion tend to be temporally sporadic and inconsistently spaced. Localized erosion characterizes places where reef channels and depressions intersect with the sandy beach to capture sands and divert them offshore. These are locations where sands might otherwise reside along the beach. The practice range is one such location where erosion rates of 1 to 2 ft/yr characterize the last several decades. ·-· .. ...,..:_l~__.._j.__r~~~ f._. --===-~:. c::::'=--... ---·-.. --:::::"'"' __ _ .. --·-_____ .,. =-~-==-::... .. __ ... ___ _ _ ... ___ .. _ -:::...-::::=.~------r-...:;i.~::.::-----·--· -- -----------_ ... __ _ --~-... -==:.:::.-.. .. --=--------·---·---:.:-==----"'"·---· ---·-·--------------- The first and second fairways show a history of relative stability when averaged over time. However, direct inspection of the coastline, and interviews with observers, indicate that the coast undergoes periods of retreat during high wave and wind events. The presence of large stone blocks at the location where a natural dune would otherwise exist, confirm a history of attempts to armor the coast to prevent land loss. A closer look at the history of shoreline positions on this section of coast, between transects 125 and 75, reveals the intermittent history. Transects 99-114 (below) illustrate and exemplify this. The plot of shoreline positions through time, as typically captured in transect (Tr) #108, shows that two episodes of erosion characterize the otherwise stable shoreline. The period 1927-1950 is characterized by a strong erosion trend that apparently recovered over the following decades. Another erosion trend from 1988-1992 also displays strong shoreline displacement that also recovered in the subsequent decade. The 1927-1950 trend may be due to a storm event, sand-mining from the beach, or reef blasting all of which are known to have occurred periodically over the course of the early to middle 20 th century. The fact that the low water mark (the seaward front of the beach) recovered to nearly its original position following each erosion period suggests that a storm event, causing temporary sand removal, was the culprit for displacing the shoreline rather than permanent sand removal associated with blasting or mining. The 1992 erosion trend is the result of high wave energy related to Hurricane Iniki. Overall, it appears that the position of the low water mark, which we map as the shoreline reference feature, and which is located at the seaward edge of the beach at the base of the sloping foreshore, has essentially maintained its position over the past 75 years. That history has been characterized by erosion events that temporarily displace the toe landward, which subsequently recovers, but permanently cuts-back the edge of the fairway, which does not recover. This has led to placement of stone blocks in a fruitless effort to stop erosion that would cease on its own anyway upon the termination of the storm. Net stability of the beach toe, and chronic retreat of the dune edge, suggest that the beach width has increased over time and that the beach relies on dune sand released by erosion to maintain its position. Nature of the Erosion Problem Coastal erosion occurs when a sandy shoreline (with a beach) experiences a deficiency in sand volume preventing it from maintaining a stable position on the edge of the ocean. The sand deficiency may be caused by human actions, a rise in sea level, or a major event such as a storm or tsunami. In response to a sand deficiency, the land abutting the beach may erode. This releases sand from the abutting dunes to feed the beach – in the process the shoreline migrates landward some distance and may stabilize once again if the sand deficiency is restored. Although the beach will migrate landward, it may not experience any narrowing due to erosion if it receives the sand eroded from the dunes. That is, a wide beach can persist even as it migrates landward at the expense of the abutting land. Hence, there is a difference between coastal erosion (land loss) and beach erosion (beach loss). Because of this phenomenon, for the environmental health of the beach (and because the beach is often more valuable than the land) it may be appropriate to let the erosion continue as a means of restoring a sand deficiency. If a sand deficiency is temporary (such as a seasonal event associated with seasonal wave changes) any erosion will be temporary and repair itself from one year to the next. If a deficiency persists from year to year this signifies an ongoing impact to sand volume. Likely causes may include ongoing sea-level rise, ongoing human impacts, or continuing recovery from a large one-time impact such as a storm or tsunami. In such a case the landward recession is chronic. In cases where chronic erosion destroys private land and/or threatens built structures, abutting owners have a tendency to develop remedial measure to stop the erosion. The most common measure is to build a seawall. However, this impounds the dune sand that would otherwise nourish the beach, and on a chronically eroding shoreline, seawalls will cause the beach to disappear. This is an undesirable result as the original goal of most coastal land use is to enjoy the economic and environmental benefits of the beach. In Hawaii particularly, the beach is a public resource and it is inappropriate to allow private land use to impact conservation land. Unfortunately, in Hawaii where chronic erosion is a widespread problem, past practice has been to build seawalls in response to erosion. As a result, the total length of beaches on the island of Oahu has decreased by 25% due to seawall building, over 400 seawalls exist on the Maui shoreline with fewer than half being properly permitted, and public access to the sea is significantly decreased throughout the state because beach loss limits shoreline use. Ironically, the attempt to armor the Wailua fairway coastline has not prevented landloss, and because the armoring is haphazard and poorly engineered, neither has it significantly interfered with sand movement from the dune to the beach. However, the dune does have a sand deficiency, and were the dune to undergo sand augmentation it would likely experience enhanced stability, ecological restoration, and offer better protection to the recessing fairway. Appropriate Development - Pathway Although the most appropriate coastal development emphasizes mitigating coastal hazards such as storm surge, erosion, and tsunami inundation by avoiding the problem through broad setbacks of several hundred feet or more, too many times we are forced to develop in the coastal hazard zone because of logistical, economic, and even philosophical constraints. The Pathway project is a typical example. Laudably promulgated on the philosophy of “public access forever”, the pathway would be ideally sited on a modular, low-impact surface with minimal solid area facing the sea at a distance of at least 100 feet and most appropriately 200 feet setback from the vegetation line. Unfortunately, at locations where upland improvements force the pathway to a considerably more seaward position, or landward, away from the coast altogether, attempts must be made to accommodate the presence of unexpected traits in the new venue. Pushed to the seaward edge of the fairway, perched on the edge of an episodically retreating upland surface, the design of the path should attempt to minimize hazard exposure, environmental impact, and negative influences on the function of the golf course. Hence, the following general guidelines are proposed. The pathway should: 1.Restore the natural sand volume and geometry of the original coastal dune, as well as its critically important function as a coastal environment; 2.Present an absolute minimum surface area toward seaward forces; 3.Withstand strong instantaneous buoyant, shearing, and concussive forces associated with marine inundation and high winds; 4.Withstand temporary erosion events associated with storms; 5.Be amenable to future post-erosional sand placement to restore the dune system. This results in essentially two structural options. 1.Build a lightweight pathway surface consisting of lockable modular sections floating on a sand foundation in connection with dune restoration. Dune construction should be located as far landward as possible, between the seaward-most line of stable vegetation on the beach and the fairway rough. It should emphasize a slope of 2:1 or greater (3:1) and a fill volume of approximately 8-10 yds3/ft of frontage. Modular path sections should have a tethering system to prevent scattering during flooding. A small retaining wall to prevent sand spillage onto the pathway is acceptable. The dune should be strongly vegetated. A source of sand needs to be identified both for the initial restoration, as well as for replacement of sand eroded in future years. 2.Build a hanging pathway on narrow externally threaded auger piles of sufficient strength to allow broad spacing to avoid interference with wave processes. This version would likely survive marine forces intact and allow sand placement below and between the pathway superstructure. Piles would be augered several feet below grade and allow for marine flooding and erosion without subsequent damage to the path. Following the season of high wave action, sand restoration could ensue. In both cases the existing topographic grade will simply be buried by the restored dune. This includes burying the stone blocks, dirt road, eroded escarpments, and other topographic features. Both of these approaches emphasize the application of sand nourishment to the coastline. Although sand nourishment is not a permanent solution to coastal recession, it is the most consistent with natural environmental processes, it is the most permitable approach from a regulatory point of view, it represents a maintenance commitment, and does entail ongoing costs in repairing future erosion damage. Kauai has three sand sources: Mana, Mahaulepu, and offshore. Offshore sand mining has not been considered here although this option is viable if the County wishes to pursue it further. Mana sand is the best developed resource at this time. However, the sand from Mana has shown a tendency to compact and harden when placed in the intertidal zone. This effect should be mitigated in the present circumstance due to its removal from daily tidal inundation as part of a dune. The most effective approach to improving the sand is to wash it using a wet elevator and airfall system. With this treatment it is unlikely that the dune fill will undergo hardening. A sand improvement system such as this exists at the Mahaulepu quarry. The following figure provides a generalized restoration section. Shoreline South of Wailua Golf Course Data on shoreline change to the south of the golf course indicates that erosion increases in the area of the Kauai Hilton hotel and to its south. Erosion on the south end of the Hilton property reaches a chronic rate of ~0.3 ft/yr and to the south in the area of the dirt road that accesses the shore, erosion reaches ~0.5 ft/yr. The remainder of the shoreline to Ahukini Point was not analyzed with regard to shoreline change history. The majority of this coastline is rocky and not subject to pronounced erosive forces. Despite this, the placement of the bike path does present a challenging permitting issue as it will be subject to marine inundation during storm and tsunami events and frequent wave forces if it is placed too close to the higher intertidal zone. The bath should be structurally designed to withstand shearing, concussive, and buoyant marine forces. The location of the path along the rocky shoreline should emphasize keeping the widest possible open space (set-back) between any evidence of marine influence and the seaward edge of the path. Where the path will have to be squeezed between rocky shore and heavy vegetation, it is most advantageous to conduct vegetation cutback, and locate the path in the upland direction. The photo(s) below illustrates where it would be problematic to permit a pathway on the upper most boulders and seaward of the vegetation – the path will need to be located within the vegetation zone and well (~20ft) landward of the uppermost boulder zone. Exact location of the pathway in this section would be best performed with a coastal expert, a chainsaw, and flagging ribbon. In the bottom photo, the location of the old road/railbed does not exactly represent the optimal location. The bike path would be best located mauka of the road, or at least on the mauka edge of this feature. Charles Fletcher Professor of Marine Geology and Geophysics D-5 STRUCTURAL REPORT AHUKINI LANDING TO LYDGATE PARK STRUCTURAL STATUS REPORT KSF, Inc. October 5, 2005 The path from Ahukini Landing to Lydgate Park may require the following proposed new structures or retrofit work on existing structures (refer to Map S-1), depending on the final path alignment. 1. Proposed Ramp South of the Existing Hanama’ulu Railroad Bridge 2. Existing Hanama’ulu Railroad Bridge Retrofit 3. Proposed Retaining Wall for Path Access Ramp at the Hanama’ulu Beach Park 4. Proposed Retaining Wall Path on the North Shore of Hanama’ulu Bay 5. Existing Cane Haul Box Culvert Bridge - Radisson Bypass Alternative 6. Proposed Temporary Integrated Boardwalk Plank System 7. Proposed Radisson Hotel Bike/Pedestrian Bridge 8. 4 th Fairway – Proposed Bike/Pedestrian Bridge 9. 2 nd Fairway – Proposed Helical Pile Boardwalk Path with Dune Restoration 10. 1 st. Fairway – Proposed Helical Pile Boardwalk Path with Dune Restoration 11. 17 th Green – Proposed Helical Pile Boardwalk Path 12. Proposed Lydgate Park Bike/Pedestrian Bridge The following is a status report of structural assessment work completed to date: 1.Proposed Ramp South of the Existing Hanama’ulu Railroad Bridge Three alternatives were prepared for this structure. a.Embankment: Fill and re-grade the entire area to keep slopes within the ADA 5% maximum. This should be a low cost solution but accessibility problems and large height/grade differentials will increase construction difficulty. This solution impacts a wide area. The filled areas are likely to cause drainage problems, as runoff will be accumulated on the uphill side of the fill. b.MSE: Use a mechanically stabilized earth, segmental retaining wall system to define the path. This system utilizes a system comprised of concrete masonry units with geotextile tiebacks to retain and stabilize the backfill. This may be the most cost effective system with the least impact on the area. Drainage concerns will be similar to “a” above as uphill runoff will be accumulated (Refer to Drawing S-2). c.Bridge: Construct an elevated structure. A bridge requires foundation and superstructure work and would be the most costly especially if deep foundations (piles) are required. A major advantage of an elevated structure will be its limited impact on the surrounding area as the topography will be minimally affected and drainage will not be an issue (Refer to Drawing S-3). Estimate of Probable Construction Costs: Embankment Option: Not available at this time. Estimate requires detailed topographic survey MSE/Segmental Retaining Wall Option: $1,000,000.00 Elevated Bridge/Ramp Option: $1,5000,000.00 ($250.00 per s.f. plan area of deck) 2.Existing Hanama’ulu Railroad Bridge Retrofit The following is a report summarizing our work regarding the Structural Assessment and Recommendations for the Historic Hanama’ulu Railroad Bridge (Refer to Drawing S-4). a.Observations The bridge appears to be in very good condition considering its age and ocean front exposure. Several site visits have been conducted. At this time, no exploratory evaluations such as coring and concrete sampling have been performed. Several minor spalled areas are visible from the ground. The top “trough” which formed the original roadway for the railway was filled with dirt and debris. Once cleaned, additional concrete damage can be expected due to constant moisture from the organic material. It is expected that these concrete defects can be readily repaired using conventional chip-and-patch methods. (See Section “E”) Photo of the Hanama’ulu Railroad Bridge Another view of the Hanama’ulu Railroad Bridge b. Structural Assessment An original plantation drawing was available indicating dimensions but containing very little other information regarding reinforcing steel or the foundation piles. The bridge was modeled using a STRUDL finite element program neglecting any reinforcing steel. Loading from the proposed, new concrete deck used to widen the path was included. The structure, with smaller secondary arches supported on longer span primary arches, was found to be completely in compression. Concrete compressive stresses were in the 500-psi range. This would partially explain the few observed spalls as the absence of tensile cracks has allowed the concrete to continue to protect the reinforcing steel. c. Foundation Assessment Geolabs, Inc is assessing the substructure. Initial indications are that the existing foundation will be adequate to support the new path as the new loads will be of the same order of magnitude as originally intended. Field assessments to probe the depth of the top of the pile cap and collection of boring samples have yet to be completed. Unknown will be the size, depth, number and condition of the original piles, assumed to be timber. This information will be extremely difficult to ascertain. d. Design and Recommendations Various schemes to modify the top deck for an increased width and guardrails have been reviewed. The recommend solution uses pre-cast concrete planks attached to the existing structure with epoxy embedded steel dowels. The planks span across the width of the existing bridge to provide a widened path and will provide a durable, low maintenance pathway. Intermittent concrete posts that support steel cables are used for their minimal visual impact and low cost. e.Concrete Repairs All concrete repairs shall be done in accordance with recommended practices of the International Association of Concrete Repair Specialists. Properly installed repairs will assure that the life of the structure can be extended with a minimum of additional concrete maintenance. All repairs visible from the ground shall be finished to match the color and texture of the existing concrete. In areas such as the upper trough, where continuous moisture and debris build up can be anticipated, any reinforcing steel exposed for repairs shall be coated with an anti corrosion material. Replacement segments of reinforcing shall be galvanized, stainless steel coated or FRP. It is recommended that additional drains be installed along the length of the upper trough to remove any accumulated water. Also, the entire trough surface area should be coated with a waterproofing membrane as this area will be in accessible and difficult to maintain once the new roadway decking is installed. Estimate of Probable Construction Costs: $300,000.00 to $500,000.00 3 and 4. Proposed Retaining Wall Path – Hanama’ulu Beach Park and on the North Shore of Hanama’ulu Bay Retaining walls will be required on steep slopes in order to provide a location for the bike/pedestrian path (Refer to Drawing S-5). Typically, the slope of the path shall not exceed a 5 percent grade for accessibility requirements. The path grade can exceed 5 percent, but not greater than 8.33 percent for a length, not to exceed 30 feet before a landing of at least 5 feet long is required that does not exceed a 2 percent grade. Whenever the path grade exceeds 5 percent, hand railing is required. Estimate of Probable Construction Costs: $2,700.00 per lineal foot 5. Existing Cane Haul Box Culvert Bridge - Radisson Bypass Alternative An existing cane haul box culvert structure located upstream and mauka of the Radisson may be used as an alternate route. The concrete appears to be in good condition. Substantial cost savings may be realized with this alternative as only retrofit safety railings and an overlay surfacing material will be required. Estimate of Probable Construction Costs: $65,000.00 (railing and concrete path surface) 6. Proposed Temporary Segmental Boardwalk Plank System The temporary integrated boardwalk plank system is designed to sit directly on top of the existing sand with minimal disturbance to the sand sub-grade and vegetation. The 12 - foot by 12 - foot planks (Refer to Drawing S-6) are prefabricated off-site. They are connected with stainless steel bolts and can easily be removed. Stainless steel anchor/augers that are attached to the planks will be screwed into the sand in order to keep the planks from washing away or becoming projectiles during flood and high wind conditions. Estimate of Probable Construction Costs: $90.00 per square foot 7. Proposed Radisson Hotel Bike/Pedestrian Bridge In order to span the ditch at this location, a 90 - foot span bridge is required. Three single span alternatives are proposed. All alternatives are designed to expedite construction and keep the work out of the water to avoid permitting issues. a.Pre-stressed Concrete Plank: A pre-stressed concrete planks with a cast in place concrete topping (Refer to Drawing S-5). The pre-cast plank has a thin cross section and will have a lesser impact on the stream flow than a concrete girder bridge would have. b.Pre-stressed Concrete Girder: Pre-stressed girders with a concrete deck are considered as an alternate (Refer to Drawing S-6). The advantage of this system is a lighter structure requiring a more economical foundation. The depth of the girders is a disadvantage. Raising the bridge will affect the on-grade portion of the trail on either end of the bridge, as retaining walls may be required. If the girder structure is lowered, stream flow may be adversely affected. c. Pre-fabricated Carbon Steel Bridge: Pre-fabricated steel bridges have become common, low cost alternatives on the mainland. For marine environments such as the Kauai bike/pedestrian path, the bridge will need to be hot-dipped galvanized and then painted with a marine grade coating of which there are many color options. The pre-fabricated bridge sits on two abutments and can easily span without a center support pier for distances up to 140 lineal feet. They are typically 10 foot in width and have a concrete deck that is installed after the bridge has been set on its two abutments. The bridge has a 10,000 LBS vehicle load and a lifting weight of 37,543 LBS. The manufacturer has a limited warranty of 10 years for the bridge. The actual life of the bridge will greatly depend on the maintenance routine that is implemented on the bridge. Steel bridges such as the Golden Gate Bridge are examples of painted steel bridges that can last indefinitely with proper maintenance. Estimate of Probable Construction Costs: Pre-stressed Concrete Plank Option: $500,000.00 Pre-stressed Concrete Girder Option: $450,000.00 Pre-fabricated Steel Bridge Option: $250,000.00 8. 4th Fairway – Proposed Bike/Pedestrian Bridge A bridge with a span of approximately 80 lineal feet will be required in order to cross over the ditch at this location. The same three bridge design options that were considered for the Proposed Radisson Hotel Bridge in Section Seven are proposed for this bridge and there is no significant difference in cost. Estimate of Probable Construction Costs: Pre-stressed Concrete Plank Option: $500,000.00 Pre-stressed Concrete Girder Option: $450,000.00 Pre-fabricated Steel Bridge Option: $200,000.00 9. 2nd Fairway – Proposed Helical Pile Boardwalk Path with Dune Restoration A helical pile supported boardwalk system is used along the coastline where there is tidal erosion and limited space (Refer to Drawings S-9 and S-10). Environmental and permitting constraints in the shoreline area prohibit permanent structures. The helical pile is removable; yet stable enough to support the boardwalk even if there is substantial sand erosion. The entire boardwalk system may be dismantled and the helical piles removed thus qualifying the structure as “temporary Estimate of Probable Construction Costs: $850.00 per lineal foot, including safety railing and excluding dune restoration 10. 1st. Fairway – Proposed Helical Pile Boardwalk Path with Dune Restoration The same Helical Pile Boardwalk Design used for the 2nd fairway will be utilized for the 1st fairway; however, the dune restoration design is slightly different (refer to drawing S-11). Estimate of Probable Construction Costs: $850.00 per lineal foot, including safety railing and excluding dune restoration 11. 17th Green – Proposed Helical Pile Boardwalk Path The same Helical Pile Boardwalk Design used for the 1st and 2nd fairways will be utilized for the 1st fairway; however, no dune restoration is needed (Refer to Drawing S-9). Estimate of Probable Construction Costs: $850.00 per lineal foot, including safety railing and excluding dune restoration 12. Proposed Lydgate Park Bike/Pedestrian Bridge A bridge over the unpaved sand road is required mauka of the play structure. A 140 - foot span bridge will allow continued vehicular access to the beach via the sand road. Two alternatives were considered: a. Suspension Bridge. In keeping with the aesthetic theme of the Kamalani Play Bridge structure, a suspension bridge is recommended (Refer to Drawing S- 12). Reinforced concrete piers and a stainless steel cable will support the bridge span. The decking will be framed of either Trex or wood timber planks. b. Concrete Girder Bridge. As an alternate to the suspension structure, a 3 span concrete girder bridge is proposed (Refer to Drawing S-13). Although more costly, a concrete structure will be more durable and require much less maintenance than the suspension bridge option. Estimate of Probable Construction Costs: Suspension Bridge Option: $500,000.00 Concrete Girder Bridge Option: $700,000.00 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path This Page Left Intentionally Blank  FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix E:  Alternative Alignment Maps 1‐6  .; /\llUKINI -l.YIJ(i/\'/'/~· PARK ~~ HIKE & PF:J..>l':STRIA N /'~\'///_ ----- " /'Al"/1.-\/.IEUNA/f\/ \11<.NMl·NI\ \f/'(}700(5/) ,.,,,. 1 11/ H 1 '\f/h K , I ' l\ll UKI N J -l JYIJ(Jl\'Ff.!;' PARK ~ 11/K/, & PEOl~.\'TRIAN />/\"//! lo I' ·1 ·;II Al ll;"R N A fl\ I ·H I( ;NMl>N I S \..01,~1 ,~(}=71=1o~t~Si~/-"' (,,,, ' I I I ' /\//lJ KIN I -/,YJJ C,'/\11·,' PARK ~~ II/K E & P E Dl· .. \"/H/.\N l 'l\111 • l'AFlf ,\IJL,"l?NAll\ I· \l/liNA l/NIS .\l/'.IJ 7 fl0(5/J ............ ----- /'A /JI \f rl·:RNA 11\ I· ,\f.J< i VMJ N l.\ .\fl' 0700 (5 I J Ol'.'ll'flfK.\l 'H/,, l:l-·.· lf•iY'11 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path This Page Left Intentionally Blank  FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix F:  Location Map  FINAL ENVIRONMENTAL ASSESSMENT CHAPTER 3 Ahukini to Lydgate Park Bicycle/Pedestrian Path Maps of the Affected Environment Page 1 of 30 F-1 MAPS OF THE AFFECTED ENVIRONMENT Location Map FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix G:  Estimate of Probable Construction Costs  FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX G Estimate of Probable Construction Costs Page 1 of 5 ESTIMATE OF PROBABLE CONSTRUCTION COSTS The Estimate of Probable Construction Costs should be utilized for planning purposes only. Factors such as utilization of not-for-construction base map information and preliminary data typical of planning projects and Environmental Assessments were used to calculate this estimate. As more accurate topographic and existing conditions mapping and data is made available during design more accurate cost estimates can be determined. The following Estimate of Probable Construction and Land Acquisition Costs are separated into the following Construction Reaches (Refer to Implementation Reach Map): Construction Reach A – Ahukini Landing to Hanamaulu Beach Park Construction Reach B – Hanamaulu Beach Park to Hilton Lane Construction Reach C – Hilton Lane to Wailua Golf Course Construction Reach B – Wailua Golf Course to Lydgate Park SUMMARY OF ESTIMATED COST IMPLEMENTATION REACH APPROXIMATE PATH LENGTH TOTAL ESTIMATED PROBABLE CONSTRUSTRUCTION COSTS Ahukini Landing to Hanamaulu Beach Park 6,000 ft. $6,814,800 Hanamaulu Beach Park to Hilton Lane 7,200 ft. $1,795,800 Hilton Lane to Wailua Golf Course 6,700 ft. $1,975,200 Wailua Golf Course to Lydgate Park 17,300 ft. $9,507,120 GRAND TOTAL $20,092,920 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX G Estimate of Probable Construction Costs Page 2 of 5 IMPLEMENTATION REACH – A. Ahukini Landing to Hanamaulu Beach Park DESCRIPTION AMOUNT UNIT UNIT PRICE TOTAL Concrete Path (12 ft. width x 6 in. thick) 6,000 L.F $140.00 $840,000 Rest Pavilion / Overlook 1 EA 15,000 15,000 Security Fence (8 ft. tall, standard chain link) 2,600 L.F. 60.00 156,000 Interpretive Signs 4 EA 7,500 30,000 Mile / Kilometer & Boundary Markers L.S 3,000 Hanamaulu Bridge Approach Ramp (concrete deck on piles) L.S. 1,800,000 Comfort Station at Ahukini Landing L.S. 350,000 Comfort Station at Hanamaulu Beach Park L.S. 300,000 Path Ramp with Retaining Walls and Railing 800 L.F. 2,700 2,160,000 Archaeological Monitoring L.S. 25,000 SUBTOTAL $ 5,679,000 Construction Contingency 20% $1,135,800 TOTAL $6,814,800 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX G Estimate of Probable Construction Costs Page 3 of 5 IMPLEMENTATION REACH - B. Hanamaulu Beach Park to Hilton Lane DESCRIPTION AMOUNT UNIT UNIT PRICE TOTAL Concrete Path (12 ft. width x 6 in. thick) 7,200 L.F $140.00 $1,008,000 Rest Pavilion / Overlook 2 EA 15,000 30,000 Concrete Box Culvert Ditch Crossing at Hilton Lane (16 ft. X 30 ft.) L.F. 400,000 Interpretive Signs 4 EA 7,500 30,000 Mile / Kilometer and Boundary Markers L.S. 3,500 Archaeological Monitoring L.S. 25,000 SUBTOTAL $1,496,500 Construction Contingency 20% $299,300 TOTAL $1,795,800 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX G Estimate of Probable Construction Costs Page 4 of 5 IMPLEMENTATION REACH - C. Hilton Lane to Wailua Golf Course DESCRIPTION AMOUNT UNIT UNIT PRICE TOTAL Concrete Path (12 ft. width x 6 in. thick) 6,700 L.F $140.00 $938,000 Concrete Box Culvert Bridge Retrofit L.S. 10,000 Signalized Crosswalk at Hotel Entrance Drive L.S. 175,000 Interpretive Signs 2 EA 7,500 15,000 Parking Lot / Trailhead (unpaved) L.S. 100,000 Comfort Station L.S. 350,000 Rest Pavilion 2 EA 15,000 30,000 Mile / Kilometer and Boundary Markers L.S. 3,000 Archaeological Monitoring L.S. 25,000 SUBTOTAL $1,646,000 Construction Contingency 20% $329,200 TOTAL $1,975,200 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path APPENDIX G Estimate of Probable Construction Costs Page 5 of 5 IMPLEMENTATION REACH – D. Wailua Golf Course to Lydgate Park (Includes golf course parking lot improvements for path user safety) DESCRIPTION AMOUNT UNIT UNIT PRICE TOTAL Concrete Path (12 ft. width x 6 in. thick) 17,300 L.F $140.00 $2,422,000 Relocate Golf Course Entrance, New Accel and Decel Lanes, Stripping 6,000 S.F. 150.00 900,000 Relocate Utility Poles 5 EA 20,000 100,000 Guardrail (irrigation pump house to Leho Drive) 2,700 L.F. 75.00 202,500 Golf Course Parking Lot Improvements, Stairs, Stripping 75,000 S.F. 35.00 2,625,000 Golf Course Landscaping, Irrigation (along path) 48,500 S.F. 16.00 776,000 Safety Fence (10 ft. tall, black chain link, 1 in. fabric) 4,500 L.F. 80.00 360,000 Safety Fence Between Canal and Path (4 ft. tall, black chain link, standard fabric) 2,360 L.F. 60.00 141,600 Solid Plastic Composite Fence (8 ft. tall, white) 2,600 L.F. 120.00 312,000 Golf Course Entry Sign L.S. 30,000 Mile / Kilometer & Boundary Markers L.S 3,500 Archaeological Monitoring L.S. 50,000 SUBTOTAL 7,922,600 Construction Contingency 20% . 1,584,520 TOTAL $9,507,120 FINAL ENVIRONMENTAL ASSESSMENT Ahukini to Lydgate Park Bicycle/Pedestrian Path Appendix H:  Maintenance Plan  PATH MAINTENANCE PLAN Path Maintenance Program Goals design methods and materials—durable and low maintenance maintenance pro-active, not reactive path corridor kept clean and safe on a daily basis maintenance activities should: o avoid damage to the path & amenities o not interfere with safe and enjoyable path use o be cost effective, efficient, and appropriate Parks & Recreation Department Maintenance Tasks daily cleaning of amenities activities requiring safety training or certification (some machinery) maintenance requiring specialized tools or equipment mowing operations removal of heavy debris such as trees, boulders, etc moving or installing amenities that require machinery w/ assistance from DPW. Parks & Recreation Department Maintenance Personnel Park Caretakers – Assigned to sections of path for daily maintenance Park Rangers – Assigned island wide and monitor path for safety and compliance to rules Path Rangers – Potential future program Volunteers – Community volunteers Park Caretakers daily cleaning of restrooms\trash collection & removal painting and graffiti removal installation of small items not requiring machinery such as path signs (installation/replacement by DPW) planting, watering, and weed removal, edging vegetation from the path public relations by assisting the public note problems not related to park maintenance function & refer to appropriate department/division Park Rangers periodic checks along the path to enforce path and park rules o monitor path usage o dog walkers compliance (checking for correct leash length/no retractable leashes, poop bags, current dog license, cleaning up after their dogs and keeping dogs within the designated portions along the path) o no motorized vehicles o unauthorized use Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application Appendix Appendix C: Site Plan with Certified Shoreline and Shoreline Setback Shoreline Setback Proposed Alignment Final EA Alignment Proposed Alignment Proposed Comfort Station Certied Shoreline AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSLegend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Shoreline Setback Certied Shoreline Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Shoreline Setback Certied Shoreline Final EA Alignment Proposed Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSFinal EA Alignment Proposed Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSShoreline Setback Proposed Alignment Certied Shoreline Proposed Comfort Station Proposed Alignment Final EA Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path 220 221 222 223 224 225 AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Shoreline Setback Certied Shoreline Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSShoreline Setback Proposed Alignment Certied Shoreline Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSShoreline Setback Proposed Alignment Certied Shoreline Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSShoreline Setback Proposed Alignment Certied Shoreline Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSShoreline Setback Proposed Alignment Certied Shoreline ZONE VE Proposed Alignment Final EA Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Final EA Alignment Proposed Alignment Shoreline Setback Certied Shoreline Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSFinal EA Alignment Proposed Alignment Proposed Alignment Shoreline Setback Certied Shoreline Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path 203 204 205 206 207 208 209 210 211 AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSFinal EA Alignment Proposed Alignment Proposed Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Proposed Alignment Final EA AlignmentLegend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Proposed Alignment Final EA Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path AHUKINI -LYDGATE PARKBICYCLE/PEDESTRIAN PATHKAUAI, HAWAIITMK: VARIOUSProposed Alignment Proposed Comfort Station Shoreline Setback Legend Certied Shoreline Final EA Alignment Proposed Alignment Shoreline Setback Proposed Fence Tax Map Key Boundary Elevated Path Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application Appendix Appendix D: Site Plan with Sea Level Rise Exposure Area - 3.2 ft Scenario (4) 3-5-001:008 Owner: State of Hawaii (4) 3-5-001:159 Owner: State of Hawaii (4) 3-7-002:001 Owner: Visionary LLC (4) 3-7-003:008 Onwer: County of Kauai (4) 3-7-003:005 Owner: William Puali Proposed ramp/walkway Proposed comfort stationHanamaulu Railroad Bridge Site 1845 (4) 3-7-003:001 Owner: EWM Kauai LLC (4) 3-7-002:011 (4) 3-7-002:010 (4) 3-7-002:002 (4) 3-7-002:007 (4) 3-7-002:009 Owner: State of Hawaii Owner: State of Hawaii Proposed Comfort Station Hanamaulu Bay Ahukini Landing Legend Sea Level Rise Exposure Area - 3.2 feet Scenario Tax Map Key Boundary Certied Shoreline Preferred Alignment/Proposed Alignment (shown in FEA) Elevated Path Proposed Fence 2500 500 1,000Kapule HwyAhukini RdHe h i R d Legend Sea Level Rise Exposure Area - 3.2 feet Scenario Certied Shoreline Preferred Alignment/Proposed Alignment (shown in FEA) Elevated Path Old Path Alignment Proposed Fence (4) 3-7-003:001 Owner: EWM Kauai LLC Legend Sea Level Rise Exposure Area - 3.2 feet Scenario Tax Map Key Boundary Certied Shoreline Preferred Alignment/Proposed Alignment (shown in FEA) Elevated Path Proposed Fence (4) 3-7-003:007 Owner: Kauai Beach Villas - Phase II LLC (4) 3-7-003:017 Owner: Kauai Beach Resort Association, Knickerbocker Life Ins Co (4) 3-7-003:015 Owner: Kauai Beach Resort (4) 3-7-003:014 Owner: Kauai Beach Villas (4) 3-7-003:013 Owner: Kauai Beach Resort Assoc (4) 3-9-005:001 Owner: State of Hawaii (4) 3-7-003:028 Owner: EWM Kauai LLC (4) 3-9-005:005 Owner: EWM Kauai LLC (4) 3-9-005:004 Owner: State of Hawaii Proposed Comfort Station(4) 3-9-005:007 Owner: State of Hawaii (4) 3-7-003:001 Owner: EWM Kauai LLC 2500 500 1,000Kau a i B e a ch R d Kauai Beac h Dr Marine Camp Concrete Box Culvert Site 1846 Legend Sea Level Rise Exposure Area - 3.2 feet Scenario Tax Map Key Boundary Certied Shoreline Preferred Alignment/Proposed Alignment (shown in FEA) Elevated Path Proposed Fence (4) 3-9-005:001 Owner: State of Hawaii (4) 3-9-005:008 Owner: State of Hawaii (4) 3-9-005:011 Owner: State of Hawaii (4) 3-9-005:009 Owner: State of Hawaii (4) 3-9-005:002 Owner: Lihue Plantation Co Ltd (4) 3-9-005:007 Owner: State of Hawaii (4) 3-9-005:005 Owner: EWM Kauai LLC (4) 3-9-002:004 Owner: State of Hawaii (4) 3-9-005:012 Owner: State of Hawaii 2500 500 1,000 Wailua Golf CourseKuhio HwyLegend Sea Level Rise Exposure Area - 3.2 feet Scenario Tax Map Key Boundary Certied Shoreline Preferred Alignment/Proposed Alignment (shown in FEA) Elevated Path Proposed Fence (4) 3-9-002:004 Owner: State of Hawaii (4) 3-9-002:006 Owner: State of Hawaii, County of Kauai (4) 3-9-002:005 Owner: State of Hawaii 2500 500 1,000 Wailua Golf Course Kauai Community Correctional Center Kuhio HwyWailua Golf Course Reinternment Site Site 103 Legend Sea Level Rise Exposure Area - 3.2 feet Scenario Tax Map Key Boundary Certied Shoreline Preferred Alignment/Proposed Alignment (shown in FEA) Elevated Path Proposed Fence (4) 3-9-002:004 Owner: State of Hawaii (4) 3-9-002:034 Owner: State of Hawaii (4) 3-9-006:004 Owner: Kaha Lani (4) 3-9-006:001 Owner: County of Kauai (4) 3-9-002:032 Owner: County of Kauai Existing Lydgate Shared-Use Path (4) 3-9-006:023 Owner: State of Hawaii (4) 3-9-006:011 Owner: Hawaiian Home Lands (4) 3-9-006:009 Owner: Hawaiian Home Lands (4) 3-9-002:010 Owner: CCS Venture LLC (4) 3-9-002:025 Owner: State of Hawaii (4) 3-9-002:012 Owner: State of Hawaii (4) 3-9-006:026 Owner: State of Hawaii (4) 3-9-002:024 Owner: State of Hawaii Legend Sea Level Rise Exposure Area - 3.2 feet Scenario Tax Map Key Boundary Certied Shoreline Preferred Alignment/Proposed Alignment (shown in FEA) Elevated Path Existing Shared-Use Path Proposed Fence 2500 500 1,000 Wailua Golf Course Kaha Lani Resort Kuhio HwyLeho DrNe h e R d Ahukini to Lydgate Bicycle and Pedestrian Path SMA Use Permit Application Appendix Appendix E: Letters of Authorization 501 Sumner Street | Suite 620 | Honolulu, Hawaii 96817 | Tel 808.531.1308 | Fax 855.329.7736 | www.ssfm.com Planning | Project & Construction Management | Structural, Civil & Traffic Engineering April 11, 2020 SSFM 2011_079.001 TO: County of Kaua‘i Department of Public Works 4444 Rice Street, Suite 275 Līhu‘e, HI 96766 C/O Douglas Haigh, Building Division Chief Via Email: dhaigh@kauai.gov SUBJECT: Ahukini-Lydgate Bicycle and Pedestrian Path Federal Aid Project No. STP-0700(51) Planning, Permitting, and Preliminary Design Dear Mr. Haigh, SSFM International, Inc. has been