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Home My WebLink About2023-05-09 Planning Commission Agenda PacketPLANNING COMMISSION KAAINA S. HULL, CLERK OF COMMISSION •The Planning Commission Meeting will be at: o LThu'e Civic Center, Moikeha Building o Meeting Room 2A-2B o 4444 Rice Street, LThu'e, Kaua'i, Hawai'i FRANCIS DEGRACIA, CHAIR DONNA APISA, VICE CHAIR GERALD AKO, MEMBER HELEN COX, MEMBER GLENPN!'1ff��'M �l'Rf�FERT, MEMBER JERRY ORNELLA , MEMBER LORI OTSUKA, MEMBER ·23 HAY -1 AB :13 , l •Oral testimony will be taken on specific agenda items, at the public meeting location indicated on the meeting agenda. •Written testimony indicating your 1) name or pseudonym, and if applicable, your position/title and organization you are representing, and 2) the agenda item that you are providing comment on, may be submitted on any agenda item in writing to planningdepartment@kauai.gov or mailed to the County of Kaua'i Planning Department, 4444 Rice Street, Suite 473, LThu'e, Hawai'i 96766. Written testimony received by the Planning Department at least 24 hours prior to the meeting will be posted as testimony to the Planning Commission's website prior to the meeting (https://www.kauai.gov/Government/Boards-and-Commissions/Planning-Commission). Any testimony received after this time will be retained as part of the record, but we cannot assure the Commission will receive it with sufficient time for review prior to the meeting. IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF BOARDS & COMMISSIONS AT (808) 241-'4917 OR ASEGRETl@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. 4444 Rice Street, Suite A473 • Uhu'e, Hawai'i 96766 • (808) 241-4050 (b) An Equal Opportunity Employer PLANNING COMMISSION MEETING NOTICE AND AGENDA Tuesday, May 9, 2023 9:00 a.m. or shortly thereafter Lihu'e Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihu'e, Kaua'i, Hawai'i A.CALL TO ORDER B.ROLL CALL C.APPROVAL OF AGENDA D.MINUTES of the meeting(s) of the Planning Commission 1.None for this Meeting. E.RECEIPT OF ITEMS FOR THE RECORD 1.None for this Meeting. F.HEARINGS AND PUBLIC COMMENT 1.Continued Agency Hearing a.None for this Meeting. 2.New Agency Hearing a.SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2023-10), CLASS IV ZONING PERMIT (Z-IV-2023-10), USE PERMIT (U-2023-7) to allow construction of public shared use path extending from Nawiliwili Park to Ahukini Landing and associated improvements involving a new comfort station, drainage ways, protective fencing and paved parking area, and SHORELINE SETBACK VARIANCE PERMIT (SSV-2023-1) to deviate from the shoreline setback requirement involving properties along makai side of the Li hue Airport, further identified as Tax Map Keys: 3-5-001:004, 005, 008, 009, 085, 092, 102, 128, 158 & 160; 3-7-002:001 (Por.) and affecting a total area of approx. 9.2 acres= County of Kaua'i, Department of Public Works. [Director's Report Received 4/25/2023.] 1.Director's Report Pertaining to this Matter. 3.Continued Public Hearing a.None for this Meeting. 4.New Public Hearing a.None for this Meeting. PLANNING COMMISSION -MAY 9, 2023 PAGE 2 G.CONSENT CALENDAR 1.Status Reports a.None for this Meeting. 2.Director's Report for Project(s) Scheduled for Agency Hearing a.None for this Meeting. H.GENERAL BUSINESS MATTERS 1.None for this Meeting. I.COMMUNI CATION 1.None for this Meeting. J.COMMITTEE REPORTS 1.Subdivision Committee a.Final Subdivision Map Approval 1.Subdivision Application No. 5-2005-41 Visionary LLC. DBA Llhu'e Land Company Ahukini Makai Subdivision Proposed 49-lot Subdivision TMK: (4) 3-7-002: 001 (por.) Hanama'ulu, Lihu'e, Kaua'i K.UNFINISHED BUSINESS (For Action) 1.In the Matter of Planning Director Kaaina S. Hull's Petition to revoke Applicant Bula Tree House LLC Use Permit U-90-38 and Class IV Zoning Permit Z-IV-90-51 (former Mark Daniells art gallery approved in 1990), and Use Permit U-19-78 and Class IV Zoning Permit Z-IV-78-28 (former Diane Daniells pre-school approved in 1978) for failure to comply with conditions of approval by the Planning Commission and Issue an Order to Show Cause and Set Hearing; Memorandum in Support of Petition; Declaration of Kaaina S. Hull; Notice of Meeting; Certificate of Service, TMK (4)5-5-004: 23, Hanalei, Kaua'i. [Deferred 2/14/2023, Deferred 4/11/2023.] L.NEW BUSINESS (For Action) 1.SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2023-10), CLASS IV ZONING PERMIT (Z-IV- 2023-10), USE PERMIT (U-2023-7) to allow construction of public shared use path extending from Nawiliwili Park to Ahukini Landing and associated improvements involving a new comfort station, drainage ways, protective fencing and paved parking area, and SHORELINE SETBACK VARIANCE PERMIT (SSV-2023-1) to deviate from the shoreline setback requirement involving properties along makai side of the Li hue Airport, further identified as Tax Map Keys: 3-5-001:004, 005, 008, 009, 085, 092, 102, 128, 158 & 160; 3-7-002:001 (Por.) and affecting a total area of approx. 9.2 acres= County of Kaua'i, Department of Public Works. [Director's Report Received 4/25/2023.] PLANNING COMMISSION -MAY 9, 2023 PAGE 3 M.EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions, issues, status, and procedural matters. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission and the County as they relate to the following matters: 1.SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2023-10), CLASS IV ZONING PERMIT (Z-IV- 2023-10), USE PERMIT (U-2023-7) to allow construction of public shared use path extending from Nawiliwili Park to Ahukini Landing and associated improvements involving a new comfort station, drainage ways, protective fencing and paved parking area, and SHORELINE SETBACK VARIANCE PERMIT (SSV-2023-1) to deviate from the shoreline setback requirement involving properties along makai side of the Lihue Airport, further identified as Tax Map Keys: 3-5-001:004, 005, 008, 009, 085, 092, 102, 128, 158 & 160; 3-7-002:001 (Par.) and affecting a total area of approx. 9.2 acres= County of Kaua'i, Department of Public Works. [Director's Report Received 4/25/2023.) 2.Subdivision Application No. S-2005-41 Visionary LLC. DBA Lihu'e Land Company Ahukini Makai Subdivision Proposed 49-lot Subdivision TMK: (4) 3-7-002: 001 (por.) Hanama'ulu, Lihu'e, Kaua'i 3.In the Matter of Planning Director Kaaina S. Hull's Petition to revoke Applicant Bula Tree House LLC Use Permit U-90-38 and Class IV Zoning Permit Z-IV-90-51 (former Mark Daniells art gallery approved in 1990), and Use Permit U-19-78 and Class IV Zoning Permit Z-IV-78-28 (former Diane Daniells pre-school approved in 1978) for failure to comply with conditions of approval by the Planning Commission and Issue an Order to Show Cause and Set Hearing; Memorandum in Support of Petition; Declaration of Kaaina S. Hull; Notice of Meeting; Certificate of Service, TMK (4) 5-5-004: 23, Hanalei, Kaua'i. [Deferred 2/14/2023, Deferred 4/11/2023.) N.ANNOUNCEMENTS 1.Topics for Future Meetings. 2.The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter, on June 13, 2023. The Planning Commission anticipates this meeting to be held in-person at the Lihue Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Hawaii 96766. The Commission will announce its intended meeting method via an agenda electronically posted at least six days prior to the meeting date. 0.ADJOURNMENT PLANNING COMMISSION -MAY 9, 2023 PAGE4 DEPARTMENT OF PLANNING KA'AINA HULL, DIRECTOR JODI A. HIGUCHI SAYEGUSA, DEPUTY DIRECTOR DEREK S.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR SPECIAL MANAGEMENT AREA (SMA) MINOR DETERMINATIONS Date (Action) SMA Minor Permit Location (TMK) Activity/ structure number Approved SMA(M)-2023-18 Kapa'a (3-9-006:001) Relocation and Reconstruction/ (04.05.2023) Portion of multi-use bike pedestrian path. PLANNING COMMISSION -MAY 9, 2023 PAGE 5 Pursuant to Section 8-27.8 (6) of the Kaua'i County Code (1987), as amended, the following shoreline setback determinations by the Director are disclosed for purposes of public notification. May 9, 2023 SHORELINE SETBACK DETERMINATIONS Application Name of Applicant(s) Property 1.0. Location Development/Reasons No. (Tax Map Key) SSD-2023-39 County of Kaua'i, 3-5-001:005, 008, 102,Lihu'e Construction of a Shared-Use Department of Public Works 159, 160 & 3-7-002:999 path from Ninini Point to Ahukini landing./ Shoreline certified, required setback is 100 feet from certified shore. Most of the development is a public use concrete path which is allowed less than 40 feet to the certified shoreline. A prefabricated bridge located at drainageway no. 3 is 75 feet away from shoreline to which the applicant applied for a variance (SSV-2023-1). SSD-2023-40 Pono Kai AOAO 4-5-007:002 Kapa'a Repair roof-Administration Building, Building C, and D/ Work deemed "unsubstantial". SSD-2023-41 Pono Kai Interval Owners 4-5-007 :002 Kapa'a Building "F" interior Association renovations/ required setback 158 feet. Development at 175 feet. PLANNING COMMISSION -MAY 9, 2023 PAGE 6 Applications for: Special Management Area (SMA) Permit Shoreline Setback Variance (SSV) Determination Zoning Use Permit – Class 4 County of Kauai – Department of Planning Nāwiliwili-Ahukini Bike Path Lihue District, County of Kauai Lihue, Kauai, Hawaii Tax Map Key (TMK): (4)3‐5‐001: 005, 008, 009, 092, 109, 102, 128, 158, 160 & (4)3‐7‐002: 999 Prepared For: County of Kauai Department of Public Works Division of Roads Maintenance and Construction 4444 Rice Street, Suite 275 Lihue, Hawaii 96766 September 2022 - Revised January 2023 2024 North King Street, Suite 200 Honolulu, Hawaii 96817 1-20987-00P Applications for: Special Management Area (SMA) Permit Shoreline Setback Variance (SSV) Determination Zoning Use Permit – Class 4 Nāwiliwili-Ahukini Bike Path Lihue District, County of Kauai Lihue, Kauai, Hawaii Tax Map Key (TMK): (4) 3‐5‐001: 005, 008, 009, 092, 109, 102, 128, 158, 160 & (4) 3‐7‐002: 999 January 2023 Prepared for: County of Kauai Department of Public Works Division of Roads Maintenance and Construction 4444 Rice Street, Suite 275 Lihue, Hawaii 96766 Prepared by: R.M. Towill Corporation 2024 North King Street, Suite 200 Honolulu, Hawaii 96817 County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Table of Contents - i TABLE OF CONTENTS I.Application Checklist II.Zoning Permit Application III.Special Management Area (SMA) Permit Assessment Application Form IV.Shoreline Setback Variance (SSV) Determination Form V.Supplemental Information PART A Applicant .................................................................................................... 1 Contact Person .......................................................................................... 1 Project Information ..................................................................................... 1 Site Address ......................................................................................... 1 Tax Map Keys ...................................................................................... 2 Lot Area ................................................................................................ 2 State Land Use Districts ....................................................................... 3 Kaua‘i General Plan Land Use Designations ........................................ 3 County Zoning Districts ........................................................................ 3 Nature of the Development ........................................................................ 3 Valuation of Development .......................................................................... 4 PART B Project Description, Location and Justification ........................................... 5 Shoreline Certification .............................................................................. 10 Plot Plan and Building Plans .................................................................... 10 Other Information ..................................................................................... 11 HRS Chapter 343 Compliance ........................................................... 11 Zoning Use Permit – Class 4 .............................................................. 11 Shoreline Setback Variance ............................................................... 12 Project Assessment ................................................................................. 13 Environment ....................................................................................... 13 Flora and Fauna ............................................................................ 13 Topographic Features ................................................................... 15 Coastal Waters.............................................................................. 15 Existing Land Uses .................................................................................. 16 Effects of the Project on the Immediate and Surrounding Area ............... 17 Evaluation: HRS 205-A and SMA Rules and Regulations, Section 3 ...... 24 Unavoidable Impacts and Proposed Mitigation Measures ....................... 38 Evaluation: SMA Rules and Regulations, Section 4 ................................ 39 Consistence with General Plan, Development Plan and Ordinances ...... 47 County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Table of Contents - ii VI.Exhibits: Exhibits Volume I Exhibit 1 – Project Location Map Exhibit 2 – State Land Use Districts Exhibit 3 – County of Kaua‘i Zoning Districts Exhibit 4 – Preferred Alignments Cost Estimate Exhibit 5 – Site Photos Exhibit 6 – Special Management Area Map Exhibit 7 – Certified Shoreline Survey Exhibit 8 – General Site Plan Exhibit 9 – New Bridge Drainage Crossing Exhibit 10 – State Historic Sites Figure and No Adverse Effect Table Exhibit 11 – Wetland Map Exhibit 12 – FEMA/FIRM Maps Exhibit 13 – HRS 343 Finding of No Significant Impact Exhibit 14 – HRS 6E Historic Preservation Compliance Exhibit 15 – Archaeological Inventory Survey Documents •Archaeological Literature Review and Field Inspection, June 2008. •Archaeological Inventory Survey, September 2009. Exhibit 16 – Ka Pa’akai Analysis Exhibit 17 – NHPA 106 and 6E Consultation Timeline and Correspondence Exhibits Volume II Exhibit 18 – HRS 343 EA with Appendices County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Section I Application Checklist Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Application Checklist APPLICATION CHECKLIST Content Notes a. Pre-Application Meeting with Department of Planning Phone call with Department of Planning on September 2, 2021. b. Completed Zoning Permit Application Section II c. Completed SMA Assessment Form Section III d. Completed SSV Determination Form Section IV e. Project Description Section V f. Scaled Drawings: Section VII •Site/Plot Plan Section VII – Exhibit 8 •Location Map Section VII – Exhibit 1 •Building Floor Plans N/A •SMA Boundary Line Section VII – Exhibit 6 •Flood Hazard Boundaries (if applicable) Section VII – Exhibit 12 g. Fees N/A – County of Kaua‘i Project h. Certified Shoreline Survey (if applicable) Section VII – Exhibit 7 i. Photos (labeled and keyed to general site map) Section VII – Exhibit 5 Add New Bridge and Culvert Drainage Crossing Section VII – Exhibit 9 Add HRS 343 Finding of No Significant Impact Section VII – Exhibit 13 Add HRS 6E Compliance Section VII – Exhibit 14 Add Archaeological Inventory Survey Documents Section VII – Exhibit 15 Add Ka Pa’akai Analysis Section VII – Exhibit 16 Add HRS 343 Environmental Assessment and Appendices Section VII – Exhibit 17 County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Section II Zoning Permit Application Check One: Paper Plans Electronic Plans DEPARTMENT USE ONLY Zoning Intake By: Use Variance Intake Date: SMA PDU Acceptance Date/By: TOTAL FEE: Additional Fees: Receipt Number Building Permit No. Associated Permits (e.g. SSD) Complete Information Below Tax Map Key Number Condominium Number Applicant Name(s) Property Address Mailing Address Parcel Area Contact Phone Zoning Designation Contact Email (if applicable) Applicant Declarations (incorrect responses may slow your permit review) Please place an “X” under Yes or No under the following: YES NO Staff Verification 1 Is this property located in the Special Management Area (SMA)? 2 Is this property part of a Condominium Property Regime (CPR)? 3 Is this property within 500 feet of the shoreline? 4 Is this property within the Agriculture Zoning District? 5 Is there a structure on the property that is 50 years old or older? 6 Do you have an Additional Dwelling Unit Certificate? 7 Is this a permit for an after-the-fact construction or activity? 8 I hold at least a 100% property interest in the property. 9 Are you an agent for the property owner? 10 Has a similar application been previously denied? 11 Is this an application for an agriculture structure under 200 square feet 12 Are there known burials on the site? 13 Are you using water not provided by a domestic water system? 14 Does existing grade under building footprint change by 2’ or more in any direction? 15 The proposed residential unit is a Multi-Family Dwelling Unit? 16 Is this a conversion of a legally existing single-family dwelling unit into a multi- family two dwelling unit? 17 Is this structure a guest house? 18 Does guest house contain a kitchen? This application shall be fil led out by all seeking Zoning, Use, Variance, SMA Use or PDU permits pursuant to the Kauai County Code, Hawai‘i Revised Statutes Chapter 205A and all relevant rules and regulations of the Planning Commission and Department. Supplemental information may be attached to form. SMA applications may also require additional SMA assessment forms. DEPARTMENT OF PLANNING STANDARD ZONING PERMIT APPLICATION One (1) original; If providing plans, five (5) sets, including original, required. Fees vary based on permits required and range from $30 to over $1000. Proof of 100% fee ownership rights or authorized agent must be attached. Permitting fees may be made via cash or check. All checks shall be made out to: "Director of Finance" V:\Resource Library\Forms - Applications\Zoning Permit Application_02.02.21[CURRENT].docx 1. What is the proposed construction and/or intended use of the structure or parcel (may attach additional info)? ________________________________________________________________ 2. If this is not the first dwelling unit on the subject property identified on this application, please state how many dwelling units presently exist: Submittal Checklist Please INITIAL under “Yes” or not applicable “N/A” regarding each of the statements: YES NA Staff Verification 1 All plot plans I have submitted are drawn to scale. 2 I have ensured all TMK numbers are visible on all plan sheets. 3 Any plans I have submitted clearly show all structures and setback dimensions. 4 My plans provide lot coverage calculations 5 I have ensured kitchens are marked with the 8’ radii required by the Planning Department’s Administrative Rules. 6 Because this application involves a CPR, the plot plan shows all existing structures. 7 Building plate does not exceed 20 feet from the finished grade at entry. Acknowledgements - Please INITIAL next to each of the statements: I UNDERSTAND: Initial Here Additional fees and/or the submittal of other application forms may be necessary to complete this application for acceptance and processing. Tender of fees by the County does not imply acceptance of this application. Errors in self-declaration or missing or incomplete information will delay acceptance and processing of your application. Any purposeful misrepresentations in this application may result in delay, denial, permit revocation, violations, fines and even criminal prosecution. The owner and/or authorized representative is hereby made aware that the construction, work, use or activity approved in this permit shall be subject to inspection by Planning Department personnel. The applicant is advised that inspection may occur prior to or during construction and use to ascertain the activity is conducted in compliance with the law. Further, I am a duly authorized agent or have 100% ownership rights. OWNER/AGENT SIGNATURE: DATE: FOR PLANNING DEPARTMENT USE ONLY (THIS CONSTITUTES PERMIT IF FILLED OUT BY DEPT.): APPROVED DENIED BY: DATE: DIRECTOR’S CONDITIONS OF APPROVAL (staff to initial next to applicable conditions): This permit shall expire if no building is issued within one (1) year after the approval date and/or if construction does not start within one (1) year of building permit issuance. Director’s standard conditions for non-residential agricultural structures (attach) Should any archaeological or historic resources be discovered during ground disturbing/construction work, all work in the area of the find shall immediately cease and the Applicant shall contact the State Department of Land and Natural Resources, Historic Preservation Division and the Planning Department to determine mitigation measures. Additional Conditions (State): Paved, temporary and movable multi-use coastal path from Ninini Point to Ahukini Landing with connections to Ahukini Street and Ninini Point Street. See Supplemental Info. N/A Yes Yes Yes Yes N/A N/A N/A WL WL WL WL September 30, 2022 Digitally signed by Wade L Lord Date: 2022.09.30 16:50:17 -10'00' County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Section III Special Management Area (SMA) Permit Assessment Application Form COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (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 AREA (SMA) PERMIT ASSESSMENT - 2 - SMA Assessment Application UPD. 11/2016 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 AREA (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.Substantially affects the economics or social welfare and activities or the community, County or State; Discussion: YES NO v.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 vi.Substantially affect a rare threatened, or endangered species of animal or plant, or its habitat; Discussion: YES NO vii.Detrimentally affects air or water quality or ambient noise levels; or Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 4 - SMA Assessment Application UPD. 10/2013 YES NO 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; Discussion: YES NO ix.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 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. 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. YES NO 1.Will the proposed development adversely affect coastal resources uniquely suited for recreational activities that cannot be provided in other areas? Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 5 - SMA Assessment Application UPD. 10/2013 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: 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: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 6 - SMA Assessment Application UPD. 10/2013 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? 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? See Supplemental Information. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 7 - SMA Assessment Application UPD. 10/2013 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. YES NO 1.Does the project site abut or affect a valued scenic resources or landmark within the SMA? Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 8 - SMA Assessment Application UPD. 10/2013 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: 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. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 9 - SMA Assessment Application UPD. 10/2013 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: YES NO 6.Is the project site situated in or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary? Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT -10 - SMA Assessment Application UPD. 10/2013 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: 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. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT -11 - SMA Assessment Application UPD. 10/2013 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: YES NO 5.Have any seawalls/revetments/etc. been constructed or exist in the immediate vicinity? Discussion: COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT -12 - SMA Assessment Application UPD. 10/2013 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 County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Section IV Shoreline Setback Variance (SSV) Determination Form PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 202___- ____ Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: -1 – https://kauaicounty-my.sharepoint.com/personal/ridica_kauai_gov/Documents/Documents/Romio/_PROJECTS/Shoreline Related/SSD Application_2022_Upd.docx Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Applicant Information Applicant: Mailing Address: Phone: Email: Applicant’s Status: (Check one) Owner of the Property (Holder of at least 100% of the equitable and legal title) Authorized Agent Attach Letter of Authorization Transmittal Date: Project Information (attach additional sheets, if necessary) County Zoning District: ___________________________ Tax Map Key(s): _______________________ Building Permit Number: (If building plans submitted) ___________________________ Land Area: _______________________ Nature of Development: (Description of proposed structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 1.Property is Abutting the Shoreline Proposed project’s approximate distance from shoreline (based on aerial map): ______________ ft. 2.Property is Not Abutting the Shoreline Proposed project’s approximate distance from shoreline (based on aerial map): ______________ ft. 3.Additional Information: Shoreline Change (Erosion/Accretion) Rate: ______________ ft./year (Information available here: Kauai Shoreline Change (arcgis.com)) Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION - 2 - 12/21 Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): Is property in coastal floodplain (if checked, what zone)? Has this property been subject to coastal hazards (i.e. flooding, erosion, tsunami, etc.) in the past? PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant’s Signature Signature Date Applicability (to be completed by Planning Department) Setback Determination necessary. Requirements of Ordinance No. 979 are applicable. Setback Determination is NOT necessary. Requirements of Ordinance No. 979 are not applicable. _______________________________________________________________________ Planning Director or designee Date If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. Coastal Hazard Disclousre Statement Form VE (22-24) Digitally signed by Wade L Lord Date: 2023.01.17 15:07:22 -10'00'September 30, 2022 ✔ ✔ No ✔ ✔ ✔ ✔ Gentle slope toward a 10-ft to 30-ft high cliff above a rocky shoreline. Low = 17 ft. High = 96 ft. See Supplemental Info. Rocky, boulders and cobbles PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION - 3 - 12/21 Exemption 1 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant’s proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant’s property, elevation, and the history of coastal hazards in the area. Exemption 2 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A)The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non-conformity; or intensify the use of the structure or its impact on coastal processes; (B)The repairs DO NOT constitute a substantial improvement of the structure; and (C)The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. Letter from the Department of Public Works stating that the proposed project does NOT constitute “Substantial Improvement,” pursuant to §8-27.2 (If applicable, will require valuation of project). Exemption Determination (to be completed by Planning Department) Pursuant to §8-27.3 the Kaua‘i County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure(s) or subdivision(s) as exempt from those shoreline setback determination requirements established under §8-27.8. Pursuant to §8-27.7 the Kaua‘i County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline setback area. While exempt from those shoreline setback determination requirements established under §8-27.8, the proposed structure(s) is subject to the conditions of §8-27.7(b). (See pg. 8) ______________________________________________________________________ Planning Director or designee Date Additional comments/conditions: Exemption Determination PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION - 4 - 12/21 Part C Shoreline Setback Determination (§8-27.8) (This document is the request for a shoreline setback structure or subdivision determination form.) Please complete this section if you are proposing a structure or subdivision that is not exempt (pursuant to Part B) and requires a certified shoreline. Determination of applicability (Part A) from the Planning Director shall first be obtained. Certified Shoreline Certified Shoreline Survey Map (showing Certified Shoreline, Shoreline Setback, and Structure(s) OR Subdivision) Average Lot Depth: _______________ ft. Setback (Table 1 or Table 2): _______________ ft. Affidavit: Statement of inability to certify shoreline, pursuant to §8-27.3(d) Planning Director or its designee Date Public Projects less than $125,000 Public Projects less than $125,000 Declaration ((§8-27.8(c)(2)) ___________________________________________________ Planning Director or designee Date Certified Shoreline Required Certified Shoreline Not Required Describe proposed structure(s), including but not limited to the landscaping plan (please attach): Explain how the proposed structure is in compliance with §8-27.8(c)(2) (attach additional information if necessary): Select the appropriate option: PLANNING DEPARTMENT SHORELINE SETBACK VARIANCE - 5 - 12/21 Part D Shoreline Setback Variance (§8-27.9) This part is the request for a shoreline setback variance. In addition to the documentation and information requested in Parts A, B, and C, the Applicant applying for a variance is required to submit all required information, per §8-27.9 listed in the checklist below. A non-refundable administrative fee of three hundred dollars ($300.00). Certification from the owner or lessee of the lot which authorizes the application for variance; An environmental assessment and or EIS, if required, prepared in accordance with HRS Chapter 343, and the environmental impact statement rules and applicable guidelines of the State of Hawai‘i; The names, addresses, and the tax map key identification of owners of real property situated adjacent to and abutting the boundaries of the land on which the proposed structure or subdivision and/or landscaping is to be located; or operation is to occur (attach information); A site plan of the shoreline setback area, drawn to scale, showing: Existing natural and man-made features and conditions within; Existing natural and man-made features and conditions along properties immediately adjacent to the shoreline setback area and proposed improvements; The certified shoreline and the shoreline setback line (submitted under Part B); Contours at a minimum interval of two (2) feet unless waived by the Director; and Proposed development and improvements showing new conditions with a typical section (if a structure). A copy of the certified shoreline survey map of the property (submitted under Part B); Detailed justification of the proposed project, which addresses the purpose and intent of these rules and the criteria for approval of a variance (attach written statement); Analysis and report of coastal erosion rates and coastal processes; and Any other information required by the Director (listed below). Any structure approved within the shoreline setback area by variance shall not be eligible for protection by shoreline hardening during the life of the structure, and this limitation and the fact that the structure does not meet setback requirements under §8-27.3 and could be subject to coastal erosion and high wave action shall be written into a unilateral agreement that is recorded by the Bureau of Conveyances of Land Court, as the case may be. A copy of the unilateral agreement shall be submitted to the Planning Department prior to the issuance of the required zoning and/or shoreline setback variance. Failure of the grantor to record these deed restrictions shall constitute a violation and the grantor shall be subject to the penalties set forth in this Article 3. For any structure approved within the shoreline setback area by variance, the Applicant shall agree in writing that the Applicant, its successors and permitted assigns shall defend, indemnify and hold the County of Kaua‘i harmless from and against any and all loss, liability claim, or demand arising out of damages to said structure and this indemnification shall be included in the unilateral agreement required above. PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION - 6 - 12/21 Table 1. (This table is included for illustrative purposes only.) Lots Included in the Kaua‘i Coastal Erosion Study. The distance in feet of the shoreline setback line as measured from the certified shoreline based on the average lot depth in feet. LOTS INCLUDED IN KAUA‘I COASTAL EROSION STUDY Average Lot Depth Setback Line Less than 140 feet (<140 feet) 40 feet plus (70 X annual coastal erosion rate) plus 20 feet 140 feet to 220 feet (140-220 feet) Greater of: 40 feet plus (70 X annual coastal erosion rate) plus 20 feet -or- (Average Lot Depth minus 100 feet) ÷ by 2 plus 40 Greater than 220 feet (>220 feet) Greater of: 40 feet plus (70 X annual coastal erosion rate) plus 20 feet -or- 100 feet from the certified shoreline View erosion rate maps from the County website at Kaua‘i Coastal Erosion Study Update 2020 Kauai Shoreline Change (arcgis.com) Table 2. (This table is included for illustrative purposes only.) Lots Not Included in the Kaua‘i Coastal Erosion Study. LOTS NOT INCLUDED IN KAUA‘I COASTAL EROSION STUDY Setback Calculation (Average Lot Depth – 100/2+40) Subject to the Following: 1 For lots with naturally occurring rocky shorelines, the shoreline setback line shall be no less than 40 feet. 2 For all other lots, the shoreline setback line shall be no less than 60 feet. 3 For all lots, the maximum setback that can be required shall be 100 feet. Non-Abutting Lots. If an Applicant is unable to secure permission from the abutting landowner to complete a certified shoreline for a non-abutting lot within approximately five hundred fifty (550) feet of the shoreline, the Planning Director may, pursuant to §8-4.3, impose conditions to zoning permits to increase setbacks where evidence exists that a proposed structure may be affected by coastal hazards or erosion. PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION - 7 - 12/21 Table 3. This table is presented for Exemption 3 (§8-27.7). Permitted Structures within the shoreline setback area (a) The following structures are permitted in the shoreline setback area. All structures and/or landscaping not specifically permitted in this section are prohibited without a variance. (1) Existing conforming or legally nonconforming structures. (2) Structure that received a shoreline variance or administrative approval prior to February 26, 2008. (3) A structure that is necessary for, or ancillary to, continuation of agriculture or aquaculture existing in the shoreline setback area on June 16, 1989. (4) “Temporary structures” as defined in Section 8-27.2. To ensure that there will be no irreversible or long-term adverse effects, the Director shall require as a condition of a permit the restoration of the site to its original condition or better, and the Director may require a bond to ensure such restoration. (5) A structure that consists of maintenance, repair, reconstruction, and minor additions or alterations that results in no interference with natural beach processes and is anchillary or associated with one of the following sites: (A)A Hawaiian fish pond; (B)A publicly owned and legal boating, maritime, or water sports recreational facility. (6)Repairs to a lawfully existing structure, including nonconforming structures, provided that: (A)The repairs do not enlarge, add to or expand the structure; increase the size or degree of non-conformity; or intensify the use of the structure or its impact on coastal processes; (B)The repairs do not constitute a substantial improvement of the structure; (C) (D) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law; and The Planning Director determines that the proposal complies with the definition of “repair” under Sec.8- 1.5, Kauaʻi County Code 1987, as amended. (7) Beach nourishment or dune restoration projects approved by all applicable governmental agencies. (8) A structure approved by the Director as a minor structure. (9) Qualified demolition of existing structures. (10) Unmanned civil defense facilities installed for the primary purposes of: (i) warning the public of emergencies and disasters; or (ii) measuring and/or monitoring geological, meteorological and other events. (11) Scientific studies and surveys, including archaeological surveys. (12) Structures built by a governmental agency to address an emergency as declared by the Governor of the State of Hawai‘i, the Mayor of the County of Kaua‘i or any other public official authorized by the law to declare an emergency. (13) Structures relating to film productions that have received a County Revocable Film Permit. Structures undertaken for film productions must be removed within thirty (30) days following the completion of the film production. (14) Structures required for remedial and removal actions undertaken pursuant to Chapter 128D of the Hawai‘i Revised Statutes. PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION - 8 - 12/21 (15) Repair and/or rebuiding of existing public park facilities, excluding shoreline armoring structures or improvements. (b) The following conditions shall apply to any new structure or any substantial improvement permitted in the shoreline setback area: (1) All new structures shall by constructed in accordance with the standards for development in Chapter 15, Article 1, Flood Plain Management, Kaua‘i County Code 1987, as amended, relating to coastal high hazard districts and FEMA guidelines regarding construction in areas mapped on Flood Insurance Rate Maps as flood hazard areas. (2) The applicant shall agree in writing that the applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kaua‘i harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazard and coastal erosion. (3) The applicant shall agree in writing for itself, its successors and assigns that the construction of any erosion control or shoreline hardening structure and/or landscaping shall not be allowed to protect the permitted structure during its life, with the exception of approved beach or dune nourishment fill activities, and landscape planting and irrigation located more than forty feet (40’) from the shoreline. (4) Unless otherwise provided, all new structures and/or landscaping shall not: (i)adversely affect beach processes, (ii)artificially fix the shoreline, (iii)interfere with public access or public views to and along the shoreline, (iv)impede the natural processes and/or movement of the shoreline and/or sand dunes, or (v)alter the grade of the shoreline setback area. (5) All new structures shall be consistent with the purposes of this article and HRS Chapter 205A, as amended, and shall be designed and located to minimize the alteration of natural landforms and existing public views to and along to the shoreline. (6) The requirements of this Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under Section 8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. (Ord. No. 979, December 5, 2014; Ord. No. 1088, February 4, 2021) PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION - 9 - 12/21 COASTAL HAZARD DISCLOSURE STATEMENT FORM Project Address and TMK Number (the “Property”), and Shoreline Setback Permit Number Scope of Construction for the Project or Description of Work Disclosure: THE PROPERTY OWNER ACKNOWLEDGES AND UNDERSTANDS THAT THE PROPERTY MAY BE SUBJECT TO COASTAL HAZARDS AS DEFINED UNDER KAUA‘I COUNTY CODE (KCC) SECTION 8-27.1. THESE COASTAL HAZARDS MAY LIMIT THE ABILITY TO DEVELOP THE PROPERTY AND FUTURE DEVELOPMENT MAY BE SUBJECT TO FURTHER RESTRICTIONS AND LIMITATIONS PURSUANT TO KCC CHAPTER 8, ARTICLE 27, AS AMENDED, AS WELL AS FEDERAL, STATE, AND COUNTY LAWS AND REGULATIONS THAT GOVERN COASTAL PROPERTIES. Additional information can be obtained from the County of Kaua‘i Planning Department (https://www.kauai.gov/Government/Departments-Agencies/Planning-Department/Shoreline-Setback) including but not limited to links to the State of Hawaii, Department of Land and Natural Resources, Flood Hazard Assessment Tool and the State of Hawai‘i Sea Level Rise Viewer. Declaration: I declare under penalty of perjury and under the laws of the State of Hawai‘i (Unsworn Falsification HRS §710-1063) that I am the property owner for the address listed above, I personally filled out the above information, that the foregoing is true and correct, and I certify its accuracy. **The property owner signature is required to be notarized when property owner is not present at time of submitting the permit application. In lieu of notarization, the Planning Department will accept forms that are electronically signed using secure software that verifies the identity of the user (e.g., DocuSign or Adobe Sign). Property Owner Name (print) Property Owner Signature Date Property Owner Name (print) Property Owner Signature Date Property Owner Name (print) Property Owner Signature