contracted by the County of Kaua‘i to perform planning, permitting, and preliminary design for the proposed Ahukini to Lydgate Park Bicycle and Pedestrian Path project. The proposed project is envisioned to consist of an approximately 6.7 mile long, 10-12 foot wide path for use by pedestrians and bicyclists as part of the larger Nāwiliwili to Anahola coastal route identified in the State of Hawai‘i, Department of Transportation’s Bike Plan Hawai‘i (2003). Included in this letter is a map of the proposed path in relation to your property. As part of this effort, two (2) potential permits will need to be obtained for the project; a Special Management Area (SMA) Use permit and a Shoreline Setback Variance (SSV). Both permits are subject to review and approval by the Planning Commission of the County of Kaua‘i. The SMA Use permit is required for any proposed development, structure, or activity that is within the SMA. An SSV is required for developments that are either (a) abutting the shoreline where structures are proposed within 500 feet of the shoreline, or (b) not abutting the shoreline where structures are proposed within approximately 550 feet of the shoreline. The purpose of this letter is to request your authorization for SSFM to apply for the SMA and SSV permits for your property. This request does not constitute approval for land acquisition. Enclosed for your review is the Letter of Authorization form and map. If acceptable, please sign the form and send a copy via email to jchang@ssfm.com. If you have any questions on this matter or the project, please feel free to contact me at (808) 388-2948 or by email at jchang@ssfm.com. Your cooperation in this matter is greatly appreciated. SSFM INTERNATIONAL, INC. Jared K. Chang, AICP Manager, Strategic Services Group April 13, 2020 501 Sumner Street | Suite 620 | Honolulu, Hawaii 96817 | Tel 808.531.1308 | Fax 855.329.7736 | www.ssfm.com Planning | Project & Construction Management | Structural, Civil & Traffic Engineering April 10, 2020 SSFM 2011_079.001 TO: Visionary LLC C/O Grove Farm Properties Ms. Linda Inouye Via Email: linouye@grovefarm.com SUBJECT: Ahukini-Lydgate Bicycle and Pedestrian Path Federal Aid Project No. STP-0700(51) Planning, Permitting, and Preliminary Design Dear Ms. Inouye, SSFM International, Inc. has been contracted by the County of Kaua‘i to perform planning, permitting, and preliminary design for the proposed Ahukini to Lydgate Park Bicycle and Pedestrian Path project. The proposed project is envisioned to consist of an approximately 6.7 mile long, 10-12 foot wide path for use by pedestrians and bicyclists as part of the larger Nāwiliwili to Anahola coastal route identified in the State of Hawai‘i, Department of Transportation’s Bike Plan Hawai‘i (2003). Included in this letter is a map of the proposed path in relation to your property. As part of this effort, two (2) potential permits will need to be obtained for the project; a Special Management Area (SMA) Use permit and a Shoreline Setback Variance (SSV). Both permits are subject to review and approval by the Planning Commission of the County of Kaua‘i. The SMA Use permit is required for any proposed development, structure, or activity that is within the SMA. An SSV is required for developments that are either (a) abutting the shoreline where structures are proposed within 500 feet of the shoreline, or (b) not abutting the shoreline where structures are proposed within approximately 550 feet of the shoreline. The purpose of this letter is to request your authorization for SSFM to apply for the SMA and SSV permits for your property. This request does not constitute approval for land acquisition. Enclosed for your review is the Letter of Authorization form and map. If acceptable, please sign the form and send a copy via email to jchang@ssfm.com. If you have any questions on this matter or the project, please feel free to contact me at (808) 388-2948 or by email at jchang@ssfm.com. Your cooperation in this matter is greatly appreciated. SSFM INTERNATIONAL, INC. Jared K. Chang, AICP Manager, Strategic Services Group Cc: County of Kaua‘i, Department of Public Works EXECUTED LETTER OF AUTHORIZATION IN PROGRESS LETTER OF AUTHORIZATION Tax Map Key Parcel Number ___(4) 3-7-002: 001___ I, ___________________________________________, hereby give SSFM International, Inc. (Undersigned Owner) authorization to complete and submit applications for the Special Management Area and Shoreline Setback Variance for the property, identified as the tax map key parcel number listed above. Date: _________________________ ______________________________ (Print) ______________________________ (Signature) 501 Sumner Street | Suite 620 | Honolulu, Hawaii 96817 | Tel 808.531.1308 | Fax 855.329.7736 | www.ssfm.com Planning | Project & Construction Management | Structural, Civil & Traffic Engineering April 10, 2020 SSFM 2011_079.001 TO: Kauai Beach Resort Association 4331 Kauai Beach Dr. Lihue, HI 96766 C/O Robert Minnacola, General Manager Via Email: robert@kauaibeachresortandspa.com SUBJECT: Ahukini-Lydgate Bicycle and Pedestrian Path Federal Aid Project No. STP-0700(51) Planning, Permitting, and Preliminary Design Dear Mr. Minnacola, SSFM International, Inc. has been contracted by the County of Kaua‘i to perform planning, permitting, and preliminary design for the proposed Ahukini to Lydgate Park Bicycle and Pedestrian Path project. The proposed project is envisioned to consist of an approximately 6.7 mile long, 10-12 foot wide path for use by pedestrians and bicyclists as part of the larger Nāwiliwili to Anahola coastal route identified in the State of Hawai‘i, Department of Transportation’s Bike Plan Hawai‘i (2003). Included in this letter is a map of the proposed path in relation to your property. As part of this effort, two (2) potential permits will need to be obtained for the project; a Special Management Area (SMA) Use permit and a Shoreline Setback Variance (SSV). Both permits are subject to review and approval by the Planning Commission of the County of Kaua‘i. The SMA Use permit is required for any proposed development, structure, or activity that is within the SMA. An SSV is required for developments that are either (a) abutting the shoreline where structures are proposed within 500 feet of the shoreline, or (b) not abutting the shoreline where structures are proposed within approximately 550 feet of the shoreline. The purpose of this letter is to request your authorization for SSFM to apply for the SMA and SSV permits for your property. This request does not constitute approval for land acquisition. Enclosed for your review is the Letter of Authorization form and map. If acceptable, please sign the form and send a copy via email to jchang@ssfm.com. If you have any questions on this matter or the project, please feel free to contact me at (808) 388-2948 or by email at jchang@ssfm.com. Your cooperation in this matter is greatly appreciated. SSFM INTERNATIONAL, INC. Jared K. Chang, AICP Manager, Strategic Services Group Cc: County of Kaua‘i, Department of Public Works EXECUTED LETTER OF AUTHORIZATION IN PROGRESS LETTER OF AUTHORIZATION Tax Map Key Parcel Number ___(4) 3-7-003: 017___ I, ___________________________________________, hereby give SSFM International, Inc. (Undersigned Owner) authorization to complete and submit applications for the Special Management Area and Shoreline Setback Variance for the property, identified as the tax map key parcel number listed above. Date: _________________________ ______________________________ (Print) ______________________________ (Signature) 501 Sumner Street | Suite 620 | Honolulu, Hawaii 96817 | Tel 808.531.1308 | Fax 855.329.7736 | www.ssfm.com Planning | Project & Construction Management | Structural, Civil & Traffic Engineering April 10, 2020 SSFM 2011_079.001 TO: Hawaii Department of Transportation Airports Division 3901 Mokulele Loop, #6 Lihue, HI 96766State of Hawai‘i C/O Craig Davis, CM, Kaua‘i Airports Manager Via Email: craig.h.davis@hawaii.gov SUBJECT: Ahukini-Lydgate Bicycle and Pedestrian Path Federal Aid Project No. STP-0700(51) Planning, Permitting, and Preliminary Design Dear Mr. Davis, SSFM International, Inc. has been contracted by the County of Kaua‘i to perform planning, permitting, and preliminary design for the proposed Ahukini to Lydgate Park Bicycle and Pedestrian Path project. The proposed project is envisioned to consist of an approximately 6.7 mile long, 10-12 foot wide path for use by pedestrians and bicyclists as part of the larger Nāwiliwili to Anahola coastal route identified in the State of Hawai‘i, Department of Transportation’s Bike Plan Hawai‘i (2003). Included in this letter is a map of the proposed path in relation to your property. As part of this effort, two (2) potential permits will need to be obtained for the project; a Special Management Area (SMA) Use permit and a Shoreline Setback Variance (SSV). Both permits are subject to review and approval by the Planning Commission of the County of Kaua‘i. The SMA Use permit is required for any proposed development, structure, or activity that is within the SMA. An SSV is required for developments that are either (a) abutting the shoreline where structures are proposed within 500 feet of the shoreline, or (b) not abutting the shoreline where structures are proposed within approximately 550 feet of the shoreline. The purpose of this letter is to request your authorization for SSFM to apply for the SMA and SSV permits for your property. This request does not constitute approval for land acquisition. Enclosed for your review is the Letter of Authorization form and map. If acceptable, please sign the form and send a copy via email to jchang@ssfm.com. If you have any questions on this matter or the project, please feel free to contact me at (808) 388-2948 or by email at jchang@ssfm.com. Your cooperation in this matter is greatly appreciated. SSFM INTERNATIONAL, INC. Jared K. Chang, AICP Manager, Strategic Services Group Cc: County of Kaua‘i, Department of Public Works LETTER OF AUTHORIZATION Tax Map Key Parcel Numbers ___(4) 3-7-002: 999, (4) 3-5-001: 008, and (4) 3-5-001: 159___ I, ___________________________________________, hereby give SSFM International, Inc. (Undersigned Owner) authorization to complete and submit applications for the Special Management Area and Shoreline Setback Variance for the property, identified as the tax map key parcel number listed above. Date: _________________________ ______________________________ (Print) ______________________________ (Signature) Craig Davis 4/13/2020 Craig Davis 501 Sumner Street | Suite 620 | Honolulu, Hawaii 96817 | Tel 808.531.1308 | Fax 855.329.7736 | www.ssfm.com Planning | Project & Construction Management | Structural, Civil & Traffic Engineering April 10, 2020 SSFM 2011_079.001 TO: EWM Kaua‘i LLC 175 E Reno Ave # C-6 Las Vegas, NV 89119 C/O Mr. Charles Anderson Via Email: charlie@bigisle.com SUBJECT: Ahukini-Lydgate Bicycle and Pedestrian Path Federal Aid Project No. STP-0700(51) Planning, Permitting, and Preliminary Design Dear Mr. Anderson, SSFM International, Inc. has been contracted by the County of Kaua‘i to perform planning, permitting, and preliminary design for the proposed Ahukini to Lydgate Park Bicycle and Pedestrian Path project. The proposed project is envisioned to consist of an approximately 6.7 mile long, 10-12 foot wide path for use by pedestrians and bicyclists as part of the larger Nāwiliwili to Anahola coastal route identified in the State of Hawai‘i, Department of Transportation’s Bike Plan Hawai‘i (2003). Included in this letter is a map of the proposed path in relation to your property. As part of this effort, two (2) potential permits will need to be obtained for the project; a Special Management Area (SMA) Use permit and a Shoreline Setback Variance (SSV). Both permits are subject to review and approval by the Planning Commission of the County of Kaua‘i. The SMA Use permit is required for any proposed development, structure, or activity that is within the SMA. An SSV is required for developments that are either (a) abutting the shoreline where structures are proposed within 500 feet of the shoreline, or (b) not abutting the shoreline where structures are proposed within approximately 550 feet of the shoreline. The purpose of this letter is to request your authorization for SSFM to apply for the SMA and SSV permits for your property. This request does not constitute approval for land acquisition. Enclosed for your review is the Letter of Authorization form and map. If acceptable, please sign the form and send a copy via email to jchang@ssfm.com. If you have any questions on this matter or the project, please feel free to contact me at (808) 388-2948 or by email at jchang@ssfm.com. Your cooperation in this matter is greatly appreciated. SSFM INTERNATIONAL, INC. Jared K. Chang, AICP Manager, Strategic Services Group Cc: County of Kaua‘i, Department of Public Works EXECUTED LETTER OF AUTHORIZATION IN PROGRESS LETTER OF AUTHORIZATION Tax Map Key Parcel Number ___(4) 3-7-003: 001___ I, ___________________________________________, hereby give SSFM International, Inc. (Undersigned Owner) authorization to complete and submit applications for the Special Management Area and Shoreline Setback Variance for the property, identified as the tax map key parcel number listed above. Date: _________________________ ______________________________ (Print) ______________________________ (Signature) INDEX Use, Special Management Area (SMA) and Class IV Permit Applications Proposed Farm Dwelling and Associated Improvements Lot 15, Makana Ano Place, Kilauea TMK (4) 5-2-004:088 EXHIBITS: 1 Description of Proposed Project 2 Project Valuation Estimate 3 Ka Pa’Akai Analysis (Cultural and Historical Analysis - Sept 2019) 4 Archaeological Field Report (May 2020) 5 Approval Letter: Kilauea Neighborhood Association (July 2019) 6 Evaluation of Goals and Policies of Sections 1.3 and 1.4 of the County of Kauai General Plan 7 Project Evaluation - North Shore Development Plan Goals 8 Project Evaluation - Use Permit Criteria Section 8.3.2(e) of Kauai County Code 9 SMA Boundary Line Map 10 Proof of Ownership (Warranty Deed) A Special Management Area (SMA) Permit Assessment B Class IV Zoning Requirements Checklist C Project Renderings, Photos and Shoreline Setback Distances D Architectural Drawings Exhibit 1 Description of Proposed Farm Dwelling Unit and Associated Improvements Lot 15, Makana Ano, Place, Kilauea, Kauai Tax Map Key (4) 5-2-004:088 Description The proposed project involves the construction of an approximate ~4000 sf single-family, single- story farm dwelling unit, with ~750 sf detached garage, ~500 sf guest unit, lap pool and solar array on Lot 15 at the easterly end of Makana Ano Place, a portion of the 48-lot Seacliff Plantation at Kilauea Bay agricultural subdivision. The property is located on the lower slopes of Nihoku (Crater Hill). Immediately adjacent lots have not been developed. The estimated time of construction is approximately 12-18 months. There are two garaged-parking spaces with additional on-site parking spaces for visitors. No on-street parking is required. Lot coverage is approximately 7.2% of the 5.11 acre property. History The property was carved out of the original Charles Titcomb estate that was purchased from Kamehameha IV about 1863. John Ross and E.P. Adams purchased the land in 1877 and it became part of the Kilauea Sugar Plantation that was in operation until 1971. In 1982, the County approved a plan for an Agricultural Subdivision called Seacliff Plantation at Kilauea Bay. Intended Use The project is intended as a single-family farm dwelling for use as a full-time residence. Permits Required Use Permit, Special Management Area (SMA) permit, Class IV Zoning Permit, building, grading and septic permits. The property is zoned within the Open/ST-R district, is not a CPR and is the first proposed structure on the property. There are no known open permits for the property. The property is not within a Special Conservation District. The project falls below the 7,500 sf “development” threshold for single-family residences for Coastal Zone Management. Style and Colors Basic design is a single-story home with detached garage and guest unit. Roof construction will be double-pitch cedar shake roof in a ‘contemporary Hawaiian” style similar to other homes in the community. Exterior surfaces will be a combination of wood siding, natural stone and stucco in neutral-to-earthen tones. (See Exhibits C and D) Neighborhood Consultation and Approvals The Kilauea Neighborhood Association board conducted a site visit in late June 2019 (after story poles were erected on-site) and gave their unanimous support for the project at their July 2, 2019 meeting (Exhibit 5). Environmentally Sensitive Areas The project is not within an environmentally sensitive area such as a flood plain, tsunami zone, beach, erosion˜prone area, geologically hazardous land, estuary, fresh water or coastal water. Existing Conditions The property is cleared, undeveloped land, predominantly covered with non-native grasses (mainly Guinea grass). Adjacent properties are currently undeveloped, while nearby developed properties are single-family dwellings located on relatively large lots (approximately 3 acres to 10 acres in size). The proposed dwelling is completely appropriate for the location and setting and fits within the North Shore Development Plan (See Exhibit 7) and the Kauai County General Plan (Exhibit 8). The deed-proscribed building envelope ensures the home is sited low on the property, with at least 100-foot buffer to property lines. Development will remove existing non-native species and reintroduce native species to the property, aiding in the rehabilitation of the natural environment and native endemic species. The alternative to development is to keep the undeveloped lot as-is, depriving the County of additional taxes, depriving the local workforce of job opportunities, and keeping the land in a degraded state, overrun with non-native species, while further exacerbating the housing shortage. Unavoidable impacts are increased hard surfaces which will be mitigated by careful drainage improvements. The existing oversized concrete v-ditch drainage system is in excellent condition and performed flawlessly under extreme weather events such as the North Shore’s March 2018 flooding event. Geotechnical, Grading and Drainage plan A Geotechnical report (with soils testing) and Grading Plan has been prepared by Randal Haraguchi PE and has an initial review by the County. Cultural, Historical and Archaeological Reports No known historical use, nor information of cultural significance was found based on the Ka Pa’akai Analysis of September 2019 prepared by Nancy McMahon of Exploration Associates (Exhibit 3) nor in her Archeological Field Report prepared May 2020 (Exhibit 4). Shoreline Based on Google Maps, the nearest shoreline is approximately 1125’ northerly to the project site. However, the property is not visible from that shoreline due to the intervening flanks of Nihoku (Crater Hill) rising above the property. The nearest shoreline view corridor is approximately one-half mile eastwards thru to Kilauea Bay (Exhibit C) There are no known recreational or shoreline issues with the property. Scenic The proposed dwelling will be nestled on the lower slopes of Nihoku (Crater Hill) at the most- northerly edge of the subdivision. As such, there are no known (nor expected) view-plane or scenic issues, as the view behind the home is shielded by the rising flanks of Nihoku. The proposed dwelling is not visible from Kilauea town center, nor from the entry to Seacliff Plantation, nor from the nearest shoreline. (See Exhibit C) Economic The project will create additional tax revenues during construction and provide a long-term increase in property taxes. The property should support or increase local property values and be an asset to the community. The owners expect to be full-time residents and become active community participants. Potable Water, Septic, Solid Waste and Recycling A water meter is already on-site with water supplied by the Department of Water. A septic system design has been approved by the State of Hawaii Department of Health (permits No. 62721/62722). Solid waste disposal, green waste, and recycling programs are available at the nearby Hanalei Transfer Station. Owners plan to compost as much green waste as possible. Owner Contact Information: Ellen and Paul Barker 522 Oakshire Pl, Alamo, CA 94507 (925) 820-4424 PRB123@SBCGLOBAL.NET 2 Native Hawaiian Traditions, Customary Practices and Perspectives of Kilauea Ahupua`a Moku o Ko’olau, Kaua`i Island for TMK (4) 5-2-004: 088 Prepared for Paul Barker Prepared by Exploration Associates Ltd. September 2019 Ka Pa‘akai Analysis 1 Table of Contents Introduction ......................................................................................................................................... 2 Methodology ...................................................................................................................................... 2 Scope of Work ................................................................................................................................. 3 Environmental Setting ........................................................................................................................ 3 Cultural Overview ............................................................................................................................... 9 Wahi Pana ...................................................................................................................................... 11 Mo`olelo: Storied Origins & Traditional Places ............................................................................ 13 Ancient Chants that Extol the Land & Environment as Relations ........................................... 15 Hawaiian Religious & Cultural Practices, Gathering Rights in the Kilauea Ahupua`a ............ 17 Ahupua`a Place Names, Descriptions, etc. ............................................................................. 19 A Connection and Understanding of Place ................................................................................. 19 Traditional Wisdom & Knowledge .................................................................................................. 19 Kilauea Place Names .................................................................................................................. 19 Land Commission Award Claims Kilauea Ahupua`a and Associated Knowledge ............... 20 The History of Kilauea Plantation ................................................................................................ 24 Consultation Methodology & Results ............................................................................................. 27 Selection of Interview Subjects ...................................................................................................... 28 Ethnographic-Oral History Methodology ...................................................................................... 29 Historical & Archival Research ....................................................................................................... 29 Cultural Resources & Practices Identified ..................................................................................... 29 Analysis of Impacts .......................................................................................................................... 30 Closing ............................................................................................................................................... 30 References ........................................................................................................................................ 33 Ka Pa‘akai Analysis 2 Introduction At the request of Paul Barker, Exploration Associates (EAL) conducted a Ka Pa’akai analysis of a 5.11-acre parcel (TMK (4) 5‐2‐004: 088 (Lot 15) which is in the Kilauea Ahupua`a, Ko`olau District on Kaua`i Island (Figures 1 - 4). Hereinafter referred to as “project area and/or the subject property”. The subject property is located the Seacliffs Plantation development on makai side of Road in Kilauea, Island of Kaua`i, Hawai`i. Paul Barker is planning to develop a new single-family residence on Lot 15. The County Planning Department now requires all land use permits address the proposed project's effects on traditional Hawaiian practices, customs and beliefs. This Ka Pa`akai analysis provides information pertinent to the evaluation of the proposed project's cultural impacts. Methodology Methodologies guided by indigenous Hawaiian cultural perspectives and intellect were used to conduct this study. It is always imperative that traditional values of aloha and hō`ihi (sincerity, love and respect) are ever present in the actions of the research and investigative team that engages with the natural environments, resources, people and communities from which/whom information will be gathered for this work. Special focus and attention is given to the examination of the land, water and atmospheric features that are applicable to the study project area and all lands and environments associated with it. At the onset of this project, EAL entered this work with much enthusiasm and confidence of already "knowing" this place. Even with a limited window of time to conform to, EAL knew that only a little had been documented to bring forth the values and depth of traditional Hawaiian knowledge and customary practices of Kilauea's ancient past. Information and personal experiences that EAL possessed provided an advantage to accomplish the task of completing this Ka Pa`akai analysis. Much of the effort in conducting studies such as this is to review and evaluate the land allocated for the project area and any possible adverse influences and consequences relating to indigenous Hawaiian beliefs and practices. Over the years, much has changed as the population has grown and the number of homes developed in Kilauea has quadrupled. Kilauea is still a town community descended from a rich and vibrant Native Hawaiian culture and ancestors who knew this land these islands so intimately. The relationships they held with the natural world as divine and godly, influenced levels of consciousness that dictated every aspect of native Hawaiian life ways and cultural practices. Ka Pa‘akai Analysis 3 Scope of Work (1) The identity and scope of valued cultural, historical, or natural resources that are found within the proposed project area and relevant areas within the ahupua’a of Kilauea, including the extent to which traditional and customary Native Hawaiian rights are exercised. (2) The extent to which those resources – including traditional and customary Native Hawaiian rights – will be affected or impaired by the proposed action. (3) The feasible action, if any, to be taken by the agency to reasonablyprotect Native Hawaiian rights if they are found to exist. (Ka Pa‘akai, 94 Haw. at 19, 7 P.3d at 1084.) Environmental Setting Kaua‘i is the oldest of the Hawaiian Islands. Geologically, the original volcano, located in the middle of the island went through a period of weathering and erosion. There were voluminous rejuvenated stage lavas which represent the later eruptive stages of the volcano. The primary basaltic rocks from the original volcano are the Waimea Canyon series. The innumerable lava flows are divided into three major geologic formations: the Napali formation, the Olokele formation, and the Makaweli formation. The Napali formation of the Waimea Canyon series is the most permeable of the three. Subsequent to the original flows, the Kōloa volcanic series covered most of the eastern part of the island. The Kōloa series are less permeable than the Napali formation lavas. The Kōloa series of flows were deposited in relatively flat layers compared to the Napali flows. The Olokele and Makaweli formations are also relatively flat but more permeable than the Kōloa series. The Project area includes mostly relatively flat tableland at about 300 ft. elevation (varying from about 308 ft. to 281 ft. Most of the Project area, however, is Lihue Silty Clay (LhD) with Lihue Gravelly Silty Clay (LIB) in the southwest corner. Soils of the Lihue Series are described as "well-drained soils on uplands ... developed in material weathered from basic igneous rock" (Foote et al. 1972). These are well drained soils on the uplands of Kaua‘i. Līhu‘e silty clay, 0 to 8 percent slopes (LhB) and Līhu‘e gravelly silty clay, 0 to 8 percent slopes (LIB) are the specific soil types withinthe project site. Ka Pa‘akai Analysis 4 Līhu‘e silty clay, 0 to 8 percent slopes is generally located on the tops of interfluves in the uplands. In a representative profile, the surface layer is dusky-red silty clay about 12 inches thick. The subsoil, more than 48 inches thick, is dark-red and dark reddish-brown, compact silty clay that has a subangular blocky structure. The substratum is soft, weathered rock. The surface layer is strongly acid. The subsoil is slightly acid to neutral. Permeability is moderately rapid; runoff is slow and erosion hazard is no more than slight. Līhu‘e gravelly silty clay, 0 to 8 percent slopes is similar to the Līhu‘e silty clay, 0 to 8 percent slopes soil series, except that it contains ironstone-gibbsite pebbles and has brighter colors in the subsoil horizon. The dominant grass in open areas on the property is Guinea grass (Urochloa maxima), with some areas having an abundance of California or para grass (U. mutica). The Project area is indicated to receive approximately 1500-1800 mm (60-70 in.) of annual rainfall, with increased rainfall at higher elevations (Giambelluca et al. 1986). The climate in Kīlauea is characterized as semi-tropical and is influenced by Hawai‘i’s geographic location, southwest of the Pacific High or anticyclone region. The outstanding features of the climate are the equable temperatures from day to day and season to season, the persistent northeasterly trade winds and the marked variation in rainfall from the wet to the dry season, and from place to place. The 10-year average rainfall (between 1999 and 2008) at the site is approximately 62 inches per year. The wettest month during the 10-year period was March with an average of 8.66 inches of rainfall. September was the driest month averaging 3.51 inches of rainfall during the 10-year period. The highest monthly rainfall total was March 2006 at 36.44 inches. The lowest monthly total was May 2000 at 0.71 inch. The 10-year annual average air temperature at the site is 74.2 degrees Fahrenheit (F). Prevailing wind direction is east-northeast with average wind speed of 10 to 20 miles per hour (Oda/Development Strategies LLC, 2010). Most of the project area is comprised of former sugarcane land previously cultivated by Kīlauea Sugar Company from 1880 to 1971. Since the closure of Kīlauea Sugar Company, the land has remained undeveloped. The surrounding area is primarily rural, dominated by agricultural and large house lot development of the Seacliff Plantation. Ka Pa‘akai Analysis 5 The parcel and project area sits within the Kilauea Ahupua‘a, which is in the traditional district of Ko‘olau and the judicial district of Kawaihau. The project area is located on the northeastern side of the island, more than half of which is covered by lava from the Koloa Series that is circa 1.5 million years old (Macdonald et al. 1970: 451-461). Kilauea ahupua`a, consisting of 3016 acres, originated in the mountains, at the ridge that separates the modern tax districts of Hanalei and Kawaihau, and extended into the ocean at Kilauea Bay. Along the shoreline includes Kilauea Bay and Mokolea Point with a narrow but continuous coral reef. Mokolea Peninsula, at the opening of the Kilauea Stream, had originally been part of the ahupua`a of Kahili. The ahupua`a extends mauka across undulating terrain of ridges and short, irregular valleys, to the ridge at an elevation of around 2,000 ft. above sea level. In mid-section are level tablelands and slopes that would have been suitable for kula agriculture and small, wet gulches and ravines appropriate for other cultivation. Kilauea Stream extends from the mountain zone, though, tablelands, into the lower valley terrain of small waterfalls and broader alluvial flatlands. The Kilauea Stream becomes part of the boundary between the ahupua`a of Kahili to the east and Kilauea in its lower regions. The major fresh waterway in the area, Kilauea Stream, is not entirely included within an ahupua`a. The ahupua`a, although it has a typical "pie-slice" shape, encompasses a width of land from stream to ridge, rather than the more common pattern of ridge to ridge. The water sources and the associated watered lands of the two tributary streams were probably more important as traditional subsistence resources than Kilauea Stream itself. This is certainly bore out in the location of the Land Commission Awards (LCAS) which cluster along the lower reaches of these tributaries in the ahupua`a of Kahili. There are no LCA for Kilauea. The generalization and clustering of traditional places to common districts (i.e. Anahola, Kapa`a, Līhu`e, etc.) has become acceptable, widespread practice in the western framework of identifying and relating to places on Kaua`i. Therein lays an example of how easily a traditional Hawaiian land area or division can be incorrectly identified, misunderstood and misinterpreted as a significant place of its own. Ka Pa‘akai Analysis 6 Figure 1. USGS Map of the Project Area Highlighted in Blue. Ka Pa‘akai Analysis 7 Figure 2. Aerial image indicating location of project area. Ka Pa‘akai Analysis 8 Figure 3. TMK Highlighted parcel and plot plan. Ka Pa‘akai Analysis 9 Figure 4. 1845 Map of Kaua`i by Charles Wilkes for U.S. Mapping Expedition. Note that it shows 6 moku or districts including Ko`olau, Halele`a, Nā Pali, Kona and Mānā. Typically, Kaua`i is dividied into 5 moku. Mānā is usually considered as part of the Kona moku. Geologically, Kaua`i is the oldest of the main inhabited islands in the chain. It is also the northwestern-most island, with O`ahu as its closest volcanic sibling separated by the tempestuous Ka`ie`ie Channel which is more than 72 miles long. In centuries past, Kaua`i's isolation from the other islands kept it safe from outside invasion and unwarranted conflict. Cultural Overview Poetically the island is called, "Manōkalanipō", or "Kaua`i a Manō" after the ancient chief who was largely responsible for elevating Kaua`i's ancient society to sophisticated heights of advancement and productivity. For centuries, from the time of Manōkalanipō's reign, through Kamehameha's unsuccessful attempts to invade Kaua`i in 1796 and 1804, Kaua`i remained free from warfare. Ka Pa‘akai Analysis 10 In 1810, Kaumuali`i accepted Kamehameha as the supreme ali`i by peacefully ceding Kaua`i to the newly United Kingdom of Hawai`i. With honor, Kaumuali`i was encouraged to return to rule on Kaua`i as its tributary chief under Kamehameha I. In accordance with the ancient land division system, an entire island is referred to as a mokupuni. While the word, moku by itself can also mean island, it is a term that is more specifically used to identify a district. Puni means, controlled, surrounded, to gain control of. It comes from the word, aupuni which is used to describe a government, kingdom, dominion, nation, or population that is governed or under the leadership of a ruler. In ancient times, a mokupuni could include an entire island as well as multiple islands that was ruled by an Ali`i Nui or paramount chief. Historically, the mokupuni of Kaua`i has included the islands of Ni`ihau as well as Lehua. Kaua`i Island has traditionally been divided into 5 moku including: Ko`olau, Halele`a, Nā Pali, Kona and Puna. The ali`i nui appointed ali`i `ai moku or district chiefs to manage the various moku. Common district names that are universally used across of the Hawaiian archipelago include "Ko`olau" marking the windward sides of the islands; "Kona" - the leeward sides of the islands; and "Puna" - indicating regions where springs and fresh water abound. Figure 5 & 6 show Kaua`i Island Districts and Boundaries. Fig 4 on the left show the original moku of Ko`olau, Halele`a, Nā Pali, Kona and Puna. Fig 6 on the right show the revised boundaries and judicial land districts of Kawaihau, Hanalei, Waimea, Kōloa and Līhu`e. Ka Pa‘akai Analysis 11 The boundaries of the five moku on Kaua`i were changed in the late 1800s to reflect the present-day judicial land districts. The Project Area is in the Ko`olau district upon land within the Kilauea ahupua`a. Traditionally, the districts were further divided into smaller land divisions known as, ahupua`a which included the abundance of land and resources from the mountain to the sea. Under the direction of the ali`i `ai moku, the ali`i `ai ahupua`a or land division chief was put in charge of governing the ahupua`a. The ali`i `ai ahupua`a appointed konohiki who served as the headman of the ahupua`a land division, and was solely responsible for the management of land, water and fishing rights. An ingenious concept, the ancient design of the ahupua`a system continues to be an excellent model for sustainability and land and natural resource management today. The common description that ahupua`a are "pie-shaped" is inaccurate. However, it is a general practice to apply triangulation of the 3-main boundary points of the ahupua`a when identifying its respective division lines. Additionally, ahupua`a do not terminate at the ocean ward boundary points. The boundary lines are purposely extended into the ocean so that it also includes the resources and minerals of the reef and ocean as well. A major element of focus for this Ka Pa`akai analysis is based on the `āina or land that is the project area, as well as surrounding lands and natural resources that are linked to the project area. It is important to readers of this Ka Pa`akai analysis to have a basic understanding of the ancient land division system and the various words, terms and idioms associated with Hawaiian land designation and Hawaiian land use. This is especially helpful in identifying and relating to specific locations and place names that are pertinent to this study. Wahi Pana Wahi pana are celebrated and storied places that illuminate generations of reciprocal connection and relationships between indigenous Hawaiians and the land and seascapes and natural resources that supported their existence. For well over two thousand years, native Hawaiians have held intimate bonds with their islands and special places upon them. Wahi pana continue to be integral, living components of a Hawaiian world view today. Literally, the word "wahi" simple means, "place or location". Pana is defined as "celebrated and storied". Another definition of the word, pana is, "heartbeat or Ka Pa‘akai Analysis 12 pulse". The latter, elevates and distinguishes a place as a wahi pana from any other ordinary location. Nature's forces, combined with the intangible spiritual energy source known to indigenous Hawaiians as mana are prevalent at many wahi pana throughout Hawai`i. Additionally, these wahi have specific stories, purpose and function that have influenced the lives of `ōiwi kānaka or Hawai`i's native people for myriad generations. Transmitted orally from generation to generation, their experiences have been preserved through mo`olelo (legends and stories), mele oli (chants), mele hula (dances) and `oihana Hawai`i (practices), maintaining memory and knowledge of places that should be honored and respected. Wahi pana are excellent teaching tools that continue to be extremely valuable today in its capacity to inform and demonstrate the cultural traditions, practices, values and beliefs of Hawai`i's ancestors and people. Wahi pana vary. They include but are not limited to sacred sites such as heiau, and ancient burial caves and burial grounds. Alluvial valley floors which were cleared for the construction of elaborate irrigated systems of lo`i terraces, as well as fishing grounds and surf sites in the ocean are wahi pana as well. Mountain peaks, cliffs, valleys, rivers and streams too, have emerged over time as places of cultural importance. All discernible features in every land division, district and island were given specific names that inspired life and meaning to these places as wahi pana. Every stream, spring, beach, fishing hole, reef, promontory, winds and rains, etc. all have names. These elements of nature provided the foundation for the creative and productive industries of the ancient Hawaiians. The perpetuation of cultural practices and experiences held in close attachment to wahi pana and the reoccurring elemental phenomena specific to places illustrate the unique relationships of stewardship and kinship by native Hawaiians and the natural environment. As successive generations of Hawaiians empowered these islands and their sacred and storied places with their prayers, ceremonies and labor, they left their indelible and enduring mark on the landscape; both seen and unseen. Tangible and indefinable sources of mana or spiritual power and energy unique to different places are also a result of generations of relationships that were nurtured between mankind and these special wahi or storied places. These are the multi- faceted qualities that have elevated wahi pana to the realms of Hawaiian consciousness. The land, the sea, the atmosphere and all the natural resources and phenomena that were held within each of its boundaries were considered Ka Pa‘akai Analysis 13 as akua, divine and sacred. All of it was godly. The proverb below, explains the concept that Hawaiians value of the reciprocal relationships of land, environment and man. E mālama pono i ka ‘āina; nānā mai ke ola. Take good care of the land; it grants you life. Mo`olelo: Storied Origins & Traditional Places Mo`o Ōlelo is the succession of talk; or the continuation and perpetuation of oral histories and traditions that were passed on in story and chant forms. It is from this that the word mo`olelo is derived - stories, tales, myths, legends and chronicles; records of information that was storied in the memories of Hawai`i's ancient people. Another term that is used is kā`ao - oral traditions and myths that represent the cultural truths, wisdom and experiences of kūpuna. Throughout the Ka Paakai analysis, examples of traditional Hawaiian mo`olelo are presented to link the reader with traditional places, beliefs and practices associated with the ancestral worldview of Hawai`i's indigenous Hawaiian people. Mo`olelo and kā`ao are not viewed as fanciful fairy tales or fictional stories woven to entertain. Laden with skillful use of metaphors and poetic expressions, they are invaluable sources of information that have preserved a sense of consciousness and inner connection of the kānaka `ōiwi with his multidimensional world. It is estimated that the Hawaiian island chain was first settled upon more than 2000 years ago by Polynesians who arrived from Nukuhiwa (also pronounced Nu`uhiwa) or the Marquesas Islands. Early migration chants and oral traditions provide insight to the discovery and settling upon these islands. One story tells of a man named Hawai`iloa who is credited with first discovering Hawai`i when he set out from a land called, "Ka `āina kai melemele a Kāne, (The land of the yellow sea of Kāne) on a long fishing expedition. He sails back to his homeland and returns with his wife and followers, including eight navigators. Because his wife is the only female on this return journey, it is said that all Hawaiians are descended from him. The largest island in the chain - Hawai`i, is named in his honor, while the additional islands of Kaua`i, Maui and O`ahu are named after his children. From Hawai`iloa, the heritage of long, distant voyaging, non-instrument navigation and way finding is established using phenomenal skills of keen observation and comprehension of stars and constellations in the heavens. He is the primal ancestor of the Hawaiian people who also introduces the astronomical wisdom of the atmosphere and its phenomena, including the weather and Ka Pa‘akai Analysis 14 climate. He is also an expert of the ancient sciences associated with the physical, geological and biological features of the oceans. From the union of Papahānaumoku and Wākea - preeminent mākua or parents of the Hawaiian universe is born Hāloa...our very connection to kalo, the sacred staple that has fed and nourished the Hawaiian people since time immemorial. The genealogical ko`ihonua of Hawai`i's ancestral Earth Mother and Sky Father bring forth the paradigm that bind generations of Native Hawaiian families to this storied progenitor. Through the traditions of Papa and Wākea, the energy of the Hawaiian family system that includes both nuclear and extended `ohana is born. From this legacy comes the skills and intelligence of the mahi`ai - the native planter that tends to Hāloa, the taro plant and elder brother that continues to sustain families today. Indigenous agriculture and cultivation practices are dependent on acquiring intimate knowledge of water cycles, moon phases and weather phenomena. There is a constant nurturing of familial relationships to land, environment and elements of the Hawaiian universe. The epic saga of Pelehonuamea describe in detail, the journey of the fire clan aboard the mythical wa`a (canoe) named Honuaiākea. Their quest is to search for a new fire source and a home from which to generate sources of life. It too, is a story of genealogy and migration, establishing cyclical movements of life upon these lands. The sun is a fundamental and reoccurring theme of substance that is essential to physical, spiritual and intellectual wellbeing. The chants of the mo`olelo of Pele and Hi`iaka provide detailed accounts that speak to the importance of relationships that the indigenous Hawaiian hold in high esteem with `ohana or familial relationships; not just with mankind, but with their environment as well as with that of the atmosphere and the elements. This is a profound expression of connection that taps into the inner sources of life and healing. Through this ancient oral tradition, we are provided with formulas and procedures of Hawaiian protocols and ceremonies that are still applicable for the native Hawaiian in the 21st century. These are just a few examples of the incalculable volumes of "unwritten literature" - primal sources of Hawaiian chants and the impressive accounts within them chronicle centuries of Hawai`i's fascinating history and culture. Embedded in the narratives of these ancient traditions are valuable details that provide us with a deeper understanding and a closer look at the worldview, life ways and experiences of Hawai`i's people prior to the turbulent changes that unfolded in post-contact times. Ka Pa‘akai Analysis 15 The significance and merit of mo`o `ōlelo - what an ingenious tradition of transmitting wisdom, knowledge, history and more through the succession of the voice conveyed through the telling of stories and the perpetuation of the art form of chants and the oral traditions that inspire the essence of indigenous Hawaiian cultural practices and beliefs. Ancient Chants that Extol the Land & Environment as Relations References and examples of chants from Hawai`i's ancient repository of oral and literary traditions have been included in this Ka Pa`akai analysis to elaborate upon the traditional beliefs and cultural practices of native Hawaiians. These practices continue to this day. Mele oli, mele pule, mele hula and mo`olelo provide authentic examples of this continuing practices. They also speak to the relationships held between nā kānaka - mankind, their environment and their gods. The ancients viewed facets of nature such as the heavens and earth as a godly and divine pairing of male and female procreative energies. Wākea - the broad, wide expanse of the atmosphere is male. The moisture that gathers and collects in the clouds and sky produces rain, which is also a male force. The earth is female, and is known to Hawaiians as Papahānaumoku, or literally, Papa that gives birth to islands. Adapted from Hawaiian Antiquities by David Malo (p.243) the mele ko`ihonua or genealogical chant on the following page speaks to the birthing of the Hawaiian Islands. Wākea - the male, is embodied in the expanse of the atmosphere and the heavens. Papahānaumoku - the female is Papa who gives birth (hānau) to islands. This ancient chant was revived into modern day cultural practice as a means of expressing native Hawaiians' familial relationship with the natural world and the `āina or land. Papa and Wākea - Sky Father and Earth Mother, along with their offspring, Ho`ohōkūlani are the divine characters and procreative forces that are also revered for the gift and traditions of the sacred kalo or taro plant. They are viewed and respected as ancestral progenitors of native Hawaiians. `O Wākea noho ia Papahānaumoku Hānau ‘o Hawai’i, he moku Hānau ‘o Maui, he moku Ka Pa‘akai Analysis 16 Ho’i hou ‘o Wākea noho ia Ho’ohōkūkalani Hānau ‘o Moloka’i, he moku Hānau ‘o Lāna’i, Ka ’ula, he moku Līlī `ōpū punalua ‘o Papa iā Ho’ohōkūlani ho’i hou ‘o Papa noho iā Wākea Hānau ‘o O’ahu, he moku Hānau ‘o Kaua’i, he moku Hānau ‘o Ni’ihau, he moku He ‘ula a’o Kaho’olawe! Translation: Wākea lived with Papa, begetter of islands Begotten was Hawai’i, an island Begotten was Maui, an island Wakea made a new departure And lived with Ho’ohōkūkalani Begotten was Moloka’i, an island Begotten was Lāna’i, an island The womb of Papa became jealous at its partnership with Ho’ohōkūkalani Papa returned and lived with Wākea Begotten was O’ahu, an island Begotten was Kaua’i, an island Begotten was Ni’ihau, an island A red rock was Kaho’olawe! The significance and understanding of mana as physical, mental and spiritual nourishment is preeminent in the customs of old Hawai`i. It is essential to the health and wellbeing of the family system and community. Every fragment of Hawaiian history and culture was documented to memory and orally transmitted from one generation to the next via chants. The births of gods, mankind, celebrated chiefs and more were often the subjects of lengthy, detailed chants. Ka Pa‘akai Analysis 17 Amongst them were mele mo`okū`auhau or genealogy chants, which are still considered to be one of the most prized family possessions of the native Hawaiian people. Kūpuna or elders were careful to designate individuals in the following generations of their families to be groomed as stewards of the `ohana’s genealogy. All knowledge was committed to memory, which included the names, unions and offspring in the family’s ancestors. Mo`okū`auhau hold us accountable to our ancestors. It strengthens our cultural identity and inspires the mana of our being. However, mo`okū`auhau were not limited to families of humans only. Literary accounts of mo`okū`auhau also included family lines of many other nature forms as well. This included, mountains, sharks, water sources and elements of the natural world. Hawaiian Religious & Cultural Practices, Gathering Rights in the Kilauea Ahupua`a Field investigations of the project area resulted in no evidence or findings of significant plants or natural resources that are associated with Hawaiian gathering rights for subsistence, cultural or religious practices. The project area has non-native vegetation. Informant that were interviewed for this study indicated that access has been limited for Native Hawaiians. There has been the long history of large-scale commercial cultivation, roads, rail lines and clusters of homes that could easily have obliterated any cultural or religious sites that may have previously existed in the area. Perhaps it is appropriate to study the origin of the Hawaiian language as it relates to place names. Because of the obeisance that these ancient people had for the awesome, primeval forces of nature, we are the beneficiaries of a fabulous collection of beautiful and imaginative names wherever we go in modern Hawaii. Through the modernization of these islands, some of the lore of this language escapes our grasp because the origins have faded into antiquity. An exhaustive search of Hawaiian legends and myths in print produced four references to Kilauea or other places in the ahupua`a. Dole (1892) relates a somewhat vague account that at Kīlauea there were the remains of three, long, ancient, parallel irrigation ditches attributed by the Hawaiians to the claw marks Ka Pa‘akai Analysis 18 of a mo‘o. “The lizard had been ordered by [the famous ruling chief] Mano-ka- lani-pō to open Kīlauea’s upper regions for agriculture” (Wichman 1998:102). In context the mo‘o is associated with the “brave lizard” Ka-mo‘o-koa after whom a ridge of the Makaleha Mountains is named. Wichman (1998:102) relates an account, (that may have originated in a 1939 story contest - Juliette Ferreira’s “Pele the Goddess of Fire” for the Martha W. Beckwith prize, Kamehameha School for Girls), that near the top of a volcanic cone open to the ocean: …once stood three huge stones that have since been moved, with great difficulty, to make room for sugarcane. These three stone sisters of great beauty, were a warning that Pele, the volcano goddess, was not to be trifled with….Pele [seeking to establish a home for herself and her Kaua‘i lover Lohiau] caused an eruption here, but it was soon extinguished when the sea goddess [Nā-maka-o-kaha‘i] broke down the walls of the crater, drowning the fire with the ocean. The laughter of the three beautiful sisters enraged Pele. They had seen Pele defeated and shamed. Their scorn was not to be endured. “What are your names?” Pele asked. And one replied “I am Kalama, this is Pua, and this is Lāhela.” Pele repeated their names, touching them with her staff as she did so, turning them to stone. They were a mute and visible warning not to laugh at or ridicule Pele. (Wichman 1998:103) In a slight variant of the story Pele is motivated by jealousy of the three girls’ beauty and fear they will make Lohiau fall in love with them and thus she turns them to stone to protect her love interest. A third mythological account of Kīlauea related by Rice (1923:38, see also Wichman 1998:104) concerns the creation of a swath of awash boulders lying between the islet of Moku‘ae‘ae and Kīlauea crater: Traveling on the Menehune moved a big stone to Kahili, below Kilauea, which they used to dive from. At Mokuaeae, the island off the present Kilauea lighthouse, they began to fill in the channel between the island and the mainland. They were just able to touch the bottom with a paddle when morning dawned, and their task was left unfinished. In the Story of Lonomakahiki (Fornander 1917: Vol IV, Part II: 358-359) is a passing reference to the ruling chief Lonoikamakahiki traveling with a companion at Kīlauea and Kalihi (Kalihiwai, Kalihikai) Kaua‘i. The account makes reference to “days of hunger” in which their hunger was appeased by eating the ripe flowers (or possibly fruit) of pandanus trees (hele aku a ai i ka pua pala o ka hala, hala ia Ka Pa‘akai Analysis 19 la poloi o ka ua ilaila, e ka hoa, he hoa i ka nahele lauhala loloa, mai Kilauea a Kalihi la). The account emphasizes the great lauhala tracts and “…the heavy and wind-blown rain, the ceaseless and general rain…” The “ae-kai” is said to be the name of a wind specific to the vicinity of Moku‘ae‘ae Island and “the Wai- mio is the wind of Kilauea” (Aikin 1988:7). The wind name for the Ko‘olau District of Kaua‘i between Moloa‘a and Kalihikai was the “Kiukainui” (Nakuina 1990:54). Ahupua`a Place Names, Descriptions, etc. We will attempt to translate "Kilauea". Literally translated it means "rising smoke cloud" when referring to Hawaii's (the Big Island) world-famous volcanic crater. But how can we account for its aptness to a town on the north shore of Kauai where no volcanic activity has occurred for 15,000 years. When we look at the word syllable "ea" it translates to "vapor or breath," and so in this instance we may substitute "vapor cloud" for "smoke cloud." With certain confidence, we may deduce that the ancient Kauaians named Kilauea for the fog-like clouds of sea mists that appeared in the area when storm-driven waves tossed high spray as it dashed upon the rugged lava bluffs of the north shore. In 1847, the Kingdom of Hawai`i conducted a census of the population of northern Kaua`i. Although demographers still argue about its reliability to this day, the census reported 240 individuals living in the Kahili-Kilauea area, third in size only to Hanalei to the west with 637, and Anahola to the east with 280 (Schmitt 1969). The Hawaiian Legislature created the Office of Commissioner of Boundaries in 1862 to determine exact boundaries of previously un-surveyed ahupua`a. Most of the information concerning land use and settlement of this area can be gathered from examining the mid-19th century records of the Board of Commissioners to Quiet Land Titles, commonly referred to as the Land Commission. The commission was created as part of the Great Mahele of 1848, a portion of its responsibility being the awarding for the first time, private title of lands to native Hawaiian commoners. In the 1874 Boundary Decision which describes the official government recognized boundary of the ahupua`a of Kilauea, several individuals lo`i and kalo growing areas are named along western border of the land division. A Connection and Understanding of Place Traditional Wisdom & Knowledge Kilauea Place Names Ka Pa‘akai Analysis 20 Over the years, residents have lost touch with the place names and their meanings for this mountain range. The habit of identifying traditional landmarks whether they are mountains, beaches, etc. by generalization is common. A greater misfortune is the more popular trend and use of nicknames created by recent generations of transient and kama`āina residents. Disappointedly, this has resulted in the greater loss of knowledge and awareness of traditional Hawaiian places and wahi pana. Knowledge of wahi pana and their place names for both subject ahupua`a of this Ka Pa`akai analysis are on the verge of being forgotten and lost altogether. There is a sense of urgency to bring this to the forefront of our collective attention and create learning opportunities for the native Hawaiian community. Hawaiian name of Kilauea Point as Cape Wowoni, due to the feeling one gets when standing at the point where the waves roar and bellow and one feels it at the core; the origin of the name Nihoku (known as Crater Hill), where the profile of the hill is like a standing or upright tooth and hence the meaning of the name; the name of a nearby hill, beach and wind called "Kauapea," which he interprets as the "sail filling rain." Several map sources referenced for clarification of place names and peaks produced conflicting information and statistical data as well. Further research, including examination of oral histories and other sources for accurate identification is of great importance and priority. Land Commission Award Claims Kilauea Ahupua`a and Associated Knowledge Land Commission Awards and Mahele Awards are Sources of Title adjudicated by the Land Commissioners to claimants. Mahele Awards are Sources of Title specifically issued to those chiefs who received their lands from the king but failed to present their claims before the Land Commission and thus received titles to their lands from the Minister of the Interior. Kamehameha Deeds are Sources of Title to Crown Lands that Kamehameha III, IV and V conveyed. Minister of Interior Deeds were Sources of Titles that conveyed lands from the government to private individuals by the Minister of the Interior during the Kingdom of the Monarchy. Patents - both Royal and Land were issued on the awards as evidence that the Government's right to commutation therein was satisfied. An award together with a patent perfected the awardee's title to the property. Grants by Royal Patent and Land Patent were Sources of Title deriving from the sales of government lands. The term "Royal" indicates that the document was issued during the Ka Pa‘akai Analysis 21 Hawaiian Monarchy (up to 1893). The Land Patent or Land Patent Grant thus means the document was issued subsequent to the monarchy. The Kuleana Act of 1850 allowed maka‘āinana (Native Hawaiian commoners), in principle, to own land parcels at which they were currently and actively cultivating and/or residing. As a result of the Māhele in the records for Land Court Awards, there are no entries associated with ahupua`a Kilauea. In the great land division or Mahele of 1848, KIlauea Ahupua'a was retained as Government Lands. It is unknown why there were no commoner kuleana land holdings within KIlauea Ahupua'a at the time of the Mahele (1848) and the following Kuleana Act. Contours in that area indicated on USGS quadrangle (7.5) Anahola indicate a low, wide terrace next to the stream evidently well watered and well suited for maintenance of taro lo’i. A similar terrace is situated on the opposite bank and downstream to the north in ahupua’a of Kilauea. Cultivation of taro at an earlier time may well have of occurred in this area as well. Handy and Handy (1972) believed the area had a wealth of good kula land for sweet potato growing but was a comparatively small producer of kalo. In the uplands, the tributaries of Kilauea Stream travel in very steep, narrow gorges, making dispersal of these waters for irrigation purposes difficult. Because of this, kalo-growing areas on the Kilauea Stream existed only in the last mile of its course to the seashore where the waterway and its floodplain broadens. Even then, irrigation water was not taken from Kilauea Stream itself, but rather from its tributaries, most of the old pond fields existing in the areas where these tributaries entered the mainstream. Even though uncommon geographic conditions such as steep narrow stream valleys and hilly terrain limited native wetland agricultural development to the makai areas bordering Kilauea Stream at the confluence of two tributaries, the ahupua`a of Kilauea was probably a comparatively important population and farming area in ancient Hawai`i. Most of the native population of the ahupua`a probably lived in this coastal area from prehistoric times through the late 19th century. It is interesting to note here that what is called Kilauea Stream or River today, was known as Kahili River back in the mid-1800s, possibly denoting a placement of higher contemporary importance of Kahili over Kilauea as an agricultural and settlement area. Kilauea would gain more importance only near the turn of the century with the development of a sugar plantation there. Not much is known about the original inhabitants of Kilauea, although some research work is being done by historical groups. There are, however, vestiges of this ancient civilization if one is inclined to search. On the east bank of the Kilauea Ka Pa‘akai Analysis 22 Stream, slightly "mauka” (inland) from the mouth of the stream, is Kipapa Heiau. Heiau’s were pre-Christian places of worship, some were elaborately constructed stone platforms, and others were simple earth terraces. There were various types of heiaus, the description of some follow: "Heiau ho’ola” - Heiau for treating the sick. "Heiau ho’oulu’ai” - Heiau where first fruits were offered to insure further growth. "Heiau ho’oulu i’a" - Heiau where fish were offered to insure good fishing. "Heiau polo kanaka” - Heiau where human sacrifices were offered. "Heiau waikaua” - Heiau used for services to bring success in war. We can only surmise the use of Kipapa Heiau. Several sources speak generally about the habit of the Hawaiians of hunting sea birds for their flesh and feathers. it is very possible that the area could have been used temporarily for these purposes. Also, the areas at the base of the cliffs might have been used temporarily as canoe landings. Such an area (pae waa) is identified at Puu Poa to the west of Kilauea (Aikin 1988: 10). Evidence of a complete village still exists on the coast beyond the eastern tip of Kilauea Bay and in the area of Pohaku Malumalu. In the dense jungle is a large stone platform and terracing. A spring still feeds various pools used by the Hawaiians in their daily activities. Upper pools were used for drawing drinking water. As the pools descended, their uses changed accordingly until the last one which was used for bathing. The prehistoric inhabitants of Kilauea maintained a strip of permanent residences along the coast fronting Kilauea Bay. Limited land for development of lo`i along the makai western boundary of the ahupua`a was in the floodplain of Kilauea Stream at the confluence of two tributaries, Wailapa and Kaluamakua Streams. These two tributaries were used as water sources, and the level lands at their mouth were intensively developed into lo`i systems. Both systems were in use into the mid 19th century as documented by Land Commission Awards (LCAs), the Wailapa one being more extensive, with numerous lo`i (as well as noni and wauke patches), and three houselots. Although limited lands for irrigation may have been available upstream from these tributaries and up Kilauea Stream, they would be severely restricted by narrow floodplains, and susceptible to flooding. On the other hand, large regions of the uplands, would have been available for growing sweet potatoes and other dryland crops. This kula land would have been adequately by rainfall of around 5 inches per month. Only temporary habitation would be expected with these scattered kula plots. As for their archaeological remains, heiau would be expected along prominent bluffs and knolls overlooking the coast, such as Kipapa Heiau (now destroyed). Burial sites would occur in backshore sand deposits in the mixed sand deposits around Kilauea Stream. Ka Pa‘akai Analysis 23 The settlement pattern or Hawaiian use of the lower part of Kilauea that seems most likely would include temporary camp and processing sites related to the hunting of seabirds for their flesh and feathers. This activity would probably have occurred very near the coastal cliffs on which the birds have long nested and are today protected Other activity may have included some sweet potato growing and harvesting on the high-level ground mauka or south of Crater Hill back toward the town of Kilauea. Any evidence of what must have been dispersed and discontinuous farming in this area would have been lost to the development of sugar in the late nineteenth century. The most probable area of concentrated population and industry would have been along Kilauea Stream near its issue into Kilauea Bay where the stream could more readily be accessed for irrigation. The absence of Land Commission awards in that area of Kilauea ahupua’a suggests those terraces were less suitable in later years or that no one of an associated lineage was living along or working that part of the river at the time of the Great Mahele. Post-Mahele land use was for the cultivation of sugar on the flat lands above the valley. Ranching also occurred in some areas of Kilauea ahupua`a. The lo`i was converted in rice along the floodplain of the Kilauea Gulch. This is can be verified by an 1892 map drawn by M.D. Monsarrat. According to Ross R. Aikin, “Kilauea Point Lighthouse: The Landfall Beacon on the Orient Run”, shore parties were responsible for maintaining signal fires to mark harbor locations for retuning fishing parties and long-distance voyagers. Nightwatch parties tended to the kukui ahi, which were fire lamps made from the kukui nut to guide returning ocean going canoes during the early morning hours. It is believed that Kilauea Point location was used as Kukui o Lono (light of Lono), look out position used by kukui ahi caretakers who carried out their activities under the guidance of Lono, the god of wind, cloud, sea and agriculture. According to Aikin, Kilauea can be translated to mean “the rising smoke cloud” and as vapor or breath” possibly describing the vapor sea mist and the smoke from fire lamps blending with the ocean mists. There is little evidence that Kilauea was a place of habitation and having significant farming activity. The most likely concentration of people would have been along Kilauea Stream and Kilauea Bay. The report indicates that the lower portion of Kilauea was used for hunting seabirds for food and feathers. There is some indication that sweet potato cultivation may have occurred on the higher- level lands, located on the mauka slopes of Crater Hill. The property has been extensively developed and cane cultivation also probably destroyed any Ka Pa‘akai Analysis 24 evidence of the Hawaiian use of the area. The History of Kilauea Plantation In January 1863, a former American whaler named Charles Titcomb purchased the entire ahupua 'a of Kilauea amounting to approximately 3,016 acres from Kamehameha IV for $2,500 (Grant 2896). This land grant included the present Project area. By this time, Charles Titcomb was already a veteran of several enterprises at Koloa, Hanalei, and Kilauea, Kaua'i, including efforts to cultivate silkworms, coffee, tobacco, sugarcane and cattle. He expanded his holdings to the west through further purchases within the next couple of years. The area was used as cattle grazing ground before being planted with sugar. The Kilauea Plantation, begun in 1863 by Mr. Titcomb, became a sugar estate in 1877 when Captain John Ross and E. P. Adams, in partnership with Titcomb, purchased much of the land and leased another substantial tract (Aikin 1988:19). Titcomb and his family continued to be involved in the plantation. He, his Hawaiian wife, and two of his eight children are buried in a family plot near his former home behind the Kilauea Elementary School. The Kilauea Plantation "was one of the smallest plantations in the Hawaiian Islands operating its own sugar mill" (Conde and Best 1973: 159). In 1881, a railway was begun and Princess Lydia Kamakaeha (Lili'uokalani) drove in the first spikes for the railroad bed. The plantation infrastructure grew over the next twenty years: Transportation system consists of 12 and a half miles of permanent track, five miles of portable track, 200 cane cars, six sugar cars and four locomotives. Kilauea is situated three miles from the landing at Kahili, with which it is connected by the railway system. Sugar is delivered to the steamers by means of a cable device at the rate of from 600 to 800 bags an hour. Mr. J. R. Meyers was the plantation manager. (San Francisco Chronicle, July 18, 1910, in Conde and Best1974:152) The plantation employed Chinese and Portuguese workers. In the 1880s, Kilauea Sugar Company began major modification of water resources in the uplands with dams, reservoirs, ditches and flumes (Joesting 1984). This may have had a major damaging effect on lo 'i kalo downstream and possibly signaled the end of large- scale native agricultural practices in Kilauea and vicinity. The Kilauea Plantation Company started to be managed by C. Brewer and Company in 1910 and C. Brewer took over the controlling interest in 1948. The Kilauea Plantation Company continued to operate until 1971. The railroad, begun in 1881, and the Ko'olau Ditch are shown running from the mill Ka Pa‘akai Analysis 25 at Kilauea as far as the east side of East Waiakalua, terminating near the Government Road well mauka of the present Project area. Part of this Kilauea Plantation Company rail system passed by Kahili Quarry on the way to an off- loading station at Mokolea Point, where raw sugar was cabled down to transport ships (Site 50-30-04-1811). Kahili Quarry was located on Kilauea Bay at the mouth of Kilauea Stream, about a kilometer northeast of the Project area. Rock from the quarry was hauled by rail car and later by truck through the plantation fields where it was used to reinforce the field roads (Fredericksen and Fredericksen 1989:8). The road to the landing ("Quarry Road") running toward Mokolea Point formed the west boundary by 1892. In 1938, trucks were employed to transport harvested cane, and by 1942, the rail system was abandoned entirely (Conde and Best 1974). Sugar continued as a crop until 1971 when Kilauea Sugar Co. was terminated (Custodial Chronology of the Sandy Saemann Property, Kilauea, Kaua'i 1989). A 1910 U.S. Geological Survey Map, Kilauea Quadrangle shows the plantation infrastructure and other development in the vicinity at that time. The spur railroad line running down to Mokolea Point ran along the road on the south side of the present Project area but then curved into the present Project area along the west and north sides of the tributary gulch. A second unimproved road out to Mokolea Point ran along the west side of the Project area. A cemetery is shown north of the present Project area. A 1930 map (of the Kilauea Plantation (Conde and Best 1974:159) shows the plantation's sugar cane fields and associated infrastructure. The map indicates that sugar was cultivated in most of the Project area. The map also shows the plantation rail line heading from Kilauea Town to the landing at Mokolea Point in the east portion of the present Project area. The 1963 U.S. Geological Survey map indicate unimproved road extending down to the Kahili Quarry, bordering the southeastern portion of the Project area. The 1963 map also indicates Kipapa Heiau (temple), located on the sandy shoreline of Kilauea Bay, near the mouth of Kilauea Stream a kilometer east of the present Project area. After the end of sugar in 1971, sorghum, corn, prawns and guavas were attempted to be grown in the plantation. Native Hawaiian Cultural Consultation It is the policy of the State of Hawaii under Chapter 343, HRS, to alert developers and decision makers, through the environmental assessment process, about Ka Pa‘akai Analysis 26 significant environmental effects which may result from the implementation of certain actions. An assessment of cultural impacts gathers information about cultural practices and cultural features that may be affected by actions subject to Chapter 343, and promotes responsible decision making. Articles IX and XII of the State Constitution, other state laws, and the courts of the state require government agencies to promote and preserve cultural beliefs, practices, and resources of native Hawaiians and other ethnic groups. Chapter 343 also requires an assessment of cultural resources, in determining the significance of a proposed project. One of the most important parts of conducting a cultural assessment and study is to hold consultation with Native Hawaiian kūpuna or elders, Hawaiian cultural organizations, cultural practitioners and individuals from the community who potentially have knowledge of traditional Hawaiian sites, resources and cultural practices that are related to the project area as well as to the adjacent and extended land areas of the Kilauea ahupua`a. Ultimately, the goal as preparers of this Ka Pa`akai Analysis is to produce a document that can be used to protect and preserve the valuable knowledge and traditional practices of nā `ōiwi kānaka, the Native Hawaiian people of these places. EAL’s goal was to meet with and interview a cross-section of indigenous Hawaiian people from the community; first and foremost, with kūpuna or elders that have memories and personal experiences of the project area and the surrounding lands in Kilauea ahupua`a. In addition, EAL was hopeful to receive their `ike or insight and knowledge about customary practices and traditional places associated with or relating to the project area. EAL also aimed to seek out and speak with those of the mākua or parent generation who had potential knowledge, ties and experiences linked to the project area and Kilauea. In this endeavor to "interview" Native Hawaiians, EAL chose to do so in a Hawaiian manner of kukākukā or through "talk-story". In speaking with interviewees without being nīele or as a prying meddler by being annoyingly inquisitive was the approach. While there are specific points of interest for questions that lead the discussions, it is important that with each person engage in a manner that is respectful and without imposing pressure. To the Native Hawaiian, a nīele person will never get anywhere by being bold, blunt and direct. However, he or she can be successful by leading up to a subject through indirection and a more `olu`olu or gracious approach. Every attempt to avoid being maha`oi or presumptuous, brazen and insensitively forward was used. In the traditional Hawaiian household that was led by kūpuna and mākua who were adamant that the values of aloha (love), ha`aha`a (humility), ahonui (patience) and hō`ihi (respect) apply to the way that one behaves and interact with others. Ka Pa‘akai Analysis 27 This is especially so when talking and meeting with kūpuna, for with the slightest tone of pejorative stance or speech, they will cease to share their valuable insight and experiences. It helps tremendously to have some sort of association with individuals as well, for more is shared when there is a level of comfort, trust and familiarity. The interviewees that EAL engaged with for this Ka Pa`akai analysis are: 1. Jim O’Conner Kilauea Resident 2. Mehana Vaughn Kilauea Resident 3. Gary Smith Kilauea Resident 4. Jack Gushiken Kilauea Resident 5. Jennifer Waipa Hanalei Resident All interviews were conducted by EAL in August and September 2019. Subsequently, EAL found that just about most of the interviewees were interested in learning about the project itself but no that concerned except for a few informants. As such, the priority topics needed to conduct this Ka Pa`akai analysis of cultural resources and impacts were overshadowed. It was a challenge to steer conversations into that direction without appearing to be presumptuous and insensitive to the needs of the interviewers to be informed of the project. EAL spent a considerable amount of time attempting to provide an overview of the project. Mahalo a nui loa iā `oukou for your generous support to contribute and collaborate to this success of this Ka Pa`akai analysis. Consultation Methodology & Results As with the composition of the Ka Pa`akai analysis document, EAL employed interview methods consistent with indigenous Hawaiian values. Specific values and methods applied to the interview process included: Kukākukā, also known among locals as “talking story”, is a quintessentially Hawaiian approach to sharing information intended to avoid being seen as nīele (i.e., nosy or meddling) and instead being perceived as ‘olu‘olu— gracious—in conduct. By approaching the specific interview topics in an indirect manner, EAL interviewers communicated a level of sincerity and respect Ka Pa‘akai Analysis 28 for the interviewee and subject matter and so avoided their curiosity being interpreted as maha‘oi, i.e., brazen and forward. Aloha, or love and abiding regard for the Hawaiian landscape and culture formed the basis for the interview process, communicating deep affection for the subject matter and individuals involved. Ha‘aha‘a, or a sense of humility, particularly when speaking with kūpuna, where a single pejorative act or statement could create a sense of offense in the interview subject which would lead them to withhold their insight and experience. Ahonui, or patience, and a measured tempo to the contact and interview process which allows for a sense of comfort, familiarity, and trust to emerge. Hō‘ihi, respect, both for the interviewee and for the subject matter were kept at the very heart of the interview process and shaped the methods employed by EAL. To these ends, the use of recording devices and a standardized questionnaire were not employed unless requested to do so. Interviews were conducted in individual and small-group settings in homes and back yards. Conversations could flow toward, and at times away from, the specific subject of the project as the interview subjects deemed appropriate. Selection of Interview Subjects An assessment of cultural impacts gathers information about cultural practices and cultural features that may be affected by land use decisions. In the preparation of this Ka Pa`akai analysis, representatives of EAL identified certain criteria which guided the process of identifying individual’s familiar with cultural practices and features in, or near, Kilauea ahupua’a. Was the candidate a mākua, or member of the parent generation, with potential knowledge, ties, or experiences of the project area and the Kilauea or Ko`olau region? • Was the candidate familiar with, or possessing insight into, the customary practices and traditional places in or near to the project area? In the timeframe available for the preparation of the Ka Pa`akai analysis, representatives of EAL spoke with 5 community members all with personal ties to Kilauea; and possessed of unique knowledge relevant to the assessment. Most interviewees were residents of Kilauea. Ka Pa‘akai Analysis 29 Ethnographic-Oral