Date Property Owner Name (print) Property Owner Signature Date ** Attach Notary Jurat ** Ahukini Rd. to Ninini Point St., Lihue, Hawaii, 96766, TMK:(4) 3-5-001: 5, 8, 9, 92, 102, 109, 128, 158, 160 and 3-7-002: 999 Construction of a public shared-use path and shared-used road to connect Ahukini Pt., Ninini Pt. and Lihue Airport. Wade Lord Digitally signed by Wade L Lord Date: 2023.01.17 15:11:36 -10'00'January 17, 2023 PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION - 9 - 12/21 COASTAL HAZARD DISCLOSURE STATEMENT FORM Project Address and TMK Number (the “Property”), and Shoreline Setback Permit Number Scope of Construction for the Project or Description of Work Disclosure: THE PROPERTY OWNER ACKNOWLEDGES AND UNDERSTANDS THAT THE PROPERTY MAY BE SUBJECT TO COASTAL HAZARDS AS DEFINED UNDER KAUA‘I COUNTY CODE (KCC) SECTION 8-27.1. THESE COASTAL HAZARDS MAY LIMIT THE ABILITY TO DEVELOP THE PROPERTY AND FUTURE DEVELOPMENT MAY BE SUBJECT TO FURTHER RESTRICTIONS AND LIMITATIONS PURSUANT TO KCC CHAPTER 8, ARTICLE 27, AS AMENDED, AS WELL AS FEDERAL, STATE, AND COUNTY LAWS AND REGULATIONS THAT GOVERN COASTAL PROPERTIES. Additional information can be obtained from the County of Kaua‘i Planning Department (https://www.kauai.gov/Government/Departments-Agencies/Planning-Department/Shoreline-Setback) including but not limited to links to the State of Hawaii, Department of Land and Natural Resources, Flood Hazard Assessment Tool and the State of Hawai‘i Sea Level Rise Viewer. Declaration: I declare under penalty of perjury and under the laws of the State of Hawai‘i (Unsworn Falsification HRS §710-1063) that I am the property owner for the address listed above, I personally filled out the above information, that the foregoing is true and correct, and I certify its accuracy. **The property owner signature is required to be notarized when property owner is not present at time of submitting the permit application. In lieu of notarization, the Planning Department will accept forms that are electronically signed using secure software that verifies the identity of the user (e.g., DocuSign or Adobe Sign). Property Owner Name (print) Property Owner Signature Date Property Owner Name (print) Property Owner Signature Date Property Owner Name (print) Property Owner Signature Date Property Owner Name (print) Property Owner Signature Date ** Attach Notary Jurat ** Ahukini Rd. to Ninini Point St., Lihue, Hawaii, 96766, TMK:(4) 3-5-001: 5, 8, 9, 92, 109, 128, 158, 160 and 3-7-002: 999 Construction of a public shared-use path and shared-used road to connect Ahukini Pt., Ninini Pt. and Lihue Airport. Kauai District Airports Manager, Craig Davis Craig H. Davis Digitally signed by Craig H. Davis Date: 2023.01.31 13:18:20 -10'00'1/31/2023 County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Section V Supplemental Information County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 1 SUPPLEMENTAL INFORMATION Applications for: Special Management Area (SMA) Permit Assessment Shoreline Setback Variance Determination Zoning Use Permit – Class 4 County of Kauai Department of Planning Nāwiliwili-Ahukini Shared-Use Path Project Līhu‘e, Kaua‘i, Hawai‘i TMK: (4) 3-5-001: 005, 008, 102, 159, 160 & (4) 3-7-002: 999 September 2022 PART A. Applicant: Applicant / Owner Agent County of Kaua‘i (COK) Department of Public Works (DPW) Division of Roads Maintenance and Construction 4444 Rice Street, Suite 275 Līhu‘e, Hawai‘i 96766 R. M. Towill Corporation 2024 North King Street, 200 Honolulu, HI 96819 Contact Person: Applicant / Owner Agent Wade Lord, Program Manager 808-241-4906 wlord@kauai.gov Jim Niermann, AICP Planning Project Coordinator 808-842-1133 jimn@rmtowill.com Project Information: Site Address: Within the SMA, the project site consists of the following: County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 2 •a continuous 8- to 12-foot wide shared-use path within a 22-foot-wide public access right-of-way alignment along an approximately 17,000-linear foot (lf) segment of the shoreline between Ahukini Point and Ninini Point; and, •an approximately 1,200-lf segment of Ahukini Road within the SMA incorporated into the path system as a shared-use route. Additional path segments are located outside of the SMA that connect Ahukini Point to Līhu‘e International Airport, connect Ninini Point to Kūhiō Highway and provide public access through the Timbers Kaua‘i Resort and Marriott Kaua‘i Beach Resort properties. See Section VII, Exhibit 1 – Project Location Map. TMKs: Segment A: (4) 3-5-001: 004, 005*, 008*, 009, 085, 092, 102*, 128, 158 & 160* Segment G: (4) 3-5-001: 008*, 085, 092, 158, & 160*; and (4) 3-7-002: 001, & 999* (* in SMA) Lot Area: Total area of the proposed path alignment within the SMA is approximately 400,400 sf or 9.2 acres: •Segment A: approximately 374,000 sf or 8.6 acres (17,000 lf x 22-ft right-of-way width). Path segment A requires construction of a new concrete path with drainage crossings. •Segment G: approximately 26,400 sf or 0.6 acres (1,200 lf x 22-ft right-of-way width). Path Segment G will use the existing, paved Ahukini Road as a signed and striped shared-use route. Of the total project area within the SMA, an approximately 8,080-lf segment of the path, totaling 177,760 sf or 4.1 acres, is located within the State Land Use (SLU) Conservation District and thus outside of the COK’s authority related to shoreline setback requirements 1. In addition, the following path segments that are part of the project are located outside of the SMA: •an approximately 350-lf segment to provide access to a future comfort station at Ninini Point, also within the SLU Conservation District and outside of the SMA; •an approximately 2,000-lf segment that completes the path connection from Ninini Point to Ninini Point Street; and, •shared-use road segments on: o Ahukini Road to Līhu‘e International Airport; 1 The COK has regulatory authority over all areas within the SMA, in accordance with HRS Chapter 205A. SMA areas overlaid by the State Land Use (SLU) Conservation District are also under the authority of the State of Hawai‘i, Department of Land and Natural Resources (DLNR), Office of Conservation and Coastal Land (OCCL). Within the SLU Conservation District, shoreline setback requirements are established and enforced by the OCCL, not by COK. In addition, a Conservation District Use Permit (CDUP) approved by DLNR is required for planned improvements within the SLU Conservation District areas. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 3 o Kā’ana Street from Kāpule Highway to Līhu‘e International Airport; and o Ninini Point Street to Kāpule Highway. State Land Use Districts: Conservation, Urban, Agricultural (See Section VII, Exhibit 2 – State Land Use Districts) Kaua’i General Plan Land Use Designation: Path segments within the SMA are within the following land use designations: Transportation Parks and Recreation Agriculture Path segments outside the SMA are within the following land use designations: Transportation Urban Center Golf Course Agriculture County Zoning Districts: Path segments within the SMA are within the following zoning districts: Agriculture (AG) Conservation I Industrial-General/ Special Treatment District (I-G/ST-P) Path segments outside of the SMA are within the following zoning districts: Agriculture (AG) Conservation I Industrial-General (I-G) Industrial-General/ Special Treatment District (I-G/ST-P) Open (O) Residential – 2 dwellings per acre (R2) See Section VII, Exhibit 3 – County of Kaua‘i Zoning. Nature of Development: The project involves the construction of a public, shared-use path and shared-used road system for bicycles and pedestrians to connect Ahukini Landing, Ninini Point, Līhu‘e International Airport, Timbers Kaua‘i Resort and Līhu‘e Town to the Ka Ala Hele Makālae Coastal Path System. All of the proposed improvements will be undertaken outside of the 60-foot shoreline setback. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 4 Valuation of Development: Valuation of development is in 2022 dollars. See Section VII, Exhibit 4 – Preferred Alignments Cost Estimate. Nāwiliwili-Ahukini Shared-Use Path – Phase A Segments In SMA Outside SMA Total A – Coastal Path – Ahukini Landing to Ninini Point to Ninini Point Street $12,622,922 $1,954,811 $14,577,734 A1 – Ninini Point Path and Comfort Station $0 $1,908,506 $1,908,506 B - Coastal Path - Ninini Point to Kalapakī Beach By Others $0 C - Shared-Use Road – Ninini Point Street - Ninini Point to Kāpule Highway $0 $433,136 $433,136 D – Shared-Use Path - Kāpule Highway to Ho‘olaule‘a Way (Limo Road) By Others $0 G - Shared-Use Road - Ahukini Landing to Līhu‘e Airport $83,602 $390,141 $473,743 H - Shared-Use Path Bike Depot - Līhu‘e Airport to Kāpule Highway $0 $1,441,531 $1,441,531 $12,706,524 $6,128,124 $18,834,648 County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 5 PART B. 1.Project Description, Location, and Justification The County of Kaua‘i (COK), Department of Public Works (DPW) plans to develop a coastal, shared-use path between Nāwiliwili Park and Ahukini Landing in Lihue District on the island of Kauai. A path section is also proposed between Nāwiliwili Park and Niumalu Park. Additional path sections would connect the coastal path to the Lihue Civic Center and Lihue Airport. The project is a key section of Ke Ala Hele Makālae, the 16-mile Nāwiliwili 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 project is being undertaken in phases: A, B1, B2, B3 and B4. The proposed action that is the subject of this application is Phase A of the Nāwiliwili- Ahukini Shared-Use Path Project and consists of the following path segments: Preliminary Coastal Path Alignment Segment A – Ahukini Landing to Ninini Point Lighthouse to Ninini Point Street. The total length of this segment is approximately 19,350 lf, of which approximately 17,000 lf is located within the SMA. This segment will be constructed as a 10- to 12-foot-wide concrete path. Segment A details include: i.All project improvements shall be constructed more than 60 feet from the certified shoreline. All proposed path segments within the 100-foot shoreline setback will be constructed of concrete with saw-cuts at 3-foot intervals, in compliance with the County of Kaua‘i requirements. ii.The concrete path will be pigmented to match the color of the native soil and be compatible with the appearance of the natural setting. iii.A 3-foot-wide vegetated shoulder will be created on each side of the path. Use drought tolerant native or indigenous plant species that are common to the local area. If site conditions do not support the establishment and growth of native or indigenous plant species, other non-invasive species may be substituted to ensure soil stability and erosion protection. iv.Grading and excavation required for construction of the path and related amenities will be designed to minimize the amount of cut and fill required. The path alignment was selected to take advantage of natural grades to meet ADA accessibility standards for slopes with a minimal amount of ground disturbance and related costs. v. Separation between the path and road will be provided as necessary by means of bollards constructed of boulders, timber, or concrete, or other physical barrier to prevent motor vehicle access on the concrete path. Bollards and/or barriers will be designed and installed to be secure against dislodging by vehicle winch and to have minimal visual impact in the landscape. Public motor vehicle access on the existing dirt road will remain as a permitted use. See Figure 1 – Path Cross Section. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 6 vi.Access across the concrete path will be provided at select locations to allow motor vehicle access to fishing spots on the shoreline. Bollards will be installed at crossings to prevent motor vehicle access onto the concrete path. Fishing sites that will be accessible to motor vehicles are identified in Section VII, Exhibit 5 – Site Photos. All other fishing sites along the coast will remain accessible by foot. vii.The path will cross four drainageways, two within the SMA and two outside of the SMA. The drainageways are identified from north to south as Drainageways #1 through #4: a.Drainageway crossings #1 and #2 are located outside of the SMA and make use of the existing graded dirt access road and culverts. At these locations, the existing drainage culverts may be retained as-is or modified and/or widened as necessary to accommodate the path and/or joint use of the existing crossing with the existing dirt road, to be determined during design. b. Drainageway crossing #3 is located within the SMA and more than 120 feet from the shoreline. At this location, a pre-fabricated bridge span, approximately 140 feet in length, will be installed across the unimproved drainage way. The pre-fabricated bridge will require excavation and the construction of concrete abutments to support the placement of the pre-fabricated bridge span. The bridge will provide 8 to 12 feet of clear travel width. Safety railings shall be a minimum of 42 inches in height with vertical rail component spacings a maximum of 6 inches in width. The aesthetic appearance of the bridge will be determined during the design phase and will be similar in appearance to other pre-fabricated bridges used elsewhere by the COK. Excavated and disturbed areas will be stabilized with vegetative ground cover. c.Drainage crossing #4 is located within the SMA and within the SLU Conservation District. At this location, the existing drainage culvert will be widened on the mauka side to accommodate shifting the existing dirt road mauka and constructing an 8- to 12-foot-wide path segment along the makai side of the existing dirt road corridor outside of the 60-foot shoreline setback line. The widening will require grading, fill and construction of either (i) a sloped embankment or (ii) a new retaining wall approximately 100 feet in length and 5 to 8 feet in height along the mauka side of the existing road to widen support the path Figure 1 – Path Cross Section County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 7 and road corridor widening. In addition, improvements will include installation of a minimum 42-inch-high safety railing, and extension of the existing box culvert inlet to the face of the new embankment or retaining wall. Fill material will be placed to create the embankment or will be placed behind the new retaining wall to create a widened surface to support realignment of the existing dirt road and construction of the proposed shared-use path. Excavated and disturbed areas will be stabilized with ground cover vegetation. viii.Protective fencing will be installed along the path segment between Ninini Point and Timbers Resorts Hōkūala Golf Course Hole 13 and/or around Wedge-tail Shearwater nesting areas. Fencing will be designed to prevent dogs from entering protected areas. Fence materials and construction will be selected for durability in the harsh coastal environment. An inspection / maintenance program will be prepared by the COK to ensure that the fence remains intact and in good condition and that necessary repairs are made in a timely fashion. Approximately 1,000 lf of the fence will be within the SMA and an additional 2,000 lf will be outside of the SMA. ix.A comfort station will be constructed at Ninini Point Lighthouse with men’s and women’s lavatories, drinking fountain, and lighting. The proposed comfort station is located outside of the SMA, however power and water utilities that serve the comfort station will cross through the SMA within the existing airport perimeter road corridor. Comfort station program details include: d.Locate the comfort station at the site of the former lighthouse caretaker’s residence to take advantage of a previously disturbed building site. e. Base the building design on native architectural forms or natural land forms. f.Use natural materials and colors for exterior surfaces to minimize visual impacts. Avoid use of bright or reflective colors. g. Keep exterior lighting to a minimum required for safety and security. Lighting will use low-intensity sources that emit long wavelength light (e.g. yellow or amber globes). Light sources will be shielded or angled downward to eliminate glare that would disturb or disorient animals. h. Use an individual wastewater system or composting toilet for wastewater disposal. Electrical power will be supplied by existing overhead utility lines or photovoltaic cells. A water line will be installed with connection to a water service main on Ninini Point Street. x.A paved parking area will be developed at the Ninini Point Lighthouse with space for 10 automobiles. The parking lot will be located outside of the SMA. xi.Interpretive signage will be installed at Ninini Point, outside of the SMA, describing: a. The history of Nāwiliwili Harbor and historic and cultural resources in the vicinity: Hawaiian settlement patterns, Ninini Heiau and Kuhiau Heiau, and development of Līhuʻe Airport. b. The natural history of the area, including surrounding landmarks and natural features (e.g. Ha’upu, Nāwiliwili, and Kalapakï), unique flora and fauna and marine animals, and protected bird species known from the area, (e.g. nesting colonies of Wedge-tail Shearwater and Nēnē). c.Identify views and points of interest. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 8 xii.Within the SMA, signage will be provided as necessary to inform path users about safety, orientation, conservation efforts, user’s responsibilities, regulatory restrictions and other relevant information. xiii.Gates will be installed at the path entrance at Ahukini Landing and on the airport perimeter road (Ninini Point Street) to facilitate closure of the coastal area in the event of an airport incident or security operation. Signs at the gate will inform the public of access restrictions related to airport operations and security xiv.Utility pull-boxes that serve airport facilities and that are located near the shared-use path will be modified so that they can be locked against vandalism and theft. xv.No picnic pavilions, picnic tables, or bike racks will be installed along the path corridor between Ahukini Landing and Ninini Point, except for proposed improvements at Ninini Point. Shared-use Road Segments: •Segment C – Ninini Point Street from the Segment A Connection to Kāpule Highway. This segment is located outside of the SMA. •Segment D – Kāpule Highway / Ninini Point Street Intersection to Ho'olaule'a Way. This segment is located partially within the SMA and will be constructed by the landowner as a condition of a separate SMA Permit. 2 •Segment G – Ahukini Point to Lihue Airport. An approximately 1,200 lf portion of this segment is within the SMA. •Segment H – Lihue Airport to Kāpule Highway. This segment is located outside of the SMA. Improvements include striping, stenciling, signage and installation of bike storage lockers. For the shared-use road segments, improvements will consist of striping and/or stenciling the existing paved roadways and the installation of “shared-use” road signage. Summary of Phase A path segments in the SMA Phase A segments located within the SMA and included in this permit include: •Segment A – approximately 17,000-lf portion along the shoreline, including 8,080 lf located within and 8,920 lf located outside of the SLU Conservation District. •Segment G – approximately 1,200-lf portion on Ahukini Road Summary of Phase A path segments outside of the SMA •Segment A – approximately 2,000-lf portion connecting to Ninini Point Road and an additional 350-lf path segment that connects the path to the proposed comfort station near the Ninini Point Lighthouse. •Segment C – approximately 10,200-lf portion of Ninini Point Road between Kāpule Highway and Segment A •Segment G – approximately 5,000-lf portion on Ahukini Road to the airport 2 COK Bill 2831 (2021) approved amendments to zoning conditions in COK Ordinance No. PM-2006-383, as amended by Ordinance No. PM-2009-394.for Tower Kaua'i Lagoons Sub 1, LLC, 2014 Kaua'i Lagoons Golf, LLC, Tower Kaua'i Lagoons Land, LLC, and Tower Kaua'i Lagoons Sub 7, LLC (Applicant). Bill 2831 Condition 21 requires the Applicant to report on conditions of approval under Special Management Area Use Permit SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, and Class IV Zoning Permit Z-IV-2005-30 for the development of public access improvements, including public beach access, for pedestrian and non-motorized traffic. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 9 •Segment H – approximately 2,000-lf of combined segments at the airport Phase A segments located within the SMA that are not included in this permit include: •Segment B – An approximately 5,600-lf segment that is being constructed entirely by Timbers Resort in accordance with Condition No. 9 of Amendment to Special Management Permit SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, and Class IV Zoning permit Z-IV-2005-30 and Special Permit SP-2008-4; and Condition No. 7 of Zoning Ordinance No. PM-2006-383. •Segment D – An approximately 2,000-lf portion is within the SMA. The entire segment will be constructed by Timbers Resort under a separate SMA permit. See Section VII, Exhibit 6 – Special Management Area Map Future project phases not included in this application The DPW plans to undertake additional phases of the Nāwiliwili-Ahukini Shared-Use Path system in the future as circumstances allow. The future phases include the following: Phase B1 – Ninini Point Road / Kāpule Highway Intersection to Nāwiliwili Railroad Bridge, consisting of the following path segments: •Segment E – Kaua‘i Marriott to Nāwiliwili Railroad Bridge and Beach Park. Phase B2 – Nāwiliwili Railroad Bridge and Nāwiliwili Beach Park Improvements; •Segment F – Nāwiliwili Beach Park Improvements Phase B3 – Nāwiliwili Beach Park to Nāwiliwili Small Boat Harbor and Niumalu Park; •Segment O – Nāwiliwili Beach Park to Niumalu Beach Park (Rice Street to Wilcox Road / Kānoa Street / Wa‘apā Road / Niumalu Road) •Segment P – Niumalu Road to Nāwiliwili Small Boat Harbor Phase B4 – Secondary Segments through Lihue Town. •Segment I – Ahukini Road – Kāpule Highway to ‘Umi Street •Segment J – Kāpule Highway – Ahukini Road to Rice Street •Segment K – Molokoa Public Facility Center and Vidinha Stadium Complex •Segment L – Līhu‘e Civic Center Connections •Segment M – Rice Street Project Rationale The project will benefit residents and visitors by preserving coastal access, creating a new safe recreational resource and supporting alternative modes of transportation to connect key community centers, including residential neighborhoods, commercial centers, parks, and the airport. The existing road system that connects Nāwiliwili Bay, Līhu‘e, and the towns along the windward coast of Kaua‘i provides scant accommodation for non-motorized modes of transportation. Until the development of Ke Ala Hele Makālae was initiated, there had been no dedicated system of paths or lanes for pedestrians and bicyclists to travel between employment centers, parks, and the towns and major civic facilities in the region. Within the subject project corridor, existing pedestrian sidewalks, bike lanes, and paths remain disconnected and ancillary to the motorized vehicle roadways. As a result, County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 10 there is little to encourage residents and visitors to use non-motorized vehicles as a viable means of transportation. Only the most intrepid bicyclists travel the narrow shoulders along Kāpule and Kūhiō Highway. The project corridor along the coast is currently open for enjoyment by the public. The segment between Ahukini Landing and Ninini Point in particular provides a wild, open-space coastal experience, relatively untouched by development, located minutes from downtown Līhu‘e. However, the existing dirt access road and informal trails to the shoreline are unimproved and difficult to navigate without an off-road vehicle. Access to this resource is prohibitively difficult to many members of the public. The purpose of the project is to support transportation alternatives to the automobile, to provide non-motorized path facilities for pedestrians and cyclists for recreation and fitness, and to preserve coastal areas and access. In addition, the project is being developed to enhance the quality of life for Kaua‘i’s residents by providing a safe and enjoyable place for families, friends, and individuals to play, socialize, and experience the beauty of the coastal open spaces. The project seeks to address access availability to a variety of users of different ages, physical condition, and age levels. Finally, implementation of the Nāwiliwili – Ahukini Shared-Use Path Project will help fulfill the State Department of Transportations’ Bike Plan Hawai‘i, which identifies the need for transportation improvements that support non-motorized modes of travel. 2.Shoreline Certification A shoreline survey was certified by the Department of Land and Natural Resources on September 9, 2022. Copies of the certified shoreline survey map and photographs are attached in Section VII, as Exhibit 7 – Shoreline Survey. 3.Plot Plan and Building Plans The proposed Segment A shoreline path alignment is shown in Section VII, Exhibit 8 – General Site Plan. Plot plans and building plans have not been prepared for this project: No buildings are proposed within the SMA. Preliminary schematic plan and elevation drawings for the proposed pre-fabricated bridge at drainage crossing #3 are provided in Exhibit 9. Details of the proposed pre- fabricated bridge will be determined during design. The proposed comfort station at Ninini Point is located outside of the SMA. The comfort station will be designed in conformance with the design recommendations in the Final Environmental Assessment: 1. Locate the comfort station at the site of the former lighthouse caretaker’s residence to take advantage of a previously disturbed building site. 2. Base the building design on native architectural forms or natural land forms. 3. Use natural materials and colors for exterior surfaces to minimize visual impacts. Avoid use of bright or reflective colors. 4. Keep exterior lighting to a minimum required for safety and security. Lighting will use low-intensity sources that emit long wavelength light (e.g. yellow or amber globes). County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 11 Light sources will be shielded or angled downward to eliminate glare that would disturb or disorient animals. 5. Use an individual wastewater system for wastewater disposal. Electrical power will be supplied by existing overhead utility lines or photovoltaic cells. A water line will be installed with connection to a water service main on Ninini Point Street. 6. Develop a paved parking area at the Ninini Point Lighthouse with space for 10 automobiles. 7. Provide interpretive signage at Ninini Point describing: •The history of Nāwiliwili Harbor and historic and cultural resources in the vicinity: Hawaiian settlement patterns, Ninini Heiau and Kuhiau Heiau, and development of Līhuʻe Airport. •The natural history of the area, including surrounding landmarks and natural features (e.g. Ha’upu, Nāwiliwili, and Kalapakï), unique flora and fauna and marine animals, and protected bird species known from the area, (e.g. nesting colonies of Wedge-tail Shearwater and Nēnē). •Identify views and points of interest. Design of the comfort station will also be subject to design review in accordance with the National Historic Preservation Act, Section 106 mitigation commitments: 1. The COK DPW shall consult with the SHPD during development of design plans for a proposed comfort station at the former site of the Ninini Point Lighthouse caretaker’s house (SIHP Site 50-30-11-208) to determine appropriate design of structures. 2. The SHPD, KHPRC and HHF shall be given the opportunity to provide comments on the design of the proposed comfort station at the preliminary and pre-final stages. 3. The COK DPW shall develop educational signage for Ninini Point in accordance with the Interpretive Plan prepared for the project as part of the National Historic Preservation Act (NHPA) Section 106 mitigation commitments. 4.Other Information required by the Director HRS 343 In compliance with HRS, Chapter 343, COK prepared an Environmental Assessment for the project and issued a Finding of No Significant Impact (FONSI) dated January 12, 2018. Section VII, Exhibit 13 – Finding of No Significant Impact. County Zoning The pathway alignment will pass through the following most COK land use zoning districts. See Section VII, Exhibit 3 – County of Kaua‘i Zoning Districts. Agriculture (AG) Conservation (C) Industrial-General (I-G) Industrial-General/ Special Treatment District (I-G/ST-P) Open (O) Residential – 2 dwellings per acre (R2) The bike path acts as both a public transportation facility and an open space recreational resource. In one capacity or the other, the proposed pathway is a permitted use in all COK land use zones : County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 12 Special Treatment District- Public The Līhu‘e Airport parcel is zoned Industrial General with a Special Treatment District- Public overlay (IG/ST-P). A Zoning Use Permit – Class 4 is required where the path falls within this district. The project is consistent with the ST-P zoning as it is a pathway network that will provide multimodal transportation for public use and preserve public access to coastal areas. Where the path falls within ST-P district, the path alignment will primarily follow existing roadways, with the exception of portions of Segment A located along the coastline. Improvements in the ST-P will not substantially change the form or appearance of structures or land. Path segments within the Līhu‘e Airport IG/ST-P area will be subjected to additional conditions to protect people and property. The COK consulted with the DOT-A, Federal Aviation Administration (FAA), Transportation Security Administration (TSA), and Air Traffic Control regarding the planned project improvements. A list of recommendations and mitigation measures developed through consultation are incorporated into the shared- use path plan. See Item 5.C.10 below for a description of proposed mitigation measures related to airport operations. Tsunami District Recreational facilities are a permitted use within the tsunami district. All structures and developments will be subject to additional construction and development standards, if required, as provided in Section 15-1, Flood Plain Management, Kaua‘i County Code. Shore District Shore District Recreational facilities are a permitted use within the shore district. All proposed development will be subject to development standards and permitting requirements as provided in Section 8-13 of the Kaua‘i County Code, and Chapter 205 Hawai‘i Revised Statutes. Shoreline Setback Variance Determination Proposed project improvements are subject to review pursuant to KCC Section 8-27 (Ordinance 1088), Shoreline Setbacks and Coastal Protection. All permanent path structures and features will be located mauka of the 60-foot shoreline setback line, but the majority of the improvements will be located withing the 100-foot shoreline setback. Project development might require limited work activities within the shoreline setback, including access by construction personnel and equipment, temporary placement of construction stormwater controls (best management practices), grading to accommodate the path alignment, and permanent vegetative ground cover to stabilize soils along the path. These activities within the shoreline setback will be determined during the design phase and are expected to be minimal in scope. Project activities and ground stabilization improvements located within the shoreline setback will be designed to meet criteria for temporary and minor improvements permitted within the shoreline setback, pursuant to KCC Section 8-27.7 (a)(4) and (8). County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 13 5.Project Assessment a.Description of the area and environment involved including flora and fauna and other features; Fauna Birds Field surveys have identified four listed species of endangered or protected birds in the project area. The four listed species were the Hawaiian Goose, or Nēnē (Branta sandvicensis), Hawaiian Duck, or Koloa (Anas wyvilliana), the Hawaiian endemic sub- species of the Common Moorhen, or ‘Alae ‘ula (Gallinula chloropus sandvicensis), and the Hawaiian Coot, or ‘Alae ke‘oke‘o (Fulica alai). All four species were seen in and around the Timbers Resorts (formerly Kaua‘i Resorts) property, located immediately to the west of the Līhu‘e Airport main runway. A population of Nēnē (Branta sandvicensis) geese has been identified to the west of Līhu‘e Airport, on property belonging to the Department of Transportation. Nēnē are known to inhabit scrubland, grassland, golf courses, and open lowland country. Their breeding season is from November to April. Nēnē conceal their nests under bushes and prefer to nest in the same area. Nēnē goslings are flightless for about 11 to 14 weeks after hatching. These characteristics render them vulnerable to dogs and feral cats. Family groups remain in the breeding ground about a month after goslings can fly, at which time they roam surrounding areas searching for food. The U.S. Fish & Wildlife Service (USFWS) and the State of Hawaii Department of Land and Natural Resource (DLNR), Division of Forestry and Wildlife (DOFAW) monitor, and when necessary, translocate portions of this Nēnē flock due to concerns over the potential Bird Air Strike Hazards posed by the geese to aircraft using the Līhu‘e Airport. A number of other resident native avian species including both resident and migratory species were recorded. These native and indigenous species include the Hawaiian endemic sub-species of the Short-eared Owl, or Pueo (Asio flammeus sandwichensis), and the resident, Black-crowned Night-Heron, ‘Auku‘u (Nycticorax hoactli), as well as the migratory Pacific Golden-Plover, or Kōlea (Pluvialis fulva), and Ruddy Turnstone, or ‘Akekeke (Arenaria interpres). A significant nesting colony of Wedge-tailed Shearwater, or ‘Ua‘u kani, (Puffinus pacificus) is present adjacent to a portion of the path, between Ninini Point Lighthouse, and Ninini Beach. The colony extends from just above the high-water mark, inland, onto the flats above the cliff face. Wedge tailed Shearwaters are not protected under either federal or State of Hawai‘i endangered species statutes, they are protected under the federal Migratory Bird Treaty Act. Additionally, both the endangered Hawaiian Petrel, or ‘Ua‘u (Pterodroma sandwichensis), and the threatened Newell’s Shearwater, or ‘A‘o (Puffinus auricularis newelli) overfly the project area on an annual basis on their way back and forth to their colonies located inland. Mammals An endangered Hawaiian Hoary Bat (Lasiurus cinereus semotus) was found foraging in the project area near the Timbers Resorts Ocean Course golf course. This species though endangered is generally considered to be fairly common on Kaua‘i. It occupies a variety of habitats, including native forest, agricultural lands, residential and lowland areas, so its occurrence in the project area is not unexpected. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 14 The USFWS and National Marine Fisheries Service (NMFS) note that the federally protected Hawaiian Monk Seal (Monachus schauinislandi) has used the coastal regions of the project as a birthing and pup-rearing site. In addition, near shore waters are frequented by various dolphin and whale species. Other mammals recorded in the project area include non-native species of cats, dogs, pig, European house mice and at least one species of rat. Reptiles Green sea turtles (Chelonia mydas) and hawksbill turtles (Eretmochelys imbricata) frequent the near-shore waters along the project corridor to forage, and are known to haul-out at the sandy beaches along the coastline. Critical Habitat There is no designated critical habitat in the project area. Impacts and Mitigation Based on consultation with the USFWS, NMFS, DOFAW and Division of Aquatic Resources (DAR), the COK and Federal Highway Administration (FHWA) determined that the project may affect, but is not likely to adversely affect Endangered Species Act (ESA) listed and protected species. Moreover, there is no critical habitat in the project area, and none will be affected by the project. The proposed project will have mitigations measures which includes: •Avoiding vegetated areas along coastal bluff and will follow the south segment of the airport perimeter road. •Installing protective fencing along the path segment between Ninini Point and Timbers Resorts’ “Shops at Hōkūala” and/or around Wedge-tail Shearwater nesting areas. •No lighting will be installed along the pathway between Ahukini Landing and Ninini Point. The proposed comfort station at Ninini Point will include full-cut off nighttime lighting. The COK will provide the USFWS with an opportunity to review the comfort station lighting design prior to final design and construction. •Installing signs at appropriate intervals and locations along the path. •Conducting surveys for nesting birds by a qualified biologist during construction. •Following Best Management Practices (BMPs) for Construction activities to minimize impacts on protected resources. Flora There is no significant flora in the project area. Vegetation along the proposed bike/pedestrian corridor is dominated by non-native and invasive species. Impacts and Mitigation Construction of the proposed path is not anticipated to result in adverse impacts to any protected plant species and no negative impact to plant habitats or specific plant communities along the corridor is expected. Landscaping will be implemented along the developed path segments to improve soil retention and promote filtration of any storm water runoff from the path. No irrigation is proposed along the path segment between Ahukini Landing and Ninini Point. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 15 Topographic Features The majority of the project is located on a plateau area makai of the Līhu‘e International Airport within the ahupua‘a of Kalapakī and Hanamaulu. The plateau area slopes gently downward west to east towards the ocean at an average 8 percent slope. The coastline from Ahukini to Ninini consists of cliffs that drop 20 to 30 feet to a cobble shoreline in most areas. The proposed path alignment undulates across the sloping plateau. Impacts and Mitigation: No significant impacts to soils or topography are expected to result from this project. Grading and excavations required for construction of the path and related amenities will be designed to minimize the amount of cut and fill required. The path alignment was selected to take advantage of natural grades in order to meet ADA accessibility standards for slopes with a minimal amount of ground disturbance and related costs. Erosion control measures will be employed during construction. Following project completion, permanent soil stabilization will be achieved through landscaping with various plant materials and ground covers. Coastal Waters The marine waters adjacent to the Ahukini to Nāwiliwili portion of the path are classified as Class A waters by the DOH, HAR, Chapter 54, Water Quality Standards. Class A waters are protected for recreational purposes and aesthetic enjoyment. Impacts and Mitigation: No significant impacts to surface waters are expected to result from the project. Construction activities will be conducted in compliance with Hawai‘i Administrative Rules (HAR) 11-54 Water Quality Standards; HAR 11-55, Water Pollution Control; COK grading and erosion control standards; and other standards as prescribed by law. A National Pollutant Discharge Elimination Systems (NPDES) permit will be obtained for the project and best management practices (BMPs) will be employed to prevent soil loss and sediment and pollutant discharges from work sites. BMPs will include structural (e.g., silt fences, berms, barriers, filter fabric), vegetative (e.g., grass, mulch, ground cover, soil stabilization), and management measures (e.g., project scheduling and phasing, material storage and equipment maintenance procedures, BMP monitoring), as necessary. The path project will include drainage control measures to minimize impacts to nearshore waters from runoff discharges. Proposed design features include: The path will be designed to follow natural contours as much as possible and will not exceed maximum slope standards established by AASHTO for shared-use paths, which allows maximum running slopes of 5%. Path surfaces will have a cross-slope to encourage sheet-flow of runoff water and prevent concentrating flows down the center. Shoulders adjacent to the path will be vegetated to further slow runoff, capture sediments and promote drainage infiltration. Drought tolerant native or indigenous plant species that are common to the local area will be specified for landscaping used in erosion control measures. If site conditions do not support the establishment and growth of native or indigenous plant species, other non-invasive species may be substituted to ensure soil stability and erosion protection. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 16 Three existing culverts and one new bridge span will be used to cross the flow lines of four existing drainage ways. Small drain pipes will be installed as needed to convey flows from smaller existing drainage channels across the pathway. There will be no modification to existing drainage patterns. b.Description of the existing land uses of the project site and surrounding area. The Segment A path corridor goes through undeveloped, former agricultural land located along the coast makai of Līhu‘e International Airport and passes through portions of the airport property owned by the State of Hawai‘i. Existing land uses along the Segment A path alignment include undeveloped open space, fallow agricultural land, shoreline fishing, and recreational off-road vehicle activity. Portions of the proposed alignment follow an existing dirt road to take advantage of existing drainage culvert crossings at three locations. Near Ninini Point, the proposed path alignment follows a segment of the Līhu‘e Airport perimeter security road around the south-west end of Runway 17-35 before connecting with the existing Ninini Point Street. Several airport navigational aids and related utilities are located outside of the airport perimeter fence near the Segment A corridor. These facilities include an Airport Surveillance Radar (ASR) Site located at the approximate mid-point of Runway 17-35 and setback approximately 400 feet from the shoreline, and the airport Middle Marker (MM) Navigational Aid located at Ninini Point. Ninini Point was the site of a lighthouse operated by the United States Coast Guard. The lighthouse structure still exists, however other original structures have been removed. The site is accessible from Ninini Point Street. Segment G follows Ahukini Road from the Ahukini Landing comfort station to Līhu‘e Airport. Adjacent land uses include open space, airport operations, helicopter operations, air cargo, vehicle storage, County Refuse Transfer Station, vacant sugar cane fields, former University of Hawai‘i tropical fruit disinfection facility, recreational boat landing, and shore fishing. The Ahukini Road corridor transitions from undeveloped agricultural lands to airport industrial development with urban street improvements. Segment G ends at the north end of the airport terminal. Segment C follows Ninini Point Street between Ninini Point and Kāpule Highway. serves as a perimeter road around the south boundary of Līhuʻe Airport, and separates the airport from Timbers Resort property. Land uses adjacent to Segment C include open space, airport operations, general industrial, and resort residential and recreational uses including the resort golf course and horse stables. Segments B and D will be developed by Timbers Resort under a separate entitlement process. These segments are located within the resort property. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 17 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 1 Involves an irrevocable commitment to loss or destruction of any natural or cultural resource, 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 Development Plans, and recreation areas and resources; X Discussion: The project is not foreseen to cause any loss or destruction of natural or cultural resources. Improvements in the Special Treatment District will not substantially change the form or appearance of structures or land and will not obstruct any view planes or scenic corridors. The natural and cultural resources along the path corridor have historically been used for subsistence gathering, fishing social gatherings and recreation. In addition, the coastal areas have been used in the past for illegal dumping and other illicit activities that have had an adverse effect on the natural environment. The path improvements will occupy some segments of existing social trails, dirt road and limited vegetated areas along the coastline, but will provide the same access function as those trails and road while making enjoyment of the resources along the shoreline available to a wider range of people, including those with more limited physical abilities, such as the very young and the aged. The path will be aligned to avoid sensitive natural resources, erosion-prone conditions, and historic and cultural features. View corridors toward and from the ocean will not be impacted by construction of the path, which will be installed at grade. No adverse effects to archaeological or historical sites will result from planned shared-use path improvements. Mitigation measures, including preservation in place, avoidance, data recover, adaptive re-use, and on-site and on-call monitoring are proposed to ensure that identified resources are not adversely affected. Should any archaeologically or historically significant artifacts, 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 State DLNR. 2 Curtails the range of beneficial uses of the environment X Discussion: The proposed shared-use path system will result in irretrievable use of the physical environment occupied by the improvements; however, the use of the path will improve public access along the County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 18 shoreline thereby enhancing the range of beneficial uses of the coastal environment. Benefits include preservation of coastal access and open space in perpetuity, preservation of access to fishing sites, provision of a new public resource for recreation, fitness activities, and socializing, and opportunities for public education through exposure to the natural, historic and scenic resources along the path and related interpretive and informational signage. The path and related amenities occupy a very small amount of space within the larger landscape, leaving extensive tracts of coastal land open for open space or other uses. 3 Conflicts with the County’s or the State's long-term environmental policies or goals; X Discussion: There are currently no foreseen conflicts with the COK’s or state’s long-term environmental policies or goals. The proposed bike- pedestrian shared-use path project is consistent with the Environmental Policies established in Chapter 344, Hawai‘i Revised Statutes (HRS). 4 Substantially affects the economic and social welfare and activities or the community, or State; X Discussion: 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 that promote health and wellness, preservation of public coastal access, and shared-use path infrastructure to support alternatives to motor vehicle transportation. 5 In itself has no significant adverse effect but cumulatively has considerable effect upon the environment or involves a commitment for larger actions; X Discussion: The project has no considerable effect on the environment, nor does it create/involve a commitment for larger actions. The proposed project is part of a larger vision to build a continuous coastal path for the benefit of the residents and visitors to the island of Kaua‘i. The overall plan for the Ke Ala Hele Makālae coastal path system between Nāwiliwili and Anahola is being phased. Each phase is studied and evaluated in relation to the whole and as a self-contained project. Implementation of the Nāwiliwili-Ahukini segment of the shared-use path will not commit resources for or compel the construction of any other phase. The proposed shared- use path improvements constructed under this project function as a stand-alone facility to provide logical connectivity and access between Nāwiliwili, Ahukini, the airport, Vidinha Stadium, and County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 19 Līhu‘e town. Connecting this segment of the path to the larger coastal trail system will have a positive cumulative impact by increasing the range of opportunities for using alternatives to motor vehicle transportation to link additional residential, recreational, transit and employment centers. 6 Substantially affects a rare, threatened or endangered species of animal or plant, or its habitat; X Discussion: No endangered plant or animal species will be affected by the project (See also Part B, 5.a. of this application). Mitigation measures developed by specialists in biology, zoology and botany, in consultation with the state federal regulatory authorities will be implemented to prevent adverse impacts to protected birds and mammals known to inhabit the project area. 7 Detrimentally affects air or water quality or ambient noise levels; or X Discussion: There are no air quality or noise issues surrounding this project. Mitigation measures will be taken during construction to prevent runoff from entering the ocean or streams. The project path will include drainage control measures to minimize impacts to nearshore waters from runoff discharges. Proposed design features include designing the path to follow natural contours as much as possible, constructing surfaces with a cross-slope to encourage sheet-flow of runoff water and prevent concentrating flows down the center. Shoulders adjacent to the path will be vegetated to further slow runoff, capture sediments and promote drainage infiltration. 8 Affects an environmentally sensitive area, such as a flood plain, tsunami zone, erosion-prone area, geologically hazardous land, estuary, fresh water, or coastal waters; X Discussion: The path is not likely to suffer damage by its location within an environmentally sensitive area. No construction will occur within FEMA/FIRM flood zones, with the exception of an approximately 1,000 lf segment of the at-grade path and associated bollards and signage located within the VE zone at Ahukini Point. Design and construction of proposed path improvements will be performed in compliance with Kaua‘i County Code, Section 8-12: Flood Districts. Potential effects related to erosion, including earth-work near the coastline will be mitigated by the implementation of construction BMPs in compliance with the Hawai‘i Administrative Rules (HAR) 11-54 Water Quality Standards; HAR 11-55 Water Pollution Control, and COK grading and erosion control standards. Long- County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 20 term impacts related to coastal erosion will be mitigated by the path design and drainage features. 9 May have a major effect on the quality of the environment or affect the economic or social welfare of the area; and X Discussion: Impacts to air and water quality, noise levels, natural resources, and land use associated with construction will be minimal and short-term. Mitigation measures will be employed as practicable to further minimize potentially detrimental effects to the environment resulting from project activities. The project does not involve substantial degradation of environmental quality. Factors affecting public health, including air quality, water quality, and noise levels, are expected to be remain largely as-is following development of the path system; impacts will be limited to the construction period and intermittent and short-term in nature. See also Item 4 above. 10 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. X Discussion: The proposed action is in conformance with the guidelines of the Rules and Regulations, The County General Plan, Līhu‘e Development Plan, and Zoning and Subdivision Ordinances. According to the County’s General Plan’s Līhu‘e Land Use Map, the project area lies within the Urban Center, Resort, Golf Course Agriculture, and Transportation Districts. The project is consistent with County goals, policies, and standards and permitted uses within each of these Land Use Designations. The project is aligned with the Kaua‘i General Plan Vision and Goals for a Sustainable Island, a Healthy and Resilient People, a Unique and Beautiful Place, and an Equitable Place with Opportunity for All. The proposed project supports the following General Plan policies: •Policy #4: Design Healthy and Complete Neighborhoods •Policy #5: Make Strategic Infrastructure Investments •Policy #6: Reduce the Cost of Living •Policy #7: Build a Balanced Multimodal Transportation System •Policy #8: Protect Kaua‘i’s Scenic Beauty •Policy #14: Prepare for Climate Change •Policy #15: Respect Native Hawaiian Rights and Wahi Pana •Policy #16: Protect Access to Kaua‘i’s Treasured Places See Section F.3 below for detailed discussion of the project’s consistency with the Kaua‘i General Plan and Līhu‘e Community Plan. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 21 Special Treatment Districts Portions of path segments A, C, G and H are located within the Līhu‘e Airport area, in lands zoned Industrial General with a Special Treatment – Public (ST-P) overlay. The Kaua‘i County Code, Section 8-11.1, established the purpose for the Special Treatment Districts as: The Special Treatment District specifies the additional performance required when critical or valuable social or aesthetic characteristics of the environment or community exist in the same area as a parcel where particular functions or uses may be developed. 1. To designate and guide development of County areas which because of unique or critical cultural, physical or locational characteristics have particular significance or value to the general public. 2. To ensure that development within those areas recognize, preserve, maintain and contribute to the enhancement of those characteristics which are of particular significance or value to the general public. 3. To ensure that development within those applicable areas is constructed in a manner that safely mitigates impacts from coastal hazards, including but not limited to sea level rise, coastal erosion, high wave run-up, passive flooding, and an increased frequency and intensity of storms. 4.Any of these districts may overlap any Use Districts, creating accumulated regulations that more nearly relate to the conditions of the specific location where the development or use may occur. (Ord. No. 935, November 14, 2012; Ord. No. 1085, December 3, 2020) The ST-P is defined in Kaua‘i County Code, Section 8-11.2 as: All public and quasi-public facilities, other than commercial, including schools, churches, cemeteries, hospitals, libraries, police and fire stations, government buildings, auditoriums, stadiums, and gymnasiums, which are used by the general public, or which tend to serve as gathering places for the general public; and those areas which because of their unique locations are specially suited for such public and quasi-public uses. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 22 The project is consistent with the ST-P zoning as it is a pathway network that will provide multimodal transportation for public use and preserve public access to coastal areas. Path segments will be constructed in a manner that will minimize adverse impacts to the environment and would be designed to follow the American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities (2012); 36 Code of Federal Regulations (CFR) Part 1190, Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way, (July 26, 2011), and Shared Use Paths Supplemental Notice, (February 13, 2013), Architectural and Transportation Barriers Compliance Board; 36 CFR Part 1191, Architectural Barriers Act (ABA) Accessibility Guidelines for Outdoor Developed Areas (effective November 25, 2013); and Americans with Disabilities Act Accessibility Guidelines (ADAAG) (2002 as Amended). Where the path falls within ST-P district, the path alignment will primarily follow existing roadways, with the exception of portions of Segment A located along the coastline. Improvements in the ST-P will not substantially change the form or appearance of structures or land. Path segments along and within the Līhu‘e Airport area will be subjected to additional conditions to protect people and property. The COK consulted with the DOT-A, Federal Aviation Administration (FAA), Transportation Security Administration (TSA), and Air Traffic Control regarding the planned project improvements. A list of recommendations and mitigation measures developed through consultation and incorporated into the shared- use path plan. Mitigation measures include: 1. As a matter of airport security, the shared-use path alignment will be aligned as far away from the airport perimeter and as close to the shoreline as possible. Airport authorities note that use of the shared-use path by the public will enhance security by adding eyes and cell phones to what is an otherwise an un-supervised area. 2. In the limited segments where the shared-use path alignment follows existing public access on the airport perimeter road, the path will be constructed as a separated, 10-to 12-foot-wide concrete path on the makai side of the motor-vehicle travel way. An intervening barrier, such as boulder bollards or guardrail, will be installed for safety purposes to prevent motor vehicles from accessing the pathway. Bollards or barriers will be designed to withstand dislodging by vehicle winch. 3. Public access to the shoreline will be subject to closure by County, State or Federal agencies in the event of an airport incident or security concern. Event response protocols will be developed between Airport authorities, the County government, Civil Defense, and other emergency response services. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 23 4.Gates will be located at the path entrance at Ahukini Landing and on Ninini Point Street near the driveway to Timbers Resorts’ Shops at Hōkūala to facilitate closure of the coastal area in the event of an airport incident or security operation. Signs at the gate will inform the public of access restrictions related to airport operations and security. 5. The Airport Surveillance Radar (ASR) site is located more than 100 feet mauka of the preferred path alignment and separated by intervening topography and vegetation. Path construction activities are not expected to adversely impact the site. No utility pull-boxes are expected to be affected by the preferred path alignment. Pull-boxes located near the shared-use path will be modified so that they can be locked against vandalism and theft. Use of the path may result in increased awareness of the site, but does not facilitate access to the site that does not already exist via the public access dirt road. Signage positioned at the perimeter of the ASR site will be maintained to alert the public of the penalties of interfering with ASR facilities. 6. The proposed comfort station and shared-use path at Ninini Point will be sited and designed in consultation with the FAA Hawai‘i District Office and in compliance with design requirements for the Middle Marker navigational aid. No improvements will be developed that will adversely impact the function of the Middle Marker. Signage positioned at the perimeter of the Middle Marker location will be maintained to alert the public of the penalties of interfering with ASR facilities. 7. Path facilities will be maintained by the COK DPW. Department of Parks and Recreation (DPR) Rangers will be responsible for patrolling the path and enforcing COK ordinances. The COK Police Department will respond to calls for service on the path system from COK Rangers and the public. 8. Ahukini Road (Path Segment G) between Ahukini Landing and the airport terminal is designated as a signed, shared- use bicycle route. No special improvements for this segment are proposed as part of the shared-use path system. Pedestrian and bicycle access will use street improvements (sidewalks, signed bike lanes) as planned and developed by DOT-A, airport tenants, and adjacent landowners. 9. Ahukini Road between the terminal and Kāpule Highway (Path Segment H-2) is designated as a signed, shared-use bicycle route in the preferred alternative. 10. No shared-use path alignments will be routed through the airport terminal or parking area. A path connection will be provided from Kā’ana Street to a “bike depot” located away from the terminal building in the open space area near the U. S. Post Office. From the bike depot, a pedestrian path will connect to the airport terminal building. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 24 11.The airport bike depot design will include a covered pavilion with bicycle racks to provide secure, sheltered space for storing bicycles. Transparent bicycle storage lockers (e.g., plexiglass or wire mesh) will not be included unless reviewed and approved by the DOT-A and TSA. The bike depot will be an airport facility operated and maintained by DOT-A. 12. Continuing consultation with the FAA will include filing an online request for an aeronautical review of planned improvements via the FAA website. The COK will continue to consult with Airport authorities, including DOT-A, FAA, TSA, and Air Traffic Control during the design stage of the project. Project construction plans affecting airport facilities will be submitted to airport authorities for review and comment. No other mitigation measures are recommended or required. d.Evaluation of the proposed development relative to the objectives and policies as contained in Chapter 205-A, HRS, and Section 3.0 of the Special Management Area (SMA) Rules and Regulations: RECREATIONAL RESOURCES Objective: Provide coastal recreational opportunities accessible to the public. Yes No 1 Will the proposed development adversely affect coastal resources uniquely suited for recreational activities that cannot be provided in other areas? X Discussion: The proposed project will not adversely affect any coastal resources. The impacts that do occur will be of short duration and limited to the construction phase of the project. Public access to the shoreline is available through multiple separate roads/paths. Upon the project’s completion the access to these coastal resources will be greatly improved, and allow the public a wider variety of recreational activities as well as locations. The project will provide new pedestrian and bicycle access to the coastline between Ahukini and Ninini Point. Currently, the Ahukini to Ninini Point coastline is used as a popular fishing area. Public access is provided by an unimproved dirt road that follows an existing twenty-foot-wide easement. Coastal access will be maintained for fishermen and other recreational users via this easement. Interpretive signage will be placed along the project corridor educating users on the important natural and recreational resources throughout the coastal area and ways to aid in the County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 25 Yes No conservation and protection of those resources. Water quality will be protected during construction through the application of BMPs in accordance with National Pollutant Discharge Elimination System (NPDES) permit regulations. Proposed improvements will not alter existing drainage patterns. 2 Will the project require replacement of coastal resources having significant recreational value, including but not limited to surfing sites and 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? X Discussion: The project does not require replacement of any coastal resources having significant recreational value. No surfing sites, sandy beaches or fishing areas will be damaged by the development. The project will not create new access paths to existing fishing areas along the shoreline. The proposed action will involve the development of certain recreational resources along the shoreline that will improve lateral public access for health, wellbeing and enjoyment. This will increase the recreational value for areas affected along the project corridor. The project will not require compensation to the State for additional resources. 3 Is the project site near a State or County Park? X Discussion: The overall shared-use paths are located near Līhu‘e County Park, Vidinha Stadium, Nāwiliwili Beach Park, and Niumalu Park. Segment A and G are located near Ahukini Recreational Pier State Park. There are no anticipated adverse impacts to these recreational resources. 4 Will the proposed development affect an existing public access to or along the shoreline? X Discussion: Due to the nature of the project parts of the roads may be closed and or detoured for short periods of time, creating a slight inconvenience to the public. This inconvenience will be mitigated through effective notifications (i.e., road signs and public service announcements). Existing access for fishing will also be preserved, however motor vehicle access to fishing spots will be limited to five designated locations where vehicles County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 26 Yes No can cross the path. The entire coastline will remain unimpeded for non-motorized vehicle and pedestrian access. 5 Will the proposed development provide public access to and/or along the shoreline? X Discussion: After completion of the proposed project, public access to and along the shoreline will be significantly enhanced. The project is being developed to preserve public access to coastal and shoreline areas. The project includes facilities for recreational use (covered picnic/fishing areas, foot paths, comfort stations) that will benefit residents and visitors alike. The new path will facilitate easier access for pedestrians and bicyclists to the Ahukini to Ninini Point shoreline. Path improvements will conform with Americans with Disabilities Act (ADA) accessibility standards to ensure that individuals with disabilities are also able to enjoy these coastal areas. 6 Will the proposed development encourage expanded recreational use of County, State, or federally owned or controlled shoreline lands and waters having recreational value? X Discussion: After project completion access to areas of County, State, and Federally owned or controlled shoreline lands and waters having recreational value will be greatly improved. It is expected that the public will be better enabled to enjoy/utilize these areas. 7 Will the development generate point or non-point sources of pollution that will affect recreation value of coastal area? X Discussion: BMPs will be employed during the construction activities to prevent the generation of point and non-point pollutant sources. As part of the BMPs the affected roads will be kept clean on a daily basis as to mitigate any type of storm-water runoff. During construction, project activities will be conducted in compliance with HAR 11-54 Water Quality Standards: HAR 11-55 Water Pollution Control, and COK grading and erosion control standards. HISTORICAL RESOURCES Objective: Protect, preserve, and where desirable, restore those natural and man-made historic and pre-historic resources in the coastal zone management area that are significant in Hawaiian and American history and culture. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 27 Yes No 1 Is the project site within a Federal, State, and/or County designated historic/cultural district? X Discussion: The project site is not located within a Federal, State, and/or County Designated historic/cultural district. 2 Is the project site listed on or nominated to the Hawaii or National Register of Historic Places? X Discussion: Four studies were prepared to help identify historic properties, assess potential effects, and develop recommended mitigation measures for the entire project area. The four studies 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 0Monahan and Hal Hammatt, Cultural Surveys Hawaii, Kailua, Hawai‘i, June 2008. 2.Cultural Impact Evaluation for Nāwiliwili – Ahukini Bike/Pedestrian Path Project, Nāwiliwili, Kalapakī, Hanamā‘ulu 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 March 2010, revised April 2010, revised November 2013. 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 archaeological inventory survey investigation documented 15 historic sites within path Segment A, between Ahukini Landing and Ninini Point, including sites previously identified during the field reconnaissance and literature review. The sites County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 28 are identified in Section VII, Exhibit 10 – State Historic Sites Figure and No Adverse Effect Table. Of the 15 historic sites identified, the following nine are considered to be significant historic properties according to the criteria established for the Hawai‘i Register of Historic Places. 1. Site 50-30-11-2086 (CSH 3) consists of the remnants of two terraces interpreted as associated with pre-contact habitation. Site 50- 30-11-2086 is assessed as significant under Criterion D (have yielded, or may be likely to yield information important in prehistory or history) and Criterion E (value to the native Hawaiian people due to associations with cultural practices). 2. Site 50-30-11-2087 (CSH 5) is a series of features interpreted as being associated with Nāwiliwili Harbor Light. Site 50-30-11-2087 is assessed as significant under Criterion C (embodies the distinctive characteristics of a type, period, or method of construction, represents the work of a master, or possesses high artistic value) and Criterion D (have yielded, or may be likely to yield information important in prehistory or history). 3. Site 50-30-11-2088 (CSH 6) is the foundation of a historic communications tower present on the 1910 U.S. Geological Survey map. Site 50-30- 11-2088 is interpreted as associated with historic communications practices and is assessed as significant under Criterion D (have yielded, or may be likely to yield information important in prehistory or history). 4. Site 50-30-11-2089 (CSH 7) is a possible burial mound and is interpreted as associated with historical burial practices. Site 50-30-11-2089 is assessed as significant under Criterion D (have yielded, or may be likely to yield information important in prehistory or history) and Criterion E (value to the native Hawaiian people due to associations with cultural practices). 5. Site 50-30-11-2090 (CSH 8) is an artillery gun emplacement and is interpreted as associated with historic military operations. Site 50-30-11- 2090 is assessed as significant under Criterion D (have yielded, or may be likely to yield information important in prehistory or history). County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 29 Yes No 6.Site 50-30-11-2092 (CSH 10) is an outhouse and cesspool interpreted as associated with historical residential housing. Site 50-30-11-2092 is assessed as significant under Criterion D (have yielded, or may be likely to yield information important in prehistory or history). 7. Site 50-30-11-2094 (CSH 12) is the remnants of a terrace interpreted as associated with pre- contact habitation. Site 50-30-11-2094 is assessed as significant under Criterion D (have yielded, or may be likely to yield information important in prehistory or history) and Criterion E (value to the native Hawaiian people due to associations with cultural practices). 8. Site 50-30-11-2095 (CSH 13) is a scatter of shell midden with a subsurface cultural layer. CSH 13 is interpreted as a pre-contact activity area and is assessed as significant under Criterion D (have yielded, or may be likely to yield information important in prehistory or history) and Criterion E (value to the native Hawaiian people due to associations with cultural practices). 9. Site 50-30-11-2103 (CSH 16) is the remnants of five foundations associated with a historic industrial complex present near Ahukini Landing. It is assessed as significant under Criterion D (have yielded, or may be likely to yield information important in prehistory or history). Nine sites are deemed eligible to the Hawai‘i Register of Historic Places, five are recommended for preservation, and no further work is recommended for the remaining four sites. Site 50-30- 2089 will be addressed by a Data Recovery Program, in compliance with HAR 13-13-278, prior to commencement of construction activities. This program will consist of a Data Recovery Plan, appropriate fieldwork, and a Data Recovery Report. Should human remains be identified, they will be considered previously identified and SHPD and the Kaua‘i Island Burial Council will be consulted for the appropriate treatment, per HRS 13-300-31. A Preservation Plan, prepared in compliance with HAR 13-13-277, is recommended to address the remaining four sites (50-30-11-2086, -2090, -2094 and - 2103) that are recommended for preservation. An archaeological monitoring program, prepared in compliance with HAR 13-13-279, is also recommended with a combination County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 30 Yes No of on-site and on-call monitoring during all ground disturbing activities related to this project. 3 Does the project site include land(s) which have not been previously surveyed by an archaeologist? X Discussion: No, the project site does not include land that has not been previously surveyed by an archeologist. 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? X Discussion: Yes, the Archaeological Inventory Survey conducted by Cultural Surveys Hawai'i (CSH) was accepted by SHPD on January 21, 2014, as final and approving the agreed-upon mitigation measures. See Section VII – Exhibit 14. 5 Has any site survey revealed any information on historic or archaeological resources? (Please provide a copy of reference of survey) X Discussion: Yes, the following surveys conducted for the entire project area are provided in Section VII – Exhibit 15: 10. 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. 11. 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 March 2010, revised April 2010, revised November 2013. 6 Is the project site within or near a Hawaiian fishpond? X Discussion: There is no Hawaiian fishpond near or within the project area. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 31 Yes No 7 Is the project located within or near a historic settlement area? (Cemeteries, burials, heiaus, etc.) Discussion: The above-mentioned studies conducted for the entire project area, in the Historical Resources section of this application, resulted in 27 identified historic properties. Of those 27 identified historic properties, 18 are within the SMA near segment A and G.See Section VII, Exhibit 10 – State Historic Sites Figure and No Adverse Effect Table and Exhibit 16 – Ka Pa‘akai Analysis. According to the 2008 archaeological literature review and field inspection report prepared by Cultural Surveys Hawai‘i for the entire project area, there are two heiaus located near Segment A. The two heiaus are the Ninini Heiau (SIHP No. 50-30-11-100) and Ahukini Heiau(SIHP No. 50-30-11-101). Ninini point is a scenic lookout that is home to a historic structure as well as a heiau, which is not located in the SMA. Ninini Heiau was previously destroyed in the early 1900’s. Ahukini Heiau is located at Ahukini Point midway from Ninini to Ahukini Landing and was destroyed by erosion and Hurricane Iniki in 1993. There is one historic mound / possible burial (SIHP No. 0 -30-11- 2089) identified during the archaeological inventory survey of the coastal area between Ahukini Landing and Ninini Point near Segment A. As an outcome of the NHPA Section 106 consultation process, the FHWA has determined that there will be “no adverse effect” to historic properties identified within the Area of Potential Effect (APE). The APE is established for the NHPA and is determined to be all the proposed primary and secondary pathway corridors. The APE consists of both alignment-option corridors linking Ahukini Landing, Nāwiliwili Harbor Light, Līhu‘e Airport, Kaua‘i Lagoons and Marriott Resort, Nāwiliwili Park and Harbor, and Niumalu Park and all lands in the vicinity of these alignment options from the western shoulder of the mauka (inland) corridor east to the ocean. The “no adverse effect” determination is rendered based on the recommendations summarized in Section VII, Exhibit 10 – State Historic Sites Figure and No Adverse Effect Table and because the path will be aligned to avoid these historic properties. X County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 32 SCENIC & OPEN SPACE RESOURCES Objective: Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. 1 Does the project site abut or affect a valued scenic resources or landmark within the SMA? Yes Discussion: The path alignment follows the undeveloped shoreline between Ahukini Landing and Ninini Point. The shoreline is valued by the public as open, undeveloped coastal space close to and accessible from Līhu‘e Town. This stretch of coastline offers sweeping views of the east shore of Kaua‘i, from Carter Point and Kawai Point to the south to Ahukini Point to the north. The historic Ninini Point lighthouse is a landmark within this coastal landscape, outside of the SMA. The proposed path will not adversely affect the valued scenic resources or landmarks within the SMA. The path and related signage and bollards will be apparent within the visual setting, but will be designed to minimize their visual presence. The path concrete will be dyed or stained to match the color of the native soil. No lighting will be used along the coastal alignment within the SMA. Signage will be kept to the minimum required for public information and education. 2 Does the proposed development affect existing shoreline open space and scenic resources? Yes Discussion: The proposed path improvements will be apparent within the open space setting of the coastline, but will not be obtrusive and will not detract from the open space setting and scenic resources. The path improvements will be designed to visually blend with the natural landscape. The path geometry will curve and undulate with the topography. The path materials will be colored to match existing terrain. Signage will be kept to the minimum required for public safety, information and education. The path is expected to provide more convenient access to the coastal open space and scenic resources for a wider variety of people of all ages and abilities. Educational signage will help to enhance appreciation of the scenic resources along the coast. 3 Does the proposed development involve alteration to natural landforms and existing public views to and along the shoreline? Yes County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 33 Discussion: Path construction will require grading and excavation to establish design grades and cross-slopes that meet ADA accessibility standards. The path alignment will be designed as much as possible in harmony with the existing topography to minimize the amount of earth movement. The project does not involve significant alteration of natural land forms that would change the character and feel of the terrain or alter existing public views to and along the shoreline. 4 Is the project compatible with the visual environment? Yes Discussion: The proposed path will be compatible with the visual environment. The path will be an at-grade feature designed to curve and undulate within the existing topography. Path materials will be colored to match the existing land hues in the natural landscape. Ground cover plants will also be selected for suitability within the existing landscape. 5 Does the proposed action involve the construction of structures visible between the nearest coastal roadway and the shoreline? Yes Discussion: The path project includes construction of a 10- to 12-foot wide, at-grade concrete path and installation of signage, bollards and fencing (for protection of nesting sea birds and Nēnē). In addition, a pre-fabricated bridge will be installed across a natural dry-gulch drainageway approximately 75 feet from the shoreline. These features will be visible from Ahukini Road and Ninini Point Street. 6 Is the project site within the Shoreline Setback Area (20 or 40 feet inland from the shoreline)? No Discussion: The path alignment between Ahukini Point and Ninini Point varies between 60 feet and 300 feet in distance from the certified shoreline. No project improvements will occur within 40 feet from the shoreline. The County of Kaua‘i requires that all portions of new concrete paths/walkways located within 40 feet of the shoreline setback area shall be saw-cut at 3-foot intervals. All project improvements shall be constructed more than 60 feet from the certified shoreline. All proposed path segments within the 100-foot shoreline setback will be constructed of concrete with saw-cuts at 3-foot intervals, in compliance with the County of Kaua‘i requirements. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 34 COASTAL ECOSYSTEMS Objective: Protect valuable coastal ecosystems from disruption & minimize adverse impacts on all coastal ecosystems. 1 Is the project site a habitat for endangered species of flora and fauna? Yes Discussion: Although there is no designated critical habitat in the project area, the following protected species are recorded in the area: the Hawaiian Monk Seal (Monachus schauinislandi), Hawaiian hoary bat (Lasiurus cinereus semotus), green sea turtles (Chelonia mydas) hawksbill turtles (Eretmochelys imbricata) Hawaiian Goose, or Nēnē (Branta sandvicensis), Hawaiian Duck, or Koloa (Anas wyvilliana), the Hawaiian endemic sub- species of the Common Moorhen, or ‘Alae ‘ula (Gallinula chloropus sandvicensis), and the Hawaiian Coot, or ‘Alae ke‘oke‘o (Fulica alai). See Part B, 5.a. of this application. 2 Will the proposed development adversely affect valuable coastal ecosystems of significant biological or economic importance? No Discussion: During construction, BMPs will be employed in compliance with NPDES permit requirements to prevent pollutant discharge in storm water runoff. Discharge pollution prevention measures will be installed for each project action as required by project activities. Measures to prevent sediment discharge in storm water runoff during construction will be in place and functional before project activities begin and will be maintained throughout the construction period. Runoff and discharge pollution prevention measures will be incorporated into site-specific BMP plan by the project contractor. 