History Methodology Historical & Archival Research Primary research references used in this study include, but are not limited to— land use records, including those obtained from an extensive review of Hawaiian Land Commission Awards (LCA) records from the 1848 Great Māhele, territorial land patent grants, oral history interviews preserved in the Bishop Museum Archive, and an extensive review of historical texts authored or compiled by D. Malo (1951), M.K. Pukui (1972), and Handy and Handy with Pukui (1972). Other sources examined and incorporated include regional planning documents, modern English language newspapers, and travel writers ’familiar with the Kilauea region, and important testimony of elder kama‘āina of the lands of the Kilauea-Ko`olau region. Researchers also took full advantage of historical and archival resources from the collections of the Bishop Museum, Kaua`i Museum, and Kaua`i Historical Society. Research of published and unpublished written literature, as well as Hawaiian language documents, maps and photographs found in public and private collections for references and other relevant information were explored. Additionally, the examination of indigenous Hawaiian chants and interviews conducted with kūpuna or Native Hawaiian elders were extraordinarily revealing and valuable to producing this cultural study. Cultural Resources & Practices Identified Neither the literature sources consulted, nor the interviews conducted identified any ongoing native Hawaiian cultural resources or practices located on the project. As indicated by background research and many of the interviewees, the broad Ko`olau ei region has a rich history replete with mo`olelo (legends) and wahi pana (traditional place names and their stories) however none of these have any significant direct or indirect connection to the project site. In addition, the long history of ranching and some cultivation in this area has likely destroyed any cultural materials and since the land has been overgrown and private prevented in cultural practices which might have been present in the past. One informant reported that on the USWFS property it has been reported that Native Hawaiian did seabird gathering and perhaps canoe landing below the cliff, not necessarily on this property. Ka Pa‘akai Analysis 30 Another informant thought there was a dairy and a railroad to Mokuleia Pt. where sugar was slung to ships and freight hauled up for residents and plantation, near this parcel. Cattle did graze in this area and the dairy in modern times did pasture dairy cows in the Kilauea valley (author personal knowledge from the former dairy manager). Analysis of Impacts The Kilauea-Ko`olau region, which includes the area proposed for the single-family residence, is a place of prehistoric and historic significance in the Hawaiian civilization. Oral histories and written records tell of the continuing traditions, beliefs, and cultural practices of the region. However, none of the background research, nor interviews conducted in the preparation of this Ka Pa`akai analysis indicates that the cultural practices, resources, or beliefs are tied to the proposed project site. The absence of cultural properties and resources in a region maybe due to rapid change that sugar cultivation brought to Kilauea. Traditional Hawaiian uses of the lands in the Kilauea ahupua’a are known from prehistoric times. Such uses, including habitation, agriculture, and gathering continues throughout the region, but none is known to exist within the project area. Access to sensitive wahi pana, streams, the shoreline, or the mountains will not be compromised by this project. Native Hawaiian beliefs and traditions associated with the Kilauea ahupua’a persist but these are general associations not specific to the project site. No kūpuna (elders) or mākua (parents) could be located that had knowledge of traditional beliefs or practices specific to the project site. There are no known cultural resources or practices with the potential to be negatively impacted because of the proposed project. Closing Cultural impacts upon Native Hawaiian people, customary practices and religious beliefs have infiltrated the history of Hawai`i Nei for more than 200 years since the arrival of Captain James Cook in 1778. Within a period of 40 short years, the Kapu system was abolished by Kamehameha II - Alexander Liholiho and the Queen Regent, Ka`ahumanu bringing an end to the strength of the closely-knit Hawaiian religion and political system of Hawai`i. With the arrival of Calvinist missionaries in 1820 came a new god and religion which leveraged the Ka Pa‘akai Analysis 31 beginnings of severing the native Hawaiians' veneration of the natural world. By the 1890s, subsistence lifestyles, agriculture and rural communalism had entirely been replaced by commercialism, urbanization and individualism as key features of life in the Hawaiian Islands. Foreign sugar plantation moguls usurped control of Hawai`i's prime agricultural lands and fresh water sources to sustain their crops. Miles and miles of irrigation ditches were engineered to redirect the natural flow of water out of the ahupua`a; forever changing the balance of environments and lifestyles of generations of native Hawaiian families. By and large, the issues of cultural impacts in Hawai`i are rooted in the loss of access and use of Hawai`i's land and natural resources as formerly practiced in pre-contact Hawai`i. It is a deep-seated dilemma caused by the intrusion of forced principles brought on by Westernization and the rise of a monetary economy. Included are in this Ka Pa`akai analysis are the kūpuna's names and descriptions of their kuleana land claims presented to the Land Commission following the Great Mahele in 1848. Many of these families still exist and inhabit the lands of Kilauea today. However, the lasting affects upon native Hawaiian people that have resulted in their disconnect to traditional practices, beliefs and knowledge of place goes back further to the introduction of Christian tenets that prohibits veneration and expression of nature or ancestor worship in any way, shape or form. There is great anxiety amongst contemporary Hawaiians to embrace the values and ideologies of their ancient ancestors out of fear instilled by the doctrines of the dominant western religion which most have adopted. This alone, largely contributed to the depreciation of interest to learn and maintain family genealogies, enroll to formal training in cultural practices that engage in ceremony and spiritual processes, etc. All forms of traditional Hawaiian cultural practice included religious and spiritual processes of protocols, ceremonies, prayers and prescribed tabus and restrictions. The removal of this crucial part of Hawaiian cultural expression separated and dissolved the sacred and profound of the practice itself. It also eliminates the individual's conscious connection to the environment which is also considered as a sacred and profound aspect of the practice itself. This analysis does not foresee potential impacts of the proposed single-family residence on Native Hawaiian or other ethnic groups' cultural practices customarily and traditionally exercised for subsistence, cultural or religious Ka Pa‘akai Analysis 32 purposes. Although the Project area is outside the vicinity of Kīlauea Point National Wildlife Refuge, its proximity to the refuge may mean that occasional endangered birds may be found in or around the project area. Care must be taken to ensure that these birds such as the nēnē, shearwaters and Laysan albatross or mōlī be unharmed and returned to the Refuge. 33 References Alexander, William Patterson, 1991 “Tour of Kauai in 1849, Private Journal of William Dewitt Alexander” in The Kauai Papers, Kauai Historical Society, Honolulu. Belcher, Edward 1843 Narrative of a Voyage round the World, Performed in Her Majesty's Ship Sulphur, during the Years 1836-1842. London: H. Colburn. Bingham, Hiram 1847 A Residence of Twenty-One Years in the Sandwich Islands, Huntington, Hartford CN., Convers, N.Y. Bird, Isabella L. 1890 Six Months in the Sandwich Islands, First Edition, 1890 by John Murray, London Chun, M. N., 2011 No Nā Mamo Traditional and Contemporary Hawaiian Beliefs and Practices, University of Hawai`i Press, Honolulu, HI Damon, Ethel M., 1931 Koamalu, A Story of Pioneers on Kauai and of What They Built in That Island Garden, Honolulu Star-Bulletin Press, Honolulu. Fitzpatrick, Gary L. 1986 The Early Mapping of Hawai‘i Palapala‘aina, Editions Limited, Honolulu, HI. Fornander, Abraham and Thomas G. Thrum 1919 Fornander Collection of Hawaiian Antiquities and Folklore, T.G. Thrum edit., Memoirs of the Bernice Pauahi Bishop Museum (Vol. VI, Part I), Bishop Museum Press, Honolulu, HI. Glick, Clarence E. 1980 Sojourners and Settlers: Chinese Migrants in Hawaii. Hawaii Chinese History Center and the University Press of Hawaii, Honolulu, HI. Handy, E.S. Craighill 1940 The Hawaiian Planter. Honolulu: Bernice P. Bishop Museum. Handy, E.S. Craighill and Elizabeth G. Handy 1972 Native Planters in Old Hawaii: Their Life, Lore, and Environment, B.P. Bishop Museum Bulletin 233, B.P. Bishop Museum, Honolulu, HI. 34 Hawaiian Language Texts. 1861 Legends of Hawai`i and Kaua`i. Hawaiian Language Newspaper - Nupepa Kuokoa, Honolulu, HI. http://ulukau.org/ Joesting, Edward 1984 Kaua‘i: The Separate Kingdom, University of Hawaii Press and Kauai Museum Association, Ltd., Honolulu, HI. Kent, NJ. 1993 Hawai`i Islands Under the Influence. University of Hawai`i Press. Honolulu HI. Knudsen, Eric A. 1956 Teller of Hawaiian Tales, Foreward by A. Grove Day, Mutual Publishing Paperback Series, Honolulu, HI. 1991 "A Trip Around Kauai and Some Personal Experiences on the Na Pali Coast, 1895" in The Kauai Papers. Lihue: Kauai Historical Society. Paperback Series, Honolulu, HI. Kuykendall, Ralph S. 1938 The Hawaiian Kingdom, Volume 1, University of Hawaii. Press, Honolulu, HI. Lydgate, Helen Elwell, 1991 “A Visit to Kauai in 1865, Journal of William T. Brigham” in The Kauai Papers, Kauai Historical Society, Honolulu. Macdonald, G. A., et al. 1960 Geology and Ground-Water Resources of the Island of Kaua‘i, Hawai‘i, United States Geological Survey Bulletin 13. Malo, David K. 1951 Hawaiian Antiquities - Mo`olelo Hawai`i, Bishop Museum. Honolulu, HI Manu, Moses 1884 Ka Mo`olelo O Keaomelemele. Ka Nupepa Ku`oko`a. Manu, Moses, Mary K. Puku`I and Puakea Nogelmeier 2002. Keaomelemele, Bishop Museum Press. Honolulu, HI Pukui, Mary Kawena 1951 The Water of Kane. Kamehameha Schools Press, Honolulu 1983 ‘Olelo No‘eau: Hawaiian Proverbs and Poetical Sayings, Bishop Museum Special Publication No.71, Bishop Museum Press, Honolulu, HI. 35 Pukui, Mary K., and Alfons L. Korn 1973 The Echo of Our Song - Chants & Poems of the Hawaiians, The University Press of Hawai`i. Honolulu, HI Pukui, Mary Kawena and Samuel H. Elbert 1986 Hawaiian Dictionary, 2nd Edition, University of Hawaii Press, Honolulu, HI. Pukui, Mary K. and E.S. Craighill Handy 1998 The Polynesian Family System in Ka`u, Hawai`I, Mutual Publishing. Honolulu, HI Pukui, Mary Kawena; E.W. Haertig, and Catherine A. Lee 1972 Nānā I Ke Kumu: Look to the Source. Hui Hānai, Queen Lili`uokalani Children's Center, Lili`uokalani Trust. Van Nuys, CA. Schmitt, Robert C. 1973 The Missionary Censuses of Hawaii, Pacific Anthropological Records, 20, Honolulu. Skinner, Charles M. 1900 Myths and Legends of Our New Possessions & Protectorate. The Resurrection of Kaha. Gryphon Books, Ann Arbor. Thomas, Mifflin 1983 Schooner from Windward: Two Centuries of Hawaiian Interisland Shipping, University of Hawaii Press, Honolulu, HI. Valeri, Valerio 1985 Kingship and Sacrifice - Ritual and Society in Ancient Hawai`i. University of Chicago Press. Chicago and London. Westervelt, William D. 1915 Legends of Gods and Ghosts, Boston, MA. Wichman, Frederick B. 1998 Kaua‘i Ancient Place-Names and Their Stories, University of Hawai`i Press, Honolulu, HI. Wong, Helen and A. Rayson 1997 Hawai`i's Royal History. Bess Press. EXPLORATION ASSOCIATES LTD Consulting Archaeology – Historic Preservation Issues – Cultural Impact Assessments – Genealogy Research- Land Use Planning – Construction – Project Management 3-2600 Kaumualii Hwy 1300 - #306 LIHUE, KAUAI, HI 96766 CELL: (808) 639-6695: Email: explorationassociates@outlook.com Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application – No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit Page 1 of 19 Archaeological Field Inspection for Clearinghouse Application – No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit Applicant Name: Geoffrey Noble Owner: Paul Barker Kīlauea Ahupuaʻa, Koʻolau District, Island of Kauaʻi TMK (4) 5-2-004: 088 Nancy McMahon, M.A., M.S. May 2020 At the request of the property owner Paul Barker, Exploration Associates Ltd.’s (EAL) Nancy McMahon, M.A., M.S., Principal Investigator completed the field inspection under Hawai‘i State Historic Preservation Division/Department of Land and Natural Resources (SHPD/DLNR) permit number 20-11 per Hawai‘i Administrative Rules (HAR) Chapter 13-13-282. A review letter from the State Historic Preservation Division dated February 11, 2020 to the County of Kauai Public Work Department requested a field inspection be conducted of the subject parcel and proposed grading plans (Appendix A). EAL did some prior research for this parcel for the County of Kauai Planning Department’s called a Ka Pa‘akai Analysis (EAL September 2019). The project proposes for new construction of a new driveway, grading for the foundation of a new dwelling, and construction of a retaining walls along Makana'ano Place (Lot 15) within SeaCliff Plantation at Kīlauea Bay. The project area comprises a 0.9949-acre portion of the 5.110-acre property. The proposed subsurface disturbance will include grading (43,340 sq. ft.), excavation (13,884 sq. ft.), and embankment (fill; 8,321 sq. ft.). Figure 1 and 2 are the USGS, TMK and plot plan maps for the parcel. Figure 3 and 4 show the grading plans. Figure 5 is the topographic survey of the construction area. The property abuts a property owned by the Kilauea Wildlife Refuge, U.S. Fish and Wildlife Service. Although no historic properties have been identified within the project area, several have been identified on neighboring parcels; WWII structure (SIHP 50-30-04-1810) on TMK: (4) 5-2- 004:103, and Pailio Heiau (SIHP 30-30-04-0133) on TMK: (4) 5-2-004:079. Figure 6 is a GIS map from the State Historic Preservation Division on another project which shows the GIS locations of these historic properties mentioned aboe (March 2020). Pailio Heiau was non-existent during the survey work by Thrum (1907) and Bennett (1931). The earliest archaeological studies on the Island of Kaua`i were conducted by T.G. Thrum (1907 in Bennett 1931:133) and Bennett (1931). According Bennett’s map (ibid:98), Pailio Heiau is located near the current project area. Pailio Heiau (State Site 50-30- 04-133), located in West Waiakalua Ahupua`a, was described by Thrum (ibid) as “a round heiau about 100 feet in diameter; class unknown. Site covered in cane field.” Bennett (ibid:133) adds “[n]othing remains of the heiau to-day.” Closer to the project area, near the mouth of Kīlauea Stream, but politically in the ahupua`a of Kāhili, was Kipapa Heiau (State Site 50-30-04-132). According to Bennett (ibid:133), “Kipapa Heiau was situated on the end of the first bluff east of Kilauea River in Kāhili section.” Kipapa Heiau was described by Thrum (1907 Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 2 in Bennett1931:133) as "[a] large heiau of some 300 by over 100 feet in size, paved, walls five feet high, standing in cane field in partial ruins." Bennett (ibid) adds that “[s]ince that time, stones have been removed.” These sites are not near the project location and are no longer here. The WWII structure (SIHP 50-30-04-1810) is located on the U.S. Fish and Wildlife Service lands and not visible from this parcel. Figure 7 is a schematic conceptual house plans. Fieldwork involved systematic pedestrian survey of the entire project area. All aspects of field work were photographed with a digital camera and copies of these photographs have been archived on the EAL computer network. An archaeological field inspection was conducted on February 28, 2020. Based on the field inspection and proposed grading plans, no historic properties were identified. There are already existing utilities to all the lots in the SeaCliff Plantation subdivision including entrance driveway, water, electric and drainage. Many of the lots have been already built on. The project area has been clear of tree vegetation for some time and has guinea grass which was shredded recently. The parcel has a fence along the US Fish and Wildlife Service property side (east). Visibility of the surface was good to excellent. There were no historic properties identified on the parcel. There will be no impact to nearby historic properties. Recommendation: “No historic properties affected.” Figure 8 shows the aerial of the parcel and the photo location map indicating the photo numbers. Photos with directional information follow. Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 3 Figure 1 USGS Hanalei Quad, Project location in blue. Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 4 Figure 2 Tax Map Key and Plot Plan Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 5 Figure 3 Grading Plans Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 6 Figure 4 Grading Plans Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 7 Figure 5 Topo of the property Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 8 Figure 6 GIS Map for sites in the area. Source SHPD March 2020 Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 9 Figure 7 Schematic Conceptual Plans Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 10 Figure 8 Aerial Photo Location Map Arrow indicates the approximate location in which the photograph were taken 9 12-13 10 11 8 1- 7 Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 11 1. Subject Property entrance gate looking north. 2. Looking east from the entrance, note drainage, driveway, and water. Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 12 3. Looking north from entrance where house and grading extend are located. 4. Looking east from the entrance. Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 13 5. Looking east from the entrance toward US Fish and Wildlife property. 6. Looking north from the entrance, water sprout in foreground. Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 14 7. Looking southeast, stakes are grading and house extend (red arrow). In the dense vegetation is US Fish and Wildlife property where a fence exists. 8. Looking west at the proposed house location. Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 15 9. Looking at southwest at the proposed driveway. 10. Looking south from the proposed house location toward Kilauea stream. Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 16 11. Looking north where the main house will be located. 12. Looking southeast at entrance and cul-de-sac. Drainage and driveway already in place. Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 17 13. Looking northwest at the entrance on Makana’ano Place, property is located to the right. 14. Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 18 Appendix A Applicant’s Name: Geoffrey Noble Owner: Paul Barker Project: Field Inspection for Clearinghouse Application No. CL – 2019-035 Makana'ano Pl., Kīlauea – Grading permit 19 President Yoshito L’Hote Vice President Beryl Blaich Secretary Jeremy Burns Treasurer Gary Pacheco Sergeant-at-Arms Bill Chase PTSA Rep Adam Hadley Directors Stephenie Brown Thomas Daubert Adam Hadley Mike Latif Charlie Martin Don McConnell Jim O’Connor Ron Paul Carrie Souza Bill Troutman KĪLAUEA NEIGHBORHOOD ASSOCIATION PO Box 283, Kīlauea, Kauaʻi, Hawaiʻi 96754 www.kna-kauai.org | joekilauea@gmail.com Like us on Facebook: Facebook.com/kna.kauai July 24, 2019 Sean Mahoney, Chair Kauaʻi Planning Commission Kauaʻi Planning Department 4444 Rice St., Suite A473 Līhuʻe, HI 96766 RE: TMK(4) 5-2-04:066 Dear Planning Chairman Mahoney and Members of the Planning Commission: At the Kīlauea Neighborhood Association (KNA) meeting of July 2nd, 2019, we voted unanimously in favor of writing this support letter. Paul Barker is proposing to build a residence at lot 15 on Makana Ano Rd. in the Seacliff subdivision, in the special use area. We are thankful to Mr. Barker for putting up the story polls along with the renderings and allowed us a very accurate sense of what the residence visual impact will be. A majority of the board came out on July 1st and saw the story poles. We then voted at our July meeting unanimously in favor of writing this support letter. Thank you to the Commissioners and Planning Department for your attention and service. Respectfully, Yoshito L’Hote President Exhibit 5 Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org) Exhibit 5 Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org) Exhibit 6 Analysis of Goals and Policies of Sections 1.3 and 1.4 of the Kauai General Plan Proposed Farm Dwelling and Associated Improvements Lot 15 Makana Ano Place, Kilauea, Kauai TMK (4) 5-2-004:088 General Plan Section 1.3: Goal 1: Sustainable Island: Sustainability means growing responsibly to meet the needs of current and future generations without depleting important resources. Analysis: The proposed single-family home (plus ohana) is designed to be low-impact, low- carbon, and energy self-sufficient. Development is entirely within the proscribed building envelope (less than 20% of the total 5.11 acre property). The property is within an existing long- established neighborhood (‘Seacliff Plantation’) that was formerly part of the Kilauea Sugar Plantation. The home is designed to be energy self-sufficient via a solar micro-grid and will include charging infrastructure for Battery Electric Vehicles (BEVs) to help reduce greenhouse gas emissions. Natural, healthy, low-carbon products will be used in the construction of the home (such as wood framing, wood fiber/wool insulation, and cedar roofing). The home will be built to exceed building code standards with respect to energy efficiency, indoor air quality and structural capabilities. The design and material choices will help reduce greenhouse emissions over the lifespan of the home. It is a home designed to be durable, healthy and comfortable to live in for generations to come. Goal 2: A Unique and Beautiful Place: Kaua‘i’s people share responsibility, or kuleana, to care for and protect treasured resources, traditions, and qualities of the natural, built, and human environment. Analysis: Kauai’s unique and beautiful landscape led to careful consideration of the home’s aesthetics, siting and material choices. To further the historical, traditional and cultural understanding of the project, Nancy McMahon, Archaeologist, performed an Archaeological Field Inspection Report and prepared a Traditional and Cultural (Ka Pa’akai) Analysis. No historical nor site-specific cultural information was discovered. Goal 3: A Healthy and Resilient People: We seek to increase the resilience and vitality of Kaua‘i’s communities and promote better health outcomes through improving the natural, built, and social environment. Analysis: To increase the resilience and vitality of Kauai’s communities the home is designed to improve the natural, built and social environment. The home will be built using healthy, low- carbon materials (wood and wool insulation rather than foam for example). The owners reject the use of pesticides/herbicides of any kind on their property and plan to eradicate invasive species and reintroduce native flora and fauna. The home is designed to support multi- generational families and should provide well-paying construction and maintenance jobs. Goal 4: An Equitable Place, with Opportunity for All: We aim to foster diverse and equitable communities with vibrant economies, access to jobs and housing, and a high quality of life. Analysis: To foster diverse and equitable communities with a vibrant economy, the home will utilize on-island labor with wages that are well-above wages typically found in the tourism industry. Local materials will support additional non-tourism jobs that help diversify the economy and provide a livable income. General Plan Section 1.4: Policy #1: Manage Growth to Preserve Rural Character: Preserve Kauaʻi’s rural character by limiting the supply of developable land to an amount adequate for future needs. Prohibit development not adjacent to towns. Ensure new development occurs inside growth boundaries and is compact and walkable. Analysis: The subject property is part of the existing approved Seacliff Plantation development which includes approximately 48 lots on relatively large acreage (3 acres to 10 acres). This low- density development helps maintain the rural character of the area. As part of the approval process for the development, 75 acres of prime agricultural land were dedicated to the County (known as the Kilauea Agricultural Park). A further 100 acres were dedicated to the Kilauea Point National Wildlife Refuge (KPNWR) and an additional two lots sold to enlarge the Refuge. As such, Seacliff Plantation owners are indirectly responsible for significant improvements and preservation of the social and environmental welfare of the island. On the subject lot, less than 20% of the land is within the building envelope thus creating large setbacks from adjacent properties. Additionally, KPNWR enjoys an access easement across a portion of the lot. The Seacliff Plantation development is low-density and rural yet remains within short walking and biking distance to shopping, medical, commercial and recreational areas in downtown Kilauea. Seacliff Plantation offers public access for pedestrians, joggers and bicyclists. Policy #2: Provide Affordable Housing: Recognizing the extraordinary urgency, the County needs to plan for and help facilitate the building of approximately 9,000 housing units by 2035. Factors to consider include establishing: (1) a fair and effective housing ordinance; (2) adequate capital; (3) effective partnerships; (4) clear policy guidelines ensuring cost-effective and energy-efficient homes by design and location; (5) a strategy for providing adequate infrastructure for affordable housing; (6) a “housing first” approach to ending homelessness; and (7) a timetable for action, including a short-term strategy for developing 2000 affordable housing units in the first five years. Analysis: The owners support the goal of affordable housing and will help provide high-wage skilled design and construction jobs that are not reliant on the typically low-wage, cyclical tourism industry. Policy #3: Recognize the Identity of Kauai’s Individual Towns and Districts: Kauaʻi’s towns and planning districts are distinct, each with its own character, opportunities, and needs. This uniqueness must be celebrated, protected in Community Plans, and reinforced in development standards. Analysis: The owners recognize and appreciate the individuality of each district and town in Kauai. The Seacliff Plantation development is a portion of the former Kilauea Sugar Plantation which led to Kilauea town developing into a central residential and commercial hub for the North Shore. We believe the characteristics of this hub town should be nurtured and maintained. Policy #4: Design Healthy and Complete Neighborhoods: Ensure new and existing neighborhoods have safe roads and functional parks, as well as access to jobs, commerce, transit, and public services. Analysis: The owners strongly believe that healthy and complete neighborhoods are a necessity for a successful community. Kilauea is a prime example of a town that “has it all” with shopping, medical, commercial businesses located within a central hub with close access to many recreational opportunities. The mix creates a harmonious blend of social, commercial and residential properties that create a home-town feel. Policy #5: Make Strategic Infrastructure Investments: New government investment should support growth areas and include priority projects as identified in Community Plans. Analysis: Build-out of existing communities should be a goal for Kauai rather than continued expansion/sprawl. Projects (like the subject property) that enjoy existing non-publicly subsidized (ie, private) infrastructure (roads and utilities) within existing, established developments should be encouraged and prioritized. Policy #6: Reduce the Cost of Living: Reduce the combined costs of housing and transportation, which consume more than 60 percent of Kaua‘i’s average household income. Do this by connecting housing to jobs and by providing a diversity of housing types and affordable transportation options. Analysis: The owners strongly support reduction in the cost of housing and transportation. Policy #7: Build a Balanced Multimodal Transportation system: Reduce congestion conditions through strategic infrastructure improvements and increase multimodal transportation options. Analysis: The owners support efforts to build a balanced transportation system. Policy #8: Protect Kauai’s Scenic Beauty: Protect the island’s natural beauty by preserving the open space and views between towns. Analysis: The owners support maintaining Kauai’s scenic beauty and cultural heritage. To gain further understanding of the land, an Archaeological Field Report and a Traditional and Cultural Practices Analysis were completed. Policy #9: Uphold Kauai as a Unique Visitor Destination: Protect the identity of Kauaʻi’s visitor industry by focusing on revitalization and limiting new resort growth only to existing Visitor Destination Areas. Reduce visitors’ impacts on infrastructure and communities. Analysis: The owners support protection of the identity of Kauai’s visitor industry by limiting resort growth to Visitor Designation Areas. Policy #10: Help Business Thrive: Create and foster thriving commercial areas in Town Centers through improved infrastructure, civic space, streetscapes, updated zoning standards, and streamlined approval processes. Analysis: The owners will hire skilled labor and consultants to build the project. And as full-time residents, will patronize local businesses that do not predominantly cater to tourism. Policy #11: Help Agricultural Lands Be Productive: Support economic diversification and access to locally produced food by increasing the productivity and profitability of all forms of agriculture. Nurture small-scale farms, promote crop diversity, and form stronger public/private partnerships with farmers. Analysis: Through the 75 acre agricultural land donation, and continuing cooperation and support of the adjacent Kilauea Agricultural Park, Seacliff Plantation residents are helping bring formerly unused farmland back into production, reducing the need for imported food and improving economic sustainability. Policy #12: Protect Our Watersheds: Act with the understanding that forests, biodiversity, and water resources are fragile and interconnected. Restore and protect our watershed from mauka to makai. Analysis: The property will not introduce point loads that will negatively affect watersheds. There is an existing concrete drainage v-ditch on the lot that has proven to successfully withstand severe rain events such as the 2018 North Shore flood event. Policy #13: Complete Kauai’s Shift to Clean Energy: Mitigate climate change and reduce system-wide carbon emissions by at least 80 percent by 2050 through deep reductions in energy use and by transforming electricity, transportation, and infrastructure systems toward the use of clean energy. Analysis: The owners will install a solar micro-grid for complete energy self-sufficiency and use Battery Electric Vehicles for transportation for a 100% clean-energy home. Solar hot water will also be installed. Policy #14: Prepare For Climate Change: Prepare for impacts to the island economy, food systems, and infrastructure that will be caused by climate change. Analysis: The owners are building a durable and energy self-sufficient home with climate change impacts as a primary design consideration. The elevated location of the property and it’s setback from the shoreline makes it unlikely to be directly impacted by rising seas. Policy #15: Respect Native Hawaiian Rights and Wahi Pana: Perpetuate traditional Native Hawaiian rights and protect public trust resources and cultural sites in all land use development and activities. Analysis: With a desire to respect Hawaiian culture and practices and to help understand the history of the land, an Archaeological Field Report and Cultural and Historical (Ka Pa’akai) Analysis was prepared. No site-specific historical knowledge was discovered nor information of cultural significance was revealed about the property. Policy #16: Protect Access to Kauai’s Treasured Places: Protect access to and customary use of shoreline areas, trails, and places for religious and cultural observances, fishing, gathering, hunting, and recreational activities, such as hiking and surfing. Analysis: In furtherance of this policy, the subject property grants an access easement to the Kilauea Point National Wildlife Refuge. Additionally, Seacliff Plantation offers an open pedestrian gate that is regularly used for walking, running, bicycling etc so that there is full public access to all available lands within and adjacent to the development and subject property. Seacliff Plantation and it’s original owners donated 75 acres of prime farmland to establish the Kilauea Agricultural Park, as well as donating 100 acres of critical habitat lands to the Kilauea Point National Wildlife Refuge. Policy #17: Nurture our Keiki: Value youth as Kauaʻi’s most treasured resource. Provide them with safe communities, great schools and facilities, and financially sustainable jobs, housing, and transportation opportunities so they are able to seek livelihoods on Kauaʻi. Analysis: Through high-paying construction jobs, secondary employment via suppliers and contractors, and full-time patronage of on-island businesses, the owners will be doing their part to enable keiki to remain on-island and enjoy Kauai’s wonderful quality of life. Policy #18: Honor our Kapuna: Prepare for the aging of Kauaʻi’s population through housing, services, and facility improvements that meet the needs of elderly households. Analysis: The owners have designed their home, and purchased their lot with kapuna in mind. The home is located within walking distance of shops, medical offices and commercial businesses. The home is a single-story property designed for ease-of-living. Policy #19: Communicate with Aloha: Kauaʻi’s residents care about planning and decision-making. Government must share information, encourage input, improve public processes, and be responsive. Analysis: The owners believe in communication with all stakeholders - neighbors, citizens and regulators. Presentations to the Seacliff Plantation Architectural review board began in 2018. A further presentation to the Kilauea Neighborhood Association occurred in July 2019 and subsequently received their unanimous board approval. To obtain further understanding of the property and its history, a Pa’akai Analysis (Traditional and Cultural Practices study) and an Archaeological Field Report for the State Historic Preservation Division was commissioned. Exhibit 7 Analysis of the Goals and Policies of the North Shore Development Plan (NSDP) Proposed Farm Dwelling and Associated Improvements Lot 15 Makana Ano Place, Kilauea, Kauai TMK (4) 5-2-004:088 Goal A: To preserve the unique natural beauty of the North Shore Planning Area. Analysis: The proposed single-family, single-story farm dwelling has been thoughtfully-designed and been harmoniously placed on the project site. Exterior walls materials will utilize natural wood, stone and other materials in earthen-tone palettes. Roofing will be cedar shakes that will naturally weather. Native plants will be utilized in the landscaping of the property, while non- native invasive species will be eradicated. Goal B: To preserve the special rural charm of the North Shore Planning Area. Analysis: To maintain and preserve the rural charm, the only 7.2% of the 5.11 acre property will be disturbed while traditional design elements (e.g., double-pitch Dickey-style cedar shake roof) and materials (wood/stone) are planned, along with careful landscaping design. Goal C: To provide for the safety and welfare of the people, of their property in the North Shore Planning Area. Analysis: The project will be in compliance with applicable design rules and regulations. No loud noises will be permitted, nor work outside normal work hours. Goal D: To provide for the economic development for the North Shore Planning Area. Analysis: Project owners will source local materials and employ a local workforce during construction. Also, owners plan to be full-time residents and will contribute to the local economy and tax base over the long-term. Goal E: To preserve the wildlife and fauna, and the North Shore, recognizing man’s dependence upon this preservation for his own health and welfare. Analysis: Project owners will remove non-native invasive species and replant with native plants, utilize native materials, and plant an organic garden. Owners will not use chemical fertilizers or pesticides on the property. Goal F: To ensure the preservation of historic-archeological sites of the North Shore Planning Area. Analysis: The project owners commissioned both a Ka Pa’akai Analysis (Historical and Cultural Analysis) and an Archaeological Field Report by registered Archaeologist, Nancy McMahon. The reports concluded that nothing of historic, cultural or archaeological significance was found on the site. Goal G: To create a development for evolutionary growth that depends upon a planning process whereby conflicts can be resolved through the establishment of priorities and community participation. Analysis: Community participation will be encouraged at every step of the permitting process. Seacliff Plantation HOA and the Kilauea Neighborhood Association have given their unanimous approval of the proposed project. Public hearings will be held with the Planning Commission, allowing for full community participation Goal H: To provide for recreational opportunities that are compatible with the unique qualities and natural features of the North Shore Planning Area. Analysis: Development fees and property taxes can be used to fund local parks which provide necessary recreational activities for our keiki and help preserve native fauna and flora. Furthermore, as part of the original development, Seacliff Plantation developers donated 75 acres for the establishment of the Kilauea Community Agricultural Center (previously the Kilauea Agricultural Park) and also donated acreage to the Kilauea Point National Wildlife Refuge. Exhibit 8 Project Evaluation Pursuant to Use Permit Criteria Section 8-3.2(e) of Kauai County Code Section 8-3.2 (e) states: (e) Standards. (1) A Use Permit may be granted only if the Planning Commission finds that the establishment, maintenance, or operation of the construction, development, activity or use in the particular case is a compatible use and is not detrimental to health, safety, peace, morals, comfort and the general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the community, and will not cause any substantial harmful environmental consequences on the land of the applicant or on other lands or waters, and will not be inconsistent with the intent of this Chapter and the General Plan. (2) The Planning Commission may impose conditions on the permit involving any of the following matters: location, amount and type and time of construction, type of use, its maintenance and operation, type and amount of traffic, off-street parking, condition and width of adjoining roads, access, nuisance values, appearance of the building, landscaping, yards, open areas and other matters deemed necessary by the Planning Commission. Analysis: The proposed construction of a single-story single-family dwelling on an otherwise unimproved 5.11 acre lot in a long-established subdivision will maintain and preserve the rural character of the North Shore community that the General Plan seeks to maintain. At the same time, it is consistent with the General Plan’s strategy of concentrating North Shore development at Kilauea given Kilauea is the only North Shore community providing a