3 Will the proposed involve disruption or degradation of coastal water ecosystems through stream diversions, channelization, and similar land and water uses? No Discussion: Project activities do not involve alterations to stream channels or other water bodies or water sources. The project involves construction activities near coastal bodies of water. During construction, BMPs will be employed in compliance with NPDES permit requirements to prevent pollutant discharge in storm water runoff. Discharge pollution prevention measures will be installed for each project action as required by project activities. The permit requires implementation of BMPs, including site management measures and physical controls (e.g. diversion County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 35 berms, silt fences, detention ponds) to reduce pollutants in construction storm water runoff and ensure that the project complies with State water quality standards. 4 Will the proposed action include the construction of special waste treatment facilities, such as injection wells, discharge pipes, septic tank systems or cesspools? Yes Discussion: Waste treatment facilities are not proposed within the SMA as part of the project phase (Phase A) that is the subject of this SMA permit application. However, a comfort station is proposed outside of the SMA at Ninini Point as part of path segment A. The comfort station at Ninini Point will require construction of an individual wastewater aerobic or septic system, or a compost system for wastewater treatment and disposal until such time as a COK collection system connection is available. These waste treatment system will be carefully monitored/maintained to ensure proper waste disposal and prevent pollutant discharges. In a future phase of the overall Nāwiliwili-Ahukini Shared Use Path project, Phase B2, which is not part of this SMA application, a new comfort station is proposed at Nāwiliwili Beach Park where COK sewer collection system connection is available. 5 Is there a wetland on the project site? Yes Discussion: According to the USFWS, segment A and G are located adjacent to Estuarine and Marine Wetland habitat, classified as a M2RSN, and Riverine habitat, classified as a R4SBCx. Segment A is also located near Kauai Lagoons which is a lake habitat, classified as a L1UBHh and Mokihana Freshwater Pond which is classified as a PUBHx. See Section VII, Exhibit 11 – Wetland Map. The FHWA completed informal consultation with the USFWS, NMFS, State DLNR Division of Forestry in compliance with ESA Section 7(a)(2) and 50 CFR Part 402, Subpart B. Based on the consultation, the FHWA determined that the project may affect, but is not likely to adversely affect ESA-listed and protected species. The USFWS concurred with the FHWA determination by letter dated January 21, 2009. The NMFS concurred with the FHWA determination by letter dated January 16, 2009. See Exhibits Volume II, Exhibit 18, HRS 343 FEA, Appendix B, Federal Consultation Correspondence. The shared-use path does not encroach on any of the wetland areas, the ACOE indicated that a Jurisdictional Determination is not required. The bike path will be routed around wetland resources and will be stay in the existing rights-of-way. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 36 Construction activities will be conducted in compliance with HAR 11-54 Water Quality Standards; HAR 11-55, Water Pollution Control; COK grading and erosion control standards; and other standards as prescribed by law. A NPDES permit will be obtained for the project and BMPs will be employed to prevent soil loss and sediment and pollutant discharges from work sites. With implementation of the BMPs, there are no significant impacts to wetlands expected to result from the project. 6 Is the project site situated in or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary? No Discussion: The project site is not situated in or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary. ECONOMIC USES Objective: 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? No Discussion: Phase A of the project, that is the subject of this application, does not involve a harbor or port. A future phase of the overall Nāwiliwili – Ahukini Shared-Use Path Project, Phase B3, that is not part of this SMA permit application, will provide shared-use path connectivity to Nāwiliwili Harbor and Small Boat Harbor. 2 Is the proposed development related to or near to an existing major hotel, multi-family, or condominium project? Yes Discussion: The project site is located near the Kaua‘i Marriott Resort, The Royal Sonesta, and Timbers Resorts. Construction activities will be of a short duration and will not create appreciable inconveniences to the existing facilities or associated activities. Visitors of the hotel will benefit from the completion of development, through convenient accessibility to the surrounding coastline, scenic locations, and picnic/fishing areas. 3 Does the project site include agricultural lands designated for such use? Yes Discussion: The project site includes areas designated as agricultural lands. The pathway does not pass through actively cultivated agricultural lands. Where it passes through land zoned for County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 37 agricultural, it will follow existing access corridors or align adjacent to the coastal bluff and will not reduce the amount of land used for agricultural purposes. 4 Does the proposed development relate to commercial fishing or seafood production? No Discussion: The project does not relate to commercial fishing or seafood production. COASTAL HAZARDS Objective: Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence. 1 Is the project site within a potential tsunami inundation area as depicted on the National Flood Insurance Rate maps (FIRM)? Yes Discussion: The project site is within a potential tsunami inundation area. The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) (FEMA/FIRM panels 1500020 - 326F, -327F, -328F and -329F effective date November 26, 2010) indicates that the project corridor passes through a special flood hazard area inundated by 100-year flood: Between Ahukini Landing and Ninini Point, flood elevations are designated as VE (in which flood elevations of 13-24 feet msl have been determined). The project corridor also passes through Zone X which has been determined to be outside the .2% annual chance floodplain. See Section VII, Exhibit 12 – FEMA/FIRM Maps. 2 Is the project site within a potential flood inundation area according to a FIRM? Yes Discussion: The FEMA/FIRM panels 1500020 -326F, -327F, -328F and - 329F effective date November 26, 2010, indicates that the project corridor passes through a special flood hazard areas inundated by 100-year flood: Between Ahukini Landing and Ninini Point, flood elevations are designated as VE (in which flood elevations of 13-24 feet msl have been determined). The project corridor also passes through Zone X which has been determined to be outside the .2% annual chance floodplain. See Section VII, Exhibit 12 – FEMA/FIRM Maps. 3 Does the project comply with the requirements of the Federal Flood Insurance Program? Yes County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 38 Discussion: The project complies with the requirements of the Federal Flood Insurance Rate Program. The comfort station at Ninini Point will be located outside of the FEMA VE Zone, which has a range identified on the FIRM of 14 feet. Path improvements within the VE zone at Ahukini Landing will be limited to at-grade path segments, bollards and signage; no vertical structures are proposed within the VE. The proposed comfort station will be based on the latest Uniform Building Code building standards. The path and amenities will be designed to withstand flood occurrences as estimated by FEMA and in compliance with County Code requirements. 4 Has the project site or nearby shoreline areas experienced shoreline erosion? No Discussion: Due to the rocky character of the coastal bluff, the Ahukini Landing to Ninini Point segment is generally stable. The State Department of Transportation, Airports Division recently completed site restoration and slope stabilization work on a closed landfill located along approximately 600 lf of the coastline a mile south of Ahukini Point that had been gradually sloughing off debris into the ocean. A portion of path segment A crosses the restored area within the SMA. According to the Atlas of Natural Hazards in the Hawaiian Coastal Zone, published by the United States Geological Survey, the erosion hazard assessment is moderately low in the project corridor extending from Ahukini Landing to Nāwiliwili Harbor. A Kaua‘i Shoreline Change Map has not been prepared for this segment of the shoreline. 5 Have any seawalls/revetments/etc. been constructed or exist in the immediate vicinity? Yes Discussion: There are no seawalls/revetments/etc. within the immediate vicinity of segments A and G. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 39 e.Evaluation of impacts which cannot be avoided and mitigating measures proposed to minimize that impact. Discussion: Visual Impacts: The proposed shared-use path will not have an adverse impact on scenic resources or view planes and will not obstruct sight lines from surrounding areas to visual landmarks. The path will create new opportunities for the public to access and enjoy the open space of the coastline. many new scenic points to the surrounding area after development. Building materials and colors, lighting design, and landscape screening will be selected and designed to blend into the natural surroundings. Similarly, path surfaces will be colored to match the surrounding native soil, either through applied coloring or through natural staining from existing soils. Light Pollution: Permanent lighting will be added at the comfort station. Exterior lighting can disorient nocturnally flying seabirds, especially fledglings on their way to sea in the summer and fall. Mitigation to prevent impacts to seabirds include no lighting will be installed along the pathway between Ahukini Landing and Ninini Point. The proposed comfort station at Ninini Point will include full-cut off nighttime lighting. The COK will provide the USFWS with an opportunity to review the comfort station lighting design prior to final design and construction. Designed lighting will be kept to the minimum required for safety and security. Lighting will use low-intensity sources that emit long wavelength light (e.g. yellow or amber globes). Permanent light sources will be shielded and angled downward to eliminate glare that could disturb or disorient animals. Downward facing, shielded lights will be used for night work throughout the construction period. Nighttime work will cease during the seabird fledging season from October 1 through December 15. f.Evaluation of the proposed development relative to Section 4.0 of the SMA Rules and Regulations in accordance with the following aspects: 1.Substantial adverse environmental or ecological effects. Discussion: The proposed project is not anticipated to involve a substantial degradation of environmental quality. Planning and design for the project includes mitigation measures to prevent or minimize potential impacts. Potential environmental effects will be limited primarily during the construction phase. Once construction is complete, any environmental impact is nominal. The new development is not expected to result in any significant changes over pre-existing environmental conditions. Construction will be conducted in accordance with COK and State environmental rules and regulations concerning air, water, noise, and coastal, cultural, floral and faunal resources. No substantial adverse environmental or ecological effects will result from the project. 2.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: The project follows the objectives and policies set forth in Chapter 205A-2, HRS, and Special Management Area guidelines contained in HRS Section 205A-26. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 40 The following is an assessment of the project with respect to the objectives and policies as set forth in Chapter 205(A)-2, HRS: 1. Recreational resources. (A) Improve coordination and funding of coastal recreational planning and management; and (B) Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by: (i)Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas; (ii) Requiring replacement of coastal resources having significant recreational value including, but not limited to, surfing sites, fishponds, and sand beaches, when such resources will be unavoidably damaged by development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable; (iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value; (iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation; (v) Ensuring public recreational uses of COK, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources; (vi) Adopting water quality standards and regulating point and nonpoint sources of pollution to protect, and where feasible, restore the recreational value of coastal waters; (vii) Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and (viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of land and natural resources, and county authorities; and crediting such dedication against the requirements of section 46-6. Discussion: The project is federally funded and coordinated through County of Kaua‘i Department of Public Works for the purpose of improving recreational coastal access. The Nāwiliwili-Ahukini Shared-Use Path is part of the larger Ke Ala Hele Makālae pathway system that will link coastal recreational resources between Anahola and Nāwiliwili. The project will provide new pedestrian and bicycle access to the coastline between Ahukini and Ninini Point. Currently the Ahukini to Ninini Point coastline is used as a popular fishing area. Public access is provided by an unimproved dirt road that follows an existing twenty-foot-wide easement. Coastal access will be maintained for fishermen and other recreational users via this easement. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 41 The improvements along this segment will include a twelve-foot-wide concrete bike path with directional and interpretive signage. A comfort station is planned at Ninini Point, outside of the SMA. Interpretive signage will be placed along the project corridor educating users on the important natural and recreational resources throughout the coastal area and ways to aid in the cultural conservation and protection of those resources. Water quality will be protected during construction through the application of Best Management Practices in accordance with National Pollutant Discharge Elimination System (NPDES) permit regulations. Proposed improvements will not alter existing drainage patterns. 2. Historic resources: (A) Identify and analyze significant archaeological resources; (B) Maximize information retention through preservation of remains and artifacts or salvage operations; and (C) Support state goals for protection, restoration, interpretation, and display of historic resources. Discussion: An archaeological field inspection, archaeological inventory survey, architectural inventory survey, and cultural impact evaluation prepared for the project identify known historic properties, as well as areas along the path routes where the potential for encountering previously unknown cultural or historic properties is higher. The preferred path alignment is routed to avoid known archaeological and historic sites. The final alignment will be established during the design phase when ground topography will be used to precisely locate known historic properties and ensure they are avoided by the path. Proposed mitigation measures include avoidance, preservation in place, data recovery, and on-site and on-call archaeological monitoring during construction activities. Path improvements include installation of signs to communicate interpretive and regulatory information to path users concerning the history of the area, the presence of cultural and historic resources, and ongoing efforts to preserve and learn from the physical remains of our predecessors. 3. Scenic and open space resources: (A) Identify valued scenic resources in the coastal zone management area; (B)Ensure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; (C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and (D) Encourage those developments that are not coastal dependent to locate in inland areas. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 42 Discussion: The project conforms to the Coastal Zone Management Program Objective 3, Scenic and Open Space, which encourages the protection, preservation and where desirable, restoration or improvement of the quality of coastal scenic and open space resources. The Līhuʻe Community Plan designates the coastline between Ahukini and Ninini Point as a major scenic geographical feature. The Kaua‘i County General Plan has designated this area as open space/conservation. The project corridor will be designed to maintain visual quality and open space. The project path will be constructed at grade and will not obstruct the view of or from the coastline. No structures will be built along the coastline between Ahukini and Ninini Lighthouse in order to maintain open space and the visual resources of the area. The proposed comfort station at Ninini Point will be sited and designed to blend into the surrounding landscape. 4. Coastal ecosystems; (A) Exercise an overall conservation ethic, and practice stewardship in the protection, use, and development of marine and coastal resources; (B) Improve the technical basis for natural resource management; (C) Preserve valuable coastal ecosystems, including reefs, of significant biological or economic importance; (D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; (E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures. Discussion: The project is not part of a coastal ecological management program but will include interpretive signage to educate the public about significant habitats, threatened and endangered species, and preservation efforts. Project activities do not involve alterations to stream channels or other water bodies or water sources. During construction, best management practices will be employed in compliance with NPDES permit requirements to prevent pollutant discharge in storm water runoff. Discharge pollution prevention measures will be installed for each project action as required by project activities. Measures to prevent sediment discharge in storm water runoff during construction will be in place and functional before project activities begin and will be maintained throughout the construction period. Runoff and discharge pollution prevention measures will be incorporated into site-specific Best Management Practices (BMP) plan by the project contractor. 5. Economic uses; (A) Concentrate coastal dependent development in appropriate areas; County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 43 (B) Ensure that coastal dependent development such as harbors and ports, and coastal related development such as visitor industry facilities and energy generating facilities, are located, designed, and constructed to minimize adverse social, visual, and environmental impacts in the coastal zone management area; and (C) Direct the location and expansion of coastal dependent developments to areas presently designated and used for such developments and permit reasonable long-term growth at such areas, and permit coastal dependent development outside of presently designated areas when: (i) Use of presently designated locations is not feasible; (ii) Adverse environmental effects are minimized; and (iii) The development is important to the State's economy. Discussion: There are no Hawai‘i Visitors Bureau (HVB) designated tourist destinations located in the coastal areas of the project. However, additional areas within the coastal zone that are promoted by the HVB as tourist destinations include: Ahukini Landing, Kalapakī Beach and the Kaua‘i Marriott Resort and Timbers Resorts’ Hōkūala Golf Course. The project would provide bicycle access linking visitors at the Kaua‘i Marriott and Timbers Resort and visitors arriving at Līhu‘e International Airport to Līhuʻe town center and Ahukini Landing. The project will also provide connection to the Ke Ala Hele Makālae shared-use path system with access to the coastal towns of Kapa‘a, Wailua, Waipouli, Keālia, and Anahola. Bike paths also have the potential to provide economic stimulus where they provide linkage between commercial districts, as part of a recreational and multimodal commuter system. In addition bike paths may attract a growing number of eco-tourists looking for more activity and nature-oriented vacations. The project has been assessed for social, visual, and environmental impacts in accordance with Chapter 343, Hawai‘i Revised Statutes. With the implementation of mitigation measures outlined in the Environmental Assessment, no adverse impacts are expected to result from this project. 6. Coastal hazards; (A) Develop and communicate adequate information about storm wave, tsunami, flood, erosion, subsidence, and point and nonpoint source pollution hazards; (B) Control development in areas subject to storm wave, tsunami, flood, erosion, hurricane, wind, subsidence, and point and nonpoint source pollution hazards; (C) Ensure that developments comply with requirements of the Federal Flood Insurance Program; and (D) Prevent coastal flooding from inland projects. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 44 Discussion: Long-term impacts due to coastal erosion will be minimized by the initial design of the path. Grading and excavations required for construction of the path and related amenities will be designed to minimize the amount of cut and fill required. The path alignment was selected to take advantage of natural grades in order to meet ADA accessibility standards for slopes with a minimal amount of ground disturbance and related costs. Erosion control measures will be employed during construction. Following project completion, permanent soil stabilization will be achieved through landscaping with various plant materials and ground covers. In addition, the path will be constructed of concrete or other durable all-weather surface to minimize potential for erosion. Natural hazards endemic to all of Hawai‘i, including Kaua‘i, involves tsunami action. There have been four episodes since 1946. These occurrences happened in 1946, 1957, 1960 and 1964 respectively. The run-up heights vary from 1 foot to 14 feet. Strong trade wind events are responsible for the majority of large wave action along the eastern coast of Kaua‘i. Passing hurricanes have generated the highest wave heights along the east facing shores and may coincide with a high tide and typically generate a strong storm surge. The wave action generated by hurricanes ‘Iwa (1982) and ‘Iniki (1992) varied from 10-20 feet. The Hawaiian Islands are seasonally affected by Pacific hurricanes from the late summer to early winter months. The island of Kaua‘i has been affected twice since 1982 by devastating hurricanes, ‘Iwa in 1982 and ‘Iniki in 1992. It is difficult to predict these natural occurrences, but it is reasonable to assume that future events will occur. The project site is, however, no more or less vulnerable than the rest of the island to the destructive winds and torrential rains associated with hurricanes. The project is not expected to exacerbate flooding or effect flood zone areas, as identified by Federal Emergency Management Agency Flood Insurance Rate Maps. The path will be designed outside of the flood zone when possible. The path and amenities will be designed to withstand flood occurrences as estimated by FEMA and in compliance with County Code requirements. 7. Managing Development; (A) Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development; (B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and (C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 45 Discussion: The project corridor lies within the State Land Use category of Urban, Agricultural, and Conservation. Land uses within the Urban and Agricultural designations are subject to regulation by the COK. Land uses with in the Conservation district are subject to regulation by the Department of Land and Natural Resources (DLNR). A Conservation District Use Application will be submitted to DLNR for path facilities within the Conservation District. All work activities will be conducted in compliance with Federal, State, and COK rules and regulations. 8. Public participation; (A) Promote public involvement in coastal zone management processes; (B) Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and (C) Organize workshops, policy dialogues, and site-specific mediations to respond to coastal issues and conflicts. Discussion: The project has been developed through a public outreach process that includes three public informational meetings to develop the preferred path alignment and amenities. Two of the three meetings have been conducted and were broadcast on the Kaua‘i public access television station, Ho‘o‘ike. The third meeting will be held during the permitting process. A public hearing before the Planning Commission will be conducted as part of the SMA permit approval process. Additionally, public notice of the proposed action is provided through publication of the draft and final environmental assessment, Shoreline Certification Application, and SMA permit application in the Office of Environmental Quality Control (OEQC) Bulletin. As part of the environmental review process, the public had an opportunity to review and comment on the project during the 30-day public review period for the Draft Environmental Assessment. In addition, two public outreach meetings were conducted as part of the NHPA Section 106 consultation process to identify historic and cultural resources and practices. 9. Beach protection; (A) Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion; (B) Prohibit construction of private erosion-protection structures seaward of the shoreline, except when they result in improved aesthetic and engineering solutions to erosion at the sites and do not interfere with existing recreational and waterline activities; and (C) Minimize the construction of public erosion-protection structures seaward of the shoreline. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 46 Discussion: Within the SMA, all project improvements will be constructed mauka of the 60- foot shoreline setback line and aligned to take advantage of existing topographic conditions that will minimize grading, as well as scenic views of the coastal area. All segments of the proposed path will be constructed of concrete and colored to match the native soil and blend into the natural setting. The concrete path will be constructed with saw-cuts spaced every 3 feet so that individual panels can be relocated in the future if necessary. Vegetative groundcover will be planted along each side of the path to stabilize soils, reduce stormwater runoff velocity and capture sediment. The path alignment will be designed to minimize the amount of grading and cut and fill required. The path surface will be designed with cross- slopes to direct runoff as sheet flow to the sides of the path rather than concentrating flows down the middle. No segment of the path will encroach into areas where it will interrupt shoreline processes. A description of the proposed path improvements is provided above in Part B.1. The path alignment in relation to the shoreline setback is shown in Exhibit 8. At drainage crossing #3, which is located within the SMA, a new pre-fabricated bridge structure is proposed at drainage crossing #3 (see Exhibit 8). The bridge improvements will require construction of concrete bridge abutments to support the pre-fabricated span. Ground surface disturbed by excavation and project activities will be stabilized with vegetative ground cover. All work on the pre- fabricated bridge will be located mauka of the shoreline setback. At drainage crossing #4, which is located within the SMA and SLU Conservation District, proposed modifications to widen the existing culvert crossing will be conducted on the mauka side of the existing dirt road. Required work activities include grading and construction of either (i) a sloped embankment or (ii) a new retaining wall approximately 100 feet in length and 5 to 8 feet in height along the mauka side of the existing road to widen support the path and road corridor widening, extension of the existing box culvert inlet to the face of the new embankment or retaining wall, and placement of fill material to create a flat surface to support the realignment of the existing road in the mauka direction and construction of an 8- to 12-foot wide concrete shared-use path along the makai side of the realigned dirt road. No improvements will be undertaken makai of the existing dirt road alignment. Ground surface disturbed by excavation and project activities will be stabilized with vegetative ground cover. These culvert modifications will not interfere with existing recreational and waterline activities, but will enhance public access to shoreline areas for recreation and enjoyment. In addition, one new comfort station is proposed at Ninini Point outside of the SMA and shoreline setback. The comfort station building will be sited away from the shoreline and situated to conserve open space. Project improvements along the coastline will be limited to the path and drainage crossing structures described above, as well as limited signage for public safety, information and education. All features will be designed to avoid interference with natural processes and to withstand natural hazards, including erosional forces. Planned improvements will have a minimal impact on the environment. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 47 10.Marine resources; (A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial; (B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency; (C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone; (D) Promote research, study, and understanding of ocean processes, marine life, and other ocean resources in order to acquire and inventory information necessary to understand how ocean development activities relate to and impact upon ocean and coastal resources; and (E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources Discussion: All work activities will be conducted in compliance with Federal, State, and COK environmental rules and regulations. The project will not otherwise impact marine resources and does not involve research, or technological development related to the coastal and marine environments. Mitigation measures proposed for the protection of coastal fauna, particularly sea birds, sea turtles, and the protected Hawaiian monk seal, have been developed in consultation with the USFWS, NMFS, and DOFAW. See Exhibits Volume II, Exhibit 18, HRS 343 FEA, Appendix B, Federal Consultation Correspondence. 3.Consistency or compliance of the proposed development relative to the County General Plan, Development Plan, and Zoning Ordinances. The proposed project will be developed in conformance with the Kaua‘i General Plan’s Vision and Goals (Section 1.3), Policies (Section 1.4), and Land Transportation Policies and Actions (Section 3). Kaua‘i General Plan, Section 1.3, Vision and Goals The project is aligned with the Kaua‘i General Plan, Section 1.3 Vision and Goals: A Sustainable Island – Growing responsibly to meet the needs of current and future generations without depleting resources. •Kaua‘i is a sustainable island, rooted in principles of aloha and mālama ‘āina, and remarkable in its thriving ecosystems. •Kaua‘i is a place where conservation and restoration of land and water resources provide the foundation of sustainable policies for land use, energy, infrastructure, society, and economy. Discussion: The coastal shared-use path meets the needs of current and future generations by supporting a multimodal transportation system that accommodates alternatives to County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 48 internal combustion automobiles that rely on non-renewable energy resources. The path system will engender greater understanding and appreciation of Kaua‘i’s remarkable ecosystems by connecting path users directly with the windward side’s coastal environments and conditions. The path will include interpretive and educational signage to educate the public about the coastal ecosystems and about natural and cultural resource conservation and preservation efforts that perpetuate the spirit of aloha and mālama ‘āina. A Healthy and Resilient People – Increasing health, vitality, and resilience of communities through improving the natural, built, and social environment and responding to impacts from climate change. •Kaua‘i is a place with healthy people and vibrant community life, safe facilities for walking and biking, places to gather and socialize, and venues for arts and culture. •Kaua‘i is a resilient community that shares kuleana in planning for the future, proactively responding to and preparing for changes, and providing for the needs of people from keiki to kūpuna. •Kaua‘i is a place that supports agriculture and a diversity of farming practices and produces food and other products that contribute to Kaua‘i’s self- sufficiency. Development of the shared-use path directly supports the vision of increasing the health, vitality and resiliency of Kaua‘i’s communities by improving the built and social environment. The shared-use path will create a safe and pleasant pedestrian and bicycle facility that will connect people to the island’s coastline and residential, commercial and employment centers, and will support and encourage more physically active lifestyles by making these destinations accessible by foot and bicycle. The shared-use path system, where it is already in use, has become a common location for island residents to gather, socialize and connect with each other. Physically active lifestyles and social connection are key pillars of a healthy community. The shared-use path will contribute to Kaua‘i’s resiliency by supporting a multimodal transportation system that reduces the islands’ reliance on non- renewable energy now and into the future. In addition to improving quality of life by providing additional and healthier transportation options for residents to choose from, multimodal transportation systems create diverse and redundant transportation alternatives that can minimize disruptions in the event of non- renewable energy shortages or in the wake of natural or human-made disasters, all of which contribute to greater island resiliency. In addition, the shared-use path will be designed to be resilient against the projected effects of climate change, including increased intensity of storm events and related erosional forces from stormwater runoff and wave energy. Path facilities will be constructed outside of a 60-foot setback from the shoreline and topographically elevated. The Path alignment and design will preserve existing drainage patterns as much as possible and will be profiled to prevent concentration of runoff flows that could contribute to erosion. Path shoulders will be stabilized with vegetative groundcover to hold the soil and slow stormwater runoff velocity. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 49 The proposed path will not directly support agricultural resources or farming practices. Much of the coastal path alignment passes through lands zoned for agriculture, but that are currently unused. The path improvements will occupy a small portion of these lands, but will not prevent the use of these lands for agriculture. Interpretive programming along the path corridor could be used to educate the public about agriculture and farming practices and their importance to island resiliency, self-sufficiency and food security. A Unique and Beautiful Place – Stewardship and protection of the natural, cultural, social, and built environment assets that are of value to the community. •Kaua‘i is a place of distinctive natural beauty that honors its Native Hawaiian heritage, values historic places, and is shaped by diverse languages and cultural traditions. •Kaua‘i is an island of unique communities that are united in a common vision and in care for their neighbors and ‘ohana •Kaua‘i is a place where rural character and natural landscapes are preserved through compact, walkable communities separated by scenic and functional open spaces. •Kaua‘i is a place that welcomes visitors, providing adequate facilities and a variety of cultural and recreational opportunities while maintaining the principles of aloha and mālama ‘āina. Discussion: The shared-use path was conceived, in part, as a means of preserving public access to coastal areas ahead of development pressures following the cessation of large-scale sugar operations on coastal agricultural lands on Kaua‘i. This was in recognition of the importance to Kaua‘i’s residents of natural coastal areas and the myriad resources and activities that occur there. Planning and development of the Ke Ala Hele Makālae coastal path system, including the subject project, has been guided by an ethic of stewardship and protection of the natural, cultural, social and built environment. The path alignment, design and development conditions were created through consultation with the public and the Kānaka Maoli community. The resulting mitigation commitments by the County of Kaua‘i and its federal and state funding partners, include: avoidance of sensitive cultural and historic sites located along the path corridor; public education about Native Hawai‘i culture and heritage, Kaua‘i island’s history, and natural resources through interpretive programs and signage; and context sensitive design of path features to blend in and minimize visual impacts in the open, natural landscape along the coast. The proposed project will complete a key connection in the overall Ke Ala Hele Makālae shared-use path system by linking the Lydgate to Ahukini path segment with Līhu‘e Town and the Līhu‘e International Airport. In doing so, it will unite the windward communities with the commercial services, employment centers, and interisland and international transportation hubs in Kaua‘i’s urban center, and likewise connect Līhu‘e’s residents to the windward communities through a functional, enjoyable and healthy alternative transportation and recreation facility. With similar benefit, the proposed shared-use path will create new opportunities for visitors to Kaua‘i to experience the island’s culture, history and natural beauty County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 50 while doing so with a reduced carbon footprint that is consistent with the principles of aloha and mālama ‘āina. An Equitable Place with Opportunity for All – Fostering diverse and equitable communities with vibrant economies, access to jobs and housing, and a high quality of life. •Kaua‘i is an island of economic opportunity where businesses, cottage industries, and entrepreneurs thrive, and where youth have broad access to education, enrichment, and economic opportunity. •Kaua‘i is a place where housing for all ages and income levels is integrated into the fabric of each community, and where people can live close to work and services. Discussion: The proposed path segment, as an integral part of the overall Ke Ala Hele Makālae shared-use path system, will create new economic opportunities by incentivizing Kaua‘i’s businesses, cottage industries and entrepreneurs to identify new ways to provide goods and services to path users. The path will also open new opportunities to service visitors to Kaua‘i through bicycle rentals and walking and bicycle tours using the path system. Although the path segment that is the subject of this SMA permit application does not pass through urbanized or commercial areas, the overall path system within which it is a key connecting segment will create additional local and regional economic opportunities by generating patronage and commerce at businesses located along other segments of the path and at destinations made accessible by the Nāwiliwili to Ahukini segment. In a small, but significant way, the shared-use path system, including the subject project, fosters equitable communities by supporting multimodal transportation and reduced dependence on automobiles for access to jobs and housing; in particular, it does so by making less costly modes of transportation, namely walking, bicycling and the use of other non-internal-combustion mobility devices, a safe and viable option for people across a greater range of ages, physical abilities and economic levels. General Plan, Section 1.4, Policies the Guide Growth The proposed project is aligned with the following specific General Plan policies 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.” Discussion: The proposed project will complete a key connection between other path segments along windward Kaua‘i and the Līhu‘e town core and Līhu‘e International Airport. The shared-used path system will provide connectivity and safe routes to walk or bike between residential areas, job centers, public services, transportation, transit facilities and recreational areas. By accommodating alternative modes of County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 51 transportation that rely on physical activity, the path will also promote public health and wellbeing. Policy #5: Make Strategic Infrastructure Investments “New government investment should support growth areas and include priority projects as identified in Community Plans. Funding at all levels of government (Local, State, and Federal) is becoming increasingly limited. Just like a family on a budget, government must live within its means. With this in mind, difficult decisions must be made as to how limited funds are spent. Infrastructure needs include parks, water, wastewater, solid waste, and transportation. Recognizing reduced funding, we must direct infrastructure investment as a means to direct growth to the areas most suitable for development. With economics as a key aspect of sustainability, establishing infrastructure investment priorities in alignment with our vision is essential.” Discussion The proposed path project represents a strategic, value-based investment in an infrastructure project that aligns with and supports the following aspects of the Kaua‘i General Plan and the Līhu‘e Community Plan vision: •Create a balanced, multi-modal transportation system that improves local and regional connectivity; •Create economic opportunities and equitable communities; •Improve island resiliency; •Preserve coastal environments and historic and cultural resources; and •Encourage active lifestyles and improve public health. Moreover, the project is part of the Ke Ala Hele Makālae coastal path system, which is identified and recommended for completion in the Kaua‘i General Plan. Due to the comprehensive and integrated array of benefits across multiple scales (individual, local and regional) and jurisdictions, the overall Ke Ala Hele Makālae project has consistently merited state and federal funding to leverage and augment the County’s infrastructure investments. 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.” Discussion The proposed shared-use path will help reduce the cost of living for Kaua‘i’s windward communities by providing an alternative and more affordable mode of transportation that connects these communities to urban and suburban centers of employment, commerce, education, essential services and major transportation hubs, as well as to families and friends. The option to walk, bicycle or use other non-motorized devices (e.g., skateboards), offers a much more affordable mode of transportation compared to the cost of owning and operating an automobile and can help reduce transportation costs to Kaua‘i’s households. Policy #7: Build a Balanced Multimodal Transportation System “Reduce congestion conditions through strategic infrastructure improvements and increase multimodal transportation options.” County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 52 Discussion: Improving traffic circulation and reducing congestion are identified as goals in the General Plan. This project directly addresses these General Plan policy and goals by creating infrastructure that supports alternatives to the automobile within a multimodal transportation system. The project will provide safe, non-motorized vehicle facilities for pedestrians and cyclists to access residential areas, employment and service centers, recreation areas, and natural coastal areas. The path facility will help relieve congestion on public roadways by supporting peoples’ choice to use alternative vehicle modes instead of internal combustion automobiles for commuting, socializing and recreating at a local and regional level. This project directly addresses the General Plan recommendation for transportation system improvements along the Ke Ala Hele Makālae path to Līhu‘e. Policy #8: Protect Kaua‘i’s Scenic Beauty “Protect the island’s natural beauty by preserving the open space and views between towns.” Discussion: The coastline between Ahukini Landing and Ninini Point is designated as a conservation area in the General Plan. The proposed project will be designed to maintain visual quality and open space. The project path will be constructed at- grade and will not obstruct the view of or from the coastline. No structures will be built along the coastline between Ahukini and Ninini Point in order to maintain the open space character of the area and avoid affecting views and visual resources. The proposed comfort station at Ninini Point will be sited and designed to blend into the surrounding landscape to minimize its visual presence in the landscape. Policy #14: Prepare for Climate Change “Prepare for impacts to the island economy, food systems, and infrastructure that will be caused by climate change.” Discussion: The path alignment is designed to follow existing, natural land contours as much as possible in order to minimize grading and avoid disrupting existing drainage patterns and impounding or concentrating stormwater runoff flows. The proposed project will use vegetative ground cover to permanently stabilize soils, reduce stormwater runoff velocities and minimize the potential for erosion. In addition, the path will be constructed of concrete and/or other durable all-weather surface for resiliency to withstand the effects of major storm events, which are projected to decrease in frequency, but increase in intensity with climate change. All project improvements shall be constructed more than 60 feet from the certified shoreline. All proposed path segments within the 100-foot shoreline setback will be constructed of concrete with saw-cuts at 3-foot intervals, in compliance with the County of Kaua‘i requirements. The subject path segment will connect communities along windward Kaua‘i with Kaua‘i’s urban center in Līhu‘e and with Līhu‘e International Airport. In doing so, it will contribute to the creation of a multimodal transportation system that will strengthen transportation infrastructure redundancy and resiliency to better County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 53 withstand potential impacts from climate change, including flood and wind damage from stronger storm events, and more volatile markets and shortages in non- renewable energy. 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.” Discussion: The project applicant has conducted consultations as part of the NHPA, Section 106 process with kūpuna from the project area who have knowledge of traditional cultural practices and resources, and has conducted background studies, including an archaeological inventory survey, cultural impact assessment, and Ka Pa’akai Analysis, to identify public trust resources and cultural sites and uses, and to develop appropriate mitigation measures as necessary. All known cultural and historical resources within the proposed path vicinity will be avoided and left undisturbed by routing the path alignment away from them and, in some cases, establishing protective buffers. In addition, the proposed project will develop educational programming and install interpretive signage along the project corridor to educate users about cultural resources and practices, and history within the project area, as well as ways to aid in the conservation, protection and perpetuation of those resources. See Exhibits 14 through 17 for additional information and project documentation on this subject. Policy #16: Protect Access to Kaua‘i’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.” Discussion: The Ke Ala Hele Makālae coastal path system was conceived as a means of preserving public access to shoreline areas following the closure of large-scale sugar cultivation in agricultural lands along Kaua‘i’s coastline. Community and government leaders recognized the potential transformation of these lands by private development and have diligently worked to protect access to and customary use of shoreline areas by the public by developing the coastal, shared- use path system. The subject project is a key segment of this system. In addition to connecting East Kaua‘i communities to Līhu‘e Town, the path will preserve access to the undeveloped coastal areas between Ahukini Landing and Ninini Point. These areas are customarily used for fishing, gathering and recreational activities. The proposed path improvements will ensure that existing access to favored fishing sites along this stretch of coastline is not hindered. Planned improvements include five crossings for motor vehicles, protected by bollards, to allow vehicular access to preferred fishing sites that were identified by the fishing community during the project planning and Environmental Assessment phase. In addition, the path is designed so as not to obstruct or prevent pedestrian or bicycle access to other fishing or recreational sites along the shoreline, nor will it direct attention to those sites. The project will include interpretative and informational signage with content regarding conservation efforts, regulatory restrictions, safety, and wayfinding where appropriate. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 54 General Plan Section 3, Sector III, Land Transportation The proposed project supports the General Plan recommendation for the development of a “balanced” multimodal transportation system that links roadway networks, bicycle facilities, pedestrian facilities and transit with land use decisions. The shared-use path is a key part of the envisioned multimodal system and directly addresses the General Plan goals for a transportation system that accommodates a broader range of roadway users (by age, economic level and physical ability) while reducing congestion and supporting sustainability goals of reducing single occupancy vehicle (SOV) trips and increasing walking and bicycling as viable transportation modes. The proposed project is recommended as one of the actions under General Plan, Land Transportation, Action 5, Bicycle Program, Project 2: “Complete the Ke Ala Hele Makālae path from Anahola to Līhuʻe”. Līhu‘e Community Plan The proposed project supports the Līhu‘e Community Plan (LCP) vision, policy objectives and goals for Connectivity (Section 2.4.3) by improving transportation connections within and between communities for a broad range of users, and Multimodal Transportation (Section 2.4.6) by developing transportation infrastructure that encourages and supports the choice to walk or bike as a viable alternative mode of transportation to SOV automobiles. The project is consistent with the following LCP Policies and Guidelines: Section 5.3 – Heritage Resources Heritage resources include important landforms that have ecological, recreational, cultural and scenic value. LCP policies call for preservation of these resources: •Encourage development around the natural constraints of topography (e.g., gulches, steep slopes). •Preserve viewsheds and scenic qualities of features including views of Hā‘upu Ridge, Kālepa Ridge, and Kilohana Crater. •Preserve important archaeological sites and historic sites within the Līhu‘e District as identified in Chapter 3 and on the Heritage Resources Map in the General Plan. Discussion: The proposed path is aligned and will be designed to follow the existing topography as much as possible in order to minimize ground disturbance, preserve existing land forms and drainage patterns, and minimize visual presence within the coastal landscape. The project does not include vertical structures or features within the SMA, with the exception of limited signage used for public information, education and interpretation of coastal ecology, history and cultural sites and practices. The project will preserve archaeological and historic sites through avoidance and through interpretive signage developed in County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 55 consultation with the Kaua‘i Historic Preservation Review Commission and Kānaka Maoli community. Section 5.4 – Transportation The LCP references the Kaua‘i Multimodal Land Transportation Plan (MLTP) as the basis for land transportation goals and policies and project recommendations. Goals include: •Provide connectivity between settlement areas through a multimodal approach •Increase vehicle miles traveled (VMT) by other than the automobile; •Retain VMT by automobiles at 2010 levels; Discussion: The proposed project is a key link in the Ke Ala Hele Makālae system that will connect East Kaua‘i settlement areas and Līhu‘e Town through a multi-modal shared-used path network. The path will encourage and support the increased use of bicycles and walking as safe and viable alternatives to the automobile for local and regional trips. In this way, the project will help increase VMT by other than automobiles and help reduce overall VMT by automobiles. The LCP identifies the following programs for bicycle and pedestrian facilities. Town Connector Trails •Connect Puhi-Līhu‘e-Hanamā‘ulu •Use separated paths where feasible Town and Village Bicycle Lanes •Give priority to bicycle facilities within “Safe Routes to School” and transit corridors •Connect local destinations •Provide access to separated paths •Give low priority to low-speed, low volume local streets Coastal Trails and Other Multiuse Trails •Connect recreational and outdoor destinations to housing and lodging areas •Support longer distance commuting •Give visitors an alternative to driving Discussion: The proposed project includes development of a separated shared-use path system where feasible, specifically in the undeveloped lands between Ahukini Landing and Ninini Point. Where a separated path is not feasible, the project proposes uses striping and signage to designate existing roads as shared-use roadways. The proposed path segments that are part of the subject project will complete a key connection of the Ke Ala Hele Makālae path system that will connect Līhu‘e to other settlements along East Kauai, including Hanamā‘ulu, via the coastal path system. The system will improve bicycle and pedestrian access to recreational County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 56 and outdoor destinations, as well as to housing areas, employment and commercial centers and other essential civic service centers. The subject project will offer visitors access to coastal areas between Ahukini and Ninini Point without the need to use an automobile, and, as part of the Ke Ala Hele Makālae system, will make the windward settlements of Kaua‘i, from Līhu‘e to Anahola, accessible to visitors by bicycle and foot. The proposed project is identified in LCP Figure 5-7 as part of the coastal trail system within the proposed bicycle facilities network that is envisioned to provide regional connectivity to East Kaua‘i for bicycle commuters, recreational cyclists, and cyclists of all ages. Section 5.9 – Climate Change The LCP guidance related to Climate Change is based on the Sea Grant College Center for Island Climate Change Adaptation Policy (ICAP), which recommends planning for a one-foot rise in sea level by 2050 and a three-foot rise by 2100. The LCP recommends that structures and facilities in the Nāwiliwili area be eventually moved in a more mauka direction and that there either be no new facilities or that any built be designed for up to six feet rise in sea level. Specific LCP Climate Change Policies that are relevant to the subject project include the following: •Reduce the sensitivity to climate change and alter exposures and increase resilience to cope with change •Avoid or minimize coastal resource impacts when addressing risks to new or existing development. •Require development proposals to include analysis of coastal hazard impacts and include mitigation measures where applicable. •Consider multiple scenarios of sea level rise and associated flooding, wave inundation, and erosion impacts when developing and approving Capital Improvement Projects. •Take into consideration the impacts of climate change (higher temperatures, sea level rise, extremes in rainfall as floods or drought, and potential increases in tropical storm frequency or severity) in land use, development, and planning Discussion: The proposed project is consistent with LCP policies for climate change adaptation. The shared-use path system will increase Kaua‘i’s resilience to climate change by contributing to the development of a multimodal transportation system. Multimodal transportation networks provide system redundancy and accommodate alternative transportation modes that support adaptation strategies in the event that roadway infrastructure, gas imports or the energy market generally are impacted by climate-related events and trends. The proposed path alignment and improvements are designed to minimize coastal resource impacts and impacts to the path infrastructure. The proposed path alignment is located entirely outside of the 60-foot shoreline setback. The proposed path ranges in elevation from approximately 17 feet to 50 feet above mean sea level (msl). The proposed path improvements are located atop a rocky coastal bluff above a shoreline that is almost exclusively bedrock and/or rocky County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 57 intertidal shore and therefore is at low risk for shoreline erosion. Two of the proposed drainage crossings (drainage crossings #1 and #2) will use existing culvert crossings located more than 300 feet from the shoreline at an elevation greater than 45 feet above msl. The proposed new pre-fabricated bridge structure across drainage crossing #3 will be located approximately 150 feet from the shoreline at an elevation of approximately 60 feet above msl. Drainage crossing #4 will involve extending an existing culvert crossing on the mauka side away from the shoreline. Drainage crossing #4 is located approximately 60 feet from the shoreline at an elevation of approximately 28 feet above msl. The path will be constructed of concrete with saw-cuts every 3 feet, consistent with County practices. The alignment will be designed as much as possible to follow existing topography in order to minimize changes to existing drainage patterns and land forms, and to reduce impacts to coastal resources generally. Path improvements along the coast will be limited to the at-grade concrete path and signage, with the exception of a comfort station proposed outside of the SMA at Ninini Point and protective fencing between the path and shearwater sea bird nesting areas inland from Ninini Point. These planning and design considerations and mitigation measures were identified based on an assessment of coastal hazard impacts in the project corridor, including shoreline change analysis conducted by Jim O’Connel, University of Hawai‘i (UH) Sea Grant, which included consultation with Dr. Chip Fletcher, head of the UH Coastal Geology Group. Kaua‘i Multimodal Land Transportation Plan (MLTP) The project directly supports the objectives of the MLTP, which provides the framework for land transportation system recommendations in both the Kaua‘i General Plan and the Līhu‘e Community Plan. The MLTP outlines steps the County of Kauaʻi will take to achieve a balanced multimodal transportation system through the planning horizon year of 2035. The MLTP proposes programs for bicycle and pedestrian facilities as part of a multimodal system, including completion of the shared-use coastal path system of which the subject project is a part. MLTP polices relevant to the subject project include: 1. A balanced, multimodal transportation system that provides choice, flexibility and resiliency in personal access and circulation for all. 2. A transportation system that supports economic vitality and provides affordable access to jobs and economic opportunity. 3. A transportation system that supports and enhances public health. 4. A transportation system planned and designed to protect and enhance the island’s natural landscapes and environmental quality. 5. A transportation system that makes efficient use of energy and is less dependent on imported petroleum. 6. A transportation system that will be maintained in a state of good repair. 7. A transportation system that protects and enhances the cultural values of Kaua‘i, the rural character of the island and a high quality of life. Discussion: The proposed project supports the MLTP policies and objectives for development of a balanced, multimodal transportation system. See the detailed discussion County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for Zoning Use Permit Class 4, SMA Permit and SSV Determination September 2022 Supplemental Information - 58 above regarding consistency with Kaua‘i General Plan and Līhu‘e Community Plan visions, goals and policies that are based on the MLTP. County of Kaua‘i Zoning Ordinances The project will also be developed in conformance with the COK Zoning Ordinances. The proposed pathway is a permitted use in all COK land use zones including the Tsunami District, Shore District, Special Treatment District-Public, and Special Treatment District Flood. As described above in Part B, Project Description, all structures, while limited in scope and impact will be subject to additional construction and development standards in the Kaua‘i County Code, as required. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Section VI Volume I Exhibits: Exhibit 1 Project Location Map Exhibit 2 State Land Use Districts Exhibit 3 County of Kaua‘i Zoning Exhibit 4 Preferred Alignments Cost Estimate Exhibit 5 Site Photos Exhibit 6 Special Management Area Map Exhibit 7 Shoreline Survey Exhibit 8 General Site Plan Exhibit 9 New Bridge and Culvert Drainage Crossing Exhibit 10 State Historic Sites Figure and No Adverse Effect Table Exhibit 11 Wetland Map Exhibit 12 FEMA/FIRM Map Exhibit 13 HRS 343 Finding of No Significant Impact Exhibit 14 HRS 6E Historic Preservation Compliance Exhibit 15 Archaeological Inventory Survey Documents Exhibit 16 Ka Pa’akai Analysis Exhibit 17 NHPA 106 and 6E Consultation and Correspondence County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 1 Project Location Map ")kjSource: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Project Location Map °R.M. Towill Corporation Nāwiliwili - Ahukini Shared-Use Path Phase A County of Kaua‘i Lïhu‘e, Kaua‘i, Hawai‘i Ahukini Landing Ninini Point Ninini Point Street Kaua'i Lagoons Golf Club Ahukini Road Līhuʻe Airport A G H H C D Kapule H i g h w a y Nāwiliwili Bay Kaua‘i Marriott Resort and Beach Club 0 1,800900 Feet 1 in = 1,800 feet Vidinha Stadium Ahukini Recreational Pier State Park Legend Segments B and D By Others Segments A,C,G, and H By County of Kaua'i kj Comfort Station ")Bike Depot Tax Map Key GIS Tax Map Key Layer Source: Hawaii Statewide GIS Program. County of Kauai, 2014. Pacific Ocean Kauai Project Vicinity B Līhuʻe Hanamāʻulu (4)35001:004 (4)35001:005 (4)35001:008 (4) 3 5 0 0 1 : 0 0 9 (4)35001:092(4)35001:102 (4)35001:128 (4 ) 3 5 0 0 1 : 1 5 8 (4)35001:159 (4)35001:160 (4)37002:001 (4)35001:006 (4)35001:168 (4)35001:027 (4)35001:008 County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 2 State Land Use Districts State Land Use Districts Nawiliwili -Ahukini Shared-Use Path Phase A County of Kaua'i Uhu'e, Kaua'i, Hawai'i {_.l!_, R.M. TOWIU.COIU'ORATION 0 0 900 1,800 Feet 1 in = 1,800 feet Pacific Ocean Uhu'e Airport Segments B and D By Others Segments A,C,G, and H By County of Kaua'i � Comfort Station D Bike Depot State Land Use Districts c=J A -c-u GIS State Land Use Districts Layer Source: Hawaii Statewide GIS Pro ram. Coun of Kauai, Au ust, 2018. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 3 County of Kaua‘i Zoning Districts Uhu'e Airport Segments B ZONING -O/ST-P and D By -A -R-1/ST-POthers (=:JC-G c=J R-10Segments -C-G/ST-P -R-2A,C,G, and H County of Kaua'i Zoning Pacific Ocean By County of -C-N CJ R-20 Nawiliwili -Ahukini Shared-Use Path Kaua'i CJ CON CJ R-4Phase A � Comfort Station -I-G -R-4/ST-PCounty of Kaua'i Bike Depot -I-G/ST-P CJ R-6Uhu'e, Kaua'i, Hawai'i CJ I-L CJ R-8{..!!., R.M. TOWILlCOIU'ORATION r=J NOZONING CJ RR-1000 900 1,800 Feet CJ 0 CJ RR-20 -0/ST-C 1 in = 1,800 feet G/S County of Kaua'i Zoning Layer Source: Hawaii Statewide GIS Pro ram. Coun of Kauai, Au ust 2018. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 4 Preferred Alignments Cost Estimate Nāwiliwili - Ahukini Shared Use Path Project Phase A - Ahukini Landing to Ninini Point with Connections to Kapule Highway Development Valuation Summary Development Costs 1 Nāwiliwili-Ahukini Shared-Use Path - Phase A Segments In SMA Outside SMA Total Segment A - Coastal Path from Ahukini Landing to Ninini Point to Ninini Point Street $6,025,406 $8,552,327 $14,577,734 Segment A1 - Ninini Point Path and Comfort Station $0 $1,908,506 $1,908,506 Segment B - Coastal Path - Ninini Point to Kalapakī Beach By Others $0 Segment C - Shared-Use Road - Nini Point Street from Ninini Point to Kapule Highway $0 $433,136 $433,136 Segment D - Kapule Highway / Ninini Point Street Intersection to Kaua‘i Marriott (Limo Road)By Others $0 Segment G - Shared-Use Road - Ahukini Landing to Līhu‘e Airport $83,602 $390,141 $473,743 Segment H - Shared-Use Path Bike Depot - Līhu‘e Airport to Kapule Highway $0 $1,441,531 $1,441,531 $6,109,008 $12,725,640 $18,834,648 February 18, 2022 2.354 Quantity Unit Description Unit Price Total Escalated Total CORRIDOR I - AHUKINI LANDING TO NAWILIWILI BEACH PARK SEGMENT A - AHUKINI LANDING TO NININI POINT Base - Comfort Station at Ninini Point Lighthouse 2,300 SF Asphalt concrete parking lot. 4" thick A.C. pavement and 6" thick base course layer $15 $34,500 $81,213 4,200 SF 12' Wide concrete shared use path (350 LF) out of SMA $15 $63,000 $148,302 LS LS Temporary erosion control L.S.$5,000 $11,770 LS LS 2-1/2" Meter and box L.S. $102,500 $241,285 LS LS Comfort Station. (Including drinking fountain, sink, hose bibb, and compost outhouse) L.S. $500,000 $1,177,000 Subtotal $705,000 $1,659,570 Contingency (15%) $105,750 $248,936 TOTAL $810,750 $1,908,506 Alternate A1 - Closest to Shore Line LS LS Clearing and grubbing L.S. $300,000 $706,200 24,000 SF 12' Wide concrete shared use path (2,000 LF) out of SMA $15 $360,000 $847,440 96,960 SF 12' Wide concrete shared use path (8,080 LF) in CD $15 $1,454,400 $3,423,658 107,040 SF 12' Wide concrete shared use path (8,920 LF) in SMA $15 $1,605,600 $3,779,582 LS LS Drainage Crossing - 1 L.S. $140,000 $329,560 Culvert crossing improvements (3-24") LS LS Drainage Crossing - 2 L.S. $130,000 $306,020 Culvert crossing improvements (54") LS LS Drainage Crossing - 3 L.S. $200,000 $470,800 Prefab aluminum bridge, 60' span. Including abutments. LS LS Drainage Crossing - 4 (southernmost)L.S. $600,000 $1,412,400 Retrofit existing 10'x6' concrete box culvert LS LS Fishermen access points L.S. $20,000 $47,080 LS LS Temporary erosion control L.S. $575,000 $1,353,550 SUBTOTAL $5,385,000 $12,676,290 Contingency (15%)$807,750 $1,901,444 TOTAL $6,192,750 $14,577,734 Source: 1 Construction Analytics - Building Cost Index - Construction Inflation 2005 - 2022. https://edzarenski.com/2016/10/24/construction-inflation-index-tables-e08-19/ s AHUKINI -- CIVIL CENTER -- NAWILIWILI HARBOR ALTERNATE PRELIMINARY COST ESTIMATE April 17, 2008 Escalation Rate: 1 Page 2 of 5 February 18, 2022 2.354 Quantity Unit Description Unit Price Total Escalated Total CORRIDOR I - AHUKINI LANDING TO NAWILIWILI BEACH PARK SEGMENT C - NININI POINT TO KAPULE HIGHWAY $810,750 Alternate 1 - Striping and Signage for Shared-Use Road $6,192,750 6,200 LF Signage and striping for shared-use road $25 $155,000 $364,870 - 2022. https://edzarenski.com/2016/10/24/construction-inflation-index-tables-e08-19/ LS Temporary erosion control L.S. $5,000 $11,770 Subtotal $160,000 $376,640 Contingency (15%)$24,000 $56,496 TOTAL $184,000 $433,136 Source: 1 Construction Analytics - Building Cost Index - Construction Inflation 2005 - 2022. https://edzarenski.com/2016/10/24/construction-inflation-index-tables-e08-19/ KAUAI BIKE PATH AHUKINI -- CIVIL CENTER -- NAWILIWILI HARBOR ALTERNATE PRELIMINARY COST ESTIMATE April 17, 2008 Escalation Rate: 1 Page 3 of 5 February 18, 2022 2.354 Quantity Unit Description Unit Price Total Escalated Total CORRIDOR II - AHUKINI LANDING TO LIHUE CIVIC CENTER SEGMENT G - LIHUE AIRPORT TO KAPULE HIGHWAY Alternate G1 - Ahukini Road shared-use - Ahukini Landing to Airport 1,200 LF Striping and signage for shared use road - In SMA $25 $30,000 $70,620 - 2022. ht 5,600 LF Striping and signage for shared use road.$25 $140,000 $329,560 LS LS Temporary erosion control L.S. $5,000 $11,770 Subtotal $175,000 $411,950 Contingency (15%)$26,250 $61,793 G1 TOTAL $201,250 $473,743 Source: 1 Construction Analytics - Building Cost Index - Construction Inflation 2005 - 2022. https://edzarenski.com/2016/10/24/construction-inflation-index-tables-e08-19/ KAUAI BIKE PATH AHUKINI -- CIVIL CENTER -- NAWILIWILI HARBOR ALTERNATE PRELIMINARY COST ESTIMATE April 17, 2008 Escalation Rate: 1 Page 4 of 5 February 18, 2022 2.354 Quantity Unit Description Unit Price Total Escalated Total CORRIDOR II - AHUKINI LANDING TO LIHUE CIVIC CENTER SEGMENT H - LIHUE AIRPORT TO KAPULE HIGHWAY Alternate H1 - North End of Līhu‘e Airport to Kapule Highway 17,000 SF 10' Wide concrete shared use path (1,200 + 500 LF) $15 $255,000 $600,270 - 2022. https://edzarenski.com/2016/10/24/construction-inflation-index-tables-e08-19/ LS Temporary erosion control LS $5,000 $11,770 LS LS Culvert crossing L.S. $260,000 $612,040 LS LS Bike depot L.S. $50,000 $117,700 LS LS Temporary erosion control L.S. $5,000 Subtotal $320,000 $753,280 Contingency (15%)$48,000 $112,992 H1 TOTAL $368,000 $866,272 Alternate H2 - South End of Lihue Airport to Kapule/Ka`ana St. Intersection 10,500 SF 10' Wide concrete shared use path (1,050 LF)$15 $157,500 $370,755 LS LS Bike Depot L.S. $50,000 $117,700 LS LS Temporary erosion control L.S. $5,000 $11,770 Subtotal $212,500 $500,225 Contingency (15%)$31,875 $75,034 H2 TOTAL $244,375 $575,259 Total H1 and H2 $1,441,531 Source: 1 Construction Analytics - Building Cost Index - Construction Inflation 2005 - 2022. https://edzarenski.com/2016/10/24/construction-inflation-index-tables-e08-19/ KAUAI BIKE PATH AHUKINI -- CIVIL CENTER -- NAWILIWILI HARBOR ALTERNATE PRELIMINARY COST ESTIMATE April 17, 2008 Escalation Rate: 1 Page 5 of 5 County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 5 Site Photos Photo 1: Ahukini Road, start of Path A, facing south. Photo 2: Ahukini Road, intersection of Path A and G, facing west. Photo 3: Ahukini Road, intersection of Path A and G, facing south. Photo 4: Path A, facing east. Photo 5: Path A, facing south. Photo 6: Path A, facing south. Photo 7: Path A, Bridge crossing, facing south. Photo 8: Path A, facing east. Photo 9: Path A, facing north. Photo 10: Path A, facing south. Photo 11: Path A, facing south. Photo 12: Path A, bridge crossing, facing west. Photo 13: Path A, facing north. Photo 14: Path A, public access, facing northeast. Photo 15: Path A, encampment, facing south. Photo 16: Path A, fishing access 1, aerial. Photo 18: Path A, facing south. Photo 17: Path A, bridge crossing, facing east. Photo 20: Path A, facing north. Photo 19: Path A, fishing access 2, aerial. Photo 21: Path A, fishing access 3, aerial. Photo 22: Path A, fishing access 4, aerial. Photo 23: Path A, fishing access 5, aerial. Photo 24: Path A, facing southwest. Photo 25: Path A, facing southwest. Photo 26: Path A, facing south. Photo 27: Path A, facing south. Photo 28: Path A, facing northwest. Photo 29: Path A, facing south. Photo 30: Path A, Ninini Point Street, facing northwest. Photo 31: Path A, Ninini Point Street, facing northwest. Photo 32: Path A, facing east. Photo 33: Path A, facing east. Photo 34: Path A, Ninini Point Street, facing northwest. Photo 35: Path A, Ninini Point Street, facing northwest. Photo 36: Path A, Ninini Point Street, facing northwest. Photo 37: Path A, Ninini Point Street, facing northwest. Photo 38: Path A, Ninini Point Street, facing northwest. Photo 39: Path A, Ninini Point Street, facing north. Photo 40: Path A, Ninini Point Street, facing northwest. Photo 41: Path A, Ninini Point Street, facing west. Photo 25: Path A, facing south. Photo 42: Path A, Ninini Point Street, facing west. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 6 Special Management Area Map ")kj!>!>!>!>Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Special Management Area °R.M. Towill Corporation Nāwiliwili - Ahukini Shared-Use Path Phase A County of Kaua‘i Lïhu‘e, Kaua‘i, Hawai‘i Ahukini Landing Ninini Point Ninini Point Street Timbers Resort The Ocean Course Ahukini Road Līhuʻe Airport A G H H C D Kapule Highway Nāwiliwili Bay Kaua‘i Marriott Resort and Beach Club 0 1,800900 Feet 1 in = 1,800 feet Vidinha Stadium Ahukini Recreational Pier State Park Legend Segments B and D By Others Segments A,C,G, and H By County of Kaua'i !>Drainage Crossings kj Comfort Station ")Bike Depot Special Management Area Conservation District GIS County of Kaua'i Zoning Layer Source: Hawaii Statewide GIS Program. County of Kauai, August 2018. Pacific Ocean Kauai Project Vicinity B Līhuʻe Hanamāʻulu 12 3 4 County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 7 Shoreline Survey County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 8 General Site Plan NOTE: The County of Kauai‘i requires that all portions of new concrete paths/walkways located within 40 feet of the shoreline setback area shall be saw-cut at a minimum of three (3) foot intervals. All project improvements shall be constructed more than 60 feet from the certified shoreline. All proposed path segments within the 100-foot shoreline setback will be constructed of concrete with saw-cuts at 3-fot intervals, in compliance with the County of Kaua’i requirements. Drainage Crossing #3 Drainage Crossing #2 Drainage Crossing #1 Drainage Crossing #4 County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 9 Bridge and Culvert Drainage Crossing ! !!! !! " " " " ## # # # # # # # !!#"# # !! """" " "" RAINAGE"ROSSING" ! !! ! ! !NOTE: The County of Kaua‘i requires that all portions of new concrete paths/walkways located within 40 feet of the shoreline setback area shall be saw-cut at a minimum of three (3) foot intervals. All project improvements shall be constructed more than 60 feet from the certified shoreline. All proposed path segments within the 100-foot shoreline setback will be constructed of concrete with saw-cuts at 3-foot intervals, in compliance with the County of Kaua‘i requirements. 90 BO 7D 60 50 JO Finish----, Grade �I 69+00 illl!! I Planning -Engineering -Environmental Services -Photogrammetry -Surve�ng -Construction Management -t� R. M. TOWILL CORPORATION � 808 842 1133 2024 North King Street Suite 200 Honolulu Hawaii 96819-3494 Bridge--� Abutment 70+00 40 20 0 140' Prefabricated Steel Bridge '/ 'L '-- - ' - - - - ' L - ' - - \ :....-- - L---- / / / / \ \ \ \ \ \ I I I I 71+00 I / Aesthetic Design I / of Bridge TBD I/ r Bridge Abutment 72+00 80 H: �'liiiiiiiiiiiii��iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii.il NAWIL/WILI-AHUKUNI SHARED USED PATH ELEVATION - BRIDGE CROSSING (STA. 70+59 TO STA. 71+98) Drainage Crossing #3B 0 B 16 73+00 Figure x-x 12' ---2'2' - ,--Prefabricated Steel Truss Bridge I Deck to be Designed and Shldr _ 8' Shared Use Path_ �hid! Provided by Prefabricated �......... --- Bridge Manufacturer , Safety Rail �� ' 42 n High (Min.) ---- ---------Section A-A -Bridge Crossing----------- SCALE: 1'' -5 1 NAWILIWILI-AHUKUNI SHARED USED PA TH Ill!! I Planning -Engineering -Environmental Services -Phologrammetry -surveying -Construction Management jJ 1 1 R. M. TOWILL CORPORATION � 808 842 1133 2024 North King Street Suite 200 Honolulu Hawaii 96819-3494 SECTION - BRIDGE CROSSING Drainage Crossing #3 5' 2.5' O' I I I SCALE: 1 n = 5' 5' I 10' I County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 10 State Historic Sites Figure and No Adverse Effect Table “No Adverse Effect” for the following historic properties within the APE SIHP No. Site Description Recommendations 50-30-11-009 Kuhiau Heiau Previously documented. No further work. Describe in interpretive display at Nāwiliwili Beach Park. 50-30-11-100 Ninini Heiau Documented as destroyed by Thrum (in Bennett 1931). Describe in interpretive display. 50-30-11-101 Ahukini Heiau Describe in interpretive display. 50-30-11-421 Midden Scatter of marine shells Previously recorded. No further work. 50-30-11-422*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-423*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-424 Oval Terrace Alignment Previously recorded. No further work. 50-30-11-1999 Paukini Rock (in Nāwiliwili Bay) Previously recorded. Describe in interpretive display. 50-30-11-6009 Nāwiliwili Cemetery Avoid. 50-30-08-3958 Historic remnants of a piggery Previously recorded. No further work. 50-30-08-9000 Ahukini Landing n/a 50-30-08-9402 Historic Building Remnant at Site of Radio Station KIVM n/a 11-B004 Historic Cemetery near Nāwiliwili Park Avoid. 50-30-11-2086*Pre-contact Terrace Habitation Preservation. Avoid with a 20-foot buffer. 50-30-11-2087*Historic Lighthouse and associated habitation (caretaker’s residence) Preserve remaining structure. Adaptive re-use of the site and educational signage. 50-30-11-2088*Military Concrete slab. The base of a communications tower. Data recovered and recorded. No further work. 50-30-11-2089*Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. Data recovery program to be undertaken before path construction begins. 50-30-11-2090*Military. Structural foundation for gun emplacement. Preserve in place. Avoid site by establishing a 20-foot protective buffer. Install educational signage. 