full range of services. The proposed project’s specific location places it in an existing low-density, rural residential development with easy access to nearby urban infrastructure and commercial businesses in Kilauea. Therefore, the proposed project is consistent with the community values and intent of clustering new development around existing communities and neighborhoods as described in Chapter 2 of the General Plan, Vision for Kauai 2020. Chapter 3 of the General Plan, Caring for the Land, Water and Culture, sets policies relating to Heritage Resources including resources connected to ‘the visual experience of the environment’ (Section 3.1, General Plan). Section 3.1.1 Heritage Resources Map describes 'Heritage Resource Maps" appended to the General Plan which document natural, scenic and historic features of the island. The North Shore Planning District Heritage Resource Map identifies several cultural features proximal to the proposed project. Section 3.2.1 Policy provides in part: (a) In developing public facilities and in administering land use regulations, the County shall seek to preserve scenic resources and public views. Public views are those from a public place, such as a park, highway or along the shoreline. (b) The County shall observe the following general principles in maintaining scenic resources: (1) Preserve public views that exhibit a high degree of intactness or vividness. "Intactness" refers to both the integrity of visual patterns and to the extent to which the landscape is free from structures or other visually encroaching features. "Vividness" relates to the memorability of a view, caused by contrasting landforms which create striking and distinctive patterns. (Examples are the silhouette of Mt. Ha'upu against the horizon, views of Nonou Mountain from the valley and the coast, and the view of Hanalei Valley from the overlook.) (2) Preserve the scenic qualities of mountains, hills and other elevated landforms, qualities such as the silhouette against the horizon and the mass and shape of the landform. (3) Structures should not impede or intrude upon public views of the feature and should not alter the character of the immediate area around the land feature. Section 3.2.2 Rationale provides in part: As discussed herein, the intent is to preserve public views - i.e., views seen from a park, the beach, a road or some other public place. The term does not include private views - i.e., views from one's residence or other private property. (emphasis in original). As an example, consider a hill which is an important landmark for residents in the surrounding community ... If a person purchased the land and built a house high up on that hill, he would have a dominating view. But the owner's private view would be achieved at the expense of many other residents' and visitors' enjoyment and appreciation of the landscape. Of course, the owner should be able to build a house on property he purchased for that purpose. But he should not be allowed to site his house so that it interferes with an important local landmark. Instead, the County should provide clearly-stated land use regulations that require a formal view analysis and placement of structures in locations that do not have a significant impact on public views. Analysis: The proposed project will not impact any view planes specifically identified in the North Shore Plan and is largely hidden to neighbors and the general community due to the sloping topography of the site and the proposed grading plan that pulls the home into the hillside rather than projecting outwards from the terrain. The property sits low on Crater Hill, well-below and hidden from the nearest historic feature (WWII structure SIHP 50-30-04-1810). Other local features are described in the Archaeological Field Inspection Report, May 2020 as requested by the State of Hawaii Historic Preservation Division/Department of Land and Natural Resources (Clearinghouse Application – No. CL – 2019-035). The report concludes: “There will be no impact to nearby historic properties. Recommendation: No historic properties affected.” (Exhibit D) The nearest visible shoreline at Kilauea Bay (with an oblique view) is over one-half (½) mile to the east and the project will not impede public views of any prominent features or landmarks. Summary: The proposed use is consistent with the overall goal of Section 8.3-2 of the Kauai County Code. No long-term negative impacts to the physical or social environment are anticipated as a result of the proposed project. No valuable natural or cultural resource would be adversely affected or lost. No native ecosystems are present. No scenic resources are meaningfully impacted. No substantial harmful environmental consequences to the land or waters are anticipated and the proposed single-family dwelling is entirely consistent with the intent of General Plan. Exhibit J10Exhibit 10 Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org) $1,805,000 (See Exhibit 2) September 21, 2020 The Archaeological Field Report was submitted to SHPO (See Exhibit 4) No information on historic or archeological resources was discovered (See Exhibit 4) Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org) Lot 15 Makana Ano Place, Kilauea, KauaiEllen and Paul Barker 5-2-04-088 Exhibit J NA SP 1 SP 1 SP 1 Exhibit A NA SP 1 SP 1 SP 1 SP 1/A 03 L 01 SP 1 NA NA Exhibit AB 10 Exhibit 1 A 02/ A 03 A 02/ A 03 A 01/ A 04 Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A NA NA 1 1 1 Exhibits 6,7,8 1 Exhibits 6,8 1 1 Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org) LOT 15 5.11 ACRES KILAUEA, KAUAI, HAWAII 967544230 WAIPUA STREETCLAN ARCHITECTURE LLCBARKER RESIDENCESP1 KILAUEA, KAUAI, HAWAII 967544230 WAIPUA STREETCLAN ARCHITECTURE LLCBARKER RESIDENCEA03 KILAUEA, KAUAI, HAWAII 967544230 WAIPUA STREETCLAN ARCHITECTURE LLCBARKER RESIDENCEA04 KILAUEA, KAUAI, HAWAII 967544230 WAIPUA STREETCLAN ARCHITECTURE LLCBARKER RESIDENCEA05 KILAUEA, KAUAI, HAWAII 967544230 WAIPUA STREETCLAN ARCHITECTURE LLCBARKER RESIDENCEA06 KILAUEA, KAUAI, HAWAII 967544230 WAIPUA STREETCLAN ARCHITECTURE LLCBARKER RESIDENCEL01     SMA Permit Application  5079 Opelu Street Guest House & Garage  Hanalei, Kauai, HI  (4) 5‐5‐010:040                Prepared by:  Jon M. Kegle, Architect  Cogent Designs  On behalf of   Wilcox Family Limited Partnership  Owner    28 May 2020            Project Description  The property located at 5079 Opelu Street in Hanalei is a 8,300sf residential zoned (R‐4) lot with no  existing improvements.  Located at the end of a cul‐de‐sac, the adjacent lots on the street are all  residentially developed, leaving this the last vacant property on the street.  The proposed project consists of the construction of an open 479sf Garage area with 88sf of enclosed  Storage at grade, with a 500sf Guest House and 188sf open Deck at the upper story.  The intent of the proposed Guest House is to provide additional dwelling space on the property and to  minimize the building footprint required for the various building elements.  Property Information  The property is currently a vacant lot with open lawn with some overgrowth at the Eastern, property  line.  The topography is relatively flat but does gently slope off toward the Eastern property line.   A low‐ lying undeveloped property extends beyond the Eastern property boundary, with residentially  developed lots at the adjacent North and South neighboring properties.  Property Address: 5079 Opelu Street, Hanalei, Kauai, HI  Tax Map Key:  (4) 5‐5‐010:040  Lot Size:  8,300sf (0.1905 acre)  State and County Zoning Designations  The properties Zoning Designations are as follows:  • Entirely Urban by State Land Use Commission  • Entirely Residential (R‐4) by County of Kauai Comprehensive Zoning Ordinance (CZO)  • Entirely Residential Community by Kauai General Plan, North Shore Land Use Map  • Subject parcel lies within the Special Management Area (SMA).  Existing Structures and Uses  The property is currently undeveloped.  • The property and surrounding neighborhood are served with underground utilities.  An existing  transformer and utility pull boxes are located at the South‐West corner of the property.  • A water meter box is provided at the North‐West corner of the property.  Proposed Structures and Uses  The proposed Project is to construct a 2‐story structure with Garage and Storage at the lower level, and  500sf Guest House with open Deck space at the upper level.  A 2‐story Single‐Family Residence with  1,419sf of interior living space and 244sf of covered lanai is also proposed for the property and is  currently under review by the various County departments (Building Permit # 20‐524).  The proposed  Guest House will share an individual wastewater system, driveway, and parking with the proposed  Single‐Family Residence.  Refer to Appendix A for site plan and lot coverage information, and Appendix B for floor plans and  building elevations for the Proposed Garage and Guest House.  North Shore Development Area  The property lies within the North Shore Development Plan area.  The Proposed Garage / Guest House  will not conflict with any of the environmental, economic, or social goals of the North Shore  Development Plan and will be consistent with the aesthetic of rural Hanalei.  • Goals of the North Shore Development Plan  1. Preserve the unique natural beauty of the North Shore Planning Area  2. Preserve the rural charm of the North Shore Planning Area  3. Provide for the safety and welfare of people and their property within the North Shore  Planning Area  4. Provide economic development of the North Shore Planning Area  5. Preserve the flora and fauna of the North Shore Planning Area and recognizing the  dependence and human impact of the area.  6. Preservation of historic and archeological sites within the North Shore Planning Area  7. Create development and growth that establishes priorities and community participation  with proposed development projects.  8. To encourage and enhance the recreational opportunities which are unique to the  qualities and natural features of the North Shore  • The proposed Garage / Guest House is designed with a fairly traditional architectural style that  will integrate well into the established vernacular of Hanalei.  These elements of the  architectural design will not conflict with Goals 1 and 2 of the North Shore Planning Area.  • The proposed use will not negatively impact public safety or welfare, harm any endemic or  endangered species of plants or animals, nor will there be any harm to historic, archeological, or  recreational sites.  As such, the proposed use is in compliance with goals 3, 5, 6, and 8.  • The proposed use of the property as a dwelling does not create long term economic  development for the town of Hanalei, but does create temporary jobs in the construction  industry and potentially longer term jobs with property and landscape maintenance.  By  developing the property, it does increase the tax base for the island community as a whole.  As  such, the proposed use is in accordance of goal 4.  • By complying with the Special Management Area permitting process, the community will have  an opportunity to participate during the public presentation of the project to the Planning  Commission, and thus fostering the community involvement of goal 7.  • Due to the Project site being within an established neighborhood and not along the shoreline, it  does not offer opportunities for the enhancement of the primarily beach and shoreline related  recreational activities of Hanalei.  Kauai General Plan Vision and Goals  The General Plan outlines 4 specific goals:  1. Sustainability and responsible growth  2. Kuleana for the land, resources, and traditions of Kauai  3. Resilience and Vitality of the Community  4. A diverse and equitable quality of life for the Community  The proposed Project is in compliance with long term goals of the General Plan, as follows:  1. Sustainability and responsible growth are achieved through an effort to minimize the building  footprint by placing the Guest House occupancy above the Garage and Storage area.  In  addition, the pending Single‐Family Residence is also partially a 2‐story structure of modest size.   This addresses the need for additional housing, within the urban context of Hanalei town, with  minimal impact to the natural environment, resources, or infrastructure.  2. Kuleana for Kauai is represented in this proposed Project through the similar goals of  sustainable and responsible growth by minimizing the building footprint.  The fairly traditional  architectural design is consistent with the surrounding neighborhood.  The urban context of the  project site, in Hanalei town, does not offer many opportunities for habitat to endangered or  endemic species of flora or fauna.  With the flood prone nature of Hanalei and fairly high water  table, extra steps are being taken with the individual wastewater system to ensure that  wastewater is more than adequately treated before allowing it to leach into the soil.  3. The proposed Project fosters the notion of a resilient and vital community primarily through the  proposed use of the structure and location.  Hanalei town is one of the few truly “walkable”  communities on Kauai.  By providing an additional dwelling within the urban context of Hanalei,  the goal of a healthy community by providing much needed additional housing within an area  where a wide variety of recreational and commercial activities are easily accessible by foot or  very short driving distances.  4. Diversity and an equitable quality of life for the community is also integrated into the project  site and development.  Both the proposed Garage / Guest House and the pending Single‐Family  Residence are both very modest in design and budget, and intended for long term occupancy by  kama’aina families.  Kauai General Plan Policies to Guide Growth  The General Plan outlines 19 specific guiding policies for Growth:  1. Manage Growth to preserve rural character  2. Provide local housing  3. Recognize the identity of Kauai towns and districts  4. Healthy and complete neighborhoods  5. Strategic infrastructure investment  6. Reduce cost of living  7. Balanced transportation system  8. Protect scenic beauty  9. Uphold Kauai as a unique visitor destination  10. Help businesses thrive  11. Help agriculture lands be productive  12. Protect watersheds  13. Clean Energy  14. Prepare for climate change  15. Respect Native Hawaiian rights  16. Protect access to treasured places  17. Nurture keiki  18. Honor Kupuna  19. Communicate with Aloha  The scope of work for the proposed Project is in accordance with the General Plan Policies to the extent  to which they are applicable.  The Project is modest in Scope, and thus doesn’t offer an opportunity to  contribute to all the growth policies.  The Project is in accordance with the Policies as follows:  1. The Project contributes to growth management and preservation of Kauai’s rural character  through both the location of the site and the nature of the project.  The project site is located  within the core of Hanalei town in an established neighborhood, and thus maintains the policy  of concentrating development to within existing urban areas.  2. The Project proposes to contribute to local housing by creating a modest dwelling that is  intended for long term rental.  3. Hanalei, like all Kauai towns, possesses its own charm and character.  The architecture of the  proposed development is well within the established design aesthetic of Hanalei town.  4. Hanalei town is a very walkable community with pedestrian access to recreation, commerce,  churches, and schools.  The proposed Project takes advantage of that walkability by providing  another dwelling within an established neighborhood.  5. The proposed Project scope is not such that it can, or requires, infrastructure investment.   Access and utilities to the property and surrounding areas are developed and adequate to  service the proposed Project.  6. By developing the property with a modest scope, size, and construction budget, the proposed  Project can contribute to the local housing issues by being able to offer the property at an  affordable rental rate.  7. The limited scope of the proposed Project doesn’t provide for improvements to existing  transportation systems, nor have a negative impact upon the existing systems.  8. The proposed Project does not negatively impact scenic views from within Hanalei town.  The  design of the Garage / Guest House and pending Single‐Family Residence is such that it can take  advantage of the view across the undeveloped property behind the subject parcel and does not  interfere with views from neighboring properties or public spaces.  9. The proposed Project as a residential property does not contribute to the visitor industry, but is  in keeping with the style and character of Hanalei that draws visitors to enjoy its charm.  10. The proposed Project is located within the existing town of Hanalei.  The project being  residential in nature does not contribute directly to job growth or economic development.  11. The proposed Project is located on a small, urban lot within Hanalei town and does not offer  significant agricultural use.  12. The proposed Project does not include within its scope any development which would cause a  negative impact upon the watershed or natural ecosystems of the Hanalei area.  13. One of the goals of the architectural design is to allow for an adequate South‐facing roof area  for a potential photovoltaic energy system in the future.  14. The proposed Project site lies within Flood Zone AE‐12, and Hanalei has been subjected to  several significant flooding incidences over the past several years.  The structure’s design is in  compliance with the Flood Zone AE construction requirements to mitigate potential flood issues.   The Project site lies approximately 575’ from the shoreline.  A topographical survey has been  performed for the property and the grade elevations range from 8’‐9.5’ above mean sea level at  the building footprint area and drops off to about 7’ to the Eastern portion of the property.  15. The project site does not include sensitive areas for the perpetuation of traditional Hawaiian  cultural practices or activities, nor does the proposed use discourage or negatively impact  traditional activities.  16. The Project site being in a residentially developed area, and not along the shoreline, does not  offer, encroach upon, or impede access to public recreational spaces, cultural, religious, or  shoreline activities.  There are no known areas of cultural significance on the property, or  accessed through the property.  17. The proposed Project fosters keiki development and kupuna care as the Project would establish  a residential unit intended for kama’aina families within a neighborhood setting, with  convenient access to schools, commerce, recreation, and family related activities.    The property lies within the Residential Community designation of the Kauai General Plan.  • The policy goals of the Residential Community designated areas are as follows:  1. Establish predominantly low to high density residential areas within towns.  2. High density residential uses of 10 units per acre or higher are confined to areas  serviced with wastewater collection and major roadway access.  3. Non‐residential uses as established through zoning to provide convenient access to  goods and services, increasing livability of the residential communities.  • The proposed use is compatible with the General Plan policies for the low‐density (R‐4) zoning  of the subject property.  Parking requirements of two spaces for the pending Single‐Family  Residence  and one space for the Guest House are provided.  Special Management Area (SMA)  SMA Considerations:  • Public Access and Coastal Resources:  The Project site does not include, or offer, public recreational activities and thus the  proposed development will not impact any public recreational activities in the vicinity of  the Project site.  Hanalei Pavilion and Beach Park is located approximately 500’ away by  foot and offers public beach access.  Execution of the proposed Project would not  impede any public beach access points.  • Cultural and Historic Considerations:  The proposed Project will not have any significant impact on cultural, historic, or  archeological resources.  The Applicant will protect, report, and preserve any historic  resources that may be discovered through the course of development.  • Coastal Hazards:  Subject parcel lies within Flood Zone AE‐12, based on FEMA FIRM Panel 150002 0055 E,  effective date September 16, 2005.  Building construction will be in compliance with all  requirements of the AE Flood Zone.  • Coastal Ecosystems:  Being located in Hanalei town, the Project site is part of the coastal ecosystem.   However, the proposed Project is not adjacent to the shoreline and will not have any  significant impact on the coastal ecosystem.   The neighboring, low‐lying undeveloped  property to the East of the project site should not see any negative impacts from the  site development.    • Scenic and Open Space Resources:  The surrounding neighborhood is well established with an array of homes, and the  subject property is perhaps the last vacant lot in the neighborhood.   Thus, no public  Scenic or Open Space Resources are negatively impacted by the proposed site  development.  Summary of Permits Required  Special Management Area Permit:  • Refer to the attached Special Management Area Assessment form for information regarding the  social, economic, and ecological impact of the Proposed Garage / Guest House.  • Presentation and review with the Planning Commission and an opportunity to address any  community concerns regarding the proposed use of the property.    Building Permits:  • Typical Building Permit as issued by the County of Kauai Public Works, Building Division in  compliance with the International Residential Code, 2006 edition, as adopted by the County of  Kauai.  • Class 1 Zoning Permit.  Existing and Proposed Land Use  Currently, the property is classified as low density Residential, R‐4.  The Proposed Garage / Guest House,  nor the pending Single‐Family Residence, qualify for any Commercialized uses or occupancies.  • There are no existing land or occupancy use violations on the property.  Conclusion  Based on the foregoing evidence of compliance with the Kauai General Plan, North Shore Planning Area,  and all County and State Zoning regulations, the Applicant respectfully requests the Planning  Commission to grant the Use and Class 1 Zoning permits sought herein and to allow for the construction  of the proposed Garage / Guest House to accompany the pending Single‐Family Residence.                  Jon Kegle, Cogent Designs  Architect and acting as Authorized Agent for the Owner, Wilcox Family Limited Partnership     Appendix A    Site Plan     Appendix B  Building Plans & Elevations  Floor Plan : 1st Story316" = 1'-0" Floor Plan : 2nd Story316" = 1'-0" Building Elevation : West18" = 1'-0"Building Elevation : North18" = 1'-0"Building Elevation : East18" = 1'-0"Building Elevation : South18" = 1'-0" DRAWING INDEX PROJECT INFORMATIONGENERAL NOTES SYMBOLS LEGEND ABBREVIATIONS ZONING INFORMATION SCOPE OF WORK BUILDING AREA FLOOD ZONE INFORMATION Photo 1 Photo 2 Photo 3 Photo 4 Photo 5 Photo 6 CADES SCHUTTE LLP MAUNA KEA TRASK 8418-0 3136 Akahi Street,Suite A Lihu'e,HI 96766 Telephone:(808)521-9297 Fax:(808)540-6015 Attorneys for Petitioner HBR ENTERPRISES,LLC 20 0£;r26 /;y:24 Hc,;,,, BEFORE THE COUNTy OF KAUA'I PLANNING COMMISSION STATE OF HAWAI'I Petition for a Declaratory Order Regarding Noncompliance with the Comprehensive Zoning Ordinance and Variance Application Permit V-72-11. Docket No. HBR ENTERPRISES LLC'S PETITION FOR A DECLARATORY ORDER REGARDING NONCOMPLIANCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND VARIANCE APPLICATION PEEMITV-72-11 MEMORANDUM IN SUPPORT VERIFICATION OF PETITION DECLARATION OF MAUNA KEA TRASK EXHIBITS "1"-"20" CERTIFICATE OF SERVICE PETITION FOR DECLARATOEY ORDER REGARDING NONCOMPLIANCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND VARIANCE APPLICATION PERMIT V-72-11 COMES NOW Petitioners DENNIS R.SCIOTTO AND CAROL ANN SCIOTTO as TRUSTEES OF THE DENNIS R.SCIOTTO AND CAROL ANN SCIOTTO COMMUNITy PROPERTY TRUST,EDWARD E.COLSON,III and KAREN JEANNE COLSON as TRUSTEES OF THE COLSON FAMILY TRUST owners of Unit 16A and HBR ENTERPMSES,LLC,a Hawai'i Limited Liability Company,and long term lessee of Unit 16A (collectively "Petitioner"or "HBR Enterprises"),by and through counsel,Cades Schutte LLP,and respectfully submits its Petition for a Declaratory Order (the "Petition"),pursuant to Chapter 10 (1-10-1 &1-10-2)of the Rules of Practice and Procedure of the Kauai Planning Commission ("Conuiussion Rules")and Hawaii Revised Statutes ("HES")§91-8. I.PETITION FOR DECLARATORY ORDER REGARDING NONCOMPLIANNCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND VARIANCE APPLICATION PERMIT V-72-11. Pursuant to the Coniinission Rules,the forin and contents required for the Petition for Declaratory Order are as follows: 1,2,3.Name,Address and Telenhone Number ofPetitioner Name:HBR Enterprises,LLC c/o Cades Schutte,LLP,3135 Akahi Street,Suite A Lihu'e,HI 96766 Telephone:(808)621-9297 4.Sienature of Petitioner. This Petition is signed by Petitioner's counsel,who is authorized to sign on behalf of Petitioner.A letter of authorization is attached hereto as Exhibit 1. 6.A desienation ofthe specific statutorv provision,rule.or order in auestion.toeether with a statement ofthe controversv or uncertainty involved. The permit in question is "Variance Application Permit V-72-11 Apartment Use,Hanalei,Kauai (Hanalei Beach &Racquet Club)"(V-72- 11").See,Exhibit 2.V-72-11 permitted General Hawaiian Development Corporation ("GHDC")to develop the Hanalei Beach &Racquet Club (the "Club")a 134 unit apartment complex centering around a beach and racquet club.V-72-11 was issued pursuant to the Order of the Kauai Planning Commission (the Coinnussion )after hearing on July 6,1972 under the provisions of the Interim Zoning Ordinance (IZO").The specific statutory provisions of the IZO that are relevant to this proceeding are Sections 2,3, and 6. Little inore than a nionth after V-72-11 was granted,the Kauai County Council passed the Comprehensive Zoning Ordinance ("CZO")on August 17, 1972.The CZO became effective September 1,1972 and is still in effect today.The CZO placed the Club within the R-10 zoning district.The provisions of the CZO that are relevant to this proceeding are:Article 3, including but not limited to Sections 8-3.1,8-3.2,8-3.3,and 8-3.6;Article 4, includmg but not limited to Sections 8-4.1,8-4.2,8-4.4,8-4.5,8-4.6,8-4.7,and 8-4.9;Article 6,including but not limited to Sections 8-6.1,8-6.2,8-5.3,8-5.4, and 8-6.6;Article 13,including but not limited to Sections 8-13.1,8-13.2,and 8-13.3;and Article 17,including but not limited to,Sections 8-17.1,8-17.2,8- 17.3,8-17.4,8-17.6,8-17.6,8-17.7,8-17.8,8-17.9,and 8-17.11. Currently the Club is known as the Hanalei Bay Resort (the "Resort"). The controversy or uncertainty involved in this Petition relates to the specific use permitted under V-72-11 and whether the current use of renting out individual lockout portions ofthe respective 134 apartment units exceeds the rights granted under V-72-11. 6.A statement ofthe uetitioner B interest in the subiect matter,includine the reasons for submission of the petition. Petitioner HBR Enterprises,LLC,dba Bali Hai Restaurant and Happy Talk Lounge ("Bali Hai")is a long term lessee of Unit 16-A within the Resort located in Princeville,Kauai.HBR Enterprises,LLC operates a restaurant business as allowed under V-72-11.HBR Enterprises has a direct interest in ensuring that Hanalei Bay Resort is complying with its legal obligations under V-72-11,the Resorts governing documents,and the Protective Covenants,Charter of Incorporation and Bylaws of the Princeville at Hanalei Community Association ("PHCA"). When V-72-11 was granted the Commission specifically approved GHDC's application for Hanalei Beach and Racquet Club as an "Apartment Use"of the property.The Commission did not approve the use of the Project as either a "hotel use or hotel-apartment use,and from 1972 to approximately 2020 the Department consistently maintained that the rental of individual lockout portions of the apartinent units was not an allowable use. However,recently the Department has abruptly changed course and now allows the transient rental of the individual lockout portions of the apartment units as a grandfathered use"because of the apartment's design. See,Exhibit 3.The allowance of individual rental of the internal apartment rooms has created an extreme parking deficiency for the project and the original one-for-one parking standard for the apartment units utilized by the Department with extra parking &r employees and special tennis events is not sufficient to accommodate the increase in units attributable to the allowance of renting lockout portions of the apartnient units. HBR is seeking a Declaratory Order from the Commission that the rental ofindividual lockout rooms within each ofthe 134 approved apartment units is not allowed under V-72-11 and therefore is not a grandfathered use under the CZO. 7.Statement of Petitioner's Position. Petitioner's position is that V-72-11 originally permitted the Club as a residential multi-dwelling "Apartment Use"centered around a recreational tennis and beach club that supplemented the general plan for Hanalei and enhanced the stature of the Princeville recreational community.Although the Club was originally permitted under the IZO as a variance,V-72-11 did not allow the rental of the individual lockout rooms within the respective apartment units.Despite the original apartment design including separate entrances and internal lockouts,the Commission never granted the "use"of these individual internal roonis as transient vacation rental units,hotel units,or otherwise.This is evidenced by numerous letters from the Department from 1973 to 2017 indicating that such use was not allowed. Pursuant to Kauai County Code ("KCC")Section 8-2.4(f)(6)hotels are not allowed within the R-10 zoning district. 8.Memorandum in Support Containine the Reasons and Leeal Authori- ties in Sunuort of the Petition. Petitioner's Memorandum in Support of the Petition is attached herewith. 6 DATED:Lihu'e,Hawai'i,October 22,2020. MAUNA K^A TRASK Attorneys for Petitioner HBR ENTEPRISES BEFORE THE COUNTy OF KAUA'I PLANNING COMMISSION STATE OF HAWAI'I Petition for a Declaratory Order Regarding Noncompliance with the Comprehensive Zoning Ordinance and Variance Application Permit V-72-11. MEMORANDUM IN SUPPORT OF HBR ENTERPRISES LLC'S PETITION FOR A DECLARATORY ORDER REGARDING NONCOMPLIANCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND VARIANCE APPLICATION PERMITV-72-11 MEMORANDUM IN SUPPORT OF HBR ENTERPRISES LLC'S PETITION FOR A DECLARATORY ORDER REGARDING NONCOMPLIANCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND VARIANCE APPLICATION PERMIT V-72-11 Petitioner HBR Enterprises,LLC ("Petitioner"or "HBR Enterprises")respectfully submits this Memorandum in Support of its Petition for a Declaratory Order Regarding Noncompliance with the Comprehensive Zoning Ordinance and Variance Application Permit V-72-11 (the Petition")pursuant to the Rules of Practice and Procedures of the Kaua'i Planning Commission. I.PRELIMINARY STATEMENT The Hanalei Beach and Racquet Club (the "Club")opened in 1978 under the project name "Hanalei Bay Resort"(the "Resort").See Exhibit 4, II.1.When it first opened it was the jewel ofKaua^i","but three decades of developer mismanagement had left it with climbing delinquencies,depleted reserves,and 15 years of deferred renovations."See Exhibit 5.Then in the early evening ofJuly 1,2011 a fire erupted within the common areas of the Resort forcing the closure of the restaurant,bar,front desk,convenience store,and fitness center.Id.As a result,the Resort had to contend with a multimillion dollar insurance claim and major reconstruction project on top of everything else including their financial troubles.Id. In November 2012,the Resorts Vacation Owners Association ("VOA") held a meeting with the Resort's condominium association,the Association of Apartment Owners (AOAO ),to discuss common concerns and long-term plans.Id.Both associations stated they desired the reopening the areas damaged in the fire,establishing proper reserve funding,and reviving the resort s reputation as one of the most desirable properties in Princeville.Id. In February 2013,the Resort contracted with Grand Pacific Resorts,a California based tiineshare Manageinent Conipany at which both associations looked towards for financial advice.Id.By 2015 the VOA was in the black,able to fund a healthy reserve keeping theni well position for years to come.Id.As a result,both the AOAO and VOA were able to address their other goals with respect to the Resort's common areas.In 2015,AOAO President Michael Rembis attributed the Resort's renaissance to the strong partnership between the AOAO and the VOA.Id.However,in their pursuit for financial success and ever increasing profit margins,the Resort's sister associations lost sight of the original permitted uses of the Club and how the deviation from the uses allowed under V-72-11 negatively impacted the Club facilities its owners and the Princeville community. This Petition is brought under Chapter 10 of the Rules of Practice and Procedures of the Planning Commission (the Coininission Rules"). Petitioner respectfully requests that the Commission issue a declaratory order finding:1.the rental ofindividual rooms within each ofthe apartment units is not allowed under V-72-11 and therefore is not a grandfathered use under the CZO. II.BACKGROUND 1.Permitting History. Hanalei Bay Resort (the Resort )is the project naine for the Hanalei Beach &Racquet Club a condominiuin development located on a 19.174 acre parcel in Princeville,Kauai (TMK (4)5-4-011:003 HPR 0001 thru 0137).See Exhibit 6.The Resort property is split zoned with 13.4 acres in the R-10 zone and the balance in the Open zoning district. On April 28,1972,General Hawaiian development Corporation ("GHDC )submitted a variance application under Section 6 of the Interim Zoning Ordinance (IZO")seeking approval to develop the Hanalei Beach & Racquet Club (the "Club")a 132 unit apartinent coniplex centering around a beach and racquet club.See Exhibit 7.GHDC represented that the Club would have 2 swimniing pools and 11 championship tennis courts,including an exhibition "center court"located in front of the Club.Id.GHDC proposed to provide parking for 150 cars near the entrance of the property.Id.In justifying the variance,GHDC represented that the Club was designed to supplement and compliment the general plan for Hanalei;it would be a major center for tennis activity on both amateur and professional levels,was ideally suited to enhance the stature of the Princeville recreational community and the variance would therefore be in the public interest.Id. While the variance application was pending both GHDC and the Planning Department (Department )were aware that the new Comprehensive Zoning Ordinance ("CZO")would be passed by the County Council.An undated Departnient staff report notes that the proposed zoning for the Club property was R-10.See Exhibit 8.According to a notation on said staff report a communication dated May 23,1972 revised the plot plan and density for the Club to 10.0 units/acre for a total of 134 units which was consistent with the proposed R-10 zoning ofthe Club property.Id. According to the June 2,1972 Staff Report,the proposed development density of 10 units per acre was in compliance with the density set on the master plan for Princeville.See Exhibit 9.As such,a maximum of 134 units was possible on the 13.4 net acres leaving approxiinately 6 acres in open space.Id.The living units of the project included 60 studios,12 three- bedroom units and 62 two-bedroom units in two and three-story structures. Id.The proposed development would also include a clubhouse containing a variety of uses such as a pro shop,dining rooms,bars,shops,offlces,a locker room with a sauna,and a lounge.Id.However,the Department stated that the parking required for the proposed project was 228 spaces and only 160 spaces were provided,a deficiency of 78 parking spaces.Id.Nonetheless,the Department reconimended granting the proposed variance subject to five conditions,including resolving the parking deficiencies.Id. On June 6,1972,the CZO was introduced by council man Ralph S. Hirota to the County Council.See Exhibit 10.The next day,on June 7,1972, the Commission held a hearing on V-72-11 during which they discussed the parking issue.See Exhibit 11. After the June 7th Commission hearing GHDC worked with the Department to resolve the parking deficiency.GHDC submitted a revised parking plan along with nuinerous letters explaining how the revised parking plan complied with the Departnient and Conimission's requirements.See Exhibit 12.In their communications GHDC's architects explained that their understanding was that the project is to be zoned as a inultiple dwelling district and that the parking required for the Club should be based on the one-for-one parking requirement for dwelling units while also recognizing that additional parking should be provided for the staff required to maintain the grounds and Club facilities.Exhibit 12,letter dated June 9,1972. However,because of the nature of the exhibition tennis facilities GHDC would expect occasional exhibitions of interest to the Prineville community and general Kauai community.Id.To accommodate these apecial tennis occasions GHDC proposed temporarily allocating the greater percentage of the paved parking area to theater-type parking and further recommended that grass areas adjacent to the paved parking be prepared with a gravel base course in order to provide additional over-flow parking.Id.This parking proposal was illustrated on a parking plan dated June 7,1972 and submitted June 21,1972,which showed a total of 249 parking spaces, including 180 paved parking stalls and accommodation for the lawn parking of 32 vehicles and theater parking for 37 vehicles,See Exhibit 13. At its next hearing on July 6,1972,the Commission approved variance application V-72-11 based upon the Planning Director's representation that the parking scheine now meets the requirement of the Departnient's standards.See Exhibit 14.On July 14,1972,the Department sent to GHDC the written permit for "Variance Application V-72-11 Apartment Use, Hanalei,Kauai (Hanalei Beach and Racquet Club)."See Exhibit 2.A little over a month later the County Council approved the CZO and Mayor Antone 6 Vidinha signed the same into law on August 17,1972.Per the terms of the ordinance the CZO shall take effect September 1,1972.See Exhibit 10. Thereafter,over the course of the following decades,GHDC made numerous inquiries with the Department regarding the zoning of the Club and the uses allowed under V-72-11.In a letter dated July 7,1976,Planning Director Brian Nishimoto informed GHDC that the Club was zoned Residential District R-10 and although nothing contained in the CZO would prohibit short-term occupancy of an apartment unit,like a day,the variance application requested apartments centered around a beach and racquet club. See Exhibit 16.Nowhere in his letter did Director Nishimoto indicate that the rental of individual lock-out portions of the apartment units was allowable. On June 6,1989,Department Planner Brian Mamaclay sent a letter to William Wessler stating the short-term rental or time share of the condominium units was an allowable use.See Exhibit 16.However, Mamaclay stated that the Department had observed that there is a potential that the project could be operated both as a residential project (rooms rented with kitchens)and hotel (rooms rented without kitchen facilities).Id.This dual function,according to Mainaclay,would be a violation of the existing R-10 zoning ofthe property and would exceed the density of 134 units which were approved thereon. On November 6,1996,Planning Director Dee Crowell wrote a letter to Rick Wall stating that the rooms rented at Hanalei Bay Resort should not consist of more than 134 resort apartment-condominium units,and that any attempt to rent individual bedrooms or lock-out units independently of the main dwelling or condominium-apartment unit would be considered an illegal activity.See Exhibit 17. On November 20,2016,Planning Director Michael A.Dahilig signed a declaration affirming that he read the aforementioned 1995 letter from Planning Director Dee Crowell and that the position provided in said letter still accurately reflects the Department s position.See Exhibit 18. It is clear from the Department s own record and files that from 1972 to approximately at least 2016 the Kauai Planning Department ("Department") maintained that the individual lockout rooms within the respective apartment units could not be rented individually as hotel or transient vacation units. 2.TheAugust2017Notice On or about 2017,the Department began receiving complaints of non- compliance with V-72-11.See Exhibit 19.The Department conducted field inspections ofthe Resort on June 27,2017 and July 11,2017 and determined that two Permit Compliance Violations existed.First,the Resort did not provide the required 249 vehicular parking spaces.Second,the Department 8 noted that the individual apartment dwelling unit bedroom areas were being offered and rented out as sectional accommodations which in effect created 280 individual rental units,exceeding the maximum unit density for the property by 146 units.As a result the Department issued a Permit Compliance Violation &Zoning Compliance Notice on August 9,2017 (the "Violation Notice").In the Violation Notice the Department directed the Resort to coruply with the following requireinents immediately: a.Cease rental and use of the bedroom areas of all units as separate dwelling units.Remove from the secondary bedroom exterior access doorways the individual room number marquis within 45 days[.] b.Remove all "installed equipment"from any and all bedroom areas within 45 days[.] c.Remove the gated control points to allow for access to all parking areas for use by patrons,unknit owner/renters and employees of the permit- ted uses associated with the Variance Application Perinit. d.Provide the Department with a remedial plan to address the lack of and provisions for the minimum required parking stalls within 45 days of this notice. The Resort never appealed the Violation Notice and instead elected to work with the Department to resolve the violations.Over two years later on December 3,2019,the Resort entered into a Compliance Plan and 9 Remediation Agreement that purported to resolve the Violation Notice.See Exhibit 20.With regard to item a"above the Department found that through further investigation and review of all issued permits that the Variance Permit application plan presentation,building permitted plans and hence construction of the Units is in accord with the existing floor plans with designed lockout bedroom areas,and the Department required all apartment units to not have more than one (1)kitchen as permitted.The Department never stated that the "use"of the lockout bedroom areas as individual rental units was permitted,only that their construction and design were. 3.The 2020 Director Declaration. Despite the purported settleinent of the Violation Notice,in failing to specifically address and confirm the long recognized illegal use of the lockout rooms as individual rental units,the Department had created an ambiguity as to whether or not such use was permitted.Then on October 19,2020,the Planning Director,contrary to over 40 years of Department precedent, declared that because the Resort's lockout designed bedrooms were approved prior to the adoption of the CZO,the use of renting a separate bedroom as a lockout was perinissible under Kauai County Code Section 8-13.1.See Exhibit 3. 10 III.LEGAL STANDAED According to Chapter 10,upon petition by an interested person setting forth the "specific statutory provision,rule or order in question,together with a statement of the controversy or uncertainty involved,"the Commission may "issue a declaratory order as to the applicability of any statutory provision or of any rule or regulation or order of the Commission."Commission Rules l-10-l(a),1-10-2(6). Unlike other types of land use approvals or permits,a variance "permits a landowner to use his property in a manner forbidden by ordinance or statute[.]"Neighborhood Bd.No.24 (Waianae Coast)v.State Land Use Comm'n,64 Haw.265,270-271,639 P.2d 1097,1102 (19823).Accordingly, "[t]he general rule is that variances and exceptions are to be granted sparingly,only in rare instances and under peculiar and exceptional circumstances."8 McQuillin,The Law ofMunicipal Corporations §26:179.32 (3d ed.July 2018)(footnotes omitted).The general rule is important because "[o]therwise,zoning regulations would be einasculated by exceptions until all plan and reason would disappear and zoning in effect would be destroyed." Id.(footnote omitted).A variance should be strictly construed and granted only in cases of extreme hardship where the statutory requirenients are present."Id.(footnote omitted).Thus,"because a variance affords relief from the literal enforcement of a zoning ordinance,it will be strictly construed to 11 liniit relief to the mininiuin variance which is sufficient to relieve the hardship"and "[a]board should not grant greater than minimum necessary to afford relief."Id.(footnote omitted). The CZO treats nonconforming buildings and structures separately from nonconforming uses.Under Section 8-13.1 (a)Buildings and structures that do not conform to the regulations established by this Chapter and which lawfully existed prior to or on September 1,1972 or any subsequent amendment may be maintained,transferred and sold,provided that the Planning Commission may,after hearing,order the termination of a nonconforming use that creates substantial danger to public health or safety. Under Section 8-13.2 (a),a nonconforming use of land,buildings,or other structures may continue to the extent that the use existed on September 1, 1972 or any amendment hereto,as provided in this Section,provided that the Planning Commission may,after hearing,order the termination of a nonconforming use that creates substantial danger to public health or safety. Hawaii Revised Statutes ("HRS")§46-4 (a)provides,inter alia,that no ordinance shall prohibit the continued lawful use of any building or premises for any trade,industrial,residential,agricultural,or other purpose for which the building or premises is used at the time this section or the ordinance takes effect;provided that a zoning ordinance may provide for eliinination of nonconforniing uses as the uses are discontinued,or for the 12 amortization or phasing out of nonconforming uses or signs over a reasonable period of tinie in conimercial,industrial,resort,and apartnient zoned areas only."Lawful use"and "previously lawful",as used in [§46-4]and land use ordinance,respectively,refer to compliance with previous zoning laws,not the building codes or other legal requirements that may be applicable to the construction or operation of a structure.Waikiki Marketplace Inv.Co.v. Chair of Zoning Bd.Of Appeals of City &County of Honolulu,86 H.343 (App.),949 P.2d 183. IV.DlSCUSSION 1.Land Use Under the IZO. The IZO was a very strict land use ordinance that was promulgated pending the fornial adoption of a Coruprehensive Zoning Ordinance and map. IZO Section 2.Under IZO Section 3,no land or building shall be used except for one or more ofthe following uses:1.One-family dwellings;2.Hospitals, sanitariums,and/or convalescent homes (under certain restrictions); 3.Publically owned buildings;4.Public utility uses;5.The expansion of existing parks,playgrounds,or conimunity centers owned or operated by either private or governmental agencies;6.Golf Courses;and 7.Agricultural uses.Any inference that land use and development on Kauai prior to the CZO was a free for all or was somehow inore lax than under the CZO is 13 r unfounded.In fact more land use and development rights were permitted under the CZO than the IZO. If anyone wanted to develop and use property beyond any of the seven uses explicitly provided in the IZO,they had to apply and receive a variance. Under IZO Section 6,in any particular case where strict compliance with the provisions of the IZO would cause practical difficulty or unnecessary hardship an applicant may file a written application with the Commission for a variance from the restrictions imposed setting forth therein the description of the property,the regulations affecting it and the conditions justifying such a variance.Upon a finding by the Commission at the completion of the hearing that the application presents a situation wherein strict enforcement of any provision of the IZO would involve practical difficulty or unnecessary hardship,and further,that desirable relief may be granted without being detriinental to the public interest,convenience and welfare,a variance permit may be issued to such applicant on such terins and conditions and for such period oftinie as the facts niay warrant. 2.V-72-11 did not permit rental of individual lockout rooms. The Commission specifically granted GHDC's request for a 134 unit apartment use.Strictly construed (as required by the IZO),the use of individual lockout rooms within the respective 134 apartment units is not a 14 .//""•• lawful use under V-72-11 This is clear in reviewing all relevant records and files.Even a non-strict construction would yield the same result;134 is 134. GHDC's Application for V-72-11 consistently refers to a 132,later a 134,unit apartment complex nothing more.The Application for V-72-11 does not request a variance to rent out individual lockout portions of the 134 apartment units.At that time both the Department and GHDC recognized that the R-10 zoning designation was inevitable and that the maximum allowable density within the R-10 zoning designation was 134 units.GHDC even benefitted froin the upconiing R-10 designation by increasing their variance request by two units in order to obtain the 134 unit entitlement. There is simply nothing in any of the Department's records or files indicating that V-72-11 allowed for the rental ofindividual lockout portions of the 134 apartment units or that the Club could be used for anything but apartment use. 3.Design ofthe Apartment units does not grandfather their unlawful use. The fact that the apartment units were designed and constructed to include separate entrances and internal lockouts is irrelevant to an evaluation oftheir lawful use under V-72-11.The CZO is clear on this point by treating nonconforming structures and buildings separately from nonconforming uses.In fact,there is nothing in the CZO that provides for nonconforniing structures to tacitly allow nonconforniing uses. 16 Because the law provides variances are to be strictly construed to limit relief to the niinimuni sufficient to relieve the hardship and a board should not grant greater than ininiiuum necessary to afford relief,it is preposterous to say that the rental ofindividual lockouts within the apartment units was a grandfathered use under the IZO simply because the apartment were designed and built with internal doors or more than one exit/entrance. As provided supra,"lawful use"and "previously lawful",as used in HRS §46-4 and land use ordinance,respectively,refer to compliance with previous zoning laws,not the building codes or other legal requirements that may be applicable to the construction or operation of a structure.Waikiki Marketplace Inv.Co.v.Chair of Zoning Bd.Of Appeals of City &County of Honolulu,86 H.343 (App.),949 P.2d 183. V.REQUESTFORHEAEING Petitioner respectfully requests that the Commission hold a hearing on this matter as provided under Commission Rule 1-10-6.Petitioner's main concern is that they are contesting the current Planning Director's October 19,2020 Declaration which appears to be based solely on his "finding for which he provides only the most cursory of legal and factual support and in direct contrast to decades of Department precedent. The Planning Director is the Secretary of the Commission and he has unrivaled access to the Coininissioners.Declaratory rulings by agencies are 16 part of the Hawaii Administrative Procedures Act and are .subject to administrative appeal and Circuit court review.To decide this matter at the administrative level without the ability to examine and confront the Director regarding his determination would deny Petitioner both procedural and substantive due process. VI.CONCLUSION For the foregoing reasons,Petitioner respectfully requests that the Commission hold a hearing on this Petition for a Declaratory Order and that the Comiaission rule that the rental of individual lockout rooms within each of the 134 approved apartinent units is not allowed under V-72-11 and therefore is not a grandfathered use under the CZO. DATED:Lihu'e,Hawai'i,October 22,2020. MAUNA KEA TRASK Attorneys for Petitioner HBR ENTEPRISES,LLC 17 BEFORE THE COUNTY OF KAUA'I PLANNING COMMISSION STATE OF HAWAI'I Petition for a Declaratory Order Regarding Noncompliance with the Coinprehensive Zoning Ordinance and Variance Application Permit V- 72-11. VERIFICATION OF PETITION VERIFICATION OF ORDER MAUNA KEA TRASK,being first duly sworn on oath,deposes and says that I am an attorney for Petitioner HBR Enterprises LP,and as such am authorized to make this verification on behalf of Petitioner.I have read the foregoing Petition and accompanying Memorandum and have full knowledge of the contents thereof,and the same are true to the best of my knowledge and belief. DATED:Lihu'e,Hawai'i,October 22,2020. MAUN5~KEA 'l'SASK Attorneys for Petitioner HBR ENTEPRISES,LLC BEFORE THE COUNTY OF KAUA'I PLANNWG COMMISSION STATE OF HAWAI'I Petition for a Declaratory Order Regarding Noncompliance with the Comprehensive Zoning Ordinance and Variance Application PermitV-72-11. Docket No. DECLARATION OF MAUNA KEA TRASK DECLARATION OF MAUNA KEA TRASK I,MAUNA KEA TRASK,declare under penalty of law that the following is true and correct: 1.I am an attomey with Cades Schutte LLP,representing Petitioners DENNIS R.SCIOTTO AND CAROL ANN SCIOTTO as TRUSTEES OF THE DENNIS R. SCIOTTO AND CAROL ANN SCIOTTO COMMUNITY PROPERTY TRUST,EDWARD E. COLSON,III and KAREN JEANNE COLSON as TRUSTEES OF THE COLSON FAMILY TRUST owners ofUnit 16A and HBR ENTERPRISES,LLC,a Hawai'i Limited Liability Com- pany,and long temi lessee of Unit 16A (collectively "Petitioner"or "HBR Enterprises"). Unless otherwise stated,I make this declaration based on personal knowledge. 2.Attached hereto as Exhibit 1 is a true and correct copy ofa letter authoriz- ing counsel to sign on behalfofPetitioner. 3.Attached hereto as Exhibit 2 is atrue and correct copy ofthe July 14,1972 Permit for Variance Application V-72-11 Apartment Use,Hanalei Kauai (Hanalei Beach & Racquet Club). 4.Attached hereto as Exhibit 3 is a true and correct copy ofthe October 19, 2020 Declaration ofPlanning Director Ka'aina Hull. 5.Attached hereto as Exhibit 4 is a true and correct copy ofthe Declaration of Horizontal Property Regime Under Chapter 514A,Hawaii Revised Statutes ("HRS")for Hanalei Bay resort,recorded in the Bureau of Conveyances of the State of Hawaii in Liber 13050 atPage 465. 6.Attached hereto as Exhibit 5 is a true and correct copy ofthe article titled. "Hanalei Bay Resort Rises from the Ashes."Originally published in September/October 2015 Time Sharing Today and downloaded from the following web site: https://www,grandDacificresorts.com/hanalei-bay-resort-rises-ashes/. 7.Attached hereto as Exhibit 6 is a true and correct copy of the County of. Kauai,State of Hawaii Real Property Tax Office Overview map and report for the Hanalei Bay Resort. 8.Attached hereto as Exhibit 7 is a tme and correct copy of the April 28, 1972 variance application for the Hanalei Beach and Racquet Club,as amended. 9.Attached hereto as Exhibit 8 is a true and correct copy of an undated County ofKauai Planning Department staffreport pertaining to Application No.V-72-1 1. 10.Attached hereto as Exhibit 9 is a true and correct copy ofthe StaffReport dated June 2,1972 regarding Variance Application No.V-72-11 . 11.Attached hereto as Exhibit 10 is a true and correct copy of the cover page, transmittal memo,table of contents and portions of the Comprehensive Zoning Ordinance show- ing the dates of introduction,approval by the County Council and approval by Mayor Vidinha. 12.Attached hereto as Exhibit 11 is a true and correct copy ofexcerpts ofthe June 7,1972 Planning Commission meeting regarding Variance Application No.V-72-11. ((' 13.Attached hereto as Exhibit 12 is a true and correct copy ofvarious com- munications regarding the parking plan for the Hanalei Beach &Racquet Club. 14.Attached hereto as Exhibit 13 is a tme and correct copy of the parking plan for the Hanalei Beach &Racquet Club dated June 7,1972 and submitted June 21,1972. 15.Attached hereto as Exhibit 14 is a true and correct copy ofthe July 5,1972 Planning Commission meeting minutes regarding the approval ofvariance application No.V-72- 11. 16.Attached hereto as Exhibit 15 is a true and correct copy of a letter dated July 7,1976 from Planning Director Brian Nishimoto to Mr.Charles Hosokawa,General Hawai- ian Development Corporation. 17.Attached hereto as Exhibit 16 is a true and correct copy of a letter dated June 5,1989 from Planner Brian Mamaclay to Mr.William Wessler,Architectural Services. 18.Attached hereto as Exhibit 17 is a true and correct copy of a letter dated November 6,1995 from Planning Director Dee Crowell to Mr.Rick Wall,President,Castle Resorts &Hotels. 19.Attached hereto as Exhibit 18 is a tme and correct copy the Declaration of Planning Director Michael A.Dahilig dated November 20,2016. 20.Attached hereto as Exhibit 19 is a true and correct copy the Permit Com- pliance Violation &Zoning Compliance Notice dated August 9,2017. 21.Attached hereto as Exhibit 20 is a true and correct copy the Compliance Plan and Remediation Agreement dated November 28,2019 and signed by the authorized agent for AOAO ofHanalei Bay Resort on December 3,2019. I declare under penalty ofperjury under the laws ofthe State ofHawai'i that the foregoing is true and correct. DATED:Lihu'e,Hawai'i,October 22,2020. MAUNA KEA TRASK AUTHORIZATION BY HBR ENTERPRISES LP The undersigned confirms that he is a partner ("Partner")ofHBR ENTERPRISES LP ("HBR Enterprises"),a Hawaii limited partnersUp ("LP").HBR Enterprises hereby authorizes its attomeys CADES SCHUTTE LLP ("Cades"),a limited liability partnership and,in particular, Mauna Kea Trask,ofCounsel thereof,to sign,by and on behalfofPartner and Petitioners DENNIS R.SCIOTTO AND CAROL ANN SCIOTTO as TRUSTEES OF THE DENNIS R. SCIOTTO AND CAROL ANN SCIOTTO COMMUNITY PROPERTY TRUST,EDWARD E. COLSON,III and KAREN JEANNE COLSON as TRUSTEES OF THE COLSON FAMILY TRUST owners ofUnit 16A and HBR Enterprises,a petition to the County ofKauai Planning Commission conceming a Petition for a Declaratory Order Regarding Noncompliance with the Comprehensive Zoning Ordinance and Variance Application Permit V-72-11 . Partner confirms and agrees:(a)that Partner is authorized to give such authority to Cades and Mauna Kea Trask,and;(b)that other parties,including the plamiing Commission,may rely on the authorization contained herein. DATED:Kaua'i,Hawai'i,October 21,2020. JIMIT MEHTA HBR ENTERPRISES LP A Hawaii limited partnership EXHIBIT 1 July 14,1972 , •General Hawailan Development Carporation 745 Fort Street Honolulu,Hawaii 96813 iubjecti Variancg Applio'ation V-72-11 Apartmgnt Use»Hanelei,Ka'uai (Hanalsl.Beach &Racquet Glub) At •fcbe reBulasc'meeting of the Planni.ng Comuiission ,heldonJuly.5f l972>-the Cornmissl.on spprovsd the subjeci't var- Aance applicatlon wiith the following tetms and conditions, as recommended by the Plann.ing staff; 11.All dsvsloptuen't.be boplcsd up to 'fche sewer tesa'taient and dlsposal facllities.• 2..The corrscted boundary llnas be'aubmttted along with the relocaUon of the 10 ft.sewer sassraent. 3.Bulldlng and swimui.ng pool plans bs subjectto"plan approval." 4.A.landscape'plan be submitted at the ·til.me of buildihg pes-mit applicatlori. Pri.oa t;p the JLnitiation of any oonstBuctioncyou aae sdvlsedtocoinplywUh.all appliCBble'Stal;®and Coun-t.ystatuteStordinahces,codese an~d rules and eegula-fcions. EXHIBIT 2 Page a July 14,197% We call your a-ftentlon to the attaohed comments made by agenclaB .i.'evlewing th9 varlance appllcation. BRIAN MISI-IIMOTO Planning Dirac'l.or Bttach. cc!Mayor Pub.WoriC4 Dep-t. watsy Depl:. Health Dept. Taxation ECDC DISPUTE PREVENTION &RESOLUTION,INC. FOR THE DISTRICT OF HAWAH DENNIS R.SCIOTTO,ET AL., Claimants, )ARB N0.:20-0037-A ) vs. )DECLARATION OF KA'AINA HULL ) ) ) ASSOCIATIONOFAPARTMENTOWNERS ) OFHANALEIBAYRESORT,) Respondent. DECLARATION OF KA'ABNA HULL I,KA'AINA HULL,do hereby state and declaie as follows; I.tam the Director for the County ofKaua'i's Department ofPIanning and have been so since December 2019.Priot t&that I was the Deputy Planning DireGtOt. 2.I am famiiiar witb Ehe eoaaplamts aboilt parkisg and tfae uss of leeketits at Haaalei Bay Resort. 3.I have reviewed the November 28,2019 letter I sent to lan Jung,which addresses the parking and lockout concems at Hanalei Bay Resort. 4.My finding from my invesdgatiQn with regard to tbe complaint against the practice of using lockouts at Haaalei Bay Resort is that the complamt is unfounded for the reason that the Hanalei Bay Resort's lockout designed bedrooms were approved prioi to the adoption of the County's Comprehensive Zoning Ordinance. 5.Therefore,the units at Hanalei Bay Resort,which each rent a separate bedroom as a lockout,are legal non-confomung structures,and their use as such is permissible under Section 8-13.1 ot'the County Comprehensive Zoning Ordmance. [W:/DOCS/28903/lAV01t6490.DOCX ) EXHIB1T 3 t"'• 6.Separately,my department is actively addressing parking concems at Hanalei Bay Resort,which fmal paiking plan,identified as "PROJECT N0.5963 October 28,2019,As Amended (Version 5)",was approved by the Kauai Fire Department,and the County Engineer, on September 3,2020.My enforcement staff has inspected the iiew parking lot improvements on September 21,2020 and found them to be compliant with the Agency approved paiking plan "PROJECT N0.5963 October 28,2019,As Amended (Veision 5)".Therefore,the Plannmg Department considers the parking plan being approved September 21,2020. I,KA'AINA HULL,declare under penalty of perjury that fhe foregoing is true and correct to the best of my knowledge. DATED:Lihu'e,Kaua'i,Hawai'i,"7/^ZoVf KA'AINA (•W:/DOCSQ89[l3/l/WOl66490.DOCX )2 .'^~\ ^y /50^S/ 7?'-7^o/t3 ^/-^^n RECORL'A"IOK K2HUESTED Ei':i ti^/;S &dffU F£nJfffft/^ >•^e'^s-r '^-76*023 7 't'i.:..i3050 :,-,465 '••''•"'/"6:P| /" AFTEii RSCOBD.'i'riOK,RETURK TOs tffr^ff-s Ajy-urpE'r^w/Mf ^s fj{^s-<r '<joo tiisw^y. A^M';f>)*f^ffi y.(^f^f^ W»en coniplete<3:Mail () Pick up /1 Phone;^»-'^>f)^ DSCLARA~ION OF HOM20NTAL ?SO?ERTy REGIME U'mSR CHAPTER 5I4A,KAKAII ,RS->"ISEO STASUTES KAKM-Ei BRC|INC.,2 Hawali corporatlon (the "Oeciar- anttl i,viz-h its pri,nci?sl place of bi-sinegH in aanalei,Kauai, Ka'.raii /and ;.ts post office adaress st P,O.Box 220,Kauai, Kavsii 96714^is the ovner in fee sirasle of t'ne land 6esccibec in 2>;:nibifc *'A"attsched hereto an6 itode a part hereof (th°/ "L-.n^"^to^ether vith the buildxn^s an<3 other improvements thereon. The Declarant intencs to subr".it the Land and b'ji26- ;.ncs an=improvenients thereon to a Sorizontal Property Regijne (hersinafter soinetinies referred to as the "Project")containing 3.35 Asar-tiner.fcs,pursuant fco the provisicir;s of the HocizontBl Froperty Act (tbe "Act"),Chapter 514A,Kaweii Revlse3 Statutes,as Bmended,the projeot beina more specificellv <;i«*ficribsd hsrei:i ana in plans incot"por£t'°<t herein by reference^ recorded in the Bureay of Conveyances,State of Haweii, as Condomini'j^-Kap No.^^/tthe "Coniioir.iniuffl Map"). l".funherance 01 saci:Intent the Dec;arant (i) heceby subiits ItB Interest in the Land and all bui.ldtn9S an3 inpyovensR-.s ^hereor.tc a 'norieontal Property Reqime»and (ii) EXHIBIT 4 HBR 001.940 b".i3050 ?;46(i liccleres that such fcand,buildingE anc improuement?,Including each Aparcment establlshed by this Declaratlon;are and shall be heJid,conveye^T hypothecated..ntortgageG,encumberedr lease<3, rentted,usedf occupied and impr'oved subject to fche decla- rations^litr.itations,resfcrictions,covenanfcs and condir.ions set forfcb in this Declaration and in the Bylsws attached hereto as Exhib'.t ITB<r and made a part hereof (fche "Bylaws")^as this Declaration and the Bylaws may £ro?n time to time be a'mended, all of vbich declarations/liir.itasions,restrictions,covenants and conditions are declared fco be in furfcherance of a plan establis'nea for the purpose of complying with the requireinents o£the Act and of enhanclng and perfectinc the value r desir- sbility snd enjoyment of such Korizontal Propetty Regime and o£ each Apartment therein.All such liir.AtationSr restrictions, covenants anc condltions shell constitute covenants runni.no vith the Land and any iTP.provement r Apactment or interest therein conveyed or reserved anfl sball be bindlng on and for the benefit of eech such interest conveyed oc reserved sn^upon ai.i.parties havi.ng or acquiring any rightt titlef interest or estate in the Land,buildings and improvenients on the Land or an Apartmentf iLncludinc without liniitation the heirs,personal representatives,successors anfi assigns of any such parties and all sabsequsnt ouners and lessees of all or any par;of the Korisontal Property P.eciiRe. I CEFINITION3 The following terms as used in this Declaration shall havs the following meanings: HBR 001941 IK.13050 ,,;46? 1."Dec.'arant"shall msan Hanal'ei ERC,Inc.,OE'any successor in interest bu merger or by express aissi*jni?ent of the rlghcs o£tbe Beclarant hR'eunder by Inserunens executed by che E>eclarant and recordea in the 3i;reau of C^nveyances or filed with the Assistant Registrar of the Land Courtf State of Havail. 2."Land"shall mean tvie real property described in Exhiblt "A". 3."Act"shall mean the Horizontal Property Act^ Chapter 53.4A,Hsis'aj-i Revised Statures,as amended. 4 ."ApArt.rnent"shall raean one of the 136 freeholfi esiates established by an6 describes in fchis Declaration and shown on tbe Condop.iniuni Map. S."Con^dpnixniun:._Ma&tt shall mean Sheets A-l.l,u2, A-2.1,h-2.2,A8,A9,AIO,A31,A31a,A41,A42,A-2.6,PC-14 and A-3.5»prepared by wimberly,'Whisenand,Allison,Tong &Goo recorc-ed in the Bureau of Conveyanoes together with this Decl&rationr as they nisy be anisnded or suppleniented, 6."Bylaws"shall mean the instrument attacheB he-reto ^s Exiiibit "B",as it niay be aniended. 7."PsQjffct"shall meaR tbe Horizontal Prosertu Fiecime estab^ished herebyr consistinc o£the Land (includinc; all eassn'.ents,rights an<3 appurtenances thereto)and all buildi.nc s,improvements and sts-uctures thereon as oescribeci ir: this Seclaration ana as shown on ths Condoniiniuin Map. 8."Coinmon Eleinents"and "Liinited Cominon Elements" shall mean those portions o£the Project described ir.Article II»paracraphs 5 and 6,below. 9."Apar'*jnent Qvner11 shall mean the owner of an Apdrtment. HBR 001942 10. ":i-13050 ?.-;'S6& 'Assocaak.inr.of A&sttmerit Owners"or "Associa- tion"shal2 Tnean the owners'associstlon Sor the Project estahlishe;?by shis Declaration anc the Sylavs. 11."Board oS.Direceors"or "Boarc"shall mean the Board of Directors of tne Associasion prov.icec ^or in the Svlavs- 12."Hanaairic Aoent"shall mean the Kanaginq Agent for the Projecfc appointed by the Board of Directors of the Associ.ation of Apartinent Owners* 13."Buildinc"or "Builcincs"shall nean one or more of t-hose seventeen struct-ures numberec 1 throush 13.,inclusive, 12A ana 12B,and X3 throuch 16,inclusive r shown or^the Conao- rniniui?Map. 14."Kirles and Reculstions"shal.;,n-san rylAS a<3opte£ by the Board of Directors of the ASEoeiation governing use of the CO^.TOOD Ele^ients of fche Project by Apsrtment Owners. I: TKE PROJECT: B'-ILSINGS,ft?ARTNENTS,COMMOK EI.EKEKTS A!;S LIXITro COMMOK ELEKESTS 3-•K ame.The Project shail be known as Ka^clei Say Resort. 2.Land Description.The La.na submitteo to the Project is descri,be6 in Exhibit "A". 3.SiBScription^of Buildinqs ana Asar-tTnents -i ^*nTi'ic su^lainas.Th9re ^r-p>fipventeen Sbild- ings,n bered 1 through 11,incli.siva,12.;,and 12B,anc 13 through 16,inclusive.Each iE a three-storv structure exceot numbers 9/11,12A ana 15 which have two storip-Sr <sn6 a porcion of number 12E whi.ch has four stories. Each of ths Buildings has a concrete foundation; < HBR001943 •„>(,1.3050 !',46a the second"anc3 any thiro-ana rourth-s^or^£.i.oors are rein" forced concTste.S'"e floors 'n'ithin e&cY AoarS-tnei^in Sui.l.cinL's 1 throu9h XI,inclusive,12Ar l^B/13 ^'i<ani?15 ara carpeted, e?:ce?r thst the kitchen and bathsoof:.hav&asbestos tile floor coverinas.Extierlor -walls of all Suilcincs will be concre^e b^,oc>;with rough tex-ture finish.P.oofs wil^be of asphs^t shincl&s. ;b]The Apartments*T^iere are 135 Apartroenss in the seventeen Buildingsr plus 1 Aparferoent consistinc of tennis courts 8,9/10 an6 ll anci tlie nearby tennis shelter. The number of each Apartment,its floor level within ir.s Builfiinc,the approxiniste size of each Aparttnent 's livinc area ana of its lanai sn'3 its type are as follows: Build- 1RQ Apartinent Numbers Ul,A12 Ml,A22 Ml,A32 313,El« B23,B24 333,B34 C15,C16 C25,C26 C35,C36 Gll,G12 S21,C22 G31,G32 H13,E14 Hli,K16 B23,K24 H2S,H26 H33,H34 K35,H36 U7,U8 L27,L2S L37r L3B 0.5,K16 K25,K26 K35,K36 Approxunate SCTU^r&Fect Livina Ares in Flooc Sscb /oartmsnt Ist 2na 3ri Isz 2n3 3m '.st 2rri 3rd 1st 2n3 3rd 1st 1st 2rc 2nd 3tB 3rd 1st 2rd 3rd Ist: 2n9 3--:! l,7C5 1,335 1,705 1,335 1,335 ^ccoxiiriSfce Scpjare F&et of Lanai in Each Apartment 381 288 381 28B 28! TvpS 3 BetirooT, 2 Bedcooc tt tt 3 fedroor; II n tl It 2 Besroar. tl II 2 Becrocr 1,235 1,335 2B8 2BB 2 BedrooR 2 Bsiroa: HBR 001944 10 11 1ZA 123 13 14 15 16 N/A toertment Nunbers Jll,J12 J.13,J14 J21,J22 J23,J24 J31,J32 J33,J34 F15,P16 F25,F26 E13,E14 E23,E2« E33,E34 Dll,D12 D21,D22 Mis,^a6 M25,M26 Kll,N12 N13,K14 N21,N22 N23,N24 N31,N32 N33,N34 141,N42 Pll,P12 ?13,P14 PZl,P22 P23,»24 P31,P32°33,P34 TU,T12, 113 314,T15, T16 T21,T22, T23 I2<,T2S, 126 T31,T32, rr^t T34,T35, T36 KL5,M.6 M7,iae B25,R26 S27,R28 E35,B36 R37,B3B 16 99 Flccr Isi: 1st 2ns 2n3 3rd 3rd 1st InS Ist 2n3 3rd 1st 2n;a 1s!: 2ra5 1st 1st 2n3 2rri 3ri 3rd 4tii lEt 1st Ziri 2ro- 3rd 3rd 1st 1st 2nd 2rc t^ 3td 1st 1st 2nd 2ni 3ri 3rd J^proxiiaate Sguare Feet Livinc .^rea in Each Aa£rtor»ent 1,335 1,335 1,335 II 1,335 867 867 867 86'; 86'; liii.i3050 f.-470 Asprcxi'ftafce Sauare'Fee; of Lanai in E3tA_At>^rtinfflnt Typ& 28f 288 2B8 n 288 224 224 11 22< 224 224 2 Beflroai; 2 Bedroar, 2 Bec3rocn II fl •r ti 2 Ba3roar. It It 1 Bedrocir'"II 1 Bedrosr: fl It 1 Bedrot.n 1 Bedrocr; 1 Bedrocci 1st «2nd Approximafee floov area;25^200 square £eet N/A AF^roximats floor area:25,600 square feet HBR001945 i'it,13050 f-,471 The layout»location,dimer.s.i.ort^and nunber oiC each Apsrtment are shown on the CondOTniniuir 11sp.One freehold estate is herebv establlshen in each o2 the Apartments des- cribe<3 above and shown on the Condoir.inium E4ap. (c)ConipQBition of the Apartments.Each oS ih0 twelve Aparfcments in Buildings 1 an<=3 shsll have a living- dinins roow.,a kitchen,3 bedrooins»3 bathrooms and 4 Isneis. Sach o;ths sixty-th-o Apartments in Buildlngs 2 and <through 3.1f inclusive,shcll bave a living-din.inc rooir.f a fcitchsn,2 bedrooins,2 bathrooms and 3 lansis,Each of the sixty Apsrfc- ments i-n Buiidin9S 12A,12B,13,14 and Ib shall have a living- dining room wifcb an efficiency kitchen,e bedrooin,2 bathrooms and 2 lanais. Apartiment 16 s.hall contein a lounge area,a bar,a dining room^a kitchenr sn office,s lobb5f an6 lobby seatino ar^as/a porte cochere/an area for a commercial shop/ restrooms^opsn decks and an open expansior.area on the inain floor;and storage areas,a hOLisekeepin?service srea^ar. employee lounoe,employee loclcer rooms»sauna and shower rooms/restrooms,s.meetlng room,a loadin?doc'Kf a msinte- nance rooir.,a snach bar,s gazebo and connecting walkway and an area for a pro shop or other coinmercial shops on the around floor. The Kitchen?in the 2-ani S-becroom Apartments shall include a double stsinless steel sink,a sarbage dis- posal,e range,a reSrigerator/fceeser,a dishwasher and e clothes washer/dryer.The efficiency kitchen in the 3-bedroon: Aparttinents shall include e Dwyer kitchen unit consistina of a 3-burner electric ran9e wlth oven and broiler,an under-counter HBR 001946 fi'.13050 ;:472 g-cu'ric-fee^re^riuer&tor,a si.ncle-coff.part^ent 1-piece sin»:vitih disposal,storacp drsveirs anc ^abinecs. 2ac.^br.fchroor.in i>n Aosrtffent (except £or Apartme"!3,6)sha.12 contain a si^k,lavatory and bethtub/shower conbination. Apartment 99 consists o£tennis couris e^9,10 sm I'.,tooether vith adjscent:retairsi.nc waJlls &•:=Derinieter psvi^c,and the near&y tennis shslter (d)Access to Coa^on PaciAities.All first- floor residential Apartments aric Ap&rtmpnts 16 anc ?9 shall he'.'e airect 'access to the Land and valkvays co^.prisinc c pcrsion o^the Coir.mpr!Eieraer.^s.?>1^cthe;:resicential Aoar*:- inents shall hsve cirfec-t access to extsrior stairwavE snd lenciincs coirarisinc e portior;of th"ConiTngr:Elements. 4.Li.n'.its o£/ipar^n'.ents.sxcept for Apartments 15 and 95,the respecti"e Apartments shall not be deemea to include the undecoratec or uniiniLs;-;n walls,the floors anc ceilincs surrounciinc each Apart^ent,or a.ny pipes»wireE,con- c'jits or ofcher utility li.r.es runninc throuch such Apartnser:*: vhi.ch are utilized for or serve more than one Apartinent , tbe saffie being deenied Common El&tnents as hereinafter orc— •;ice=.Each Asartser":shall include any acjscent laneis shoun on ihe Condomi^iutn Hap.Each Apartment shell be c^^rr.v-6 to ;nc^.uoe 3ll the vdls anc partitio^s which &re no-:load-bearinc vithin i;s peiiriie^er n'pllc,the iinner decoresefl an3 finished sarfnces o;sil valls,iioorE snc ceillncs,anc the bullt-in fixtur-E.Apartment 16 shal; be deened to include the space and all walls,floors, ceilings,roofs,slabs,footings,foundations and other structural coinponeni-s enclosed by and within bhe outside sur£oces of the oiterior valls dnd roo£s and the bottom HBR001947) /'" iBt.13050 f.-47;j s'jrfacss of the slab^r foocinc^and foun^ations o^sucr.Apart- ment/except thst Apartment 1£shall .'••"s include any space withi.n or beneakh the telephone and elec.trical eguipment rooros in the basement of Bulldinc 16.Apaftment 99 shall be deemed to incluoe the space and ali slabs^fencefit walls pa'uement and other structurel components above the botio.Ti surfsces of ths slabs,footings snc foundasloris c^suci':Apartmsnt. 5.Consmon EJeniersts.The Coinmon Elenients of the Pro^ect will include the Lanc ano all byi.iflingE anc iraprove- jnents on the Lanar includinc Eiiilcinos 1 fcbrough 11,inclusive, Suildings 12A»12E^13,14,15 anc 16 (except Sor sll portions of such Buildinas which arB Apfirtfferits)r the Litnited Coniinon Elements,as we*l as all Com.T.or;E^-sn'ent?Tnentionec in Chspter 514A^Hawaii Revised Statutes,whi.ch are actuallv constructec on the Land and speciiically shall include,but shall not be limited to: (a)Tne land in fee sin-.ple; (b)All foundations,floor slabs,columns, exz.c-rior stairways and lan<iinas,lc>a<3-bearinc valJLs and roofs of Buildincs 1 thrauah 11,inclusive,Buildings 12A,12E,13, i'and 15; <c)A^l l.andscaped yairds,plantincs an6 re~ taining walls,and slffilar iteins; (d)Two RuiniZiina pools,their respective aojecent:terraces and fcbe pool shelter near BuiXding 7; (e)Tennis courts 1 through *?; (f)Ttiree laundry ar.d utillty bullfllngs; (g)All roads/driveway areas and exterior qround-level walkuays snd golf cart paths; a',. HBR 001948.1 rt K •i."(.-13050 r;47.4 (h)All purhinc aceas; (i]The te;cphone anc eiectrici.equiament roo^.5 i.n the bassment o£Bui.l,din9 16 and All ducfcSi electrical ecuipmentf wirins and other centra.l and appurtenanfc ihstalls-- tions foc servioesr ••'.ncluding power^li9htr cold and hot wster, fire alarm,refuse an£telephone,except that the telephone switchb&ard in Buildinc 16 shall not be part of the comr.on E^e^ents but sha^l be psrt of Apart:rne".t 16;an<3 (j)All other devices or other inst&llstions upon the Land existino {or,or rationally of^common use to all Apartinents vithin t.^s Project. 6.Liinjteo Coinmon Elements.The thiee laundrv anc sstvice buildings shall be Lireittec Comnion Elements appurtenant to ana for the exclusive use of Apartment 16. 7.Percentape Interests in fche Common Eleinents Appurtenant tohoartTnents.The percentage of undivitiefi interest in all of the CoT.r'ion Slements sppertaining to each of the twelve Apartinents in Buildi^qs 1 an^3 shall be 1,081;that appertainin9 to each of the sixty-two Apartinents in Buildinas 2 and 4 through 11»inclusive,shall be 0.85%;that appertaininc to eac'^of the renaining sixty Apartment-s in Buildings 12A, 12B,13,1<anii 15 shall be 0.571;that apperteinins to Apatt- ment 3.6 shall be O.IO^F and that appertaining to Apartnient 9? sha^l be 0.04^. 8.Easenents.The Apartments ano Common Element® shall ?lso have and be subject to the fo,liowi.ng easenents : (a}Each Apartn&nt shall have appurtenant 10 HBR001949 r"- 'uii.13050 •,-,475 thereto nonexclusive easeff-ints in th^Conrson S.le'nents dcsign-ed ;OT suc-h uurposes for In^ress to/ecress Sroir,,ano support, maintenance and repcir of sach Apsrtmenfc?i.n the other Coraipon EAements for use accoroing tc their respectivs putposes, sybject alvayp to the evclusi.ve use of thc Limiteo ConiTnon E2emsnts as provxaeo herein;and in sll other Apartmen^s end Lin-.itec Common EAeraentSi if any,of their respectlve S'jildi.ncs for support; (b)If any part of the Coinmon Elements,the Limited Common Elements or an Apartroenfc now or hereaft.er encro&ches upon any CommoR Element ,[iiTr.ited Conimon EleTpent or Apartinent»e valid easemena fcr such QncroachmeRt anc the masntenance thereof*so lonc as ifc continues,shall exist.In the event any of the Builcincs shall be p&rtialAV or to^ajLly desiroyec anc then rebuiltf ininor encr'oachnients o£any parts of the Comnion Elenients,the Lin.it.ee CoiT-sssn Elements or an Apart" 7;ent upon ar.v portion of the Coninion Elements,Liraited CoTDmon Ele^.ents OT an Apa»."ttnenfc due to construction error shall be penr.it teo,and valid easements for such encroachfflents and the nseir.tenance thereof shell exxstr (c)Each Apartraent sheill have an easement in connon with all other Apartments to uss all pipesr wires^ ducts,cables,conduits,public utility Ixnes an<3 other Coramon ClssicntE located in any o£the other Apartments ana servinc; such Apartraenfe;and each Apartraent shsll be subject IG an. easentent in favor of all other Ap&rtnients foc access to any Coniniar.Elements located in such Apartment;and (d)The Association of Apartment Owners,as 11 HBR 001650 r li:i.13050 rE47u provided ;r:Articl"III ci tfcis Declsri;icn end i-i'the Bylavs,shall heve the right,to be ex^rcised by ifcs Board of D;.rectors or fche Man&gins Agent,to enter each Aparttnentt and the Liiclcea Coninton EleiTients fsoir ti^.e t-o ^ime during reasonsble hours ss Ray be necesssr"for the operation o£ she Project or for raakina eir-ergency ropsirs therein neces" sary to prevert fia.T.cge to any Apsrtinents or the Comr.on £lemer:ts. 9.Alteration anc Transfer of Inserests.The conmon interest and essements appurtenant fco each Apartraent shall have a perTiianent character and shail not be altete<3 without the consent of all of ths Apartnisnt Qvners affectec, e>:pressec!in sr;oiTiend^.enfc to this Scclarstion 3i;lv recorded. Th-»comjnon i.nterest and esseBients shsll not be separsted from the Apartment to whjicb they appertain,and shall be deeroed to be conveyed,leased or encumbered witb such Apart- inent even thoug.h such intere&t or easenients are not «x- press^y mentioned os'ctescribed in the conveyance or other instrument;> 1C.Purposes and Uses. (s)Aaartmen^s _i^_B:i;il6ings 1 Throuch 1 5 » Inclusl-v-c.The Apartments in Euildinss 1 through 15,inclu- sivCr s?:all at all times be used onlv for oermanent or teopoi-ary reEidential purposes or :or fcra!;scient occaoar.c';; PROVJDES thst tbe Declarant may use anv of the Apartments for sales or oisplay purposes prior to the sole and co'.veyance thereoC by the Declarant.An Apartmenfc Ownee may rent or arrange to have hi.s Apartment rented for any length o£time. 12 •'--••-HBR0019t1 &>•' i i.ii;13050 i^77 The 4p2:;;,ie^';Owners of .iipaiiRencs la Sulld- inps 1 through 1S shall not,without the prior written consent of the B&ara,ma}<e any sLructural al^eration?in or additions to the exterior o£s;.Apaftraertt l includ Lna awnings >islousles or screens)o;to any other portion or portions of the Coi".raon Eleraents unlsss otherwiss provioec by the By3,avs< (b)Apartnent 16.Apartnient 16 and its ap~ purtenar:t Liniited Consaion Elements roey be used by its Apartinent Oh'ner ^or sny cominercinl an5 recrsational e-'tiviti&s pernsittec by law,including but not 1 iTr-ited to use as a restaurant and oar,a tennis or other club or clubSt 3 tennis equipinent shop, food and beveraae shops ano ofcher coffimerci al shops.All or any portion or pprtions oi A?artn;ent 16 may be leased or rentefi hy its A?a£'tn;ent Owier to thirc parties on such terir.s anc ^cr such lenoths o£time as such Apartment Owner shall deterr.