50-30-11-2091*Historic habitation foundation. Data recovered and recorded. No further work. 50-30-11-2092*Historic Septic Outhouse and cesspool Data recovered and recorded. No further work. 50-30-11-2093*Plantation-era ditch drainage Data recovered and recorded. No further work. 50-30-11-2094*Pre-contact/historic terrace habitation Preservation. Avoid with a 20-foot buffer. “No Adverse Effect” for the following historic properties within the APE 50-30-11-2095*Pre-contact Scatter Activity area Data recovered and recorded. No further work. 50-30-11-2096*Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11-2097*Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11-2103*Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. -- Pū‘ali (Niumalu) Bridge Avoid existing bridge with a buffer. Buffer distance to be determined by the SHPD, Architectural Branch. *Historic sites identified during the archaeological inventory survey of the coastal area between Ahukini Landing and Ninini Point (CSH, 2010, 2014). County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 11 Wetland Map kjSource: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Wetland Map °R.M. Towill Corporation Nāwiliwili - Ahukini Shared-Use Path Phase A County of Kaua‘i Lïhu‘e, Kaua‘i, Hawai‘i Ahukini Landing Ninini Point Ninini Point Street Ahukini Road Līhuʻe Airport A G H H C D Nāwiliwili Bay 0 1,800900 Feet 1 in = 1,600 feet Legend Segments B and D By Others Segments A,C,G, and H By County of Kaua'i kj Comfort Station Wetlands Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Riverine GIS Wetland Layer Source: U.S. Fish and Wildlife Service National Wetlands Inventory Pacific Ocean Kauai Project Vicinity B Līhuʻe Hanamāʻulu County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 12 FEMA/FIRM Map Nawiliwili -Ahukini Shared-Use PathCounty of Kaua' i Lmu'e, Island of Kaua'i, Hawai'i FIGURE 3-3: FEMA-FIRM Map LEGEND Primary Project Corridor Separated Shared-Use Path On-Street Facilities (sidewalk/ bike lane/ shared use) Pedestrian Path Secondary Network Routes Separated Shared-Use Path - -On-Street Facilities (sidewalk/ bike lane / shared use) Signed Shared-Use Road - ---Pedestrian Path■Bike Depot •Fishing Access •Comfort Station � Drainage Crossing FEMA/FIRM Panel Nos.: 1500020326F, 1500023327F. 1500020328F, and 1500020329F. I I I I I 0 250 500 R. M. TowilJ Corporation l000 ISOOFcet County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 13 HRS 343 Finding of No Significant Impact County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 14 HRS 6E Historic Preservation Compliance NEIL ABERCROMBIE GOVERNOR OF HAWAII WILLIAM J. AILA, JR. CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT ESTHER KIA‘AINA INTERIM FIRST DEPUTY WILLIAM M. TAM DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES POST OFFICE BOX 621 HONOLULU, HAWAII 96809 January 21, 2014 Mr. David W. Shideler LOG NO: 2013.6321, 2014.00187 Cultural Surveys Hawai‘i, Inc. DOC NO: 1401SL17 P.O. Box 1114 Archaeology Kailua, HI 96734 Dear Mr. Shideler: SUBJECT: Chapter 6E-8 and National Historic Preservation Act (NHPA) Section 106 Review– Archaeological Inventory Survey Report for the Nāwiliwili-Ahukini Bike Path Project Nāwiliwili, Kalapakī, and Hanamā‘ulu Ahupua‘a, Līhu‘e District, Kaua‘i Island TMK: (4) 3-5-001:004, 008, 027, 060, 083, 085, 102, 118, 128, 159, and 160 por. and various rights-of-way between various plats Thank you for the opportunity to review this revised report titled Archaeological Inventory Survey Report for the Nāwiliwili-Ahukini Bike Path Project Nāwiliwili, Kalapakī, and Hanamā‘ulu Ahupua‘a, Līhu‘e District, Kaua‘i Island TMK: (4) 3-5-001:004, 008, 027, 060, 083, 085, 102, 118, 128, 159, and 160 por. and various rights-of-way between various plats (Altizer and Hammatt, November 2013). We received this revised draft on November 12, 2013 (Log No. 2013.6321). We subsequently determined the archaeological inventory survey (AIS) report did not indicate the project is a federal undertaking and did not include significance assessments using National Register criteria (January 3, 2014; email from Lebo to Shideler). We received the newly-revised AIS (Altizer and Hammatt, January 2014) and accompany materials via email on January 12 and 18, 2014 (Log No. 2014.00187). The Federal Highway Administration (FHWA) is funding the State of Hawai‘i Department of Transport’s (HDOT) and County of Kaua‘i Department of Public Work’s (DPW) plan to develop the Nāwiliwili to Anahola Shared-Use Path proposed in the 1994 State of Hawai‘i Master Plan – Bike Plan Hawai‘i, and in the 2003 Bike Plan Hawai‘i update. Due to Federal Highway Administration (FHWA) funding through the State of Hawai‘i Department of Transportation (HDOT), this project is a federal undertaking requiring compliance with Section 106 of the National Historic Preservation Act (NHPA), and 36 Code of Federal Regulations (CFR) Part 800. The current AIS was conducted at the request of R.M. Towill Corporation for portions of the Nāwiliwili-Ahukini Bike Path Project, which is located in coastal and near coastal portions of three ahupua‘a in Līhu‘e District: Hanamā‘ulu, Kalapakī, and Nāwiliwili. The 6-mile (10 km) project area is one section of a larger 17-mile (27.4 km) project to connect Nāwiliwili with Anahola. The Area of Potential Effect (APE) for the current AIS consists of both alignment-option corridors linking Ahukini Landing, Nāwiliwili Harbor Light, Līhu‘e Airport, Kaua‘i Lagoons and Marriottt Resort, Nāwiliwili Park and Harbor, and Niumalu Park. The APE also includes all lands in the vicinity of these alignment options from the western shoulder of the mauka (inland) corridor east to the ocean. A pedestrian survey consisting of 100% coverage at 5-10 m intervals was conducted within the APE. The AIS report provides good discussions of the project, consultation, cultural and historic background research, previous investigations, field and laboratory methods and findings, as well as the significance assessments and recommendations. The AIS investigations identified 15 historic properties, of which 9 are assessed as potentially being affected by the project and also as being eligible for listing on the National/Hawai‘i Registers of Historic Places (Table 1). In 2012, the FHWA rendered an adverse effect determination for the Nāwiliwili Stream Railroad Bridge (SIHP # 50-30-11-1845) and a determination that the current AIS project would have no adverse effect on the archaeological historic properties within the project area (Nickelson to Aila, July 25, 2012). The archaeological historic properties are being addressed in a Memorandum of Agreement to be submitted to the Advisory Council on Historic Preservation. The recommended mitigation measures will reduce the project's potentially adverse effect on these significant historic properties. Mr. Shideler January 21, 2014 Page 2 The revisions made to this document adequately address the major concerns raised in our prior correspondence (April 21, 2010, Log No. 2010.0723, Doc. No. 1004NM62; November 9, 2012, SHPD and CSH consultation, Lebo and Shideler; January 3, 2014, email from Lebo to Shideler; and January 18, 2014, email from Shideler to Lebo). The archaeological inventory survey report meets the requirements of the Secretary of Interior Standards for Archaeological Documentation and Hawaii Administrative Rule §13-276-5. It is accepted by SHPD. Please send one hardcopy of the document, clearly marked FINAL, along with a copy of this review letter and a text-searchable PDF version on CD to the Kapolei SHPD office, attention SHPD Library. Please contact me at (808) 692-8019 or at Susan.A.Lebo@hawaii.gov if you have any questions or concerns regarding this letter. Aloha, Susan A. Lebo, PhD Oahu Lead Archaeologist Table 1. Sites Assessments using National/Hawaii-Register Significance Criteria and HAR §13-275-6 Significance Criteria, and Site Recommendations SIHP Description Significance Criteria Recommendation NR/HR HAR §13-275-6 50-30-11-422 Plantation wall Not significant Not significant No further work 50-30-11-423 Plantation wall Not significant Not significant No further work 50-30-11-2086 Pre-Contact habitation terrace D “d” and “e” Preservation, avoid with 20-ft buffer 50-30-11-2087 Historic lighthouse and associated habitation remnants C and D “c” and “d” Preservation of remaining structure; adaptive reuse 50-30-11-2088 Military concrete slab base of communications tower D “d” No further work 50-30-11-2089 Historic mounds, possible burial D “d” and “e” Preservation in place; avoid w/50-ft buffer; data recovery prior to construction 50-30-11-2090 Military structural foundation, gun emplacement D “d” Preservation; avoid w/20-ft buffer 50-30-11-2091 Historic habitation foundation Not significant Not significant No further work 50-30-11-2092 Historic septic, outhouse and cesspool D “d” No further work 50-30-11-2093 Plantation ditch Not significant Not significant No further work 50-30-11-2094 Pre-/Post-Contact habitation terrace D “d” and “e” Preservation; avoid w/20-ft buffer 50-30-11-2095 Pre-Contact scatter, activity area D “d” and “e” No further work 50-30-11-2096 Historic ditch Not significant Not significant No further work 50-30-11-2097 Historic ditch Not significant Not significant No further work 50-30-11-2103 Historic structural foundations, industrial complex D “d” Preservation, educational signage DEREK S.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR 4444 Rice Street, Suite 275 • Līhu‘e, Hawai‘i 96766 • (808) 241-4992 (b) • (808) 241-6604 (f) An Equal Opportunity Employer DEPARTMENT OF PUBLIC WORKS TROY K. TANIGAWA, P.E., ACTING COUNTY ENGINEER BOYD GAYAGAS, DEPUTY COUNTY ENGINEER 000000 September 28, 2021 TO: Alan Downer PhD, Administrator State Historic Preservation Division Department of Land and Natural Resources 601 Kamokila Boulevard, Suite 555 Kapolei, Hawai‘i 96707 via: https://shpd.hawaii.gov/hicris SUBJECT: Historic Preservation Review , Chapter 6E-8, Hawai‘i Revised Statute (HRS) Nāwiliwili – Ahukini Shared-Use Path Project Līhu‘e District (puna moku), Island of Kaua‘i, Hawai‘i Ahupua‘a of Nāwiliwili, Kalapakī , and Hanamā‘ulu Federal Aid Project Number: CMAQ-0700 (57) Tax Map Key Numbers: (4) 3-2-02:1 & Niumalu Road; 3-2-03: Niumalu & Wa‘apā Roads; 3-2-04:1, 2, 3 & Wa‘apā Road; 3-5-01:4, 5, 8, 27, 102, 117, 118; 3-5- 02:2; 3-6-02:Kā’ana Street, Hardy Street, Rice Street, & ‘Umi Street; 3-6-08: Wa‘apā Road, Nāwiliwili Stream; and 3-7-02: Ahukini Road Dear Mr. Downer, The County of Kaua‘i, Department of Public Works (DPW) submits this letter to provide a project summary for the State Historic Preservation Division (SHPD) review per Hawai‘i Revised Statutes (HRS) Chapter 6E-8 in connection with the Nawiliwili – Ahukini Shared-Use Path project. The DPW, plans to develop a coastal, shared-use path between Nawiliwili Park and Ahukini Landing in Lihue District on the island of Kauai. A path section is also proposed between Nawiliwili Park and Niumalu Park. Additional path sections would connect the coastal path to the Lihue Civic Center and Lihue Airport. The project is a key section 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 planned project consists of a 12-foot wide concrete shared-use coastal path. Bike lane and sidewalk improvements to existing and planned street corridors would provide additional connections through urban areas. Path improvements and amenities include separated crossings at major drainage ways, educational and informational signage, a comfort station at Ninini Point, adaptive reuse of the Nawiliwili Stream Railroad Bridge, and various improvements at Nawiliwili Park to be coordinated with the park’s master plan. The project would benefit residents and visitors by preserving coastal access, creating a new safe recreational resource and supporting alternative modes of transportation to connect key community centers, including residential neighborhoods, commercial centers, parks, and the airport and harbor. Per HRS Chapter 6E-8 and Hawai‘i Administrative Rules (HAR) Chapter 13-275, the DPW offers the following documentation: Dr. Downer September 28, 2021 Page 2 of 9 I. IDENTIFICATION AND INVENTORY OF HISTORIC PROPERTIES There are 26 historic properties documented in the project area. The historic properties are listed by SIHP number in Table 1 along with recommended mitigation measures that were developed in consultation with SHPD and consulting parties as part of the NHPA 106 consultation process: Table 1 State Historic Sites Located in the Project Area SIHP No. Site Description Recommendations 50-30-11-009 Kuhiau Heiau. Nawiliwili; A large paved heiau, whose enclosure covered an area of about four acres; long since destroyed. Previously documented. No further work. Describe in interpretive display at Nawiliwili Park 50-30-11-100 Ninini Heiau. near Nawiliwili Harbor Light. Previously destroyed. Documented as destroyed by Thrum (in Bennett 1931). Describe in interpretive display. 50-30-11-101 Ahukini Heiau, near Ahukini Point midway between Ninini Point and Ahukini Landing. Previously recorded foundations not re-located, likely destroyed by erosion and Hurricane Iniki in 1993. Describe in interpretive display. 50-30-11-421 Midden Scatter of marine shells Previously recorded. No further work. 50-30-11-422*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-423*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-424 Oval Terrace Alignment Previously recorded. No further work. 50-30-11-1845 Historic Railroad Bridge Preserve existing structure. Retrofit new deck and railings as part of shared-use path project. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. Describe in interpretive display. 50-30-11-6009 Nawiliwili Cemetery Avoid. 50-30-08-3958 Historic remnants of a piggery. Previously recorded. No further work. 50-30-08-9000 Ahukini Landing Avoid 50-30-08-9402 Historic Building Remnant at Site of Radio Station KIVM Avoid 50-30-11- 2086* Pre-contact Terrace Habitation Preservation. Avoid with a 20- foot buffer. 50-30-11- 2087* Historic Lighthouse and associated habitation (caretaker’s residence). Preserve remaining structure. Adaptive re-use of the site and educational signage. Dr. Downer September 28, 2021 Page 3 of 9 Table 1 State Historic Sites Located in the Project Area SIHP No. Site Description Recommendations 50-30-11- 2088* Military Concrete slab. The base of a communications tower. Data recovered and recorded. No further work. 50-30-11- 2089* Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. 50-30-11- 2090* Military. Structural foundation for gun emplacement. Preserve in place. Avoid site by establishing a 20-foot protective buffer. Install educational signage. 50-30-11- 2091* Historic habitation foundation. Data recovered and recorded. No further work 50-30-11- 2092* Historic Septic Outhouse and cesspool Data recovered and recorded. No further work 50-30-11- 2093* Plantation-era ditch drainage. Data recovered and recorded. No further work. 50-30-11- 2094* Pre-contact/historic terrace habitation. Preservation. Avoid with a 20- foot buffer. 50-30-11- 2095* Pre-contact Scatter Activity area Data recovered and recorded. No further work. 50-30-11- 2096* Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11- 2097* Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11- 2103* Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. *Historic sites identified during the archaeological inventory survey of the coastal area between Ahukini Landing and Ninini Point. II. EVALUATION OF SIGNIFICANCE Of the 26 documented historic properties in the APE, the following 9 properties listed in Table 2 retain aspects of historic integrity that qualify the property for the National Register: Table 2 State Historic Sites in the APE that Retain Aspects of Historic Integrity SIHP No. Site Description Eligibilit y Criteria* Aspects of Integrity 50-30-11-1845 Historic Railroad Bridge. Constructed 1931. A, C Location, design, setting, materials, workmanship, feeling and association. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) A, B, D, E Location, setting, feeling and association. Dr. Downer September 28, 2021 Page 4 of 9 Table 2 State Historic Sites in the APE that Retain Aspects of Historic Integrity 50-30-08-9000 Ahukini Landing. Constructed prior to 1927. D Location, design, setting, materials, feeling and association. 50-30-11- 2086* Pre-contact Terrace Habitation D, E Location, design, setting, materials, workmanship, feeling. 50-30-11-2087 Historic Lighthouse and associated habitation (caretaker’s residence). Constructed 1933. C, D Location, design, setting, materials, workmanship, feeling and association. 50-30-11-2089 Historic Mounds. Possible Burial. D, E Location, setting, materials. 50-30-11-2090 Military. Structural foundation for gun emplacement. Constructed in 1942. D Location, design, setting, materials, workmanship, feeling. 50-30-11-2094 Pre-contact/historic terrace habitation. D, E Location, design, setting, materials, workmanship, feeling. 50-30-11-2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp. Constructed prior to 1927. D Location, design, setting, materials, feeling and association. * Eligibility Criteria for inclusion on the National Historic Register (Criteria A through D) and on the State of Hawaii Register of Historic Places (Criterion E). III. EFFECT DETERMINATION DPW offers a “effect, with proposed mitigation commitments” determination for this project. IV. PROPOSED MITIGATION COMMITMENTS The DPW will commit to the following measures to avoid, minimize and mitigate any significant impacts to the historic properties along Nāwiliwili-Ahukini Shared-Use Path. Mitigation measures for specific historic sites are summarized in Table 3. Additional commitments are listed below. Table 3 No Adverse Effect for the following historic properties within the APE SIHP No. Site Description Mitigation Commitment 50-30-11-1845 Nawiliwili Stream Railroad Bridge Preserve existing structure. Adaptive reuse in accordance with historic preservation design guidelines Dr. Downer September 28, 2021 Page 5 of 9 developed in consultation with the SHPD, Architectural Branch. Design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without damaging the existing bridge structure. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. Describe in interpretive display. 50-30-08-9000 Ahukini Landing Avoid. Refer to SIHP # 50-30-11- 2103 below. 50-30-11- 2086* Pre-contact Terrace Habitation Preservation. Avoid with a 20-foot buffer. 50-30-11-2087 Historic Lighthouse and associated habitation (caretaker’s residence). Preserve remaining structure. Adaptive re-use of the site and educational signage. 50-30-11-2089 Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. 50-30-11-2090 Military. Structural foundation for gun emplacement. Preserve in place. Avoid site by establishing a 20-foot protective buffer. Install educational signage. 50-30-11-2094 Pre-contact/historic terrace habitation. Preservation. Avoid with a 20-foot buffer. 50-30-11-2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. The DPW shall ensure that the following measures are implemented to avoid and minimize potential impacts to archaeological, cultural, and historic resources: A.Supplemental Archaeological Inventory Survey 1.The County DPW shall prepare a Supplemental Archaeological Inventory Survey (AIS), in accordance with Hawaii Administrative Rules (HAR) 13-13-276, for the “Secondary Network Routes” located in interior lands prior to the design and construction of those alignments. 2.The AIS shall be submitted by the County DPW, after review by the FHWA and HDOT, to the SHPD for review, including opportunity for public comment, in accordance with HAR 13-13-275. Unless the SHPD objects within 45 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. Dr. Downer September 28, 2021 Page 6 of 9 B.Archaeological Monitoring Plan 1.The County DPW shall develop an archaeological monitoring plan (AMP), in accordance with HAR 13-13-279, with a combination of on-site and on-call monitoring during all ground-disturbing activities related to the Undertaking. 2.If determined to be necessary by the SHPD, a supplemental AMP will be prepared for future work to construct secondary path alignments, based on the findings of a supplemental AIS to be prepared for those secondary alignments. 3.The AMP shall include provisions for addressing burial treatment that are to be implemented in the event of an inadvertent find during construction activities. 4.The AMP will be developed and implemented by a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualifications Standards for Archeology (Federal Register, Vol. 48, No. 190, page 44738-9). 5.The AMP will include the following major elements: a.Archaeological monitoring provisions and procedures to be implemented during the course of the Undertaking's implementation; and b.Specific levels of archaeological monitoring determined to be appropriate for each path section, and c.A follow-up monitoring report for the Undertaking shall be submitted to the SHPD. The monitoring report, containing the location and description of any human burial remains discovered during the course of the Undertaking, shall remain confidential and the precise location data may be provided in a separate confidential index. 6.The AMP shall be submitted by the County DPW, after review by HDOT and FHWA, to the SHPD for a 30-day review. Unless the SHPD objects within 30 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. C.Mitigation Measures for Historic Properties To reduce the potential for adverse effects on historic properties, the County DPW shall ensure that the following mitigation measures are incorporated in the design of the Undertaking and in effect prior to commencement of ground disturbing activities: 1.For State Inventory of Historic Places (SIHP) Site 50-30-11-2086, a pre-contact habitation terrace, the County DPW shall provide a 30-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 2.For SIHP Site 50-30-2089, a possible burial mound, the County DPW shall provide a 50- foot preservation buffer in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 3.For SIHP Site 50-30-11-2090, a World War II era military gun emplacement related to the defense of Kauai Island, the County DPW shall provide a 20-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 4.For SIHP Site 50-30-11-2094, a pre-contact habitation terrace, the County DPW shall provide a 20-foot buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 5.For SIHP Site 50-30-11-2103, a historic industrial complex at Ahukini Point, the County DPW shall provide educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. D.Adaptive Reuse of Nawiliwili Stream Railroad Bridge, SIHP Site 50-30-11-1945 1.The County DPW shall consult with the SHPD during the design phase of the Dr. Downer September 28, 2021 Page 7 of 9 Undertaking to ensure that the adaptive reuse of the bridge complies with historic preservation design criteria approved by the SHPD Architectural Branch. 2.The County DPW shall design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without doing major damage to the existing bridge structure. 3.The KHPRC and HHF shall be given the opportunity to provide comments on the design of proposed modifications to Nawiliwili Stream Railroad Bridge at the preliminary and pre-final stages. 4.During right-of-way certification and land acquisition for the Undertaking, the County DPW shall conduct research to determine ownership of the Nawiliwili Stream Railroad Bridge and approaches, including a title search, Land Commission Award research, review of County files related to the bridge and related easements, and consultation with the Lovell ‘Ohana regarding unrecorded easement documents. 5.The County DPW shall replace all references to "Duke's Bridge" in the project documentation with "Nawiliwili Stream Railroad Bridge". 6.Prior to undertaking modifications to the Nawiliwili Stream Railroad Bridge, the County DPW shall prepare Historic American Engineering Record (HAER) or Historic American Building Survey (HABS) documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. HAER or HABS documentation will be submitted to SHPD for review and forwarded to the National Park Service for inclusion in the Library of Congress. 7.The County DPW shall develop interpretive signage for the Nawiliwili Stream Railroad Bridge in accordance with the Interpretive Plan described below in item H. E.Mitigation for Pū‘ali (Niumalu) Bridge 1.The County DPW shall consult with the SHPD during the design phase of the Undertaking to ensure that an adequate buffer is maintained between the Pū‘ali (Niumalu) Bridge and a new, shared-use path bridge. 2.Prior to undertaking modifications to the Pū‘ali (Niumalu) Bridge, the County DPW shall prepare HAER or HABS documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. F.Design Review for Proposed Comfort Station near Ninini Point Lighthouse, SIHP Site 50-30-11-2087 1.The County DPW shall consult with the SHPD during development of design plans for a proposed comfort station at the former site of the Ninini Point Lighthouse caretaker’s house to determine appropriate design of structures. 2.The SHPD, KHPRC and HHF shall be given the opportunity to provide comments on the design of the proposed comfort station at the preliminary and pre-final stages. 3.The County DPW shall develop educational signage for Ninini Point in accordance with the Interpretive Plan described below in item H. G.Treatment of Burial Sites and Human Remains 1.The County DPW shall prepare appropriate documents as required to address the Dr. Downer September 28, 2021 Page 8 of 9 treatment of any burials or other human remains encountered in the course of this project. 2.Documentation concerning the treatment of burials or human remains shall be prepared and processed with the SHPD and KNIBC in accordance with HAR 13-13-300. 3.The pertinent provisions of any such documents shall be executed prior to the completion of the undertaking. H.Preservation Plan / Interpretive Plan 1.The County DPW shall prepare a Preservation Plan in accordance with HAR 13-13-277 for SIHP 50-30-11-2086 – habitation terrace, SIHP Site 50-30-2089 - possible burial mound, SIHP 50-30-11-2090 – gun emplacement foundation, SIHP 50-30-11-2094 – pre/post-contact habitation terrace, and SIHP 50-30-11-2103 – industrial complex. 2.The Preservation Plan shall address interim and long-term preservation and educational and interpretive signage to be provided along multi-use path. Proposed interim preservation measures for the four sites will be submitted to SHPD for review and approval prior to the initiation of ground altering activities within the APE. 3.The County DPW shall consult with the SHPD, KHPRC, HHF, the Kauai Path organization and Native Hawaiian organizations who actively participated in the NHPA Section 106 consultation process in developing the interpretive signage associated with this Undertaking. Interpretive signage will be developed under the following conditions: a.Interpretive signage will address the themes of each of the historic sites identified near the project. b.Interpretive signage and programming may be developed in stages for various segments of the multi-use path. c.The SHPD will have 60 days from receipt of the submitted interpretive signage materials to review, revise, and approve the proposed signage. d.Development and implementation of interpretive signage improvements can proceed concurrently or after construction of improvements under this Undertaking. 4.The Preservation Plan shall be submitted to the SHPD for review and approval prior to implementation. I.Mitigation during Construction Activities 1.If cultural materials are discovered during construction, all earth-moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find. 2.If human remains are discovered, Hawaii Administrative Rules Title 13. Subtitle 13, Chapter 300 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains, and SHPD and Police Department will be contacted. The appropriate process would then proceed in conformance with Hawaii Administrative Rules §13-300 Subchapter 4 “Procedures for Property Treatment of Burial Sites and Human Skeletal Remains.” The County of Kauai will prevent the disturbance or taking of any historic property or resource to the extent possible by instituting these mitigation measures and enforcing their implementation by contractors. V. FEDERAL FUNDING Dr. Downer September 28, 2021 Page 9 of 9 The proposed project will be funded from a combination of Federal and County funds. The project will receive funding from the Federal Highway Administration (FHWA) and is therefore a federal undertaking as defined in 36 CFR 800.16(y). Consultation under Section 106 of the National Historic Preservation Act (NHPA) has been completed for the project. The SHPO concurred with FHWA’s finding of “no adverse effect” determination in a letter dated June 12, 2020 (Log No.: 2020.01075, Doc. No.: 2006SH10). Sincerely, Troy K. Tanigawa Acting County Engineer cc: Emma Kawamoto , HDOT An Equal Opportunity Employer COK Letterhead TO: Alan Downer PhD, Administrator State Historic Preservation Division Department of Land and Natural Resources 601 Kamokila Boulevard, Suite 555 Kapolei, Hawai‘i 96707 via: https://shpd.hawaii.gov/hicris SUBJECT: Historic Preservation Review , Chapter 6E-8, Hawai‘i Revised Statute (HRS) Nāwiliwili – Ahukini Shared-Use Path Project Līhu‘e District (puna moku), Island of Kaua‘i, Hawai‘i Ahupua‘a of Nāwiliwili, Kalapakī , and Hanamā‘ulu Federal Aid Project Number: CMAQ-0700 (57) Tax Map Key Numbers: (4) 3-2-02:1 & Niumalu Road; 3-2-03: Niumalu & Wa‘apā Roads; 3-2-04:1, 2, 3 & Wa‘apā Road; 3-5-01:4, 5, 8, 27, 102, 117, 118; 3-5-02:2; 3-6-02:Kā’ana Street, Hardy Street, Rice Street, & ‘Umi Street; 3-6-08: Wa‘apā Road, Nāwiliwili Stream; and 3-7-02: Ahukini Road Dear Mr. Downer, The County of Kaua‘i, Department of Public Works (DPW, agency) submits this letter to respectfully inform the State Historic Preservation Division (SHPD) that in accordance with Hawai‘i Administrative Rules (HAR) §13-275-3(e) and §13-275-7(c)(2) the DPW concludes that the SHPD concurs with the DPW’s Hawai‘i Revised Statutes (HRS) Section 6E Historic Preservation review determination of “effect, with proposed mitigation commitments” for this project. HAR §13-275-3(e) states that should the SHPD not reply in writing within the time set in the HAR for historic preservation review, the SHPD is presumed to concur with the agency’s submittal. HAR §13-275-7(c)(2) sets 45 days for the SHPD to respond to an effect determination. The DPW uploaded the HRS 6E effect determination to the SHPD HICRIS system on October 4, 2021. More than 300 days have passed since the DPW’s submittal. The HICRIS log number is L59ESRVG5JKL. The SHPD Project Log No. is 2020PR33182. The following is a summary of the project, identification of historic properties, basis for the effect determination, and proposed mitigation measures. The DPW, plans to develop a coastal, shared-use path between Nawiliwili Park and Ahukini Landing in Lihue District on the island of Kauai. A path section is also proposed between Nawiliwili Park and Niumalu Park. Additional path sections would connect the coastal path to the Lihue Civic Center and Lihue Airport. The project is a key section 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 planned project consists of a 12-foot wide concrete shared-use coastal path. Bike lane and sidewalk improvements to existing and planned street corridors would provide additional connections through urban areas. Path improvements and amenities include separated crossings at major drainage ways, educational and informational signage, a comfort station at Ninini Point, adaptive reuse of the Nawiliwili Stream Railroad Bridge, and September 9, 2022 Page 2 various improvements at Nawiliwili Park to be coordinated with the park’s master plan. The project would benefit residents and visitors by preserving coastal access, creating a new safe recreational resource and supporting alternative modes of transportation to connect key community centers, including residential neighborhoods, commercial centers, parks, and the airport and harbor. Per HRS Chapter 6E-8 and Hawai‘i Administrative Rules (HAR) Chapter 13-275, the DPW offers the following documentation: I. IDENTIFICATION AND INVENTORY OF HISTORIC PROPERTIES There are 26 historic properties documented in the project area. The historic properties are listed by SIHP number in Table 1 along with recommended mitigation measures that were developed in consultation with SHPD and consulting parties as part of the NHPA 106 consultation process: Table 1 State Historic Sites Located in the Project Area SIHP No. Site Description Recommendations 50-30-11-009 Kuhiau Heiau. Nawiliwili; A large paved heiau, whose enclosure covered an area of about four acres; long since destroyed. Previously documented. No further work. Describe in interpretive display at Nawiliwili Park 50-30-11-100 Ninini Heiau. near Nawiliwili Harbor Light. Previously destroyed. Documented as destroyed by Thrum (in Bennett 1931). Describe in interpretive display. 50-30-11-101 Ahukini Heiau, near Ahukini Point midway between Ninini Point and Ahukini Landing. Previously recorded foundations not re-located, likely destroyed by erosion and Hurricane Iniki in 1993. Describe in interpretive display. 50-30-11-421 Midden Scatter of marine shells Previously recorded. No further work. 50-30-11-422*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-423*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-424 Oval Terrace Alignment Previously recorded. No further work. 50-30-11-1845 Historic Railroad Bridge Preserve existing structure. Retrofit new deck and railings as part of shared-use path project. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. Describe September 9, 2022 Page 3 Table 1 State Historic Sites Located in the Project Area SIHP No. Site Description Recommendations in interpretive display. 50-30-11-6009 Nawiliwili Cemetery Avoid. 50-30-08-3958 Historic remnants of a piggery. Previously recorded. No further work. 50-30-08-9000 Ahukini Landing Avoid 50-30-08-9402 Historic Building Remnant at Site of Radio Station KIVM Avoid 50-30-11- 2086* Pre-contact Terrace Habitation Preservation. Avoid with a 20- foot buffer. 50-30-11- 2087* Historic Lighthouse and associated habitation (caretaker’s residence). Preserve remaining structure. Adaptive re-use of the site and educational signage. 50-30-11- 2088* Military Concrete slab. The base of a communications tower. Data recovered and recorded. No further work. 50-30-11- 2089* Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. 50-30-11- 2090* Military. Structural foundation for gun emplacement. Preserve in place. Avoid site by establishing a 20-foot protective buffer. Install educational signage. 50-30-11- 2091* Historic habitation foundation. Data recovered and recorded. No further work 50-30-11- 2092* Historic Septic Outhouse and cesspool Data recovered and recorded. No further work 50-30-11- 2093* Plantation-era ditch drainage. Data recovered and recorded. No further work. 50-30-11- 2094* Pre-contact/historic terrace habitation. Preservation. Avoid with a 20- foot buffer. 50-30-11- 2095* Pre-contact Scatter Activity area Data recovered and recorded. No further work. 50-30-11- 2096* Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11- 2097* Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11- 2103* Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. *Historic sites identified during the archaeological inventory survey of the coastal area between Ahukini Landing and Ninini Point. September 9, 2022 Page 4 II.EVALUATION OF SIGNIFICANCE Of the 26 documented historic properties in the APE, the following 9 properties listed in Table 2 retain aspects of historic integrity that qualify the property for the National Register: Table 2 State Historic Sites in the APE that Retain Aspects of Historic Integrity SIHP No. Site Description Eligibili ty Criteria * Aspects of Integrity 50-30-11- 1845 Historic Railroad Bridge. Constructed 1931. A, C Location, design, setting, materials, workmanship, feeling and association. 50-30-11- 1999 Paukini Rock (in Nawiliwili Bay) A, B, D, E Location, setting, feeling and association. 50-30-08- 9000 Ahukini Landing. Constructed prior to 1927. D Location, design, setting, materials, feeling and association. 50-30-11- 2086* Pre-contact Terrace Habitation D, E Location, design, setting, materials, workmanship, feeling. 50-30-11- 2087 Historic Lighthouse and associated habitation (caretaker’s residence). Constructed 1933. C, D Location, design, setting, materials, workmanship, feeling and association. 50-30-11- 2089 Historic Mounds. Possible Burial. D, E Location, setting, materials. 50-30-11- 2090 Military. Structural foundation for gun emplacement. Constructed in 1942. D Location, design, setting, materials, workmanship, feeling. 50-30-11- 2094 Pre-contact/historic terrace habitation. D, E Location, design, setting, materials, workmanship, feeling. 50-30-11- 2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp. Constructed prior to 1927. D Location, design, setting, materials, feeling and association. * Eligibility Criteria for inclusion on the National Historic Register (Criteria A through D) and on the State of Hawaii Register of Historic Places (Criterion E). September 9, 2022 Page 5 III.EFFECT DETERMINATION DPW concludes a “effect, with proposed mitigation commitments” determination for this project. IV. PROPOSED MITIGATION COMMITMENTS The DPW will commit to the following measures to avoid, minimize and mitigate any significant impacts to the historic properties along Nāwiliwili-Ahukini Shared-Use Path. Mitigation measures for specific historic sites are summarized in Table 3. Additional commitments are listed below. Table 3 No Adverse Effect for the following historic properties within the APE SIHP No. Site Description Mitigation Commitment 50-30-11- 1845 Nawiliwili Stream Railroad Bridge Preserve existing structure. Adaptive reuse in accordance with historic preservation design guidelines developed in consultation with the SHPD, Architectural Branch. Design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without damaging the existing bridge structure. 50-30-11- 1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. Describe in interpretive display. 50-30-08- 9000 Ahukini Landing Avoid. Refer to SIHP # 50-30-11- 2103 below. 50-30-11- 2086* Pre-contact Terrace Habitation Preservation. Avoid with a 20-foot buffer. 50-30-11- 2087 Historic Lighthouse and associated habitation (caretaker’s residence). Preserve remaining structure. Adaptive re-use of the site and educational signage. 50-30-11- 2089 Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. 50-30-11-Military. Structural foundation for Preserve in place. Avoid site by September 9, 2022 Page 6 2090 gun emplacement. establishing a 20-foot protective buffer. Install educational signage. 50-30-11- 2094 Pre-contact/historic terrace habitation. Preservation. Avoid with a 20-foot buffer. 50-30-11- 2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. The DPW shall ensure that the following measures are implemented to avoid and minimize potential impacts to archaeological, cultural, and historic resources: A.Supplemental Archaeological Inventory Survey 1.The County DPW shall prepare a Supplemental Archaeological Inventory Survey (AIS), in accordance with Hawaii Administrative Rules (HAR) 13-13-276, for the “Secondary Network Routes” located in interior lands prior to the design and construction of those alignments. 2. The AIS shall be submitted by the County DPW, after review by the FHWA and HDOT, to the SHPD for review, including opportunity for public comment, in accordance with HAR 13-13-275. Unless the SHPD objects within 45 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. B.Archaeological Monitoring Plan 1.The County DPW shall develop an archaeological monitoring plan (AMP), in accordance with HAR 13-13-279, with a combination of on-site and on-call monitoring during all ground-disturbing activities related to the Undertaking. 2. If determined to be necessary by the SHPD, a supplemental AMP will be prepared for future work to construct secondary path alignments, based on the findings of a supplemental AIS to be prepared for those secondary alignments. 3.The AMP shall include provisions for addressing burial treatment that are to be implemented in the event of an inadvertent find during construction activities. 4.The AMP will be developed and implemented by a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualifications Standards for Archeology (Federal Register, Vol. 48, No. 190, page 44738-9). 5.The AMP will include the following major elements: a.Archaeological monitoring provisions and procedures to be implemented during the course of the Undertaking's implementation; and b. Specific levels of archaeological monitoring determined to be appropriate for each path section, and c.A follow-up monitoring report for the Undertaking shall be submitted to the SHPD. The monitoring report, containing the location and description of any September 9, 2022 Page 7 human burial remains discovered during the course of the Undertaking, shall remain confidential and the precise location data may be provided in a separate confidential index. 6.The AMP shall be submitted by the County DPW, after review by HDOT and FHWA, to the SHPD for a 30-day review. Unless the SHPD objects within 30 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. C.Mitigation Measures for Historic Properties 1.To reduce the potential for adverse effects on historic properties, the County DPW shall ensure that the following mitigation measures are incorporated in the design of the Undertaking and in effect prior to commencement of ground disturbing activities. 2.For State Inventory of Historic Places (SIHP) Site 50-30-11-2086, a pre-contact habitation terrace, the County DPW shall provide a 30-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 3.For SIHP Site 50-30-2089, a possible burial mound, the County DPW shall provide a 50-foot preservation buffer in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 4.For SIHP Site 50-30-11-2090, a World War II era military gun emplacement related to the defense of Kauai Island, the County DPW shall provide a 20-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 5.For SIHP Site 50-30-11-2094, a pre-contact habitation terrace, the County DPW shall provide a 20-foot buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 6.For SIHP Site 50-30-11-2103, a historic industrial complex at Ahukini Point, the County DPW shall provide educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. D.Adaptive Reuse of Nawiliwili Stream Railroad Bridge, SIHP Site 50-30-11-1945 1.The County DPW shall consult with the SHPD during the design phase of the Undertaking to ensure that the adaptive reuse of the bridge complies with historic preservation design criteria approved by the SHPD Architectural Branch. 2.The County DPW shall design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without doing major damage to the existing bridge structure. 3.The KHPRC and HHF shall be given the opportunity to provide comments on the design of proposed modifications to Nawiliwili Stream Railroad Bridge at the preliminary and pre-final stages. 4.During right-of-way certification and land acquisition for the Undertaking, the County DPW shall conduct research to determine ownership of the Nawiliwili Stream Railroad Bridge and approaches, including a title search, Land Commission Award research, review of County files related to the bridge and related easements, and September 9, 2022 Page 8 consultation with the Lovell ‘Ohana regarding unrecorded easement documents. 5. The County DPW shall replace all references to "Duke's Bridge" in the project documentation with "Nawiliwili Stream Railroad Bridge". 6.Prior to undertaking modifications to the Nawiliwili Stream Railroad Bridge, the County DPW shall prepare Historic American Engineering Record (HAER) or Historic American Building Survey (HABS) documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. HAER or HABS documentation will be submitted to SHPD for review and forwarded to the National Park Service for inclusion in the Library of Congress. 7.The County DPW shall develop interpretive signage for the Nawiliwili Stream Railroad Bridge in accordance with the Interpretive Plan described below in item H. E.Mitigation for Pū‘ali (Niumalu) Bridge 1.The County DPW shall consult with the SHPD during the design phase of the Undertaking to ensure that an adequate buffer is maintained between the Pū‘ali (Niumalu) Bridge and a new, shared-use path bridge. 2.Prior to undertaking modifications to the Pū‘ali (Niumalu) Bridge, the County DPW shall prepare HAER or HABS documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. F.Design Review for Proposed Comfort Station near Ninini Point Lighthouse, SIHP Site 50-30-11-2087 1.The County DPW shall consult with the SHPD during development of design plans for a proposed comfort station at the former site of the Ninini Point Lighthouse caretaker’s house to determine appropriate design of structures. 2.The SHPD, KHPRC and HHF shall be given the opportunity to provide comments on the design of the proposed comfort station at the preliminary and pre-final stages. 3.The County DPW shall develop educational signage for Ninini Point in accordance with the Interpretive Plan described below in item H. G.Treatment of Burial Sites and Human Remains 1.The County DPW shall prepare appropriate documents as required to address the treatment of any burials or other human remains encountered in the course of this project. 2.Documentation concerning the treatment of burials or human remains shall be prepared and processed with the SHPD and KNIBC in accordance with HAR 13-13- 300. 