-.i.Tie. Anythlng in this ir,.^.-ument or in the Byjaws to tbn contrary notwifchstandlnc,tn<s Owner of Apartment 16 shsll have the right^to be exercised frora tinie to time/consistent vith the provisions of Art.i.cle IV,Paragraph 8 hereoff to alter the ai.mensionsf structure or chsracter of such Apartment ar any improvements on oc compri.&ing such ApartTnent;and the Board &f Di.rectors o£the Associst-ion and all Ap&rtinent Owne^s sheU be 5ecTnec-CQncl'jgivfrly by their acceotance o£an AosrT.Tnent or interest therein x.o have consente^to anv such alteration or a6dil:ion»an<3 such aitcration oc addition mav be ma^e without further consant of the Soard,any other Apartir.ent Owner or any othes person havinc an interest in the ?rojeck. E-i' & 13 HBR001952 i.>i.i3050 ••;A7(i [ci Apart-nie^t S&.Aparcment 99 s.hail b<?used or.lv for recrea^ion* la)Prcbibi.t.ion Aq&inst InjL'r'i.ous or Unreason- _ah;l e U ses.Ko Apar tjnent Owner of an apar tne n t &hal1 use or pernsit to be use<3 tiis ^pertment £or any p 1:1005 e w>iich will injure the reputation of th&Project.Ko Apartment Owner shali suffer anythin?to be 6one or )te?t in his ApartmenS or else- where vhich will jeopardizc the soundness of any of the 3ui2d- incs,or vhich vill interfere with or unreasora&ly disturb the richts o£otber Ap&rtment Owners c-which will increase the rate of iise insurance on the BuUdincs or the contents th&rs- of.or which will reduce the value of the Pro'lect. (e)Tersrsis Courts X throuch 7,The schedulinc oz piay o-i tennis coucts 1 throuch 7 shsll be subjecfc to reesonable control by the tennis pro in charge of the pro shop comprisinc part of Apa^tinent 16.If there shall b&no tennls prs to ha^dle such scheduling,such schedulino shall be handled / by a person or persons ^.utuslly acreed upon by the Managinc Acent anc khe ApBrttpent Owner o£Ap&rtment 16.Nothing ln thas p&ragraph shell be aeeinec to pen~.it the person in charae o£ such sche^ulinc to collect any user fee or charge from any /ipBftff.ent Owner or tenartt o;any Apartment nor to pei-mit the use of tennis courts 1 through 7 by persons other than the Ap&rtT'ent Owners and tenan^s of A?erttne"<:s unless such £»e. ci'.arge or use is approve3 by the Boarfi of Oirectors. III RESPONSIBILin OF ASSOCIATION; SES°OKSI3ILIT?OF APARTKENS Ol,"iERS ^.AdTninis^tration p^^the Project.The adrainistra- tion of th^Proj&ct shall be vested in its Association of 14 'HBR001953 ff. i.".13050 f:,47y Aoartn;er.t Owner?consistinc o:cZi.Apart.r'e-.b Owr,ei-e o;th^ Proiect,wnich shsll be constituS.s<5 ar.d ac'.ir.accordencp vith ths AC-L f ?bis Declaretion anc the 3y}a'*-s.Cperafcion of the Project and inainfcfinance,repair,replacefneni an6 restoration &f ths Common Eleir'ents ,anc any aodit-Lons anc alterstions theyeto,shall be in acco^Gance with tbe pro- visieis of the Act,tbis Declaration and the Bylaws,In fcrtherance o£the provisions of this Declaration,the Dec^arant hereby appro"es and affirina thst the pt-operty ce- scribec in this Peciaration shell be heXd/conveyed,hypothe- cated,encuraberec.Jleasec,rente6,used,occupied and iir.- proved in accordance vith the By^a'-.'s.In the event o£sr." discrepancy between e provision of this Oeclaration ana e provision o;ttie Bylevs/ths provi-sions of this Declarasion shell orevail. 2.Maititenance of Apartments.The Apartment Owner o*each Apartnent shall be responsible ror fche repair,upkeep and nairstenance o£the Apartraent as well as responsible for the use a^the Apartnent an6 the conduct of all perjsons usins such Apart*rent,all in sccordance with the orovisions of the Act^ this Declaration and the Bylaws ^and any aiadifeions to or aniendmer.ts thereof. 3.Ut.j.lities Servinq ApsrtTnenfcs 16 end 99.All vt?J1ty 9°rvicep for Apnrtmen^fi 15 and 99 shsll be seaaratelv metered anc chargec to their cespec+ive Apartment Owners, and the costs for suc.h ser-.-ices shall not constitute commor expcnses of the P^oject. zv KISCEL'.MiEOUS PP.OVISIOKS 1.Service of Process.Hanalei ?RC,Inc.,with 15 HBR001954 °1^£ ^ sa' ?t:L^?jv &:ssy/ ^ 9- ^- „,13050 S;4SO II •i I.'".' i^E adcress at t.t.'s Prc'ecf^.IK heresv d&sicr.at.sd as the entity to recelve service of orocer,c j.T'.il SUG.')time as the Boarc of Director^of the Association of Apartffle.it Owners is electea»at which time end thereafter process may be servefi upon any inember of such Board. 2.perccntaqe o;Votes Reauiced for Rebuildino.in the evenfc of damage or d&struction of all or parfc of any Building or of any Li^.ited Co^imon Eleicent appurtenant to an ?t?artment therpin,the perce-.fcsoe o£votes by the ApBrtment Ownsrs which sha.il be detfirn'.inative of whether to rsbu:.lc, repair or restore e B'jild^nc shall be &vote o£the Apartment: Owners of Apai-traen-ss ir.che 3i:ilt3inc so dainsged or dessroyed, cwnin?at leest "ighty percent {SOl)of ^he common interests eppurten&nt to the Apartments in such Buildi.nc;that is,the Building or thc Lir.ited Conpion Eleinents shaIX be rebuiltr repaired or restored unJess ovners in such Building owning et leas-:eiahty percent (80%;o^such ^a^Tnon interests shall vote acainst rebuilding,repeiri.ng or restorinc.If nore than one Builcina is damssed or destroyed,the votes of Apartment Bnwers iT.each ButlBlns shall be separately counted.Ir.the event of substantial damaoe or destructaon of all or part o£ ar.y other Con-Tion Elements,the same shall be rebuilt,repaired or restored "iless fche Aparfcment Owners to whose Apartments ere appyrtenanf.eiahty percent (60%)of the interest in the Com-^on Slemer.ts shell vote acainst such rebuildin9,repalrinc QT ^estoring. 3.Invalldisy.The invalidisy of any provision o; this Declaration shall not be deemed to impair or affect in any maanar the vslidity,enforceability or eifect o£the remalnder .:»s ^' HBR001955 •i;.>....i3050 ;-;48i of this Declaraticn,an^r.sucn ev"nt all o;cne other pro- visio^.s of this Declaration shsll continue ir*£ull force and effeci as if suc".provision nsd nevsr beert include6 herein. 4.Kotices.Notices providec for in this DecXar- etior.siiell be in writing ana sbal.t b&deemed su££xdenfcly Siven when 6elivere6 persona^ly or when deposited in the ur.^teo Stetes weil adcressed to sny A?artme.':t Owner at the lest address such AsartJnent Qwner desjiffnates to the Board or,in the event o;no such (3esi9nation,at su=h Apartnient Owner's last kno^:n address or,if there &e none,to the address of the Aparfmen*:. 5.Ko Waivez.The f&ilure to enforce any provis.i.on of th:.s peclaretion sh&ll not constit'^te s v.'sivear of fehe right to er.force such pro'.'ision shereafter. 6,Interpretaticn.Ti~°section titles at the beginRine of e&cn nuTiberea section of this Declaration are for convenzence on.t.y anci the woras contained therein shall not be consicerec to exp&na,raofiify or aid in the interprststior, cor.str.ictina or meani.ng of this Declaration.As useo herein, the sincylar ehall <,nc.lu3s the plural and the masculi.ne or neuter gender shall include the other gendsrs. 7.ATnendTnent.This Declaretion may be araeRded, consistent vith the provisions of Cnapter 514A^Hawaii Revisea Statutesr as amende^..t?y tha votc o£the Ao&rLmenfc Owners of at least seventy-five percent (75t>of the common interests in the Common Elenfents,evi.denced &y an instrument in writing*slgned ana acknowledced by any two officers of the Association of A.pactm»nt Owners,which a>nendm<3Rt shall be effftctive upon rec^raitng in ths Bureau cf Conveyences or filing in th®Office 17 HBR 001956 i'""'i3050 f;48'; cl the Asslsta-.t Recissrar of the Lanti Cc.-ft cf ;ha Scati?o' Kawaii;prov:ide6,however.that [2)ths Declarent reserves the ri'yht to aineniS this Declaration one or more fciines vithout the conser.t or joinder of sny Apartment Owner in order to record or f i,l e an aniendmer;t pursuar.fc to the piovisions of Section 5KA-12,Hawaii Revxsed Statutes/after coa-,pletion of the Builcincs described herein,containing a verified state- tr.ent cf 3 registered architect certi-fyins that the final planti theretofore recorded or filect or recordsd oc flled therevith, f'jlly and actually cepict the Isyout,loc&tion,aparfcmen^ numbers anc dimensions of thc Apartffients as bu:.lt»(b)except ss providefi In the i.mniediate3,y ptececin9 clsuse (a),no aniend- nient affecting the existence,layoutf locatiion or dimensions of any Ap&rtnient:sha.*!be ef£ect.ive vithout the writfcen consent o£ the Apartmsnt Owner or Owners o;z.he Aparfcmsnt or Apartments sffectedt (c)no asend-.ent o;parsgraph 10(e)of Article II of this DecXaration and no amenfinient constitutlna all or oacfc of the parkins areas as Lin*,^ted Coir.mon Elenients s.hall be effective vithout the consent o£th?Apertnert Owner of Apart- menfc 16r and (d)thig Declaration nsay be amendea ss pro\'idet3 in ihe followxng paragraph 8. B.AUerBtion o£Apartment 16.Anything in this DeclEration to the contrary notvifchstandino,the Apartment Ovner of Apartment 16 Eiiall h?vp the richt»to be exercised as. its so^e cost and expense,from time to •.ime,(a)to alter the exterior appearance,the cimensions,the layout and the jnsterials of Apartment 16 in any manner,provided thafc the exterlor walls shall not be expanded beyond the parlmeter boundasies of Apartment i'-as show^on the Condoniinium Hap sn8 (b)to divide and reconstisute Apartment 16 into fewo or moce 18 HBR 0019^7 ^t.II, .1s j. 6 9K 1.3050 ;;463 separete Apartments anri t.o aXlocate the Lir,iteo Coi^mon E.leinents anc t.he uncivids^intere?t '.r.s,h«-COi.u.on ::le>iieni.£eupurtenaRt to Acarttnent 16 to onc or ~.ors cf suc.-~.^eparafcs Aparfcraents in any manncr deemed appropriate by the npartment Owner of Apart- r.en^16,and thereaf^er to use/sell<leese or otherwise convey such separate Apartnients in any manne^deeraed appropriste by fche Apartfflent Owner of Apsrtraent 16..In furtherance of the foreccing»the Apartrasnt Owner of Apartrr.ent 16 n-iay enter upon the Project,to9e^her with err.ployees^aaents anc subcontractors to exercise the ricbts reserue^herebyr to connect any sych a.lterations or adaitions to utilities ano other Coritfnon Elements of the Project:and grant;sppropriate easements over^under o^ in respect.o£the Lin'.ifced CcT.nicr,E2err>ents sppurtenant to Apartroent 16,Zf tre exercise of any such right results in additional Apartn-.e^ts or a structure or iiiiproverrient materially 6i£ferent from that Rnown on the Condominiam Map,ths Apsrtment Owner of AFert.tnent 16 shall record or file an amendment to this Declarstion ans to the Cor:dom..niuR'M&p describing and depicfcinc the hew-improvements,showing the layoutf locationf diinensions an£apartmeRt nuTibers of any newly constituted Apartmenfcs anfi settinc ^orth any Li.niited Com^on Eiements ano the undivioed intsrest in the Coiriinon Eleraents apaurt&nant to any new.ly constitufced Apartments•The Apdrtment Owner o£Apartment 16 sha2.1 have ths right to execute ar><3 record or fi}e such amend- iiients r wi-.ich shall not req-jire the signatures of anyone e^se having arsy inberes';in the Projectr incluaing any other Apart- raent Ovner or his morfcgagee,and the Apsrtinent Qwner of Apart- Tpent 16 shall be deeined to have an iri-evocable power of at- torney couplea with an interest from all such persons for the pucposse o£executinc all docuwents necessary oc ^esirable for IS •HBR 001958 1 ,;.i;<i3050 i:484 ttie exerci.se &f the righfcs sec forth xn this pasaoraph* 5.Maintenanc-e o;Liinite*?Coninon Elements Appl^c- .fcenant tc Apartnent 16.Anvthinc)ir;the foreooinc to the contrary notvithstandinc,the Apartmsnt Ovner of Aoartment 16 shall be soiely responsible for the repeir»mai.r.ter.ar*>ce and restoratior.of the LimUed Common Eleroents appuriienant tc Aparfcment 16.In the evenr such Litr.it ec Cor.nion Eleinents are pot so repairectf niaintfiined ot restorefi bv the Apartroent Owner of Apar^nent 16,the Association shall perforni sucb work ai the so^e cost an6 expense of the Aparttnent Owner of Apartment 16,and repa^ment of fche Associ&tion by such Apartmenfc Owner shell be securec!by a lien ageinst Apartnienfc 16,wha.ch 3-ien shall be deemed a lien for common expenses against such Apart.- ment 16 gnd in respect of w'nich lien the Assoclatior,shall have e.11 the rights en6 remedies pr-ovitied zo it in this Decleratior an6 the Act. IX KiTNESS HKERSOy,ths Seclsrert hes CBUsed its duly authoriz&d of^icers to sxecute tfcis Declarstion this /^3 day of july 1976. KAKAtEI BRC,INC. f C'P • By k;.ii.il-..'.fc,c.\,,_,,., It5 .;£S. DECLARAKT 20 HBRodl959 ;.;;;.i3050 ;.;4SS STATE OF E.VA'.?.;! CI"!:.=.>;?CC.L-X7Y OF KOXC.L^Ll- .'ss; ) On this 31 aay of /-k^V _.1976,before jne appeared ^4«^f£jLc^(f?.(/A<^^_^t.o me personally known,who,being by jne <3uly swocn,did sey tbet he is Vice President of 9AKALEI ERC»IKC./e Havai1 ccrporation;that such corporation has no corporafce seal;that $uch insfcranient was signed on behslf of such corporation DV autnority of its 3car=of Dit-etftors?ar.a said _/^<^KCi^/£./^^n^ acKnovledged such anstrumenfc to be the free act and deer;of such corporation, 'S^Lfyw ^.^tt(ttAa-- Kotary Public,T'j.rs-i:Judic.laT Gi.rcuit,State cf Hairf2..s,i My Con'r.lssjton pxpirey: e'..0, HBR 00196 Hanalei Bay Resort Rises from the Ashes |Grand Pif Resoils Orand Pacinc Resorts GRAND PACIF1C RESOKTS Time Away^Time Togethff>-. Ownership Management Resorts Vacation Well Support Owners Community Home /Owners Lifestyle /Hanalei Bay Resort Rises from the Ashes Hanalei Bay Resort Rises from the Ashes The fire at Hanalei Bay Resort erupted in the early evening on July 1,2011.Flames licked the roof,sending billows of gray smoke into the balmy Hawaiian air.It took 18 firefighters two hours to bringthe blaze under control.By then,the common areas had already sustained substantial damage,forcing management to close the charred restaurant,bar,front desk, convenience store,and fitness center indefinitely. The closures represented a major setback to the resort's board members,who had worked tirelessly to restore the Princeville property since separating from their developer two years before.The resort was the jewel of Kauai when it opened in 1978.But three decades of developer mismanagement had left itwith climbing delinquencies,depleted reserves,and 15 years ofdeferredrenovations.Now the resort had to contend with a multimillion dollar insurance claim and major reconstruction project on top of everything else. "It really was a perfect storm,"says Deborah Fraga-Decker,who has served on the board of the Vacation Owners Association (VOA)since 2009 and became its president in May 2012. "We were left with absolutely no reserves when we became self-governed in 2010,and we were operating in the red.The fire was another major obstacle." Faced with an increasingly dire financial situation and the loss of its common areas,the VOA partnered with its existing management company to start a rental program.The board hoped that such a move would generate much needed revenue to offset delinquencies until the association could build up its reserves.However,the management company faced one challenge after another,and the rental program eventually fell by the wayside. EXHIBIT 5 htlps://www.grandpacificresons.com/hanalei"bay-resorE-rises-ashes/[9/29/2020 8:25:25 AM] Hanalei Bay Resort Rises from the Ashes |Grand P(•Resorts Grand Pacinc Resorts It wasn't until NQvember 2012 that the situation took a ;i turn for theih^tter.^gfcrnQnth,the VQ^held ajoint j meeting,with;.the,^!iE^rt^,^Rl®-unitio'S'Rers..":...';:,sl'l^pciau<ii^KKBSIII'i8SBIaiJlnE3sl ,,,,;©W!^|||^gg|||||J||^iTOri]g^ii^ long-term.Rlain^^gglsl^.'s-SfilSSII^ Over the nexffewweeks^aTreshvisionTorHarialei Bay Resort emerged.Both associations dreamed of reopening th&areas daroaged in the fire,establishing proper reserve funding,and reviving the resort's reputation as.oneof the most desirable properties in Princeville.They also wanted to boost associate morale,which suffered after the fire, In February 2013,Hanalei Bay Resort contracted with Grand Paciflc Resorts,a California- based timeshare_management company with more than three decades of experience.The VOA and AOAO looked to Grand Pacific Resorts for financial advice,and the VOA began renting and reselling its delinquent use weeks. By the end of2Q1,3,the VOAincreased rental revenue from virtually nothing to more than $450,000."We exceeded our budget in the first quarter for the entire year,"explains Jim Braman,General.ManageroftheVOA.Inaddition,Hanalei Bay Resort processed 85 resales, generating an additional $96,000 in assessment income in 2013. According to Ms.Fraga-Decker,"We're now in the black.We've been able to fund a very healthy reserve that should keep us well-positionedfor years to come."As a result,both the AOAO and VOA have been able to address their other goals. In 2014,more thanthreeyearsafterthe.fire,J:1analei Bay Resort proudlyopene^:jts;3-ig^l:|^t.|iti]c!;:l(gi-J|g|i,'; which was awarded the SilveiARDXfor CommOn-ZS! Area Refurbishment by the American.Resort.^^^^ DevelopmentAssociation(ARDA)in,2Q15.The.resort has also finished its long-awSited renovations with help from Grand Pacific Resorts,which saved the associations more than $600,000 in construction costs.It once again boasts the flnest tennis facility on Hawaii,Gomplete.with two professional instructors from Peter Burwash International. AOAO President Michael Rembis attributes the resort's renaissance to thestrong partnership between the AOAQ and VOA."What's been really successful for us is collaboration.That's the secret to us being able to move forward for the benefit of the resortas a whole." https://\v\v\v.grandpacificresorts,com/hanalei-bay-resort"rises-aslies/[9/29/2020 8:25:25 AM] I-lanalei Bay Resort Rises from the Ashes [Gmnd P(Resorts Grand Pacific Resorfs (' All of the improvements are boosting associate morale and guest satisfaction scores.Guest Services Manager Lillian Watari has worked at Hanalei Bay Resort for 30 years and compared the lobby reopening to Christmas."Now we're finally getting our new beginning," she says."This is the best the resort has looked in decades,and it's so good to see the sparkle in everyone's eyes again." Upcoming plans include the addition of a swim-up bar to the resort's award-winning pool and the reopening of its restaurant and main bar.Nigel Lobo,Chief Operating Officer of Grand Pacific Resorts adds,"We feel privileged to manage such a beautiful resort,and we look forward to taking the service and amenities to even greater heights as we partner with its board,owners,and associates." The future is bright for Hanalei Bay Resort.The VOA recently opened a new onsite resale office/which has already generated a great deal of interest.Thanks to the strong leadership and thoughtful collaboration of the AOAO and VOA,the resort's new and long-time owners now have a beautiful piece of paradise to call home. This article originally published in September/October 2015 TimeSharing Today Are You Interested in Grand Pacific Managing Your Resort? Your First Consultation is on Us! First Name Last Name Zip PMONE^;(###)###-### Email Resort of Ownership littps://www.grandpacif1cresorts,com/hanalei-bay-resort-rises-ashes/[9/29/2020 8:25:25 AM] I-lanalei Bay Resort Rises froin the Ashes j Grand P^Resorts Grand Pacific Resorts Comments O of 200 max characters ?^1s^l Get in Touch 000 CONTACT MEDIA OWNERS COMMUNITir RESORTIME GPX CAREERS PRIVACY DO NOT SELL MY PERSONAL INFORMATION COOKIE SETTINGS COMMUNICATION PREFERENCES 02020 GRAND PACIFIC RESORTS.INC. ^, .,»....»,.,»^,.»»^WaHWSf GPX FINANCIAL CON^ANV ResorTlme https://www.grandpacificresorts.com/lianalei-bay-resort-rises-ashes/E9/29/2020 8:25:25 AM] Coi^o(^;t tlawai i Overview Legend 0 Parcets Roads Parcel ID 5-10110030000 Situs/Physical Address 5380HONOIKIRDMASTER TotalMarketValue $0 l.ast2Sales '^^":f"Si^^^^ '•"::i3^^ • Acreage 19.174 Class n/a MailingAddress HANAl.EIBAYRESORT BriefTaxDescrlptlon n/a (Note;Not to be used on tegal documents) TotalAssessedValue $0 Date Price Reason Total Exemptlons $0 12/2V1999 O VALIDSALE TotalNetTaxableValue $0 11/14/1994 O VALIDSALE The Geographic Informatton Systems (GIS)maps and dsta are made available solely for informational purposes.The GIS data is not the official representation of any of the fnformatton induded,and do notreplace a site survey or tegal documentdescriplions.The Counh^of Kauai tCounty)makes or extends no ctaims.representatlons or warranties of any kind,either express or implled,inkidlng.withoutltmitation,the implied warrantfes of merchantability and fitness for a particular purpose,as to the quality,content,accurac/,currency, or coBipleteness of the informallon,texfc maps,graphics,tinks and o er items contained in any of the GIS data.In no eventshall the Caunt/become liabte for any errors or omlsskins In the GIS,and will notunder any.drcumstances be liable for any direct,indfrect,spedal,Inctdental,consequential,or other toss,injury or dannage caused by its use or otherwise arising in connertianwith its use,even Jfspedftcalty advised of the possibiiity of such toss,injury or damage.Jhe data and or functlonallty on this site may change perfodfcalty and withoutnotice.In usidg the GIS data,users agree to Indemnify,defend,and hold harmless the County for any and all liablllty of any nature arlslng outofor resutUng from the lack of accuracy or carrectness of the data,or the use of the data. Date created:1D/2U2020 Last Data Uptoaded:10/21/20i20 9:12:46 AM Developed by <«?>l?oh. ide[ EXHIBIT 6 •fff 'mKBBiN'li Princeville at Hanalei ^ April 28,1972 Mr,Brian Nishimoto Planning Dlrector County of Kauai Lihue,Kauai 96766 Dear Mr.Nishimoto: Porwarded are the variance applications,exhibits and $25.00 fee for the Hanalel Beach and Bacquet Club,a project being developed at Princ.eviUe by General Hawaiian Development Corp.A variance is requested to the current interim zonlng ordinance.It is hoped tbat this would carry into the new CZO. Please contact us should more information be required. '.purs truly, )onn A.Carswell Project Manager DAC:bg Enclosures /';Qn .;"-"W"^..;«io-->V^ "\ccvwv ^.^^ EXHIBIT 7 l-1analei Kauai,Hawaii,96714 Telephone:808/826 6561 HBR 004198 COWTy Qr'KAUAZ PL.UK'E-SG 33r;V".T;.E;1T LII!U"3,EAUAI VA?.IA(;CT;AFPJ,TOA?Ip:I (lliterim Soning Crdi.iu'nce i!o.107) NAIE OF APl'UC'-UiT: ADBISSS: GENERAL HAUAIIAN DEVELOPMENT-cuRpuRHnar 745 Fort Street~P,"6,!;ox/3treet Hono1u1u,Hawaii'96813 raoiE;N0., City 521-6537 State 3ip Code For ?.L?.:i.--:L'-<;^•'-•a.'.'ir;^".!:'!s?_'^-~!.;'' £pplic?.tio".;'.-i. Sa'Se '.''."C3iv°''L:1/-7;-// l/-.tf-_Ti^~ NoVr.r.Fee':':acl.:Yes i-' 18 Plot Plcns:Yes-;/"'~'Ko' 9 Prelin.Sketches:Yes i^Ko Is Appl.Valid:Ies,i/^l;o_ Itejected By: Accepted Dy;^^_^_.^,^..^,-bf_ Date:Tv\—3-i-3Ti-- :z=—':—==s= 4PS3« ^APPLIC-UiT IS:(please d'.eck o'ne) x (Purchase and Sale ,agreement) ^ (Letter by appoiiitee required)\//}i'rn'Kw\'^ LANB Oi'.]i''IEaS!lIP DATA;(Please indica-ie ovmership as recorded in State Tax Office) a.Oi-.Tier of property b.Lessee of property c.Dtily authofiaed ageut •-'t.^>»n.„„'":*.!"""v.iS'. 'v li ^^'^•^£\ IF PaOEERIY 15 USAS3D:Bidicate muriber af years leased: FROM:,,,_._.__._10: Notei Lessec rmst have sxi imexpired and recorded lease of five (5)years or more from date of filing this application.Attach copy of the lease p.greement. F11e Plan __. TAX M&P I(E?:__^_a->-_l_l-o ^___^p,UIC3L N0.;1187 IOT KO.!_16____,LOT SIZB:829^,000, sq.ft. INTENBED USE OF PaoPSRTl';(Specify exact use,niuriber of units,etc.) Appllcant intends to develop a 132 umt apartment complex centenng around a beach and racquet ctub.In addition,there win be 2 swimniing poo1s and 11 championship tenm's courts,Induding an exhlbition "center court"located in front of the c1ub.Parking for ISOcars 1s near the entrance of the property.Transportation within the project and to the beach access is by electric cart. PAaTICULi\R P."'>OVISIOH OF TiE!ZOimiG OnBIl-'AI.IGS ISOM 'flIICH E'rS VABIAiWS I^BOUKIT: SECTION 3,OROINANCE N0.107 , Indicate here the section of tlie ordinance HBR 004199 i i'ariMic6 Applica'tion -Cont'd COI'IDITIONS JUSTII''n;;G ?;&;V.l'UiU'IO:!;'tCTTH P,\CTS Ii','UIOATD;Gi rhat the application presents a •sitiii'.tioii 'fherein strict enforce^siit of aay provision •of thc aoning ordinance vould involve practical difficiilty.or um'ecBSsa".'hardsliip a:id tha's desii'f.ble rolief inay bs graiited with- out beiug detriinoiital to 'cho publlc inte-'est,cor.veni'snce and walfare; The project is designed to supplement and compliment the general plan for Hanalei. The racquet club will be a major center for tenm's activity oh both the amateur and professional tevels.The club is ideally sui'ted to ehhance the stature of the Princevi11e recreational community and the variance wou1d therefore be in the pub11c interest. TtE_]?OJ.LQWNG-JB3;3ET:TS .U^'3 igitSICTiil^JI'GI TIIIS APPLIGATXOII .TOR VAT<:tAtIG3'AITO IS II3RSBY EHCLOSEB OK A't'EA.GIEia:~. 1.U3ASE /IGISSJil.RKT;,.(Plcase chec'c,if aay) 2.V33TSS IMBIC.Vj'niG ?0',CT OF ATIOI.UIiiY;(Pleaso chec!;,iS any) 3.PU3T PLiU;(83 x 13'-'Biinjjmim size)KU'flLIO SCALS SHOTOMO:(18 copies) «l,Acljoiniiig proportiea b.Adjoiniiig strects (indicate R/;'/aild pavement widths) c,yatrral v?ater coursos d.SxiEtiiig topogi-E-,phy (as required for sites over 10^grade)c.JiiXistiiig casei.ieiitB .:f.3Sxist.uif;trcas (liu.u±cuun dianetor C"). g.Sise aiid dimension of lot (netas and boimds if possible)h.Lscation of e.'a.stin,';istnictures on property i,Area brealcdovm for various use in squaro footage - 1)'Building .'• 2)Open space j.location of iateiided stnictures to be erected on property - 1)Biraensioiis properly inclicatocl '.. 2)Setbncks ••.. 3)Spacing diiicnsioits k.Off-street parl;iiig plans ancl layoiit 1,Circulntion sttucl}'(uiternal)-'. 1)Traffic ....• 2)1'oclostriaii m.Title block sliowuig; 1)Nanie of applicant (owicr or lessee) 2)Intended use of property .. 3)Tax inap key •.•. 4)Date of subr.ti.ssion . 5)ficalc Etnil north meriditdi .• 6)Besifiner 7)location (to»m or city). HBR 00420Q 4 Variance Application -Cpnt'd .4.P^'elirainai-}'skecc^plans of iuteaded struotures drai'm to scale shoi.'uig:(9 copies) n.Floor plKns indicating its USR and floor areas of rooms b,Blevation viav's shovung hoights and shapes of stx-uctures aad ti-pes of pertincnt co'istruction niaterials Intenned for 'the structure, 5,To cover cgst of -public hearing (notice in the nerspaper),aii aniounl;of $25.00 accompanies t'nis request for varianoe-.; I .iinderstaad that the Planning Birector shall be aiithorly.ed to officially accept all variance aaplicati.oas as p^ovided imder Section S,Ordinance 107,•, Apri1 25.1972 Date .,^E__'J</VA._^YAAA-<A_ .ppla>cantt£?Signatnre HBR004201,. Eagle County Development Corporation PO Box 121,Hanalei,Kauai,Hawaii 96714 Telephone 808/826-6561 £?7'^-. May4,lj» Mr.Brlan Nishi.moto Planning Director County of Kauai Liliue,Hawaii 96766 ^G^- Dear Brian: Submitted are ni.ne half-scale plans of the Hanalei Beach and Racquet Club.Additional information on building dimensions has been requested by your staff,and we hope this submittal will satisfy your requirements. Please notlfy us it any questions develop. Yours truly, Q-.L^SM^DonnA.Carswell Project Manager DACibg Enclosures HBR 004202 ^I-JI-I jua,8^J!nn n n n n s1o CE: CD I l|.jj_.j»sis|nn nn n n oooooaii T •l'.;l ..I ;B [wsssr 13 00000 |3 O BIWINC ^>1 KfTtHEN 13 00000 3 00000 WlMBiEiBES',VS'SSSiSXS ,AIi.USBB,'SSSQ &(&B® B'iBmiBgwiL.aig Asr ss&s&jiss.,!&&®&B ^aaesssaKse saiwovm.a ,BiAisyAm »t©7*23 FBJB.•a HBR 004205 ONI BEDBOOM UN1T AR.EA -SIE SO-rT. snnwo,,_,_-- --tf. l.iNXr* TWO tEDBOOM UNIT AftSA -1^307 50.PT t.aHwl THREE BEDROOM UNIT AfC-eA -I,&2>t 5Q..rT. COMMHHttaUW ,—_^.,._ UNIT PLANS •»U 2B ^,B3^JLi3I[S !@@i!',(5I§I &sss Ig^!S@'8JI@lf'(SlfciWlS g'lssEsesmiyyg ^s IE&SS^!I,SB ,IS&®;AB wtszssaas.wanBisa&MB,Ai-usoa,woEas s.i&oa ABacaiiBiEtws 'wisovsva ,sssstai IWB nss S'!SB._'%_^B HBR 004206 Princeville at Hanatei ^.y'^WHfiMtr.Bri.an Kishinioto PlaaniDg Director PIaaaing Commission CoTinty o.f Kauai Libue.Hawali 96766 h ^'i^-S The attached plot pl&ns are submitted -to update General Hawailan Corporation's variance application lor the EaDalei Beach &R&cquet Ctub now under review by yoixr staff.Tfae applicant has requested to cliange the nuTober of uiiits from 132 to 134*or 10 units per aet acre on 13.4 net acres.Thus two -uiiits have been added to -tbe proposed plot plan. "Enclosed ars nine standard sizepriiits atid 18 reduced prints. 'ours truly, D..t Sil3i~^^iSfeA!U: s^'f Doim A. Project Manager DAC:bg Eaclosures Hoooi&i,K.Q'sQt.Hawsii.9<57i4 Tefephow.8QS/826 656? 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'i^KS:'-i'-ir-i'); :St(8.k'u»<'SV®;oiB^'K'.", S'SS'KSfW'SsS&^ *•^•'^^•'•t^:^-^'—-:s&ss^&^.'l-'SSSSs'awssii •^eiKSRiS.;, ^^5'^y-ft^^'i-^^^'^'^S?-'^i"l ^S^S^Sl;'^:;}-.-^~rt •"-^'&i.irm ':•-%»?",%.% •^s^ SS ss!&i^'ISSS&Q^. ^.^f^^!?^:K~f:^'! '••'';':.' a;%^-^/H-^^?^'?n-3<?^J W3S S-SSS sKS •'y'yf^i^S ;<^"'-?';t-^^fS^^^^•.•^^i-^^^i/%'K-S3B%IK!"(^A^^^a ^'fi'3is:^Bia^;?as •s:3^^ 'SsSSs'&saS'S.,,^ ^^^t^€^i-ff^i;fc 3 ^t i'. .g?fitKiy;':'Ewc^r°BISj.SS a.^-:s&SyW)S:-KSS:3^ fe^USffS-Si^^^lS fS3iS9SS'Si,v!'9SSaSr'"•.i^fc'^^^^^i!^:^^^^;^^- R 004211 MJ'^tlh.' APPUCATION N0,V-72-11 coiii'm'y,w iu'tuu punae BEiPAsrfflsif .USS'O'fl;,KAOU: S'SiSV SKfOSX RE&ISTERED OWNER 8 General Hawalian Development Corporation EBSSE32 8 AUTHOBIZES AOENI 8 APPUCANT T4X M&F KEY IjOCATION OF PROPEKTT Saine 5-4-11:3 Lot 16 Sltuated along the north ahore at "Princeville at Hanalei",belng Lot 16,portion of 1-A,Unlt IX, and Identified by Tax Map Key:5-4-11:3,Hanalel, Kauai• IOT SIZE g 829,000 sq.ft. EXISTINO IANB USB g Vacant PKOPOSED ru'ajBs IAM)VSE (cocimr iBai'ERAI,Fl<AKi)2 Project Dlstrict mOPOSED ZOKDtff 8 R-10 DITENDED USE OF PaOtERTlri To develop a 132-unit apartment complex centerlng around a be&ch and racquet club;in addition,2 swlcming pools and 11 chainpionship tennis courfcs with exhibitioTi "cenfcer court"located tn front of the club.Parking for 150 cars JLs near entrance of property; transportation withln the project and to the beach access is by el.ectrtc ,. cart.^,^.i.....^'),^,*^-/'-'--r'4"-'-•—"TT^''"—^•^,1^11 ^,^-rLAcu^*'/'^""" ' ^j ^.^^^^Ai+pJ<-^-c^^^-•^-. Density:132 units @ 19,0 aca.=7 units/ac.)cZ-i—1)<-~-<<l—«->-ti'^'°•«:•v^~d.-/ti'-'• Height:31±ft./3 floors maxlmum 1",^^Jk-^.\"i.C,^Jrd^-u-iU kj0,;>-W^IH. EXHIBIT 8 J KAU1I PLAS'iHJNG COMJtiISSIO1 LIHUE,KAUAI STAFF REPORT TO:Planning Coiwnission RE:Va.riance Appli-ca'tion V"7?.-l,l APr-'LICANT:Gsneial Hawaiian Devalopmen-fc Co3;porg'tion (Apartnient Use) al:Hanalei"•A,Unit corrt.Rin" FIHD.TNGS Ths subject.propex't.'/is loca'ked wi-khi.n tha "Pt-inceville •development along 'the nor-th shors being Lot .16,portion of U- IX,'idsntified by lax Map Key:5-4-11:3,Hanalei,Kauai,and ing an araa o:f 829,000 sq«ft.or approiimately ,1.9.0 acses. The reason for this vax'iance is to establish an apartuen'b use .:fco develop a 134-uni't compXex centeri.ng a3:ound a beach and racque'k'slub.In addition,-bhere will be 2 swimaing pools and 11 championship"fcennis cour-ts,including an exhibrtion "cen'ter court"locat.ed .in front of the club.Parking for 150 cars is near •the en'fcrance of 'l'.he propex'ty. Transpostation w.l'fchin the prdject and to 'the beach accsss is by ei.ect.ric C8Kt that., fl'£l.k.S2.a 1 FIG >]*9CC)U6T<CJiUJCi V^XJ.X P6 ct m5..(0>C G6^1XS3.X'0.1? ac-kiv.'i.ty on bo-th 'the smateur and professional .levelsi.The clu})is ideslly sui'ted to anhance the s'fca'ture of the PKlncevills recreational communi-by and +.he variance wou.id there'fox'.s be in •the publie interestu" Pressntly the si-t.e is vacan-t.It is wi.thin an area clesignated as Projec'fc District on our Coun-ty General Plan,and is within 'the Ur-ban Dis'trtct as established by the S'fca'te Land Use Coirenission. The following axe coinaents froin the .varj-ous,agencies: .?JATJLS^-I^DEPAR. jNli Mo (fcjection to vaxiance provided all 3eveTopine(rEisR3oIce^.up to sewsr t.reatmen't and disposal fac}.3-ities, Swliri(nincj poo;t plan and buildin9 plans subjec'fc -fco review.,. ECOMQMIC.DEyELQPME.N'r,OFFICE;»/e recoimend approval o£•khis app I icaTron..'— KAUAI ELECTRIC COMPAMY: Unclerground 'facilities have bean inBtallsd in Uni'k IV adJBC.ent,•tt>this deve.lopmsnt;hovievev,on.ly 1,0 (phsse)'powcr .is available wlth a liniited capac:i,ty.A new 5000 kva aubsta'tion is now in the planning stage 'to be built,by ECDC soon.Aftar ths completion of th.ie aubs'tation and 'the sxtension of 'bEansrnission and dis- t.Tibu'ti.on facilitieSi,30 power will be availab.l.e. ^?-/ EXHIBIT 9 HBR004215 ~2- A dlstribu'tion systero wi'bhin Lot 14 wi.ll havs 'to be constructed ' iii ox-der 'fco prov3.de poviier within the project. Pouif?x~supply condit.ions on Kaucix remain as heretofors discussed in de'tail by Kauai Electric wi-th the Plannlng Depar-tment. WAJER.D.EPAftTMENT;Tbis is past of the projec-t district known astFieTri ncevITl e at Hanalei'in which all wstea-facili'ties sre unclsr priva'fcs ownersbip and opera'bio.n.These watsr facilltj.es are adsqua'te;and in .view of this;we see no objection 'to granting the variance .reques't. FIR.1;DEPARTMENT:No coroai&n'ts. STATE HIGHWAYSDIVISIQN:N0 coments. •^..PUBLIC^WORKS DEPT.:(Commen-fcs fortbcoming.) Access to and from -fche p3;opf>rty is through a road with.ln a resi- dential subdivision which has a right-of-way width of 50 ft.and a pavemen-t;width of 20 {t. The climate conditions ara gsnsrally favorable wi'fch teaperatures averaging 74.2°?and an annual rainfall of approxl.ma-tely S&'inches. Tbe proposed development with 'fche density of 10 units p8B acre is in coaipliance with the density set by ECDC on -the raaster plan for Princeville approved conceptually by 'bhe Planning Coromission.As such,a maximum of 134 uni-ks ie possible on 'the 13.4 net acres leaving approxima-fcely 6 acres as opsn gpace. (^X'b shou.id be no-ted tha't ths configura'tion of the eubjec't parcel,as subrnitted,is no-t identical to -that saroe parcel in the tax key map. Acc&rding -to Donn Carswell,projsct manager for ECDC,the reason is b.ecause they want to conaolida'ts and sesubdivide to straigh-ten ou-k ,-th.e lot li.nes.')These plans are bei.ng prepared 'and will be submlt-ted .ehor'tly -to -th6 Planning Departraent.Also,thex'e is a 10 ft.wide sewer easement running through 'the lot at two places (see ffiap).Tbesat accoTding to MK.Carswell,will •b<3 reloca'fced and the plans rsflec.ting thosa changes will be subroit'fced latea. 'As mantlonedpreviously,the'davelopment concept entails 1.1 ,ctiaapionship tennts ciaurts wi-th an exhibit.J.Qn "cen-ter court"and 2 swimining pools surrounded by 134 conclomj.n.ium units and a clubhouse. The living uni-fcs wUl include 60 studios,12 •thrae-bedrooa unlts, and 62 twQ~t)@drooro uni-fcs in two and t.hree-story s'kructures construc-ted o£wood-shingle roofs and plas-tei-walls.The thx'ee~story struct.ure will stand approidma'te.Ly 31+.£'k»'from ground level a'k -fchs highost point on th6 land at the buUding 'bo -tha avsrage heigh-t betwean the pl.ate and ridge of the highest gable ro.of.Tba c.Lubhouse mi.U include a'vs'riety of uses such as"a pro'ahop,dining rooms,bars,shaps, afficss,a lacker room.wi-bh a sauna,and a lounge.The parking spaces HBR 004216 -"l"r' ..s. requirecl for this tot.a:).developmen'!;are 228 spaces;150 gpaces we shown on the plans leaving a deficit of 78 spaces under bur prsfient, guidelinas.These spaces will be located around 'the entrance •to the' property.CirculBtion in and around.tba site v<ill be on golf car'fcs;•traveling on the pa'fchs shown on the plan. ~. COHCLUSION Based on the foregoing flndings and evaluation,the staff conclucfes the following:••. The proposgd use is consls'ksnt wlth 'the objactives of the Coun'ty Gsneral Plan and the fCtis'fesr plan for the Princsville area. Tha u'fcili-bies and fac.Uit.i.es are adequate enou9h •t.o servica the devslopment.. The design and layou-t ot the st.ruc'fcures on the site and •khe use in'tsndacl are compatible -to the surrounding area and to the concspt of ths Princoville projec-fc.This developmsn-t.wl.th the tennia courts and living uni-ts spread over X9 acres wlll.prov3.de an aes'theiica.I.ly pleasing and spacious envrlonmen-k for sveryone •fcq enjoy. The conso.tidation and resubdivision of -fchis particuJ.ar 1'ot,plus | J:hs rcloca'fcion of -ths sewar easemsn'fc uiust be c:onipleted./ RECOIWiEnCAI'IQN Baaed on t.h'e foregoing ftndings,evaluat.i.on,snd conclusl.on,•the • .staff .ceeooiaieiide tha't -fchis yar.lance application b®approved subject•to 'fche fo.llow.lng teTms and conditions: a)All developmen-t be hooked up to 'hhe sewar ''fcrea'tnient and disposa.l facili'tissi b)The parking def.'lciencies be resolved; c)The correc'ted boundary llnes be submittecl a-long with 'fche rel-ocation of 'the 10 ft.sewer easement; d)Bui.l.difig and sw.lniming pool pians be subject to "plan approvKi'l e'nd a)A l.andscape Plan be submi-tted at -the tirne of building pe.rniljb||appli.cation. Approvad; <^^<^^4m^(h S:?Ian78TsE£mof?,TTanritng CS^ec'E'or .,':(6/2/72) ^^4p..,^f^y&^&^i-^...n;.Shiqemiyto,Planner II HBR 004217i '-s.. f t COMPREHENSIVE ZONING OKDINANCE FOR THE COUNTY OF KAUAI S'EAIE OF HAWAII ^_BILL.NO.,•^ ^?^-?.-..'. •1"I" .ORDINANCE N0 .164 •<~~~''. •-1 •• AN OBDINANCE OF THE COTJNTY OF KAUAI,SIATE OF • •HAWAII,ESTABLISHING PROCEDURES FOB'-THE DIVISION .OF IHE'COUNIY I.NTO LAMD USEDISTRICTSj CBEAIING . EEGULAIIONS.FOR IHE IYPE,SIZE,PLACEMENT AM) CONIROL OF STRUCTUEES,OF IHE USE'OF LAND AHD OF STRUCTUBES WITHIN EACH OF'THE'VABIOUS DISTRIC'E!..SPECIFXING PBOCEDURES FOR .THE ADMIH.ISTRATION,.•ENFORCEt'IENI AND AMSNDMENT HEBEOF;ABD BEPEALING ' ALL ORDINANCES IN COKFLICT HEREWtlH.• BE II ORDAINED BY IHE CO'UNCIL OF 'THE COUNTX OF KAUAI,STATE .OF HA.WAII:....... Qv-^vv^C.^'\^•At^'tc.ie.:. EXHIBIT 10 COUNCIt RALPH S.HIROTA,CHAIRMAN EDUAROO E.MALAPIT,VICE-CHAISMAN FRANCIS M.F.CHtNG HAROLD NAUMU CHIYOZO SHfRAMfZU RAYMQND D.SOUZA ROBERT K.YOTSUDA KENNETH K.YAMAMOTO COUNTY O.EftK TATSUO KATO OEPUTY CLEftK OFFICE OF THE COUNTy CLERK P.O.BOX 1549 LtHUE.HAWA11 96766 TELEPHONE 245-3663 August 16,1972 Honorable Antone Vidlnha,Jr.',County of Kauai'ihue,Kauai,Hawaii 96766 Dear Sir: The Council of the County of Kaual at its meettng held on August 15,1972,passed on second and final reading Bill No.114,the Conyrehensive Zoning Ordinance for the Coxmty of Kaxiai with the following amendments: 1.Text -As contained in Report No.PF-70-72 of the public Facilities,Youth Programs,planning and Development Committee; 2.Zoniag Maps -No.ZM-MW400 Nitimalu-Nawiliwlli No.ZM-LI400 Lihue-Kapaia (the area between Kupolo and the former Kauai Inn property,next to Rice Street)Change In zoning designatxon from R-4 to R-6. Very..-respectfully, ^dno—St^-"' Kenneth te./^famamoto County Clerk,County of .Kauai ms att. cc:Planning Director TABLE OF CONTENTS .'(' SECTIO!?1.00 SECTION 2.1^0. SECTION 3.00 SECTION 4.00 SECTION 5.0.0 SECTION G.00 SECTION 7.00 SECTION 8.00 SECTION 9.00 SECTION 10.00 .SECTION 11.00 SECTION 12.00 ..SECTION 13.00 .y-~- TITI.E,PURPOSE AND GENERAI,PROVISIONS DESIGNATION OF DISTRICTS,METHOD AND EFFECT OF ESTABLISHMENT OF DISTRICTS,AND ZONING 14APS USE DISTRICTS . SPECIAL TREATMENT DISTRICTS •'... CONSTRAINT DISTRICTS ,. PROJECT DEVELOPMENT ... ZONING PERMITS ,....•...:• USEPERMITS..•:'..- .•. ''.. VARI&NCES '.••.;.... AMENDMENTS '•...'•. NON-CONFORMING STBUCTURES AND USES .. DEFINITIONS^.;•...•.,.:;\...'. ENFORCEMENT,..LEGAI,.PBOCEDURES &ND •:• .PENALTIES :;:.-•,'.:..'.....•,.........:'....,'.,/..- SECTION 14.00 EFFECTIVE DATE:;This Ordinance shall take effec.t .Septeaber 1,1972. .INTRODUCED BX:'';•• RALPH.S.HIROTA Councilman APPBOVED: .^r^;.// Coundilman Counctlman 1 ?•-<•.»->.-z,^^(^/^^^u./?1.<^i-/'-<-,^.-ss\ //^:CounciimaH'^:•^"'—'""~-7--~.'•^Councyl^ian ^^^>^4^'.'^^^^^ ^'•ii • CohncKLman DAIE OF INTRODUCTION:.;• June 6."l.qyz Lihue,Kauai,Hawaii /y^^^ Cbuncilman~^~ CERTIFICATE OF THE COUNTY CLEEK ... I hereby certify that hereto attached is a true and correct ^ of"Bili'No'.-il4'which was passed on first reading and ordered to'print by the Council of the County of Kauai.at a meeting neia on June 6,1972,by the following vote:;..^ FOR PASSAGE:Ching,Malapit,Naumu,Shlramizu, Xotsuda,Htrota TOTAL -6, AGAINST FASSAGE:Souza ABSENT &NOT VOTING:None. Dated at Lihue,Kauai ,Hawaii June9,1972 TOTAL TOTAL 1, 0. ^^•^^;.. Tatsuo Ka£&^ CouTity Clerk ('•nimt-.v of Kauai r .^'v•'^ .fi:.... 0 ,/•'^. .,/—-. ^,. OFFICE OF THE COUNTY CLERK,COUNTY OF KAUAI STATE OF HAWAII LIHUE,KAUAI,HAWAII CERTIFICATE ' 'j. f. I hereby certify that hereto attached is Bill No.114,as amended,,: which was passed on second and flnal reading by the Coimcl.1 pf the-'I County of Kauai at a meeting held on August 15,1972,by the following vote: FOR ADOPTION:Chihg,Malapit,Naumu,Shiramizu,Yotsuda, Hirota AGAINST ADOPTION:Soiiza ABSENT &NOT VOTING:None _"s.Dated at Libue,Kauai,Hawaii, this 16 th day of August,A.D.1972. TOTAL TOTAL TOTAL 6>,: ^0. Kerine th'-'K.^Yamamo to County Clerk,County'of Kauai ATTEST: A^/^^. Ralpb S.Hirota Chairman &Presiding Officer ^^: /^REciCO ^ AUG.30.1972|Sj ESu'riWCLEIiK l>fr] COUNTY OF KAUAI UHUE,IUUAI, HAWAII Date of Transmissl.oa to tbe Mayor; August 17,1972 Appcoved this /'/tA day of August,.A.D.1972. ^^o^E.c-^L-^2^.^/ Adtone Vidinha,Jc. Mayor County of Kaual r ~~ <\ P^^W^mum^P) ^^e^<-^^e%2t -g ^/f^, MR.-.-.L^F^y^N^t we [.l0fi''l;;l-t'ii not a ^WR ^F KJLU^.tll^i->'>'(>'-'.i-ct .T.');LC(U:u'e r9~sS.iIc/nT fi-fciiff.X would ini?i<j:l.iiB the .^a-it:f wil.l ^G •frniji the ifCQ<t o?i-liina,l.KJ.. Ma.4.1-Oy^S;How woulv!your mc'nibyrsh.i.p uo""by the lifiOfrtli;.'..l-?: montliSp u.L"~uhe year? [lM&.^ti^(21'.]?:I't.woul'i ^e a pi'ii-'mfinent ;rt-2inb«i-aiu.p i..vliJ\;f):;;'I!;L-;I ',.>Qft be soXcT'fo someKcjciy (ilsfl',ay we sou 5-i a-i:thiy I'.ifi'c;, MJi--...-T/i^M^i?; 'Huw do you ln-l:t.;nd to iiaoclly Lh'-f d^.-^iii'yA .•-«i.hj.^ yrea;~wiTitl)^.~B"0 conteu.L.l.ed i?y thy 'isroe roijte?W.U.I.K.i-ic'i'r^i;t!lrd propftr^V below? :L.l7 ''^-pr^aS'^.v will bocayde il^^'u ii-i v';.>t'\'j.it'cle .icvj ci i.i.itr) t'.roin Ihs '••iiHrtc.'Lny d:c3in;:!jo ).-i2i:t,>:-.^ri3.The c.i'u^&jl'pct'i/fc.-,yj-ii •jli.^f't^;<:-;r' back t.o [•.hls yitJ ).y (cleycc^bKil the^d£3J.i"igi:'p.-iX't--ej;'if ,-aHSa^^^.S!w:it^i^°5°^^ V ;h^aife^£ffi%®il%^^s^j||^[^^a^^"Kow:^o'7Y^[^i^^^.^<)^ .tiR,^^OX;./<-tire tuki-iici i'l'i i,iniirt:r sdvi-.ifnynt roT;.r?t>.Ki^';vj:-1 i''.iL'<."no pliins ^'t"'rKs t.i-rne,, P-^^.W:11 T'IB ^arkinc|"?amoi.ltiv.a vio.ro banscl on gtine.'cftJ,-.•st,iirid;)rci£»-> 'ill,h(}$,,^i&,..nfta(r;'bo'knuw i'a bhtl:s^act nafcn^o nf t^is (iavaj.optnen.t..fi'i'i;'b 9ti.;LyH?9oAntj.^.ci,;'he.^lini-iit.isl.'l;a:.:ithe,mefiihersi'iip,then X .(ianr1;s^.e niiy ne<,"',l ^^.Jiha^i.X'i.ttUf).!;,q,f pai:king,;.-Aii;t .tf i.-c'y .going •iiu be made aviiil&h.l?•'to •thfeP'yb^'^'c'ii""'cl^iA'l.y ba.s.i^-'bhen "?,'"anif.ii.inl;af st.alis m"?-i.ho prov^dc-.c'v A^.Ahei.-tAmQ ••t.I'ie,.sUff pra'pa^tl tlift •(:ep,o;d,.,-Lfio na'l;u'ce u(;'^.IK.'d^vo.t.op- nient,v;a^iiot clttrir ys y')6.Tc;ti.,.a:c''e hw^bypt^u:^;-!<;itct?Boi'y visy^,.su •hhfi ••s'fc-af^'jus.t,uw:)(i the no^al Stanciardt?..l,l/e s'till need to know f.hB eicBct naturs of this davelopmsn-t;bo U'on out the pa.i.-li.i.ng 3;eqy.i,;-;ftiuyn,t,, I'-?L.^QHNSTpM;You w:e i'-ai.kina abniit.i-in tiy,i'ti,Mtion '.;oiu"i.;^w>;!u3.d a&ayme~:Ei:iHT"y''ou~v7il.T.-t;¥y -t-o sU-.yac-b oi>yiii[-!loiiyfi,!.p i-.fttim;^thon pia'cl'.i.p'i w.U.l hs a probloni. MR.'-.ro^-•^1'-I^y rior>''t',uj;o\/i<J.;;^ri.iiii.iat.e prjA'fi.liKi.!.l v<i.if;'^1.^^ v,i,iib.l.e~p"i:o;[S'c.T.^'.S'e src ptudylng rit.n'.hyv;vra can p'.i:ovl<:-thft pr'ji;lc"t.t;t:i"n cin au^3,3;i.rt^Y b»!?.l£;.,"/H'I.'S hcippy you b;;vi^'yht 'fchA1.':•(•o our ;i't'.t'.?;nt,'..nn. ;UMfX;:l^Afr.;,-•'i'/ho i >csi)you pi-essriL i.hA ^>p^':;Ui.^••l^l^ti^<,;!•!f-ls<,.'.|;>;.;i:Hj,(i9? ^•^^&'-c"^^eeL ^'•'Wit 'i.p'.tsyu ^'A~^,//< I'-^L.-^'OK^li ^Si1 Yt"->t^yFtTy 1:.!;(,"liti.^t;;!t.-.i^ifi^-f^-wiiy? U&.^.WX:SiJ.yhi.nciw .'.^'s PG-!:CSI .i.u,1'his i^i uii yafi^raftnt fc!(.,1.!<yfi besii granl.eci tu Pai'K?;l..1.7 t.u thR 1?t?ai.h sX'^'a (po.Lii^ecl out ;.hh:''.yaci^ <llCCOt;&),. ?>W.!_-SQKi;l!V/tiuid you ^stima't'?J.v>•s.'5 be ffhout 500 ieui? |ll!l-_![OX;No,we rion't 'thlnk It's T.l'i.t f ,]•-••...300-'IOl)faat. (Afi..JQHNSTON:IAl-.Csii.^wfi.LL,HTB ••uni sr,i)..1.liol^li-r.i ':i<7r.:-:;4i'•.•1";;'!":• lio'l.el.TOKor-l:UPB? .<;tins"/Ki.L;ve;?;-h9-fc h.;?£-;ci-;t.i:^"^y,.^"tt^ji.'•"->'•;.-.•••.-".;l;.i-!;- Rnri of^1')eros>:(3(?wr»to tlii'boacl'i,Tlti's •nFL,c.,-)'iittii1,''h:<m 'CtaA'i;<r'.i.n u.;..i.,l. iii'Le.vseul.f.u i';h<i whois r^At^rn hovindary ^w\.'.ft?cl ^u i-,iiu Morcly pt-apii'.ft.y t.0 iite l.ii.',r.-ch, Wi^Lt135'5 *{,P,^MeSzitJ^F-fHE-^^/.^?z-, fi.C^\py^i6.fc^^i^/-p^R^l^R6^^5' ^StVF • ^zr P^STSS?j-^ ...£,lO?^ VA<K^A^^^ffi^rii^^/-f^<(L L^f EXHIBIT 11 HBR 004218 Princeville at Hanalei /s>ff'-i':S <^5S7/^."~'v\ ^.:-' ~<K'J June 24,.1872 \'':,:-\ ;^.''^"•"'-->'-"••I \ Mr.Brlan Nlshlmoto Plannlng Dlrector County Plannlng Department 3021 Umi Lihue,Hawall 96766 Dear Brlan: Referrlng to our Tune 21st dlscusslon on the varlance appllcatlon by General Hawallan Development Gorporatlon,I am submlttlng a oopy of a letter from the archltect,Donald W.Y.Goo of Wlmberly,Whlsenand,AlllsQn,Tong &Goo,to the owner regarding the concept of tbe Hanalel Beach and Racquet Club as It pertalns to parking. Ihe parklng requirements,as established by the plannlng staff are 228.The plan submltted on Tune 2-lst provldes for 249 spaces wlth addltlonal parklng for 20 golf carts.It 1s hoped that thls wlll amply meet the present County standards. Yours truly, Donn A.Carswell Vlce Presldent D^C:at ^-^'L EXHIBIT 12 Hanotei,Kauoi,Hawaii,967N Telephone:808/826 65iiWBR 004223 "\^,..^^fy::'r-!f^^^,^^y^i j:;''''x-'...?1""''.' ••w^^^,.^&fsS ^y^'S'^";-";''.'"••:""''':•''•'"•'. June A:. ;t.;.^ ';•';•••f^: Mr.Peter Amcotts Geaeral Hawaiian Developnnent Corporatioa 745 Fort Stroet,I5th Floor....' M&wsli Building ''.. Honolulu,Hawaii 96813 .Dear Pster:.,...';'•'''.';:•,.;''••.,"'^:'.,•. '•••1WS3S^-'^/^•'"^.:lsif\ff^S^r-/L,'K f-j^{-*'"i•C.5/,,. /•<^'"}'l "y.^j?'{^'"-s0'ta...;K•^^L^ ^SllS^' \li- y ..Re.:,;;{Ianalei Beachand Racquet Cluo -Job #7133 •':>;1: •,,'In raapouse to tke plarialag commtBalon'B report requeBtlag addltlonal .;,.,,pa:rkiag apacefl ln exceas o[tbe 1.50 preaently sfcowa on the.slte plaa,wa.,, ,.,-haye prepared the attached dra'wing dated June 7,1972 ladlcattag how ;."addltfoaal parklog may be accom.pUahed.':,• ^-.•..It-'la.our undfBrttaudiBgthat.tl»i.«i_pxQJect.l8 to be zoned by the Kauai Plan-• .1:,.-Blng-eoininiasioa.a«amultiplc dwelllag.dlatrict.TM.B zoalng impliea •.;"..'•.•.th^tatiteM^li^a..na.gSna.».'*X.c.ojBroA?.cial,.UB^^-Therefore',. ;;^dto";p»aski;agyr<'quireid.£or;thaBeAcfe AOfi^Jtasquet Club'eihould Ae Aas^d on ;}',iL,tbe-oaO-{<iT-ortep»rMng requtremeatfair,the:dw;ellingunita;Wewould,;•, ;J,,»li<(y«tr.ec6gn*ae;thatadditional;parklng_sbquld.be proyided for the^^. ;..qtd.jreAi.tsi^in&intain the grounda attd.the Club facllities.We would estlmate • ?;;..;th»t''tl>enoa-re»tdeate(nployeeBwould tbtal ap'proJtliriately twelye,.,.^:i;' •••:^'s'^,'-••-.'••':•-••.^••-•:'•"•'^•.•'••''•••-•"...':',•''.—':''.1 "•^/.%^. ^'!^.A ejl|!jdlA5<lfeth^.Bat3^^.<i£lthe.A?tyittitifto.te°"lB..facilltlea.,we »fould,,es.pe<:,t^.\.; ''^-QC»»(jy^^|jfi^hitlonA.^Untfii6SAt-tQLjhelBBlac<xHl&Eommunity^«aa^eai^ *K-i ttl'"<i;i?nBiiciutitty';;For these occasioiiis,we would auggest that the owner* i^'-;.•;',aadnianagere otthe prpperty tq^teinporarily allocate.ths greater percen--.' ,;...,.^tagfi^j:>£..thepaye,4;Farklng area to theafer-type parklng.Thls would Increaae «.'-.:i.^';die nuinber of.parlcing in thai area by approximately one-thlrd.The balaace ;;'-.;•','pfthe.paved-parkingspaceB would be resarved (or those residente who : »^£i-:'?lm'1^abticipal.e retUrnlag or lcavlag the groua.ds duriog.the exhibltloa -, !t^?^n^pertod....'...;.;^..'•:'••^'•:•••'••';.;-.•"..:••'.,'':,•''"i'.;'-.';".•;;./': .,i i //—"•"^••..•;^.;."?.•'':•.":.•:' •^•^/^'"• HBR^OCMi224 / ^^^^^^^^^^^^^'r^:'^^:?.'^'.'^'•"^^'^'^y''^•'^.'!"-' ^^&^^%^^;SI^S^I':y'~:'^il9:'':-••'"'^'•'•'••':-:^.^^.^/..•.'•:,'.'^;'^'^^'^'^.^•..^^^^y'••^SWS3'KSM:JW1W ;•:,/--- :General Hawaiiati Oeveldpment Corporadon .'.Attentioa:Mr.Peter Anncotts -Z June 9.1972 '•!?";'.Wcwoul'd furtber recotnBi.esAJhat grasa areae adjacent tothe paved parklng . ;,'.b,e,:preparedwlthagrave.lLbaae.couT8B..inorder to provide addltional ov^r- ,.,.'.;,;'flgw parfclag,Doa Carswell suggeated tbat this is presently being uaed !;. i •'.Bucceesfnlly at Princeville.aad has been coinnaoa practlce ia soine of the ;. 1',;-•;olderHonplulu commualties,aucb aa the Kailua dlatrlct where theTe are ,!^,.;;,no.Bti'eetcUTb8 or driveways to.maay of the homes.'This wlll be tlie niost. .;,.'y-''Best.hetic solutiQB totbe occaai.onal additiooal parlcing requlreinents,I. ;,;.-.~,.'.'.Upon y.oiir revlewof the attached drawiog,we.should get togbyteriaad dlBcuaa ;••^.•'•ttiiii caetl'idd o£preeentatioa to Brain Nlshlmoto.Aa waa stated la the publlc ;^;';i;^.;^i^fae;ariBg,vetndicatcd.io;li>ecnthat our re»ponae 10 the parking quesllou?;'' '.,..;.^,,".;'y9uld beforwardedto thenanext week,..,.,-:\':v^"f:.-."^.^:'^':''^-.:''-•• ••i^; Very truly youra,•.^:!-'hi'S:'^,^^:^.%'2^M'.i.:.i''!¥'^.^••••y ; ^^•i^6'^;':';;;'>''r:-^?i^:''''?^''r';;\-i:"'''.^':•.-.'.::"<'''^;.:;i •^..','"'•. :^-i^^^^M^y^^^S^S!'S/.::&s^-s'''::\'Ponald W.Y.'-poo '••.^^ft.'y^"^.^^'^..' .-,!•'....^.^.^•.''-••'..'•^••.•:'-'i'^.^'i-^.'-^-'-^•.'^:''e-.' .••••''''•'•••.'•:.'•L,''-^."•-•'";"'.'•,.••'.'•"'^•'''•'•••"•''•.••••'"•^••'-"':':1-IL'''';'..-''••'"'•'....•"''...'":••;''•..^•1..-:•;..'\.'..^../-'..•:•••'•:;:^^OWYGi'cay.;,^ A^^^.^'^^^ucloBur?,,,,^"^.'-?!^.;;;;,^.^^.,;.'.:-','.'.••:.^;:.;,.^ K ••'•'f^'iSy'fi'sss^^^fgg^'S:^^:'^:'v~is ^'[/•''^'•.^•^.' ^',:,^X^^^3^M^®^^^^i^w^^-^l^''':^i^^^'^:2S^1 :^^^'i!i'iS:l^'^'":^^.'•y'^'-; '."' •Afcri'.^'f?;^w':"?^'•.•••'.," ^&'':n'^^g^,:'sl%K\-::^;'^'ei'v^:,'^;c:"'^'-:':'y';'''?;^'•"^••'M:'«S}:W^wsy^:n/':vf'^''^"s^''.•'.;:^'::'^ .';-.l:':.";'''';?A,:<N;ft'^:;<<':.i;.y%svi?tA'^''''-wLi''t";.1''..''^'^-.'.;;•'-''•^^;:':y:'•'s^Sgit^S'yii^s^Wv,.^^'.;^..''.s;^'':.';.~::'•"y^'^•..:'"• i&^'^fe^^^^^i's^.^rf^/iy;:^;'.i:'^'^•.;.''''.•''.'.•.^"•'.:"-:''-:':'^i^sc'vaSf''-,,yS'-::v :,'•:'' :y^''^.:^''^'^v:s'K^^^y\'^i'''i'\^.'''^'"v''''.f'';"'.'•;''•''"''•;.',','.••^".^^^:.^'-;-':.: 'i-;:^'HBR"004225 :^ June 26,1972 .^'il3^..i^y'iit^,^r!j "^•;;. r'"\(l' '"'""" V""\s -w -)3;2 't. •r "•-.; a^i-;''"u.'t.-^'."i;/,r ^,, '•"'-°•"w ,^/' County of Kauai -—.i...'-»-i; Kauai Plarming Ccmnission Lihue,Kauai,Hawaii Attention;Mr.Brian K.Nisltunoto,Plaiming Director Subject:PKTNCEVILLE -LCCT #16 Gentlanen: The staff report of the Kauai Plamung Ccmnission,dated June 2,1972, -SOTE the proposedsBanalet:Beach anfl fiasguefc.Glub recaimends approval subject to five Oonditions.Since the date 6f the public hearing General Hawaiian ^Develqpnent Corporation has talcen the necessary actLon to;,sati.sfy tbe; specified conditions. With respect to the first condition that "all developiient be H30KED up to the sewer treatment and disposal facilities":the final oonstruptton .documents will be ocnpleted indicating hookup to the rnain sewer trunk llnes provided by Princeville. In conneetion with the second condition that "the parking defiaiencies be resolved":General Hawaiian DevelOE>nent CorporatLon and its archi-tects . have revised and expanded the parking facilities to nore than adeguately handle the requisite parking as shown on the attached revised site plan-(iated Jime 7,1972,showirg a maximum of 249 cars.The related.guesteua ;;Gf<«tetet*intena^;Bse of this privato facilit^is descrtbed to Jolin;Iteia.ly's .iinaggiKgSfflegpE^June.lA,:I972,and the architect's letteyof;JUnfi,9,lg'72., attached herebo. Iti regards tto thtrfl conflition that "the oorrected boundary Itnes be sulxnitted along with the relocation of the 10 ft.sewer easement";Eagle Oounty Dewelt^nient Corporation has-sut.mitfced or will subnit to you the revised plan reflecting these revisions. Eeference the fourth condition that "the building and smmmlsg pool pLans be subject to plan agprcwal":General Hawaiian Developnent Coiporaticn hereby gives its assurance fhat the taiildlng and swlnming pool plans ynll be .ocnpleted In accardaiice with tlie aiylicable codes and regulations and pcesented to the appcopriate agencies for aEprcwal. ^.^'b General Hawullan Development Corporatfon 74.S Fort Street,Suite 1600,Hawtfii Bw-lding,Honolulu,Hy,ip^\^6 iaiie_SSl-e79.l County of Kauai Planning Ocaamission Ke:Princeville Lot #16 Page 2 June 26,1372 Beference the final condition that "a landscape plan will be sub- mitted at the tlme of buildlng pennit application":General Hawaiian ; Develqxnent Corporation herety gives its assurance that the plan will be suhnitted as required. I trust that the above information is satisfactory to you.I ; will be present at the July 5,1972,hearing in the event you should need any aasistance in making your evaluation of our pioject. Yours very tculy, QENEBAL HBMMIM]DEVELOEMENT CORPOKMION ^/ EeillyfohnW.Eeilly General Counsel Enclosures JWR:CS D.W.Y.Goo D.A.Carswell HBR 004227 ^^rw ?^'«..' •'fSi \'S s'?'^^P^-¥4^HEMORASUUK 'so:•n'iiE ySOMi JOHN BBXLLY SUBJECT;HiiNaLEI BEACH ABD KACQUET .CU!B ^jAffV^^ tti ices-oastse to inquiri&s £ro»tiw Kana.i Plaiw'ii.ng CoiiBaissloji|re- gard.lag the.in<-.®Kded use o<'fche B.iBg.lai B<attc.h »Rac^uAt Club, ttsfi followitig inSormats-on ;s.s svibifti'fc.fced;.; W ']:^-to/'sloPS1-'' .G»s'~r^. S'iscl)yu.h!.i'^Sf^S5~SS (2) (3) •<ii,i«-iTBraSEr7a~<w.a9 ha^-®B<feS(^M^a3ia« ari^«^ili^^ •«»(>.A.t»»3.AlA-&iL^^aaiJAiaa.Such entifcy will distaCTii.i.ne tfte SGOP&o£nee 6f the cXub..•Pfe—a-s ee';rtian>»la*fi£LAte.'i*'"»s'®-CTt t*^-<sta}a«^^U~AiiB«Jj]^j.£gd_£o_jiiah»aeia)&«TB'',Siace tS'ia club .J.B theya^ors ao't ;i.pVtSii.'.;iaeility ifc.is fel'liWftiaaAB^iiagaB' Siac®the club wj.13.be a rs3j»s—fca»aA6~<!i*)sito,it is antj.cj.ge.t.ec' that t.her®'priXX Be-shseis^TSHST'^a&'lriio—fe^w'etra's'ieniss.To handla any Keaultis.g.a.dAl.fioRal pa.ckitig ^sq'sixesssa't.a,our a.rebitects bcive laevis's'd a systa'a of tfeeatar p&cltissg •to sc'conw.Qdata smy averfl&w.Iti addition,bases can bs employed tu traaspOKt ' spec'tators to ths club foa a.sy-sgsci&.l tennis'event. (.4.?rt-Wri^"ke'Spg~TS"5'j'?iTTa'S'^Sgn* ^aASWs&sS^Ui^'iliieiiMaei^iiSii^isssi&assiiui^Miisim&beasi^^aa^L&-&aeauat:a to handle.vehicle i-euu.ireAants EHBi»ietBssa»" "? ^^,/ y ^•^.I'^/'.cwi^^ff^t .f "'" / ^ha Beilly •/,$'obn Beilly JVS.'.ca HBR_000870 JR»a*A^;?ST%LiAi^^:t&Si•GWWiWsxstiS^^y-aa: ^S.^ii^y^WTO.'tWL.^?a.('a.^^;^^? c ^. KAUAI Pl./IMNINB CQf.lMISSXON HESW;W MEBTI'NS JULY 5,1978 The regt.Uar rnee'tins of fche Planning Comii'ssion of -the Gounty of Kaual waa CEilled to ordsr by Mt.Hobett Kunimura,Chairmaii,a't l;3&p."'"°n Bednesday,July 5,1972,ln thii coni'erenoo looin at theLlhueLibrary,F'ollowi.ng Cominiss.toneys answerod J'O,I.L caJ-lr Mi-,Roberi Kunimursa chairman Mr.Welconie Albao fte.Ricrtaxxt J'ohnston Mx^A,lfred LoniSi,Jr. Mr^Takato Sokgi Mr»Leonard Zftlopany Absent &excused; Mr.Gisao Ta'keish:! MNIJfES; 1'be f(3J..Low.iii0 niinuies we;ce approved as c.troula-t-/o<t on n>ot;lon of Mx*John;s1;on#seconded by Mr.Sokei and oas.'ried: Sp^cial Mee-ling o£May 17 &25».1972 ftegular Wea'ttng of June 7,1972 Speci.el Mee-bing of June 26>1973 CU*WISSION ACTl'ON ON FOLI.OBMG PENDING V.A1U/INCE APPLJCAT.IONE.i .VjiJ&^.-W-SS&iS.^saggfSSSS-^&SSSSS&aS.'..Planni,"9 Dlrsct&.t ;o i'ejad'ond Tec0lv^''{:"ox'-f.lis-recor<JT~a~r9t'ter (6/26/72]from Jcfflias Wii P^yton^-fcogffih^T wUh a rsviyed plot pUn showing a .100-unlt low rise,y.'yepias't.inci tl'.a'b the v&riance application tafi granted on 'bi^eir nev?pyoposalf Sta'ff mefiiber»Arabrose pernandea,dQscribed the plot.p.1an which waa redeBigneci from a 150-yni-t,devslojpnien't to g •lOO'-yni't c.lus'fcer 'bype devel.opmeni w:lth ciensl'i/y at 26 units/acye, Mr,John&ton stater.1 •fch^'t du^'to •the fact tha-fc All Hawgil Investmen-k CQrpoxation has itubmit-ted new dsvelopAiQnt plsns for Varlance Appli- Ccttion V-72-6 and 'tha Comiiiission ts not infux-fnedl on •feho prospe ctJ.ve draw.'Lng,dfinsl.ty,snd sowsTags systein^which the State H'ealth Reparbnent; has developsd a pol3.cy,he moved to take the niaiter undey sdvisement at ih.is -fciriie,The mo-bion wss secanded by Mr,Lotiis and ynaniinouely car^iod, y V-72-XJL,General HawaiJLan Developmen-t Corporatioti:Tbe Oirsctor ,receivS(T75yCK&xec5ScTa Te'l;ier"T%7]2?772y ¥r6in;0bmi A>Cax'swel 1.,'Vtce l)Tesid9nt ot"Eayle County Deve.l.opnient.Corpora'bl.on,•transmi-b'fciug copy of lottars 'froni John Reilly and Dona-Ld Goo,for General tlawai:lan Development Corporatlont in response 'to •tho condltion?for approval „^ rsconimended by the Planning stsff. The Directox'ny'becl iha-t:the p&Ticipg scheitfe naw niee-tis -fche ,ce'quire» mon-t of our stanciards,and -fchere is also a eonuni-fcmen-t:•fcu subuii-t; landscaping plfins. Mr.,Zalop^ny fDoyod to approve Vsriance AppljL<;at,5.on y"72-».U as reconunendect by ths s-ka^fp s<jcon'died by Mr.Louis and unanimous.ly cai-Tied by the followlng .rojLl call vot^i AyRS;Zalopany;Albao,Johnston,Louis,Sok&i Kunimura "•6 NOES!None -O AB6BMT,NOT VOTINB;Tataish.t -J. EXHIBIT 14 HBR 004228 EDUARDQ E.MALAPiT riAYOR BRIAN K.NISHIMOTO PLA^MING DjRECTOit COUNTl'OF KAUAI PLANNING DEPARTMENT 4280 RICE STREET LIHUE,KAUAI,HAWA)!96766 July 7,1976 Mr,Charlea Hosokawa General Hawaiian Developiaent Corporation 745 Fort Street,Sulte 1500 Honolulu,Hawali 96813 Dear Mr.Hosokawa: In response to your 6he property aontaining Apartan^nfcs is zoned Reqldential Comprehenslve Zoning Oitdlnance deftaittl.on of '\afSl be informed that feach and Raaquet Club•ict R-10.Under our ss amsnded,the tl-faad.ly dwelllng"IB! A bfiildl.ng or .pdlttSn thercof oonsl.stlng of two\(2)or aQ^e dwelling unlts and deslgnad for\ecupanoy by two or aore familles llvlng tndep^adSBfrty of each othar,whare any one of the construated unlts ts structurally dependent on any other unlt. Our Qrdinanae is sllent on the length of occupanay or stay o£occupants of the apartmenC unlt.As such,In my optnton there 1s npChlng aotiCatned in our Ordinance which would prohlbit short-term oocupancy uae of an apartment unlt,like a day. For your information,the deslgnacion RR-10 neans Reaort Dlstrlct -wbere the nuaber rapresants the mastlnann number o£ dwelling unl.tg pennisstbls per aare of land.In the case of EXHIBIT 15 HBR 004283 Mr.Charles Hosokawa Page 2 July 7,1976 hotala and inotels (contains no kitchen),aueh units are oonaldersd as one-half o£a dwelltns unlt in aomputlng Cbe allowable number of units.'Shi.s would nean that under the RR-10 designation,20 hotel ttr motel unlts may ba permi8BdLbile an a<;re of land In terms of;densl.t;y.In addicton,Resoi^t Dlstricta (RB.)pemlts certatn types of connerolal uses that are not outright pannlttad In the Realdentl.al Dlatrletfl (B.)« In the.Resldential Distrldt,however,certala types of com- merci.al UBBS,i£found tiot IncoBipatlble to the rasldenttal dlstrict,aay be permitted through a IIse Peralt proeedure. Ihe foregoing information is based upon our Gomprehen- sive Zonlng Ordinance No.164 that was adopted and beaane effeotive on September l,1972.When General Hawalian Develop- taent CoKporatlon ftrst applled for peralssl.on to develop on tha property.it was prior to the adoptlon of the GZO. At that time,we had an Interla Zontng Ordlnance and all ustes on Kauai,exaspt slngle faally dwellings,agricultural uaas:, and parka and playgrouttds required a variance peralt frotn the Interin Zonlng Ordiaanse.As such,General Hawallan i Devslopnetit CorpQratlon appll^d for Varlance Permit Applicatlon V-72-.l;l.'Btie vartance appltcatlon requested for aparttflfints osntered aeound d beach and racquet club containing recrteatlonal facilicles suoh as swlBmlag pool,tennis courts,dining,shop and offiae apacas,and was approved by the Gounty Plannlng Conmlssl.oa on July 5,1.972. Should you need further infonnation on thls matter, please faal free to aontaet me. Sinaerely, BRIAN HISHIMOTO Planning Direotor HBR 004285 f'~ JOANNAYUKIMURA MAYOR c^. <e p ,!»• <^' ^ ^a^ J TOM H.SHIQEMOTO PLANNINQ DIRECTOR ROLAND D.SAQUM,III DEPWV HJ\NNING D1REOTOR TELEPHONE (806)245-3819 COUNTlC OF KAUAI PLANNINS OEPARTMENT 4280RICESrREET LIHUE,KAUAt.HAWAII 96768 June 5,1989 Mr.William Wessler Architectural Services 1415 Kalakaua Avenue,Shit.e 210 Honolulu,Hawaii 96826 Subject:Rroposed Improvements/Renovations at Hanalel Bay Resort TMK:5-4-11:3 Please accept my sincere apology for this belated reply to your letter of April 5,1?89,and for any Inconvenience this may have caused you.In respanse to the scope of work described for this project,the following informatlon and comments are provided: 1.It has been determined that a Use Permit and Class IV Zoning Permit" will be required for the following improvements: a.additlon of "prep area"for existing restaurant kitchen; b.pool bar; c.central air-conditioning plant;and d.tennis pro shop. A Use Permit and Class IV Zoning Permit is requ.lred since the afore- mentioned uses are not generally permltted within the Residential District (R-10)and wil-L be subject to the review of the Kauai Planning Commission.All other improvements would not be subject to.the review of the Commission but may require a Class I Zoning Pennlt as more detailed plans become available.It would be appropriate,however,that the entire scope of work be identifled on the Use and Class IV Zoning Permit. EXHIBIT 16 HBR 004288 Mr.William Wessler Page 2 June 5,1989 2.Construction of the proposed tollet with cesspool should be subject to the revisw of the State Health Department prior to its construction.Connectlon to the Princeville sewage treatment plant may be a condition imposed on thls structure by said agency. 3.As I recall during our meeting,you mentioned that the installation af new air-conditioning units or soffits are part of the proposed improvements in each unit.Although this was not described in the scope of work,we note that it is called for in the drawings you submltted (Guest Room Floor Plans).We have no objections to the instal.l.ation of these improvements,however,in reviewing these floor plans,we believe that an assessment by this Department of the overall operations at Hanalei Bay Resort is necessary for the reasons discussed below: a.As we under.stand;,Hanalel Bgy Resort (although containing resort-cpndqmi'hium units such as dwelling units)is currently belng operated as a hotel where the units are prlmarily occupied on a short-term basis.Please be advised that the nature of the oiaeFations (short-term rental or time shaie)and the number of eondominium units on the project are not a problem.However,we have observed that there is a potentlal that the project could be operated both as a residentlal project (rooms rented with kitchens)and hofcel (rooms without kitchen facilities).This dual function,in effect,would be a problem in that it would be in violation of the existing R-10 zoning of the property and exceeds the density of 134 units which were approved thereon. b.Our contentions for this potential problem are based on the floor plans which provide for separate entrances for each bedroom and the connectlng doors from one bedraom to the other.The connecting doors as we have observed in existing hotel projects could "lock out"each room during peak visitor season.The three-bedroom type as indicated could therefore be rented out as three separate hotel rooms. At this time,please be advlsed that our comments on this matter are based on plans which should be further clarified.Specifically,we would like to know whether the design layout for the one bedroom and three-bedroom types, including entries and doorways other than the improvements as shown,are existing.An inspection of the units may also be necessary to determlne whether the project,relatlve to use and density,conforms to the provisions of the Comprehensive Zoning Ordlnance.We trust that you will alert your HBR 004290 Mr.William Wessler Page 3 June 5,1989 client of our concerns slnce each owner,including nan-management owned units,will be Involved financially if the remodeling packages as offered as part of the overall project are transacted. Thank you for the opportunity to reyiew and comment on the proposed plans. If you have any questions,please feel free to call me. -^t-s. BiyrtbL-gAftACLAY Pl'ahner (y HBRS04292 >.'x'w MARYANNE W.KUSAKA MAYOR "~'^...t irt"*'^r*»i^^' A'!._.-. -,f ~»; COUNTt'OFKAUAI PLANNING DEPARTMENT 4444 RICE STREET,SUITE 473 LIHUE,KAUAI,HAWAII 96766 DEE M.CROWELL PLANNINC DIRECTOR IAN K.COSTA DEPUTY PLANNINC DIRECTOR TEIEPHONE(8B8>241-6677 FAX (808)241-6699 November 6,1995 Mr.Rick Wall President,Castle Resorts S Hotels 745 Fort street,Tenth Floor Honolulu,Hawaii 96813 Subject:Hanalei Bay Resort In response to your fax transmittal dated October 31,1995,this is to confirm that the Hanalei Bay Resort Facilit:ies may be used for hotel purposes.Based on our researeh of the project file,the Hanalei Bay Resort was approved under the provisions of the Interim Zoning Ordinanee (Variance Permit V-72-11)on Jul^5,1972.The project consists of 134 Eesort Gondominium units and has been operated over the years as a hotel.The hotel operation, therefore,is considered a legally existing nonconforming use on the subject property,which is zoned Residential District (R-10) and Open District (0). Please be advised that altsh.ough the use of the Hanalei Bay Resort facilities as a hotel is allowed,such use or activities should not impact the design of the resort condomintu'm apartments as dwelling units.Dwelling units,unlike hotel rooms,contain a kitchen for food preparation and cooking.Therefore,the rooms that are rented at Hanalei Bay Resort should not consist of more than 134 resort apartment-aondominium units.Any attempt to rent individual bedrooias or "lock-out"units independently of the main dwelling or condominium-apartment unit would be considered an illegal activity. ''^^SSA^tXeS.sa DEE M.CROWELL Planning Director cc:Clinton I.Shiraishi EXHIBIT 17 AN EQUAL OPORTUNITY EMPLOYER HBR 004304 DECLARATION OF PLANNING DIRECTOR MICHAEL A.DAHILIG I MICHAEL A.DAHILIO.hcreby declaie and affirm under the penalty ofperjury that the fbregoing is tnie and coirBct to tlie best ofmy knowlcdge and is based upon pcrsonal taowledge unless stated otherwise herein. I.I am the Planmng Director for Uie Counly ofKauai,Slnte ofHawoii. 2.I have read the Novcmbcr 6,1995 letler fi-om prior PIanning Director Dee M.Crowdl to Mr.Rick Wall,which is attncbed hereto as Exhibit A. 3.Pursuanl to the cuiTcnt County regulatiDns,the position provided in the letter slill accuratcly rcflccts the Department ofPIanning's position today. 4.I dcclare uadcr penalty oflhe law Ihat Ihe forcgoing is true nnd corrcct DATED:Lihue,Hawaiiii.ll^Zo/^l^ \nCHAELA.DAHILia Flanning Dircctor,County ofKauai EXHIBIT 18 Bernard P.CarvaUlo,Jr. Mayor Wallace G.Rezentes,Jr. Managing Dlrector CERTmED /'''v': FLANNING DEPAE.TMENT County ofKaua'i,State ofHawai'i 444<t Ricc Strcet,Snite A.473,LIhn'e,Hawd'i 967(6 TBL (808)241-4050 FAX (808)M1.6699 Michael A.Dahilig Director of Plfttining '•N1,' Ka'Sina S.Hull Deput;r Director ofPtanning AU6 O 9 20.17 PEKMIT GOMPLIANCE VIOLATON &ZONING COMTLIANCE NOTICE TO;AOAO ofHANALEI BAY RESORT C/o Grand Pacific .Resort Mauagement 5380HonoikiRoad Princeville,Hmalei,HI 96722 Atta:GregVeal,GM HANALEI BAY RESORT VACATION OWNERS ASSOCIATION Deborali Fraga-Decker,President,Dircctor C/o Graud Pacific K.csortIManagem.cnt 5380HonoildRoad Princeville,Hanalei,HI 96722 Atta:Greg Veal,GM ' COGENCY GLOBAL INC. AGENT for Owuership &Managcment Entiiies 1188Bishop Street,Suite22I2 I-Ionolulu,ffl968l3- Attn:Nancy Akamu Hui,Agent SCBJTECTS:NON-COMPLIANCE TO FERMIT CONDITIONS &ZONING COMPLIANCE NOTICE Ref:Variance Application Permit V-72-11 Approved Paridng Requirement,249 Stalls and Approvcd Density of 134 Apartment Dwelllng Units on; TMK;4/5-4-011[003 HPR 0&01 thra 0137 Hanalei Bay Resort Hanalei District Princeville,Hmalei,Kauai,Hawaii The Planniiig Departaients En&rcement Division has received coinplainls of nbn-campliance to pemiit conditions as stipulated wifbin Variance Applicatton Permit V-72-11 approved July 5,. 1972.Aflioioughreview ofPermit ffle documeids including Departmental conespondeaces has been cond.ucted and the Departaent tias determined fhat a Permit Compliance Violattoii exists. An Equal Opporfimity Employer VM012 Mnste Filas Enforccmcnt S-4-1 1-03 CZO RBPOCT-I AOAO Hlirld Bay Rnorl 8-08-11 U>M PCV.dac EXHIBIT 19 AOAO ofHANALEI BAY RESORT HANALEI BAY RJESORT VACATION O^W^E.RS ASSOCIATION COGENCY GLOBAL INC. August7,2017 Page2 Co'nsequeufly,the Planniug Department conducted field inspections ofthe subject property on June 27.2017 and Julv 11,2017 alo.ng with in office investigation of web sites and acquired on-site advertisements,The Department fmds the followiag discrepaiicies and violations of the approved Variance Applicalion Permit: Vttriance AppUcation Permit V-72-11 1,ParlungRequireaent,provide a total of 249 Stalls Refer to construction drawings "Master Site Plaii"on Sheet A-l.1 dated May 10,1978 in accoid with Variance AppHcation Pemiit "Site PIan"dated Jmie 7, 1972.^cirmed o]ans call for 180 caved narldne stalls and 32 "Lawn Parklne'"for a subtotal of 212 avaQabte uarkins stalls.AIso aBorowd is the Brovisions for 37 Theater Type sarlcins'uiwn the vayed varkine ca'ea wovidins &_''GrandTotiil"_o[249 vehicv.lar oarUne soaces. Noted violation;An onsite count ofavailable paved parking stalls conducted on June 27,2017 indlcates l§0_m'ailaIll6j}a.Md.l!aridn&8taU8 (26^Eentothe public and employees and 134 behind gated access)leaving a deficiency of52 ^vailablo'parldag 8talIs-along~witIT no provliions &r 37 "Thcater Type" paridng, 2.Permitted Densily,134 Apartment DweUings Varianw approval isfor 134 residential apartment dwelling units (60-Studlos,62-2 bedroom uniis and 32"3 bedroom units).The 1,2 and3 bedroonis unUs as Qpproved are to funciion and rented as comvlete dwellme vnits.The daily rental of each unit,similar to a hotel opeiation,where fhe unit is open to fhe occupancy by tlie general public on a commercial basis is addressed and allowed. Noted violations;Reviewed web site advertisements and on-site publications along with an on-slte inspectlon has revealed tfaat tlie mdividual "Aparbnent Dwelling"units bedroom arcas are being offered and rcnted out fts sectionftl iiccommodafions by means of implementing lock out doorways and the use o£the bedrooms accoadary exterior access entries as separate units.This use has created 280 individual room nuinber placards placed at eaoh exterior door access,The rental of all noted unit numbers inilicates that the maximum unit dcnsify 1s now 146 units over that whidi is approved.Furthermore,locked out 'bedroom areas whlch contain "instaUed equipment"(i.e.microwave ovens)and used to cook and prepare food constitxites a "dwelling unit"and ia in direct violation ofthe approved Vai'ianoe Applioation Pennit md the current Coinptehensive Zoniiig Oidmance, Based on thc foregoing,the Department fmds thc "Hanalel Bay Resort"in violation of the following Comprehensivc Zomng OrdmmcB,CIiapier 8 Sectlons: .^""~AOAO ofHANALEI BAY RESORT HANALEI BAY RESORT VACATION OWNERS ASSOCIATION COGiENCy GLOBAL INC, August7,20I7 Page3 Sec,8-4.6 Application of Density and Developmeut Standards. (a)Calculation ofPermissible Densities, Pursuant to: Sec.8-1.5 Definltlons."Dwclling Unit"means any building 01 any portlon thereofwhich is designed ot intended for occupancy by one(1)family or persons living together or by a person living alone and providing complete Ilvmg facilities,witUn the unit for sleeping,recreation,eatiag and sanitary facilities,including itistalled equipment for only oae (1)Idtclien, Any building or portion thereofthat contains more fhan.one (l)kitcben shall constitute as many dwelling units as there are kitchcns, "Kitchen"means any room used or intended or designed to be used for cookmg atid prepariiig food. Noted CZO violations:The subject properfy Iiiis advertised and rents a mflximum "Dwellmg" unit count of 280 units,146 units over that wllich is allowed withm the subjects R-10 zoniag district,Both the Variance AppUcation Pcrroit nnd currcnf CZO "Applicafion of Dcnsity" constraints provide for a maximum 134 dwelling units for the silbjcct propcrties Imd area. Ptirsuant to Chapter 8,Kauai Coimty Codo,you are directcd to oomply tritfa the followmg requiremeuts innnediately; a.Ceage rental and usc of the bedroom areas of all uuits as separate chYeUing units.Remove from the secondary bcdroom exterior access dooi-ways the individual room number marquis within 45 days ofthis notice. b.Remove all "Installed equipment"from any and all bedroom areas wlthin '15 days ofthia noticc. e.Based on thu lack ut'required paved nnd lawn parldng stall availability (a deficiency of 52 available paridng stalls),immediatcly remove the gated control poinfs to allow for access to aU parking arefis for use by patrons, unit owners/renters and employees ol thc permitted uses associated with tlie Variancc Applicatlon Permlt, d.Provide the Deparfment with a remedial plan to address thc lack of and provisiona for the minimum required parking sta)ls within 45 days of thls notice. Pursuant to Countv Ordinance No.919,you arc hcreby uotified tliat fallure to remedy the vlolation(s)may result In a Hne ofup to S10,000,00,and/or up to $10,000.00 per day for each day fhe violation persists,which inay bc appealnble pursuant to the rules of the Kaua'i PIanning Commission.You mny also be subject to criminal prosecution. AOAO ofHANALEI BAY RESORT HANALEI BAY RBSORT VACATION OWNERS ASSOCIATION COGENCY GLOBAL INC. Augltst7,2017 Page4 The Department shall schedule compliance inspections of aU uaits,as may be'reasonable in coiisideration of rental occupancy,wifhin 60 days &om date of Uus notice,Any imits found in violafion ofrequired remediation items a.md b.above shall be issued a Notice ofViolation and Levy ofFmes. PIease contact flie PIamiuig Departmen't in writine withm 15 calendai_dax5 from the date oftfus notice by providing an accenfable wriften plan for comnliance.Failure to comply with die above requirements provides us with no other altemative but to issue a Notice of Violation and Levy of Fmes,Fwthennore,inaction may resulfin ttie Plamiing Depaitinent's processing ofcivil remedies m additioii to initiating permit'revocatiou procedures.Upon receipt ofthis notice,please call Leslie P. Milnes,CZM Planning Inspector,at 808-241^064. LESLIBP.MILNES CZM Enforcement Of5ccr Concur KA'AINAI-IULL Deputy Qirector ofPlamiing co:Coiuity Attorney Office ofUie Mayor,COK DEPARTMENT OF PLANNING THB COUNTV 0V KA.UA.'I DEREK S,K.KAWAKAMI,MAYOH MICHAEL A.DAHIUG,MANAGINC DIK8CT08 KA*AINA S.HUI.L DIRECTOR JODIA.HIGUCHI SAVBCSUSA DEPLrTYDlRECTOR November28,2019 AOAO of HANALEI BAV RESORT C/B Bellcs Graham LLP 4334 Rice Street,Suite 202 Lihue,HI 96766 Attn:lan K.Jung,Esq. VIA E-MAIL DELIVERY SUBJECT;COMPUANCE PLAN -REMEDIATION AGREEMENT RBF:PERMIT COMFLIANCE VIOLATON &ZONING COMPLIANCE NOTICE Dated Augu8t9,2B17 Issu'ed to: AOAO of HANALEI BAY RESORT TMK:4/5-4-011:003 HPR 0001 thru 0137 Hanalei Bay Reaurt Hanalei District Princeville,Hanalei,Kauai,Hawgii The Planning Department herein references your Memorandum dated July 31,2019 (Auaclied here with)where in the Hanalei Bay Resort AOAO preaented a Compllancc Plan wliich included a "Parking Plan"map to address thc above referenced Notice, The Planning Department has also received and reviewed your amended Parking Plan_FINALrev4 Dated Octnber 28,2019 addressing remedial action required to address conditional requijements of the abuve referenced Notice,specifically Page 3,Requircment Item d (4).This submitted "Parking Plan"is provided to address concems raised iu the Planning Commission meeting o{Scpt.10,2019 Agenda Item I.l.a. regarding Pire Department access standarda and general parking standards as a whole, The Department,post review and comment by Ihe Kaiiai Fire Department and the Departmenl ofPuMjc Works,Engineering Division,flnds the aroended Parking Plan_FINALrev4 Dated October 2S,2B19 aatisfactoiy to remcdy Bequlrement Item.d,ofthe Notice. As set forth in your Memorandum dalcd July 31,2019,the AOAO requests a 90 day time ftame to implement the approved "Parking Plan"to completioa,The Department is in agreement to this time frame.The AOAO shall inform the Department ofthe completion on or before the 90 day period and the Department shall conduct an on-site ihspection to verify compliance. With regards to the Notice,Fage 3,RequiremeBtItems a.b.nnd c.the Departmtnt flnds the follnwing; Regarding Item a.(1);Cease rental and iise ofthe bedrooin areas ofall unlts as separale tiwelling unlts.Removejrom the secondary bedroom exlerlor access daorways Ihe individual room number maryvis wilhin 4S days oflhis notlce. www.kayai.gov 4444BictiStrt;etSuttcA473*L1hu'fl,HnWol'l 96766 •(808)24l-40SO(t)] An Equal OppOftunity Efnployer (80»)211-6699 (f) EXHIBIT 20 HBR 007923 AOAO at HANALEI BAY UESORT Compliaiice Plan-RcinediatEon Agieemcnt Page2 Thc Depnrlment finds Ihrough further invcstigation nnd review «{all issued pennits tha(the Variancc 1'crmit application plan prcsentation,bultding pennittcd plnns and hcncc construction of the Units is in accord with thc cxisting floor plans with designcd lockout bcdroom areas,The Deparhncnl rcqulres all aparlmcnt units fo not havc morc tlian onc (1)kitchen as pcrniitted. Regardlng Item b.(2);Reimve all "mslalled equipmenl"from any and all bedroom areas wilhin 45 days ofthis iwllce. Thc Dcpartmenl haa workcd with on-sitc managcinent and haa finalued inspcclioni ofnll Units. The Dcpartment shall iasue Zoning Compliance Notices to all Apartmcnt Units found to bc in violation of intcrlor allcrations nnd installation of a sccond "kitchcn"without proper mning pcnnils.The Depnrtment sliall inform tbe AOAO ofits findinga. Rcgarding Itcm c.(3);Based on Ihe lack iifreiiiilred paved and lau'n parklng stcill availcibillly (a deficlency of52 available parking stalls),immecllately remove Ihe galed conlrol polnls lo allmvfor access lo allparklng areasfor lise bypalrons,wiil owners/renters andemplayees ofthe peimilled iises associaleci wtth Ihe yariame Applicalion Permil. Thc Dcpartmenl achiiowlcdgcs thc lifting ofthc pnrking cntrance gatc barricr arms which shall continue in effcct (III such timc thc approved Parklng Plan Is In fact In placc nnd Inspected for complinncc.to tlic approvcd "Pnrking Plan". Please contact Lcslie P.Milnes,CZM Enforeemcnt Officer,of my staB'at 241-4064 or email at lmilnes@kauai.gov should you have any questions. K^AINA S.HULL BireclorofPlanning RESPONDENT'S DECLAIIATION; I have reviewed the violations set forth by Ihe Planning Department in the 1'ERMIT COMPLIANCE VIOLATON &ZONING COMPLIANCE NOTICE Bflted Auguat 9,2017.By directive ofthe Owner ofRecord and as Aiithorized Agent agree to comply with thc above tenns ofremediation in settlement ofthe identified violations.We underetand that failure to comply with these tenns could lead to issuance ofa notice ofviolation and/6i'(lyr to pay fmes. AOREED: lan Jvlig,Ksftdire, Belle^Gmfam LLP Authorized Agent for AOAO ofHANALEl BAY RBSORT Datc 19 DEC -3 R£i/. HBR 007924 RWt<iHaioi& 64 fAM»STM.it3AD*>PAVlOSTiULA 1 SBWREO Sr^U"9_fMv\u,a.w/uswnwiwiai fr Appnwit •p)>!r»frpU6i•»aAminwf lfor'<»nt)n»iiif?j»rtn)iuiltaSonhdtottsd [jiWL AnifJ>rt>ntftt*«rdw[*lii)n«h«l!bw ilnKtftd fof^u<(<ivuL ContlfVetlontf PMAtUl.PAraaMg,..HWS'amvs Kl:3 PAVEO SrALLS:£.-) ^FWiKWa «UMIAKCA'•poB:7B«flSSP^SW,?uwra;;v SSTM.^-' RarUag Lnt A -»portd ilalb Pbrkbq Lnt 8 -»(iwt.d WlltLotB-9 ParMng Ltrt B -3/iOA pmBd'>tB|l(Pcrtog Lct C •W po<»dttfln*"°:un9Ldt ?-'.<!nn?a"*?reF?1cd f"Md )>«IU*ftittlt^..•*;'3?':;'-~.".7 nrlwuq -6 oddUand j»nudttnlt).';":"-*3;';•?'iirt a'sjui*'"*'i»o"-i*>"f*'''..:''-.';y^; Lwn ferUng -W Uall* U*t IU lor ton twn* VWty'^fs-'Mrinlft. -^:'?IPS'N^/ <s ^^^@lAi'ur—t. WS'SSaSiSSiES!- •iaK" nllirtilaidl>fWn»I>n!tn :(>tPul)feWillli .iwwwruaMlw!ES- M,»H •^i"C«wtyEa^«ivr fftwwaa?^ea<Mrr Mwn.wea nwKaw ^AM/.B.aAy-wBoKr'PWitaSWtlE,MLdW,KAVAf,IW-t^l/ BEFORE THE COUNTy OF KAUA'I PLANNING COMMISSION STATE OF HAWAI'I Petition for a Declaratory Order Regarding Noncompliance with the Comprehensive Zoning Ordinance and Variance Application Permit V-72-11. CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was duly served on this date on the below-named parties by hand delivery. TO:Of&ce of the County Attorney 4444 Rice Street,Suite 220 Lihue,Kaua'i,Hawai'i 96766 Attorneys for KAUA'I COUNTY PLANNING COMMISSION KAAINA HULL,Planning Director COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 Rice Street,Suite 473 Lihue,Kaua'i,Hawai'i 96766 DATED:Lihu'e,Hawai'i,October 22,2020. ImanageDB:48B7990.2 MAUNA KEA7TRASK Attorneys for Petitioner HBR ENTEPRISES,LLC