3.The pertinent provisions of any such documents shall be executed prior to the completion of the undertaking. H.Preservation Plan / Interpretive Plan September 9, 2022 Page 9 1.The County DPW shall prepare a Preservation Plan in accordance with HAR 13-13- 277 for SIHP 50-30-11-2086 – habitation terrace, SIHP Site 50-30-2089 - possible burial mound, SIHP 50-30-11-2090 – gun emplacement foundation, SIHP 50-30-11- 2094 – pre/post-contact habitation terrace, and SIHP 50-30-11-2103 – industrial complex. 2.The Preservation Plan shall address interim and long-term preservation and educational and interpretive signage to be provided along multi-use path. Proposed interim preservation measures for the four sites will be submitted to SHPD for review and approval prior to the initiation of ground altering activities within the APE. 3.The County DPW shall consult with the SHPD, KHPRC, HHF, the Kauai Path organization and Native Hawaiian organizations who actively participated in the NHPA Section 106 consultation process in developing the interpretive signage associated with this Undertaking. Interpretive signage will be developed under the following conditions: a. Interpretive signage will address the themes of each of the historic sites identified near the project. b. Interpretive signage and programming may be developed in stages for various segments of the multi-use path. c.The SHPD will have 60 days from receipt of the submitted interpretive signage materials to review, revise, and approve the proposed signage. d.Development and implementation of interpretive signage improvements can proceed concurrently or after construction of improvements under this Undertaking. 4.The Preservation Plan shall be submitted to the SHPD for review and approval prior to implementation. I.Mitigation during Construction Activities 1. If cultural materials are discovered during construction, all earth-moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find. 2. If human remains are discovered, Hawaii Administrative Rules Title 13. Subtitle 13, Chapter 300 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains, and SHPD and Police Department will be contacted. The appropriate process would then proceed in conformance with Hawaii Administrative Rules §13-300 Subchapter 4 “Procedures for Property Treatment of Burial Sites and Human Skeletal Remains.” The County of Kauai will prevent the disturbance or taking of any historic property or resource to the extent possible by instituting these mitigation measures and enforcing their implementation by contractors. September 9, 2022 Page 10 V. FEDERAL FUNDING The proposed project will be funded from a combination of Federal and County funds. The project will receive funding from the Federal Highway Administration (FHWA) and is therefore a federal undertaking as defined in 36 CFR 800.16(y). Consultation under Section 106 of the National Historic Preservation Act (NHPA) has been completed for the project. The SHPO concurred with FHWA’s finding of “no adverse effect” determination in a letter dated June 12, 2020 (Log No.: 2020.01075, Doc. No.: 2006SH10). Sincerely, cc: Emma Kawamoto , HDOT County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 15 Archaeological Inventory Survey Documents Archaeological Literature Review and Field Inspection, June 2008. Archaeological Inventory Survey, September 2009. NEIL ABERCROMBIE GOVERNOR OF HAWAII WILLIAM J. AILA, JR. CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT ESTHER KIA‘AINA INTERIM FIRST DEPUTY WILLIAM M. TAM DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES POST OFFICE BOX 621 HONOLULU, HAWAII 96809 January 21, 2014 Mr. David W. Shideler LOG NO: 2013.6321, 2014.00187 Cultural Surveys Hawai‘i, Inc. DOC NO: 1401SL17 P.O. Box 1114 Archaeology Kailua, HI 96734 Dear Mr. Shideler: SUBJECT: Chapter 6E-8 and National Historic Preservation Act (NHPA) Section 106 Review– Archaeological Inventory Survey Report for the Nāwiliwili-Ahukini Bike Path Project Nāwiliwili, Kalapakī, and Hanamā‘ulu Ahupua‘a, Līhu‘e District, Kaua‘i Island TMK: (4) 3-5-001:004, 008, 027, 060, 083, 085, 102, 118, 128, 159, and 160 por. and various rights-of-way between various plats Thank you for the opportunity to review this revised report titled Archaeological Inventory Survey Report for the Nāwiliwili-Ahukini Bike Path Project Nāwiliwili, Kalapakī, and Hanamā‘ulu Ahupua‘a, Līhu‘e District, Kaua‘i Island TMK: (4) 3-5-001:004, 008, 027, 060, 083, 085, 102, 118, 128, 159, and 160 por. and various rights-of-way between various plats (Altizer and Hammatt, November 2013). We received this revised draft on November 12, 2013 (Log No. 2013.6321). We subsequently determined the archaeological inventory survey (AIS) report did not indicate the project is a federal undertaking and did not include significance assessments using National Register criteria (January 3, 2014; email from Lebo to Shideler). We received the newly-revised AIS (Altizer and Hammatt, January 2014) and accompany materials via email on January 12 and 18, 2014 (Log No. 2014.00187). The Federal Highway Administration (FHWA) is funding the State of Hawai‘i Department of Transport’s (HDOT) and County of Kaua‘i Department of Public Work’s (DPW) plan to develop the Nāwiliwili to Anahola Shared-Use Path proposed in the 1994 State of Hawai‘i Master Plan – Bike Plan Hawai‘i, and in the 2003 Bike Plan Hawai‘i update. Due to Federal Highway Administration (FHWA) funding through the State of Hawai‘i Department of Transportation (HDOT), this project is a federal undertaking requiring compliance with Section 106 of the National Historic Preservation Act (NHPA), and 36 Code of Federal Regulations (CFR) Part 800. The current AIS was conducted at the request of R.M. Towill Corporation for portions of the Nāwiliwili-Ahukini Bike Path Project, which is located in coastal and near coastal portions of three ahupua‘a in Līhu‘e District: Hanamā‘ulu, Kalapakī, and Nāwiliwili. The 6-mile (10 km) project area is one section of a larger 17-mile (27.4 km) project to connect Nāwiliwili with Anahola. The Area of Potential Effect (APE) for the current AIS consists of both alignment-option corridors linking Ahukini Landing, Nāwiliwili Harbor Light, Līhu‘e Airport, Kaua‘i Lagoons and Marriottt Resort, Nāwiliwili Park and Harbor, and Niumalu Park. The APE also includes all lands in the vicinity of these alignment options from the western shoulder of the mauka (inland) corridor east to the ocean. A pedestrian survey consisting of 100% coverage at 5-10 m intervals was conducted within the APE. The AIS report provides good discussions of the project, consultation, cultural and historic background research, previous investigations, field and laboratory methods and findings, as well as the significance assessments and recommendations. The AIS investigations identified 15 historic properties, of which 9 are assessed as potentially being affected by the project and also as being eligible for listing on the National/Hawai‘i Registers of Historic Places (Table 1). In 2012, the FHWA rendered an adverse effect determination for the Nāwiliwili Stream Railroad Bridge (SIHP # 50-30-11-1845) and a determination that the current AIS project would have no adverse effect on the archaeological historic properties within the project area (Nickelson to Aila, July 25, 2012). The archaeological historic properties are being addressed in a Memorandum of Agreement to be submitted to the Advisory Council on Historic Preservation. The recommended mitigation measures will reduce the project's potentially adverse effect on these significant historic properties. Mr. Shideler January 21, 2014 Page 2 The revisions made to this document adequately address the major concerns raised in our prior correspondence (April 21, 2010, Log No. 2010.0723, Doc. No. 1004NM62; November 9, 2012, SHPD and CSH consultation, Lebo and Shideler; January 3, 2014, email from Lebo to Shideler; and January 18, 2014, email from Shideler to Lebo). The archaeological inventory survey report meets the requirements of the Secretary of Interior Standards for Archaeological Documentation and Hawaii Administrative Rule §13-276-5. It is accepted by SHPD. Please send one hardcopy of the document, clearly marked FINAL, along with a copy of this review letter and a text-searchable PDF version on CD to the Kapolei SHPD office, attention SHPD Library. Please contact me at (808) 692-8019 or at Susan.A.Lebo@hawaii.gov if you have any questions or concerns regarding this letter. Aloha, Susan A. Lebo, PhD Oahu Lead Archaeologist Table 1. Sites Assessments using National/Hawaii-Register Significance Criteria and HAR §13-275-6 Significance Criteria, and Site Recommendations SIHP Description Significance Criteria Recommendation NR/HR HAR §13-275-6 50-30-11-422 Plantation wall Not significant Not significant No further work 50-30-11-423 Plantation wall Not significant Not significant No further work 50-30-11-2086 Pre-Contact habitation terrace D “d” and “e” Preservation, avoid with 20-ft buffer 50-30-11-2087 Historic lighthouse and associated habitation remnants C and D “c” and “d” Preservation of remaining structure; adaptive reuse 50-30-11-2088 Military concrete slab base of communications tower D “d” No further work 50-30-11-2089 Historic mounds, possible burial D “d” and “e” Preservation in place; avoid w/50-ft buffer; data recovery prior to construction 50-30-11-2090 Military structural foundation, gun emplacement D “d” Preservation; avoid w/20-ft buffer 50-30-11-2091 Historic habitation foundation Not significant Not significant No further work 50-30-11-2092 Historic septic, outhouse and cesspool D “d” No further work 50-30-11-2093 Plantation ditch Not significant Not significant No further work 50-30-11-2094 Pre-/Post-Contact habitation terrace D “d” and “e” Preservation; avoid w/20-ft buffer 50-30-11-2095 Pre-Contact scatter, activity area D “d” and “e” No further work 50-30-11-2096 Historic ditch Not significant Not significant No further work 50-30-11-2097 Historic ditch Not significant Not significant No further work 50-30-11-2103 Historic structural foundations, industrial complex D “d” Preservation, educational signage DEREK S.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR 4444 Rice Street, Suite 275 • Līhu‘e, Hawai‘i 96766 • (808) 241-4992 (b) • (808) 241-6604 (f) An Equal Opportunity Employer DEPARTMENT OF PUBLIC WORKS TROY K. TANIGAWA, P.E., ACTING COUNTY ENGINEER BOYD GAYAGAS, DEPUTY COUNTY ENGINEER 000000 September 28, 2021 TO: Alan Downer PhD, Administrator State Historic Preservation Division Department of Land and Natural Resources 601 Kamokila Boulevard, Suite 555 Kapolei, Hawai‘i 96707 via: https://shpd.hawaii.gov/hicris SUBJECT: Historic Preservation Review , Chapter 6E-8, Hawai‘i Revised Statute (HRS) Nāwiliwili – Ahukini Shared-Use Path Project Līhu‘e District (puna moku), Island of Kaua‘i, Hawai‘i Ahupua‘a of Nāwiliwili, Kalapakī , and Hanamā‘ulu Federal Aid Project Number: CMAQ-0700 (57) Tax Map Key Numbers: (4) 3-2-02:1 & Niumalu Road; 3-2-03: Niumalu & Wa‘apā Roads; 3-2-04:1, 2, 3 & Wa‘apā Road; 3-5-01:4, 5, 8, 27, 102, 117, 118; 3-5- 02:2; 3-6-02:Kā’ana Street, Hardy Street, Rice Street, & ‘Umi Street; 3-6-08: Wa‘apā Road, Nāwiliwili Stream; and 3-7-02: Ahukini Road Dear Mr. Downer, The County of Kaua‘i, Department of Public Works (DPW) submits this letter to provide a project summary for the State Historic Preservation Division (SHPD) review per Hawai‘i Revised Statutes (HRS) Chapter 6E-8 in connection with the Nawiliwili – Ahukini Shared-Use Path project. The DPW, plans to develop a coastal, shared-use path between Nawiliwili Park and Ahukini Landing in Lihue District on the island of Kauai. A path section is also proposed between Nawiliwili Park and Niumalu Park. Additional path sections would connect the coastal path to the Lihue Civic Center and Lihue Airport. The project is a key section 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 planned project consists of a 12-foot wide concrete shared-use coastal path. Bike lane and sidewalk improvements to existing and planned street corridors would provide additional connections through urban areas. Path improvements and amenities include separated crossings at major drainage ways, educational and informational signage, a comfort station at Ninini Point, adaptive reuse of the Nawiliwili Stream Railroad Bridge, and various improvements at Nawiliwili Park to be coordinated with the park’s master plan. The project would benefit residents and visitors by preserving coastal access, creating a new safe recreational resource and supporting alternative modes of transportation to connect key community centers, including residential neighborhoods, commercial centers, parks, and the airport and harbor. Per HRS Chapter 6E-8 and Hawai‘i Administrative Rules (HAR) Chapter 13-275, the DPW offers the following documentation: Dr. Downer September 28, 2021 Page 2 of 9 I. IDENTIFICATION AND INVENTORY OF HISTORIC PROPERTIES There are 26 historic properties documented in the project area. The historic properties are listed by SIHP number in Table 1 along with recommended mitigation measures that were developed in consultation with SHPD and consulting parties as part of the NHPA 106 consultation process: Table 1 State Historic Sites Located in the Project Area SIHP No. Site Description Recommendations 50-30-11-009 Kuhiau Heiau. Nawiliwili; A large paved heiau, whose enclosure covered an area of about four acres; long since destroyed. Previously documented. No further work. Describe in interpretive display at Nawiliwili Park 50-30-11-100 Ninini Heiau. near Nawiliwili Harbor Light. Previously destroyed. Documented as destroyed by Thrum (in Bennett 1931). Describe in interpretive display. 50-30-11-101 Ahukini Heiau, near Ahukini Point midway between Ninini Point and Ahukini Landing. Previously recorded foundations not re-located, likely destroyed by erosion and Hurricane Iniki in 1993. Describe in interpretive display. 50-30-11-421 Midden Scatter of marine shells Previously recorded. No further work. 50-30-11-422*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-423*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-424 Oval Terrace Alignment Previously recorded. No further work. 50-30-11-1845 Historic Railroad Bridge Preserve existing structure. Retrofit new deck and railings as part of shared-use path project. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. Describe in interpretive display. 50-30-11-6009 Nawiliwili Cemetery Avoid. 50-30-08-3958 Historic remnants of a piggery. Previously recorded. No further work. 50-30-08-9000 Ahukini Landing Avoid 50-30-08-9402 Historic Building Remnant at Site of Radio Station KIVM Avoid 50-30-11- 2086* Pre-contact Terrace Habitation Preservation. Avoid with a 20- foot buffer. 50-30-11- 2087* Historic Lighthouse and associated habitation (caretaker’s residence). Preserve remaining structure. Adaptive re-use of the site and educational signage. Dr. Downer September 28, 2021 Page 3 of 9 Table 1 State Historic Sites Located in the Project Area SIHP No. Site Description Recommendations 50-30-11- 2088* Military Concrete slab. The base of a communications tower. Data recovered and recorded. No further work. 50-30-11- 2089* Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. 50-30-11- 2090* Military. Structural foundation for gun emplacement. Preserve in place. Avoid site by establishing a 20-foot protective buffer. Install educational signage. 50-30-11- 2091* Historic habitation foundation. Data recovered and recorded. No further work 50-30-11- 2092* Historic Septic Outhouse and cesspool Data recovered and recorded. No further work 50-30-11- 2093* Plantation-era ditch drainage. Data recovered and recorded. No further work. 50-30-11- 2094* Pre-contact/historic terrace habitation. Preservation. Avoid with a 20- foot buffer. 50-30-11- 2095* Pre-contact Scatter Activity area Data recovered and recorded. No further work. 50-30-11- 2096* Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11- 2097* Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11- 2103* Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. *Historic sites identified during the archaeological inventory survey of the coastal area between Ahukini Landing and Ninini Point. II. EVALUATION OF SIGNIFICANCE Of the 26 documented historic properties in the APE, the following 9 properties listed in Table 2 retain aspects of historic integrity that qualify the property for the National Register: Table 2 State Historic Sites in the APE that Retain Aspects of Historic Integrity SIHP No. Site Description Eligibilit y Criteria* Aspects of Integrity 50-30-11-1845 Historic Railroad Bridge. Constructed 1931. A, C Location, design, setting, materials, workmanship, feeling and association. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) A, B, D, E Location, setting, feeling and association. Dr. Downer September 28, 2021 Page 4 of 9 Table 2 State Historic Sites in the APE that Retain Aspects of Historic Integrity 50-30-08-9000 Ahukini Landing. Constructed prior to 1927. D Location, design, setting, materials, feeling and association. 50-30-11- 2086* Pre-contact Terrace Habitation D, E Location, design, setting, materials, workmanship, feeling. 50-30-11-2087 Historic Lighthouse and associated habitation (caretaker’s residence). Constructed 1933. C, D Location, design, setting, materials, workmanship, feeling and association. 50-30-11-2089 Historic Mounds. Possible Burial. D, E Location, setting, materials. 50-30-11-2090 Military. Structural foundation for gun emplacement. Constructed in 1942. D Location, design, setting, materials, workmanship, feeling. 50-30-11-2094 Pre-contact/historic terrace habitation. D, E Location, design, setting, materials, workmanship, feeling. 50-30-11-2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp. Constructed prior to 1927. D Location, design, setting, materials, feeling and association. * Eligibility Criteria for inclusion on the National Historic Register (Criteria A through D) and on the State of Hawaii Register of Historic Places (Criterion E). III. EFFECT DETERMINATION DPW offers a “effect, with proposed mitigation commitments” determination for this project. IV. PROPOSED MITIGATION COMMITMENTS The DPW will commit to the following measures to avoid, minimize and mitigate any significant impacts to the historic properties along Nāwiliwili-Ahukini Shared-Use Path. Mitigation measures for specific historic sites are summarized in Table 3. Additional commitments are listed below. Table 3 No Adverse Effect for the following historic properties within the APE SIHP No. Site Description Mitigation Commitment 50-30-11-1845 Nawiliwili Stream Railroad Bridge Preserve existing structure. Adaptive reuse in accordance with historic preservation design guidelines Dr. Downer September 28, 2021 Page 5 of 9 developed in consultation with the SHPD, Architectural Branch. Design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without damaging the existing bridge structure. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. Describe in interpretive display. 50-30-08-9000 Ahukini Landing Avoid. Refer to SIHP # 50-30-11- 2103 below. 50-30-11- 2086* Pre-contact Terrace Habitation Preservation. Avoid with a 20-foot buffer. 50-30-11-2087 Historic Lighthouse and associated habitation (caretaker’s residence). Preserve remaining structure. Adaptive re-use of the site and educational signage. 50-30-11-2089 Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. 50-30-11-2090 Military. Structural foundation for gun emplacement. Preserve in place. Avoid site by establishing a 20-foot protective buffer. Install educational signage. 50-30-11-2094 Pre-contact/historic terrace habitation. Preservation. Avoid with a 20-foot buffer. 50-30-11-2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. The DPW shall ensure that the following measures are implemented to avoid and minimize potential impacts to archaeological, cultural, and historic resources: A.Supplemental Archaeological Inventory Survey 1.The County DPW shall prepare a Supplemental Archaeological Inventory Survey (AIS), in accordance with Hawaii Administrative Rules (HAR) 13-13-276, for the “Secondary Network Routes” located in interior lands prior to the design and construction of those alignments. 2.The AIS shall be submitted by the County DPW, after review by the FHWA and HDOT, to the SHPD for review, including opportunity for public comment, in accordance with HAR 13-13-275. Unless the SHPD objects within 45 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. Dr. Downer September 28, 2021 Page 6 of 9 B.Archaeological Monitoring Plan 1.The County DPW shall develop an archaeological monitoring plan (AMP), in accordance with HAR 13-13-279, with a combination of on-site and on-call monitoring during all ground-disturbing activities related to the Undertaking. 2.If determined to be necessary by the SHPD, a supplemental AMP will be prepared for future work to construct secondary path alignments, based on the findings of a supplemental AIS to be prepared for those secondary alignments. 3.The AMP shall include provisions for addressing burial treatment that are to be implemented in the event of an inadvertent find during construction activities. 4.The AMP will be developed and implemented by a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualifications Standards for Archeology (Federal Register, Vol. 48, No. 190, page 44738-9). 5.The AMP will include the following major elements: a.Archaeological monitoring provisions and procedures to be implemented during the course of the Undertaking's implementation; and b.Specific levels of archaeological monitoring determined to be appropriate for each path section, and c.A follow-up monitoring report for the Undertaking shall be submitted to the SHPD. The monitoring report, containing the location and description of any human burial remains discovered during the course of the Undertaking, shall remain confidential and the precise location data may be provided in a separate confidential index. 6.The AMP shall be submitted by the County DPW, after review by HDOT and FHWA, to the SHPD for a 30-day review. Unless the SHPD objects within 30 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. C.Mitigation Measures for Historic Properties To reduce the potential for adverse effects on historic properties, the County DPW shall ensure that the following mitigation measures are incorporated in the design of the Undertaking and in effect prior to commencement of ground disturbing activities: 1.For State Inventory of Historic Places (SIHP) Site 50-30-11-2086, a pre-contact habitation terrace, the County DPW shall provide a 30-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 2.For SIHP Site 50-30-2089, a possible burial mound, the County DPW shall provide a 50- foot preservation buffer in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 3.For SIHP Site 50-30-11-2090, a World War II era military gun emplacement related to the defense of Kauai Island, the County DPW shall provide a 20-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 4.For SIHP Site 50-30-11-2094, a pre-contact habitation terrace, the County DPW shall provide a 20-foot buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 5.For SIHP Site 50-30-11-2103, a historic industrial complex at Ahukini Point, the County DPW shall provide educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. D.Adaptive Reuse of Nawiliwili Stream Railroad Bridge, SIHP Site 50-30-11-1945 1.The County DPW shall consult with the SHPD during the design phase of the Dr. Downer September 28, 2021 Page 7 of 9 Undertaking to ensure that the adaptive reuse of the bridge complies with historic preservation design criteria approved by the SHPD Architectural Branch. 2.The County DPW shall design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without doing major damage to the existing bridge structure. 3.The KHPRC and HHF shall be given the opportunity to provide comments on the design of proposed modifications to Nawiliwili Stream Railroad Bridge at the preliminary and pre-final stages. 4.During right-of-way certification and land acquisition for the Undertaking, the County DPW shall conduct research to determine ownership of the Nawiliwili Stream Railroad Bridge and approaches, including a title search, Land Commission Award research, review of County files related to the bridge and related easements, and consultation with the Lovell ‘Ohana regarding unrecorded easement documents. 5.The County DPW shall replace all references to "Duke's Bridge" in the project documentation with "Nawiliwili Stream Railroad Bridge". 6.Prior to undertaking modifications to the Nawiliwili Stream Railroad Bridge, the County DPW shall prepare Historic American Engineering Record (HAER) or Historic American Building Survey (HABS) documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. HAER or HABS documentation will be submitted to SHPD for review and forwarded to the National Park Service for inclusion in the Library of Congress. 7.The County DPW shall develop interpretive signage for the Nawiliwili Stream Railroad Bridge in accordance with the Interpretive Plan described below in item H. E.Mitigation for Pū‘ali (Niumalu) Bridge 1.The County DPW shall consult with the SHPD during the design phase of the Undertaking to ensure that an adequate buffer is maintained between the Pū‘ali (Niumalu) Bridge and a new, shared-use path bridge. 2.Prior to undertaking modifications to the Pū‘ali (Niumalu) Bridge, the County DPW shall prepare HAER or HABS documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. F.Design Review for Proposed Comfort Station near Ninini Point Lighthouse, SIHP Site 50-30-11-2087 1.The County DPW shall consult with the SHPD during development of design plans for a proposed comfort station at the former site of the Ninini Point Lighthouse caretaker’s house to determine appropriate design of structures. 2.The SHPD, KHPRC and HHF shall be given the opportunity to provide comments on the design of the proposed comfort station at the preliminary and pre-final stages. 3.The County DPW shall develop educational signage for Ninini Point in accordance with the Interpretive Plan described below in item H. G.Treatment of Burial Sites and Human Remains 1.The County DPW shall prepare appropriate documents as required to address the Dr. Downer September 28, 2021 Page 8 of 9 treatment of any burials or other human remains encountered in the course of this project. 2.Documentation concerning the treatment of burials or human remains shall be prepared and processed with the SHPD and KNIBC in accordance with HAR 13-13-300. 3.The pertinent provisions of any such documents shall be executed prior to the completion of the undertaking. H.Preservation Plan / Interpretive Plan 1.The County DPW shall prepare a Preservation Plan in accordance with HAR 13-13-277 for SIHP 50-30-11-2086 – habitation terrace, SIHP Site 50-30-2089 - possible burial mound, SIHP 50-30-11-2090 – gun emplacement foundation, SIHP 50-30-11-2094 – pre/post-contact habitation terrace, and SIHP 50-30-11-2103 – industrial complex. 2.The Preservation Plan shall address interim and long-term preservation and educational and interpretive signage to be provided along multi-use path. Proposed interim preservation measures for the four sites will be submitted to SHPD for review and approval prior to the initiation of ground altering activities within the APE. 3.The County DPW shall consult with the SHPD, KHPRC, HHF, the Kauai Path organization and Native Hawaiian organizations who actively participated in the NHPA Section 106 consultation process in developing the interpretive signage associated with this Undertaking. Interpretive signage will be developed under the following conditions: a.Interpretive signage will address the themes of each of the historic sites identified near the project. b.Interpretive signage and programming may be developed in stages for various segments of the multi-use path. c.The SHPD will have 60 days from receipt of the submitted interpretive signage materials to review, revise, and approve the proposed signage. d.Development and implementation of interpretive signage improvements can proceed concurrently or after construction of improvements under this Undertaking. 4.The Preservation Plan shall be submitted to the SHPD for review and approval prior to implementation. I.Mitigation during Construction Activities 1.If cultural materials are discovered during construction, all earth-moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find. 2.If human remains are discovered, Hawaii Administrative Rules Title 13. Subtitle 13, Chapter 300 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains, and SHPD and Police Department will be contacted. The appropriate process would then proceed in conformance with Hawaii Administrative Rules §13-300 Subchapter 4 “Procedures for Property Treatment of Burial Sites and Human Skeletal Remains.” The County of Kauai will prevent the disturbance or taking of any historic property or resource to the extent possible by instituting these mitigation measures and enforcing their implementation by contractors. V. FEDERAL FUNDING Dr. Downer September 28, 2021 Page 9 of 9 The proposed project will be funded from a combination of Federal and County funds. The project will receive funding from the Federal Highway Administration (FHWA) and is therefore a federal undertaking as defined in 36 CFR 800.16(y). Consultation under Section 106 of the National Historic Preservation Act (NHPA) has been completed for the project. The SHPO concurred with FHWA’s finding of “no adverse effect” determination in a letter dated June 12, 2020 (Log No.: 2020.01075, Doc. No.: 2006SH10). Sincerely, Troy K. Tanigawa Acting County Engineer cc: Emma Kawamoto , HDOT County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 16 Ka Pa’akai Analysis Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 1 Ka Pa‘akai Analysis Article XII, Section 7 of the Hawai‘i Constitution obligates the State and it’s political subdivisions to protect the reasonable exercise of customarily and traditionally exercised rights of native Hawaiians to the extent feasible when granting permits and approvals under State law. In order to effectuate the State’s obligation to protect native Hawaiian customary and traditional practices while reasonably accommodating competing land use interests, the Hawai‘i Supreme provided the following analytical framework as an outcome of Ka Pa‘akai O Ka‘aina v. Land Use Commission (94 Hawai‘i 31, 7 P.3d 1068, September 11, 2000). The framework is referred to as Ka Pa‘akai Analysis and consists of three parts: 1. Identify the scope of “valued cultural, historical and natural resources” in the petition area, including the extent to which traditional and customary rights and practices are exercised in the affected area; 2.Determine the extent to which those resources, including traditional and customary native Hawaiian rights, will be affected or impaired by the proposed action; and 3. Identify feasible actions, if any, that should be taken by the applicant to reasonably protect Native Hawaiian rights and practices if they are found to exist. Project Description: The County of Kaua‘i, Department of Public Works (DPW) plans to develop a coastal, shared-use path between Nāwiliwili Park and Ahukini Landing in Lihue District on the island of Kauai. A path section is also proposed between Nāwiliwili Park and Niumalu Park. Additional path sections would connect the coastal path to the Lihue Civic Center and Lihue Airport. The project is a key section of Ke ala Hele Makalae, the 16-mile Nāwiliwili 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 project will be undertaken in five phases: A, B1, B2, B3 and B4. Phase A is currently in the permitting stage. Phases B1 through B4 will be undertaken later as circumstances allow. The proposed Phase A of the Nāwiliwili-Ahukini Shared-Use Path Project and consists of the following path segments: Preliminary Coastal Path Alignment: •Segment A – Ahukini Landing to Ninini Point Lighthouse to Ninini Point Street. The total length of Segment A is 19,000 lf. This segment will be constructed as a 10- to 12-foot-wide concrete path. Segment A details include: The concrete path will be pigmented to match the color of the native soil and be compatible with the appearance of the natural setting. The concrete path will be constructed with saw-cuts spaced every 5 feet so that individual panels can be relocated in the future if necessary. A 3-foot-wide vegetated shoulder will be created on each side of the path. Use drought tolerant native or indigenous plant species that are common to the local area. If site conditions do not support the establishment and growth of native or indigenous plant species, other non-invasive species may be substituted to ensure soil stability and erosion protection. Grading and excavation required for construction of the path and related amenities will be designed to minimize the amount of cut and fill required. The path alignment was selected to take advantage of natural grades to meet ADA accessibility standards for slopes with a minimal amount of ground disturbance and related costs. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 2 One pre-fabricated bridge span will be installed across an existing drainage way. Three existing drainage culverts will be modified and widened as necessary to accommodate the path and/or joint use of the existing crossing with the existing dirt road, to be determined during design. Separation between the path and road will be provided as necessary by means of bollards constructed of boulders, timber, or concrete, or other physical barrier to prevent motor vehicle access on the concrete path. Bollards and/or barriers will be designed and installed to be secure against dislodging by vehicle winch and to have minimal visual impact in the landscape. Public motor vehicle access on the existing dirt road will remain as a permitted use. Access across the concrete path will be provided at select locations to allow motor vehicle access to fishing spots on the shoreline. Bollards will be installed at crossings to prevent motor vehicle access onto the concrete path. All other fishing sites along the coast will remain accessible by foot. Approximately 3,000 lf of protective fencing will be installed along the path segment between Ninini Point and Timbers Resorts Hōkūala Golf Course Hole 13 and/or around Wedge-tail Shearwater nesting areas. Fencing will be designed to prevent dogs from entering protected areas. Fence materials and construction will be selected for durability in the harsh coastal environment. An inspection / maintenance program will be prepared by the County to ensure that the fence remains intact and in good condition and that necessary repairs are made in a timely fashion. A comfort station will be constructed at Ninini Point Lighthouse with men’s and women’s lavatories, drinking fountain, and lighting. Comfort station program details include: –Locate the comfort station at the site of the former lighthouse caretaker’s residence to take advantage of a previously disturbed building site. –Base the building design on native architectural forms or natural land forms. –Use natural materials and colors for exterior surfaces to minimize visual impacts. Avoid use of bright or reflective colors. –Keep exterior lighting to a minimum required for safety and security. Lighting will use low-intensity sources that emit long wavelength light (e.g. yellow or amber globes). Light sources will be shielded or angled downward to eliminate glare that would disturb or disorient animals. –Use an individual wastewater system or composting toilet for wastewater disposal. Electrical power will be supplied by existing overhead utility lines or photovoltaic cells. A water line will be installed with connection to a water service main on Ninini Point Street. A paved parking area will be developed at the Ninini Point Lighthouse with space for 10 automobiles. Interpretive signage will be installed at Ninini Point describing: –The history of Näwiliwili Harbor and historic and cultural resources in the vicinity: Hawaiian settlement patterns, Ninini Heiau and Kuhiau Heiau, and development of Lïhu‘e Airport. –The natural history of the area, including surrounding landmarks and natural features (e.g. Ha’upu, Näwiliwili, and Kalapakï), unique flora and fauna and marine animals, and protected bird species known from the area, (e.g. nesting colonies of Wedge-tail Shearwater and Nënë). –Identify views and points of interest. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 3 Signage will be provided as necessary to inform path users about safety, orientation, conservation efforts, user’s responsibilities, regulatory restrictions and other relevant information. Gates will be installed at the path entrance at Ahukini Landing and on the airport perimeter road (Ninini Point Street) to facilitate closure of the coastal area in the event of an airport incident or security operation. Signs at the gate will inform the public of access restrictions related to airport operations and security Utility pull-boxes that serve airport facilities and that are located near the shared- use path will be modified so that they can be locked against vandalism and theft. No picnic pavilions, picnic tables, or bike racks will be installed along the path corridor between Ahukini Landing and Ninini Point, except for proposed improvements at Ninini Point. Shared-use Road Segments: •Segment C – Ninini Point Street from the Segment A Connection to Kapule Highway. •Segment D – Kapule Highway / Ninini Point Street Intersection to Ho'olaule'a Way. This will be constructed by the landowner. •Segment G – Ahukini Point to Lihue Airport on Ahukini Road. •Segment H – Lihue Airport to Kapule Highway. Improvements include striping, stenciling, signage and installation of bike storage lockers. For the shared-use road segments, improvements will consist of striping and/or stenciling the existing paved roadways and the installation of “shared-use” road signage. Phase A segments that are to be constructed by Timbers Resort include: •Segment B – An approximately 5,600-lf segment that is being constructed entirely by Timbers Resort in accordance with Condition No. 9 of Amendment to Special Management Permit SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, and Class IV Zoning permit Z-IV-2005-30 and Special Permit SP-2008-4; and Condition No. 7 of Zoning Ordinance No. PM-2006-383. •Segment D – An approximately 2,000-lf portion is within the SMA. The entire segment will be constructed by Timbers Resort under a separate SMA permit. Project Rationale: The project will benefit residents and visitors by preserving coastal access; creating a new safe recreational resource; supporting alternative modes of transportation to connect key community centers, including residential neighborhoods, commercial centers, parks, and the airport; and promoting health and wellness. The existing road system that connects Nāwiliwili Bay, Līhu‘e, and the towns along the windward coast of Kaua‘i provides scant accommodation for non-motorized modes of transportation. Until the development of Ke Ala Hele Makalae was initiated, there had been no dedicated system of paths or lanes for pedestrians and bicyclists to travel between employment centers, parks, and the towns and major civic facilities in the region. Within the subject project corridor, existing pedestrian sidewalks, bike lanes, and paths remain disconnected and ancillary to the motorized vehicle roadways. As a result, there is little to encourage residents and visitors to use non-motorized vehicles as a viable means of transportation. Only the most intrepid bicyclists travel the narrow shoulders along Kapule and Kuhio Highway. The project corridor along the coast is currently open for enjoyment by the public. The segment between Ahukini Landing and Ninini Point in particular provides a wild, open-space coastal experience, relatively untouched by development, located minutes from downtown Līhu‘e. However, the existing dirt access Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 4 road and informal trails to the shoreline are unimproved and difficult to navigate without an off-road vehicle. Access to this resource is prohibitively difficult to many members of the public. The purpose of the project is to support transportation alternatives to the automobile, to provide non- motorized path facilities for pedestrians and cyclists for recreation and fitness, and to preserve coastal areas and access. In addition, the project is being developed to enhance the quality of life for Kaua‘i’s residents by providing a safe and enjoyable place for families, friends, and individuals to play, socialize, and experience the beauty of the coastal open spaces. The project seeks to address access availability to a variety of users of different ages, physical condition, and age levels. Finally, implementation of the Nāwiliwili – Ahukini Shared-Use Path Project will help fulfill the State Department of Transportations’ Bike Plan Hawai‘i, which identifies the need for transportation improvements that support non-motorized modes of travel. Consultation On behalf of the Applicant, County of Kaua‘i, planning consultant, R. M. Towill Corporation (RMTC), conducted consultation as part of the National Historic Preservation Act (NHPA), Section 106 process with kūpuna from the project area who have knowledge of traditional cultural practices and resources in the petition area, and conducted background studies, including an archaeological inventory survey and archaeological literature review and field inspection. The information from that consultation research is used as the basis for this the Ka Pa‘akai Analysis. The following individuals and Native Hawaiian organizations, kūpuna and cultural practitioners (NHO’s) provided comments through meetings conducted for the NHPA Section 106 Consultation Process. Office of Hawaiian Affairs (OHA) and Native Hawaiian Historic Preservation Council (NHHPC) Consultation with OHA and the NHHPC resulted in the following outcomes: •OHA clarified that their role is to ensure that all interested Hawaiian’s have an opportunity to participate in the consultation process in a manner that satisfies them. •Several additional NHOs, individuals and organizations were identified by OHA and the NHHPC as potential consulting parties. All of the recommended names were added to the consultation list and attempts were made to contact them. •No new information regarding historic properties was identified. •General concern was raised about potential impacts to Native Hawaiian burials. •Concern was raised about potential impacts to traditional Hawaiian marine resources from the opening of the path and increased access to coastal areas. •Concern was raised about closure of motor vehicle access to fishing spots along the coastline. •Recommendation was made for continued consultation with interested NHOs during the design stage, particularly with respect to the development of an interpretive/educational program for cultural and historic sites in the project corridor. OHA and the NHHPC were represented at the April 26, 2012 NHPA Section 106 Community Consultation meeting by Ms. Kaliko Santos and Mr. Chris Kauwe respectively. •Mr. Kauwe reiterated concerns about impacts to traditional Hawaiian marine resources and displacement of Hawaiians from opening of the path. He recommended possible adoption of a Konohiki system of resource management and rule enforcement. Mr. Kauwe is not opposed to the path project. •Ms. Santos helped identify seven additional Hawaiian families in the project region who NHO meeting participants recommended be contacted. All seven families were interviewed subsequent to the meeting. Five of the interviewees expressed no concerns regarding construction of the path. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 5 Two of the interviewees expressed concern about the proposed path: (i) restricting access to fishing sites, and (ii) generally furthering modern development of the island and comprising the Hawaiian culture, the Hawaiian people, and the Hawaiian islands. Ms. Cheryl Lovell-Obatake 1 •September 07, 2008 letter from Ms. Cheryl Lovell-Obatake commenting on the project EA. •February 08, 2010 letter responding to Ms. Lovell-Obatake’s comments. •April 02, 2012 letter from Hawai‘i Department of Transportation (HDOT) to Ms. Lovell-Obatake summarizing the findings of the NHPA Section 106 Consultation to date and inviting participation in ongoing consultation. •April 16, 2012 letter from County of Kaua‘i to Ms. Lovell-Obatake inviting her to participate in a NHPA Section 106 community consultation meeting. Ms. Lovell-Obatake attended the April 26, 2012 NHPA Section 106 Community Consultation Meeting for the project. Consultation with Ms. Lovell-Obatake resulted in the following outcomes: •Ms. Lovell-Obatake requested to be consulted during the land acquisition stage of the project with respect to unrecorded title to the land possessed by her family. •Concern expressed over impacts to water quality from runoff from the bike path. •Recommendation that Paukini Rock be included in interpretation /educational programming related to Nāwiliwili Harbor. •Ms. Lovell-Obatake requested to be consulted during the development of interpretive educational programming for the path project. •No additional information regarding historic properties or cultural practices. •Ms. Lovell-Obatake passed away on August 1, 2014. Ms. Waldeen Palmeira At the recommendation of OHA, RMTC contacted Ms. Palmeira as part of the NHPA Section 106 consultation process. •May 06, 2010 notes from phone call between RMTC and Ms. Palmeira. Ms. Palmeira provided names of six NHOs to contact. Attempts were made to contact all six individuals. •May 07, 2010 email from RMTC to Ms. Palmeira transmitting project information, copies of correspondence with the NHHPC, NHO consultation contact list, and a copy of the CIE report. •April 02, 2012 letter from HDOT to Ms. Palmeira summarizing the findings of the NHPA Section 106 Consultation to date and inviting participation in ongoing consultation. •April 16, 2012 letter from County of Kaua‘i to Ms. Palmeira inviting her to participate in a NHPA Section 106 community consultation meeting. Consultation with Ms. Palmeira resulted in the following outcomes: •Ms. Palmeira expressed opposition to the path project and is highly critical of the process for including NHOs in project consultation. She recommended that a consultation meeting(s) be held with Native Hawaiians to discuss the project. •Ms. Palmeira expressed concern for the cumulative impacts of the overall Ke Ala Hele Makalae path project. •Ms. Palmeira did not provide new information about historic properties in the project area. •Ms. Palmeira identified six additional NHOs to be contacted as part of the project. The six individuals were added to the consultation contact list and attempts were made to contact them. 1 Ms. Cheryl Lovell-Obatake deceased in 2014. Any further consultation should be directed to the representative of the Obatake family. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 6 Ms. Palmeira did not attend the April 26, 2012 NHPA Section 106 Community Consultation meeting. However, two of the NHOs she recommended to include in the contact list (Ms. Aunty Nani Rogers and Ms. Wilma Holi) did attend the meeting. Ms. Ka‘iulani Edens-Huff At the recommendation of OHA, RMTC contacted Ms. Ka‘iulani Edens-Huff as part of the NHPA Section 106 consultation process. •May 10, 2010 notes from phone call between RMTC and Ms. Edens-Huff. •May 10, 2010 email from RMTC to Ms. Edens-Huff transmitting project information, copies of correspondence with the NHHPC, and NHO consultation contact list. •April 02, 2012 letter from HDOT to Ms. Edens-Huff summarizing the findings of the NHPA Section 106 Consultation to date and inviting participation in ongoing consultation. •April 16, 2012 letter from County of Kaua‘i to Ms. Edens-Huff inviting her to participate in a NHPA Section 106 community consultation meeting. Consultation with Ms. Edens-Huff resulted in the following outcomes: •Ms. Edens-Huff expressed opposition to the path project in all its locations and forms. She is highly critical of the project purpose of enhancing coastal access. The benefit is not to the Hawaiian people. •Ms. Edens-Huff will participate in the NHPA 106 process as a Hawaiian Kingdom subject and considers the U. S. Government to be the occupier of a sovereign Hawaiian nation. •Ms. Edens-Huff recommended that we arrange a meeting with the Hawaiian community to discuss the project and listen to concerns. •Ms. Edens-Huff did not provide new information about historic properties in the project area and did not identify any additional NHOs to be contacted, deferring to Ms. Palmeira’s recommendations. Note that Ms. Edens-Huff did not attend the April 26, 2012 NHPA Section 106 Community Consultation meeting. Additional NHOs Identified during the April 26, 2012 NHPA Section 106 Community Meeting Seven individuals/families were identified by NHO participants Aunty Nani Rogers, Wilma Holi 2, and Kaliko Santos at the April 26, 2012 NHPA Section 106 Community Consultation Meeting. They include Joe Polan 3, Stanley Oana, Lester Matsushima, Leopold Durant, Roland Durant, Jacob Pia, and Laola Peahu Rapozo. Interviews were conducted with these individuals on June 13, 15, and 27, 2012. The outcomes of the interviews are as follows: •Mr. Stanley Oana identified the Hanamā`ulu Pier and railroad bridge, both located outside of the Nāwiliwili – Ahukini project area, as historically significant. He recommended restoring and preserving those historic sites. Mr. Oana also identified the presence of taro lo‘i and fish ponds in the valley on both sides of Hanamā`ulu Stream and recommended restoration of those agricultural uses. This area is also outside of the Nāwiliwili-Ahukini project area. Mr. Oana knows of no heiau sites. He is aware of present use of the coastal areas for fishing. 2 Ms. Wilma Holi deceased in 2018. Any further consultation should be directed to the representative of the Holi family. 3 Mr. Joe Polan deceased in 2017. Any further consultation should be directed to the representative of the Polan family. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 7 •Mr. Joe Polan identified the former locations of the sugar storage area, Standard Oil facility and gas tanks, and Harbor Master Bertram’s residence at Nāwiliwili Harbor. He further noted that the McCann family owns property on the right side of Nāwiliwili Bay. He identified no other historic properties or traditional uses. •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 Hanamā’ulu Railroad Bridge; the Hanamā’ulu 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 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 summary, seven long-term, culturally knowledgeable of the project area were interviewed for the project at the request of Native Hawai‘i organization participants of the April 26, 2012 Community Consultation Meeting. Five of the interviewees expressed no concerns regarding the construction of the Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 8 bike path. One of the five interviewees with no concerns believed that the bike path would enrich the community by providing access to the beautiful coastal views which are currently inaccessible and/or unnoticed. Two of the interviewees expressed concerns regarding the construction of the bike path. One concern pertained to continued access to Ahukini Point and restricted 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. Ka Pa’akai Analysis Determination The following determination is based on the information provided in the interviews with Native Hawaiian kūpuna and cultural practitioners from the project area, the archaeological inventory survey and archaeological literature review and field inspections prepared for project, and documentation of current conditions in the petition areas. Cultural Resources and Traditional Cultural Practices Early consultation with Native Hawaiian organizations and kūpuna from the project area identified the following issues of interest or concern to Native Hawaiians: •Expressed concern about impacts to water quality from runoff from the bike path. •Expressed general concern about potential impacts to Native Hawaiian burials. •Expressed concern about potential impacts to traditional Hawaiian marine resources from the opening of the path and increased access to coastal areas. •Expressed concern about displacement of Hawaiians as a result of opening of the path. •Expressed general concern that development, in general, compromises the Hawaiian culture, the Hawaiian people, and the Hawaiian Islands. •Expressed concern about closure of motor vehicle access to customary fishing spots along the coastline. •Expressed concern about maintaining continued access to Ahukini Point and Hanamaulu for customary fishing and gathering practices. •Recommendation was made to consider adoption of a Konohiki system of resource management and rule enforcement. •Expressed interest in developing appropriate interpretation /educational programming related to Paukini Rock in Nāwiliwili Harbor, •Emphasized the importance of including Native Hawaiian cultural practitioners in the development of interpretive and educational programing. •Emphasized the importance of continuing to consult with interested Native Hawaiian kūpuna and cultural practitioners during project development. The primary customary and traditional practices identified through the consultation relate to access to marine resources along the coastline and nearshore waters for fishing and gathering, and traditional stewardship of those resources to support the perpetuation of the Hawaiian people and culture. No other specific customary and traditional practices were shared by the participants. Land Tenure and Land Commission Award (LCA) Properties The following information is from Section 3.6.1 of the Archaeological Inventory Survey Report for the Nāwiliwili-Ahukini Bike Path Project Nāwiliwili, Kalapakī, and Hanamā‘ulu Ahupua‘a Līhu‘e District, Kaua‘i, dated January 2014, prepared by Cultural Surveys Hawai‘i. Land Commission Awards Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 9 The following information regarding Land Commission Awards is excerpted from the Final Archaeological Inventory Survey Report for the Nāwiliwili-Ahukini Bike Path Project, January 2014 prepared by Cultural Surveys Hawai‘i, Inc. Hanamā‘ulu Land Commission documents for Hanamā‘ulu describe lo‘i, kula, and house sites along both sides of the Hanamā‘ulu River, extending from the shore up to the village of Kapaia. Kula and lo‘i lands are often included together in one ‘āpana (portion of a claim), with house sites belonging to separate ‘āpana, slightly removed from the floodplain. There are four claims in the back bay area of Hanamā‘ulu and two claims for house lots (LCA 3650 and 3653) near the beach, south of Kapule Highway. Most of the kuleana claims for Hanamā‘ulu are located in lands that have been under sugar cane cultivation for much of the 20th century; occasionally, traditional artifacts can still be found in the cane fields. Kalapakī In Kalapakī Ahupua‘a, kalo (taro) lo‘i claims were on the north side of Nāwiliwili River (the wauke land in Claim 3907 on the south side of the river being the sole exception) and along the smaller drainages of Kalapakī and Koena‘awa, where there were also reportedly springs. Two streams, Koena‘awa-nui and Koena‘awa-iki, were also identified in the claims, but neither is named on current maps. These two streams, however, can be seen in an undated photograph on file at the Kaua‘i Museum (see Figure 1). Figure 1 – Kalapakī Bay, showing location of two streams and their outlets (red Xs) to Kalapakī Bay; Koena‘awa nui stream is on the left and Koena‘awa iki is on the right (undated photograph in Kaua‘i Museum files, see http:www.hawaii.edu/environment.ainakumuwai.html) Most Kalapakī claimants lived at the shore in the kulana kauhale, or village, of Kalapakī, located near Nāwiliwili Bay. Several claimants describe their village house lots in relation to the fishponds of Koena‘awa (Koena‘awai-nui and Koena‘awa-iki). There is also a description of the muliwai, or estuary, of Koena‘awa-nui. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 10 Claim 3640 mentions a footpath for the ‘ili of Limawela near the shore at the boundary between Hanamā‘ulu and Kalapakī. These documents therefore indicate a north/south path along the shoreline, and other paths going inland from the shore, which is a traditional transit pattern for Kaua‘i ahupua‘a. Paulo Kanoa, Governor of Kaua‘i at the time of the Māhele, claimed both the ahupua‘a of Hanamā‘ulu and Kalapakī but was awarded neither. Instead, Victoria Kamāmalu was awarded both ahupua‘a under LCA (Land Commission Award) No. 7713:2. A portion of this award (7713:2 part 7) includes land within the present project area. Following the death of Victoria Kamāmalu in 1866, Princess Ruth Ke‘elikōlani inherited her lands. In 1870, Ke‘elikōlani sold large portions of her Kalapakī and Līhu‘e lands to William Hyde Rice of Lihue Plantation. In addition, in 1870, Paul Isenberg purchased the ahupua‘a of Hanamā‘ulu from J.O. Dominis, which includes the land of the present airport area. William Hyde Rice made subsequent land purchases from Princess Ruth in 1879: William Hyde Rice, who already had his own home on the hill east of the mill, bought a large makai section of the ahupuaa of Kalapaki from Princess Ruth in 1879 and there conducted the Lihue Ranch. In later years he sold most of this land to the plantation. (Damon 1931:747) The large tracts of inland areas (kula), not in the river valleys or at the shore, are not described in the claims but were probably in use. This kula land at the time of the Māhele belonged to Victoria Kamāmalu. Land use is not elaborated in her claims for Hanamā‘ulu or Kalapakī. Traditional kula resources for all claimants would have been medicines, herbs, construction materials such as pili grass and trees for building houses, canoes, and perhaps lithic materials for tools. Sweet potatoes and other dryland crops, such as wauke, probably were cultivated in patches throughout the area at one time or another. Nāwiliwili Victoria Kamāmalu was awarded over two thousand acres of Nāwiliwili Ahupua`a (LCA 7713), along with much of Niumalu, Ha‘ikū and Kīpū, as well as Kalapakī and Hanamā‘ulu. In addition to Kamamalu’s large award at Nāwiliwili, there were many smaller kuleana awards. According to Hammatt and Creed (1993): Within the valley floor and adjacent to the alluvial plain [in Nāwiliwili] … are 14 land Commission Awards for which there are testimonies available in the Land Commission records. The awards vary in size between one to two acres and are generally around one acre. The majority of land recorded is for lo‘i (wetland agriculture) but kula (dryland plots) are present as are a few houselots. In all there are 54 lo‘i recorded. Each award is generally two to three lo‘i plots. The largest award comprised eight lo‘i; a single award consisted of one lo‘i. All awards contained lo‘i and nine of the fifteen total awards had kula lots. Without exception, the nine awards containing kula mention only one kula per award. This is of interest because it shows that the alluvial plain was not entirely dedicated to wetland planting and that a small kula lot was essential for subsistence agriculture. Some awards at Nāwiliwili mention houselots along the shoreline. Historic Properties The County of Kaua‘i identified numerous historic properties within the project area (see Figure 2). Project plans have been modified to avoid potential effects to historic properties and to create opportunities for education and interpretation. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 11 Figure 2 - State Historic Sites Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 12 Table 1 Historic Properties Located within the Project Area SIHP No. Site Description Recommendations 50-30-11-009 Kuhiau Heiau. Nāwiliwili; A large paved heiau, whose enclosure covered an area of about four acres; long since destroyed. Previously documented. No further work. Describe in interpretive display at Nāwiliwili Beach Park 50-30-11-100 Ninini Heiau, near Nāwiliwili Harbor Light. Previously destroyed. Documented by Thrum as destroyed (Bennett, 1931). Describe in interpretive display. 50-30-11-101 Ahukini Heiau, near Ahukini Point midway between Ninini Point and Ahukini Landing. Previously recorded foundations not re-located, likely destroyed by erosion and Hurricane Iniki in 1993. Describe in interpretive display. 50-30-11-421 Midden Scatter of marine shells Previously recorded. No further work. 50-30-11-422*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-423*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-424 Oval Terrace Alignment Previously recorded. No further work. 50-30-11-1845 Nāwiliwili Stream Railroad Bridge Preserve existing structure. Adaptive reuse in accordance with historic preservation design guidelines developed in consultation with the SHPD, Architectural Branch. Design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without damaging the existing bridge structure. . On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, workmanship, feeling and association. 50-30-11-1999 Paukini Rock (in Nāwiliwili Bay) Previously recorded. Describe in interpretive display. 50-30-11-6009 Nāwiliwili Cemetery Avoid. 50-30-08-3958 Historic remnants of a piggery. Previously recorded. No further work. 50-30-08-9000 Ahukini Landing n/a 50-30-08-9402 Historic Building Remnant at Site of Radio Station KIVM n/a 11-B004 Historic Cemetery near Nāwiliwili Park Avoid. 50-30-11-2086*Pre-contact Terrace Habitation Preservation. Avoid with a 20-foot Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 13 Table 1 Historic Properties Located within the Project Area buffer. 50-30-11-2087*Historic Lighthouse and associated habitation (caretaker’s residence). Preserve remaining structure. Adaptive re-use of the site and educational signage. 50-30-11-2088*Military Concrete slab. The base of a communications tower. Data recovered and recorded. No further work. 50-30-11-2089*Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. Data recovery program to be undertaken before path construction begins. 50-30-11-2090*Military. Structural foundation for gun emplacement. Preserve in place. Avoid site by establishing a 20-foot protective buffer. Install educational signage. 50-30-11-2091*Historic habitation foundation. Data recovered and recorded. No further work 50-30-11-2092*Historic Septic Outhouse and cesspool Data recovered and recorded. No further work 50-30-11-2093*Plantation-era ditch drainage. Data recovered and recorded. No further work. 50-30-11-2094*Pre-contact/historic terrace habitation. Preservation. Avoid with a 20-foot buffer. 50-30-11-2095*Pre-contact Scatter Activity area Data recovered and recorded. No further work. 50-30-11-2096*Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11-2097*Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11-2103*Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. -- Pū‘ali (Niumalu) Bridge Avoid existing bridge with a buffer. Buffer distance to be determined by the SHPD, Architectural Branch. *Historic sites identified during the archaeological inventory survey of the coastal area between Ahukini Landing and Ninini Point (CSH, April 2010). Mitigation Policies The County of Kauai will ensure that the following measures are implemented to avoid and minimize potential impacts to archaeological, cultural, and historic resources and cultural practices: A.Supplemental Archaeological Inventory Survey 1.The County DPW shall prepare a Supplemental AIS, in accordance with Hawaii Administrative Rules (HAR) 13-13-276, for the “Secondary Network Routes” located in interior lands prior to the design and construction of those alignments. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 14 2.The AIS shall be submitted by the County DPW, after review by the FHWA and HDOT, to the SHPD for review, including opportunity for public comment, in accordance with HAR 13-13-275. Unless the SHPD objects within 45 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. B.Archaeological Monitoring Plan 1.The County DPW shall develop an archaeological monitoring plan (AMP), in accordance with HAR 13-13-279, with a combination of on-site and on-call monitoring during all ground-disturbing activities related to the Undertaking. 2.If determined to be necessary by the SHPD, a supplemental AMP will be prepared for future work to construct secondary path alignments, based on the findings of a supplemental AIS to be prepared for those secondary alignments. 3.The AMP shall include provisions for addressing burial treatment that are to be implemented in the event of an inadvertent find during construction activities. 4.The AMP will be developed and implemented by a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualifications Standards for Archeology (Federal Register, Vol. 48, No. 190, page 44738-9). 5.The AMP will include the following major elements: a. Archaeological monitoring provisions and procedures to be implemented during the course of the Undertaking's implementation; and b.Specific levels of archaeological monitoring determined to be appropriate for each path section, and c.A follow-up monitoring report for the Undertaking shall be submitted to the SHPD. The monitoring report, containing the location and description of any human burial remains discovered during the course of the Undertaking, shall remain confidential and the precise location data may be provided in a separate confidential index. 6.The AMP shall be submitted by the County DPW, after review by HDOT and FHWA, to the SHPD for a 30-day review. Unless the SHPD objects within 30 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. C.Mitigation Measures for Historic Properties 1.To reduce the potential for adverse effects on historic properties, the County DPW shall ensure that the following mitigation measures are incorporated in the design of the Undertaking and in effect prior to commencement of ground disturbing activities. 2.For SIHP Site 50-30-11-2086, a pre-contact habitation terrace, the County DPW shall provide a 30-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 3.For SIHP Site 50-30-2089, a possible burial mound, the County DPW shall provide a 50- foot preservation buffer in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 4.For SIHP Site 50-30-11-2090, a World War II era military gun emplacement related to the defense of Kauai Island, the County DPW shall provide a 20-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 15 5.For SIHP Site 50-30-11-2094, a pre-contact habitation terrace, the County DPW shall provide a 20-foot buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 6.For SIHP Site 50-30-11-2103, a historic industrial complex at Ahukini Point, the County DPW shall provide educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. D.Adaptive Reuse of Nawiliwili Stream Railroad Bridge, SIHP Site 50-30-11-1945 1.The County DPW shall consult with the SHPD during the design phase of the Undertaking to ensure that the adaptive reuse of the bridge complies with historic preservation design criteria approved by the SHPD Architectural Branch. 2.The County DPW shall design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without doing major damage to the existing bridge structure. 3.The KHPRC and HHF shall be given the opportunity to provide comments on the design of proposed modifications to Nawiliwili Stream Railroad Bridge at the preliminary and pre-final stages. 4. During right-of-way certification and land acquisition for the Undertaking, the County DPW shall conduct research to determine ownership of the Nawiliwili Stream Railroad Bridge and approaches, including a title search, Land Commission Award research, review of County files related to the bridge and related easements, and consultation with the Lovell ‘Ohana regarding unrecorded easement documents. 5.The County DPW shall replace all references to "Duke's Bridge" in the project documentation with "Nawiliwili Stream Railroad Bridge". 6.Prior to undertaking modifications to the Nawiliwili Stream Railroad Bridge, the County DPW shall prepare Historic American Engineering Record (HAER) or Historic American Building Survey (HABS) documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. HAER or HABS documentation will be submitted to SHPD for review and forwarded to the National Park Service for inclusion in the Library of Congress. 7.The County DPW shall develop interpretive signage for the Nawiliwili Stream Railroad Bridge in accordance with the Interpretive Plan described below in item H. E.Mitigation for Pū‘ali (Niumalu) Bridge 1.The County DPW shall consult with the SHPD during the design phase of the Undertaking to ensure that an adequate buffer is maintained between the Pū‘ali (Niumalu) Bridge and a new, shared-use path bridge. 2.Prior to undertaking modifications to the Pū‘ali (Niumalu) Bridge, the County DPW shall prepare HAER or HABS documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 16 F.Design Review for Proposed Comfort Station near Ninini Point Lighthouse, SIHP Site 50-30-11-2087 1.The County DPW shall consult with the SHPD during development of design plans for a proposed comfort station at the former site of the Ninini Point Lighthouse caretaker’s house to determine appropriate design of structures. 2.The SHPD, KHPRC and HHF shall be given the opportunity to provide comments on the design of the proposed comfort station at the preliminary and pre-final stages. 3.The County DPW shall develop educational signage for Ninini Point in accordance with the Interpretive Plan described below in item H. G.Treatment of Burial Sites and Human Remains 1.The County DPW shall prepare appropriate documents as required to address the treatment of any burials or other human remains encountered in the course of this project. 2. Documentation concerning the treatment of burials or human remains shall be prepared and processed with the SHPD and Kauai Niihau Islands Burial Council in accordance with HAR 13-13-300. 3.The pertinent provisions of any such documents shall be executed prior to the completion of the undertaking. H.Preservation Plan / Interpretive Plan 1.The County DPW shall prepare a Preservation Plan in accordance with HAR 13-13-277 for SIHP 50-30-11-2086 – habitation terrace, SIHP Site 50-30-2089 - possible burial mound, SIHP 50-30-11-2090 – gun emplacement foundation, SIHP 50-30-11-2094 – pre/post-contact habitation terrace, and SIHP 50-30-11-2103 – industrial complex. 2.The Preservation Plan shall address interim and long-term preservation and educational and interpretive signage to be provided along multi-use path. Proposed interim preservation measures for the four sites will be submitted to SHPD for review and approval prior to the initiation of ground altering activities within the APE (see Figure 3). 3.The County DPW shall consult with the SHPD, KHPRC, HHF, the Kauai Path organization and Native Hawaiian organizations who actively participated in the NHPA Section 106 consultation process in developing the interpretive signage associated with this Undertaking. Interpretive signage will be developed under the following conditions: a.Interpretive signage will address the themes of each of the historic sites identified near the project. b. Interpretive signage and programming may be developed in stages for various segments of the multi-use path. c.The SHPD will have 60 days from receipt of the submitted interpretive signage materials to review, revise, and approve the proposed signage. d. Development and implementation of interpretive signage improvements can proceed concurrently or after construction of improvements under this Undertaking. 4.The Preservation Plan shall be submitted to the SHPD for review and approval prior to implementation. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 17 Figure 3 - APE - ROUTE ALTERNATIVES I.Mitigation during Construction Activities 1.If cultural materials are discovered during construction, all earth-moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find. 2.If human remains are discovered, Hawaii Administrative Rules Title 13. Subtitle 13, Chapter 300 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains, and SHPD and Police Department will be contacted. The appropriate process would then proceed in conformance with Hawaii Administrative Rules §13-300 Subchapter 4 “Procedures for Property Treatment of Burial Sites and Human Skeletal Remains.” Determination The project will preserve and ensure continued access to the shoreline and coastal areas and will not impose conditions that would prevent traditional and customary fishing, gathering, or other subsistence practices. The project will be designed with drainage features and vegetation ground cover to control and treat storm water runoff and prevent pollutant discharges that could degrade coastal water quality. Interested Native Hawaiian kūpuna and cultural practitioners will continue to be consulted throughout the design and development of the path project. Nāwiliwili-Ahukini Shared-Use Path Project County of Kaua‘i Ka Pa‘akai Analysis Application for Zoning Use Permit, SMA Permit and SSV Determination September 9, 2022 18 Based on consultation with kupuna and Native Hawaiian cultural practitioners with knowledge regarding native Hawaiians’ exercise of customary and traditional practices in the project area and vicinity, and the findings of the resource studies, and the mitigation commitments developed through those consultations, the proposed Nāwiliwili-Ahukini Shared-Use Path Project is not anticipated to affect the rights customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua‘a tenants who are descendants of native Hawaiians, and does not affect or impair any Hawai‘i State Constitution, Article XII, Section 7 uses, or the feasibility of protection of those uses. County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Exhibit 17 NHPA 106 and 6E Consultation Timeline and Correspondence Nawiliwili to Ahukini Landing Bike/Pedestrian Path, CMAQ-0700(57) 1 Project Chronology National Historic Preservation Act (NHPA) Section 106 Consultation and Hawai‘i Revised Statutes (HRS) Section 6E Historic Preservation Review Process Nawiliwili to Ahukini Landing Bike/Pedestrian Path, CMAQ-0700(57) Date Event February 2007 Notice to Proceed with project issued to project consultant, R. M. Towill Corporation (RMTC) May 2008 Initial request for NHPA 106 consultation sent by letter to preliminary list of agencies, Native Hawaiian organizations (NHOs) and individuals. 2008 through 2009 Continued informal consultation with original and additional agencies, NHOs and individuals identified through the NHPA 106 process. June 2009 Archaeological Inventory Survey (AIS) prepared by Cultural Surveys Hawai‘i, Inc. October 1, 2009 NHPA 106 consultation put on hold pending guidance from Federal Highways Administration (FHWA) and the Advisory Council for Historic Preservation (ACHP) regarding NHPA 106 consultation with Native Hawaiian organizations (NHOs), State Historic Preservation Officer (SHPO) review of project AIS to support NHPA 106 process, and Office of Hawaiian Affairs’ (OHA) participation in NHPA 106 consultation. April 22, 2011 ACHP Draft guidelines for Hawai‘i NHPA 106 consultation process issued to County of Kaua‘i (COK) and Hawaii Department of Transportation, Highways Division (HDOT-HWY). Continue contact with participating NHOs. September 2011 – April 2012 Consultant contract amended to provide further Section 106 work requested by FHWA to assure consistency with the new draft guidelines from the ACHP for consultation with NHOs. April to July 2012 FHWA and COK conduct Section 106 consultation with NHO’s in accordance with ACHP guidelines, including NHPA 106 public consultation meetings and individual interviews. COK and consultant finalize NHPA 106 consultation documents, prepare NHPA 106 Memorandum of Agreement (MOA) for review by SHPD, FHWA and HDOT. July 2, 2012 FHWA NHPA 106 Authorization letter to SHPO. July 25, 2012 FHWA issues letter requesting SHPO’s concurrence with NHPA 106 effect determination and review of the proposed NHPA 106 MOA. August 28, 2012 SHPD responds to FHWA’s Section 106 concurrence request with request for additional information. Additional documentation required. November 9, 2012 COK, HDOT meeting with SHPO to resolve outstanding NHPA 106 Consultation mitigation commitments. December 4, 2012 COK and consultant follow up with SHPO on response to NHPA 106 effect determination and MOA. Consultant revises MOA to address SHPO comments. Project Chronology Nawiliwili to Ahukini Landing Bike/Pedestrian Path, CMAQ-0700(57) 2 Date Event December 13, 2012 FHWA and SHPO review revised NHPA 106 documents and MOA. January 2013 Consultant revises NHPA 106 MOA and FHWA effect determination letter to address FHWA comments. Consultant tracks SHPD review of project AIS, updates administrative record for NHPA 106 consultation, and prepares draft notification and invitation to ACHP to participate in MOA. February 25, 2013 FHWA sends letter to ACHP with notification of NHPA 106 effect determination and invitation to participate in MOA. February 26, 2013 Consultant submitted NHPA 106 Consultation supporting documents to FHWA. April 5, 2013 FHWA sends effect determination letter to SHPO requesting concurrence on the Section 106 determination of adverse impact with mitigation measures to prevent the disturbance to historic properties or resources to the extent possible, and sends revised draft NHPA Section 106 MOA also submitted to SHPO for review. COK submits Section 106 MOA to HDOT for processing. April 10, 2013 ACHP responds to FHWA that they are not participating in the consultation process. Notes requirement to complete MOA and file it with SHPO. November 2013 Consultant contract amended to provide additional time for further Section 106 work. November 12, 2013 Final AIS submitted to SHPO. December 18, 2013 Revised NHPA 106 MOA submitted by COK to HDOT and FHWA. Consultant resubmitted NHPA 106 consultation docs and MOA to SHPO for action. Waiting on SHPO response to NHPA 106. December 27, 2013 Consultant revised NHPA 106 MOA addressing additional SHPO comments and re-submitted to COK, HDOT, FHWA and SHPO. January 21, 2014 State Historic Preservation Division (SHPD) accepts AIS as complete. March 25, 2014 COK, HDOT, FHWA, Consultant meeting to update NHPA 106 consultation status. Draft NHPA 106 MOA redistributed to COK and FHWA for review. Waiting for SHPO response to the NHPA 106 MOA. March 2014 Waiting on SHPO action on NHPA 106 MOA and effect determination. Consultant contract amended to provide additional time for further Section 106 work. February 11, 2015 COK, HDOT, FHWA and consultant meeting to update project status. March – Sept. 2015 Periodic phone communication with SHPO to check status of NHPA 106 review. September 2, 2015 Revise NHPA 106 MOA to include HHF as a concurring party and HDOT as signatory. November 5, 2015 COK, HDOT, FHWA and consultant meeting to update status of project. Waiting on SHPO to respond to current draft NHPA 106 MOA. January 12, 2016 Consultant contact SHPO for status of NHPA 106 MOA review. Project Chronology Nawiliwili to Ahukini Landing Bike/Pedestrian Path, CMAQ-0700(57) 3 Date Event January 19, 2016 COK letter to Historic Hawai‘i Foundation (HHF) to invite participation in the NHPA 106 MOA as a concurring party. March 14, 2016 COK submits a revised draft NHPA Section 106 MOA to SHPO for review. No response from SHPD through May 2016 Coordination meeting with COK, DOT-HWY, FHWA and SHPD. No resolution of MOA. August 2016 to June 2018 Periodic inquiries to SHPD for response to draft MOA. June 2018 Coordination meeting with COK, DOT-HWY and SHPD. No resolution of MOA. November 2018 to November 2019 Coordination among COK, DOT-HWY, FHWA and SHPD to change the NHPA 106 effect determination from “adverse effect with mitigation” to “no adverse effect”. Also, coordinate with SHPD to withdraw recommendation for data recovery for SIHP -2089, due to proposed mitigation of avoidance with a 50-foot buffer. Iterative revisions to modify the FHWA effect determination letter, coordinated with DOT-HWY and FHWA. December 2019 Meeting with COK, DOT-HWY, FHWA and SHPD to request to delete data recovery for 50-30-11-2089 and to request to change effect determination and delete MOA requirement. December 2019 to January 2020 SHPD reviewing request. February to May 2020 SHPD approves request to change NHPA 106 effect determination and eliminate the MOA and eliminate data recovery for SIHP 50-30-11- 2089. Iterative revisions and processing revised concurrence request letter with FHWA. Letter sent in May. June 2020 SHPO concurs with FHWA effect determination. May to September 2021 Restart work. Prepare HRS 6E effect determination letter from COK to SHPD. September 28, 2021 COK HRS 6E letter submitted to SHPD. September 2021 to December 2022. Routine inquiries by DOT-HWY, COK and consultant to SHPD for response to HRS 6E effect determination concurrence request letter. Waiting SHPD response. Federal Highway Administration Hawaii Federal-Aid Division Box Adverse Effect for the following historic property within the APE SIHP No. Site Description Recommendations 50-30-1 1-1845 Nawiliwili Stream Railroad Bridge Preserve existing structure. Adaptive reuse in accordance with historic preservation design guidelines stipulated in a memorandum of agreement. The adverse effect determination is being rendered because adaptive reuse of the Nawiliwili Stream Railroad Bridge to carry a segment of the shared-use path will require modifications to the original bridge structure. The adverse effect will be mitigated through the application of historic preservation design guidelines developed in consultation with the SHPD, Architectural Branch. The FHW A has determined that there will be no adverse effect for the following historic properties identified within the APE. The no adverse effect determination is being rendered based on the recommendations summarized in the following table and because the path will be aligned to avoid these historic properties. No Adverse Effect for the following historic properties within the APE SIHP No. Site Description Recommendations 5 50-30-11-009 Kuhiau Heiau. Nawiliwili; a large Previously documented. No further work. paved heiau, whose enclosure covered Describe in interpretive display at an area of about four acres; long since Nawiliwili Beach Park destroyed. 50-30-11-100 Ninini Heiau. Near Nawiliwili Harbor Documented as destroyed by Thrum (in Light. Previously destroyed. Bennett 1931 ). Describe in interpretive display. 50-30-11-101 Ahukini Heiau, near Ahukini Point Describe in interpretive display. midway between Ninini Point and Ahukini Landing. Previously recorded foundations not re-located, likely destroyed by erosion and Hurricane Iniki in 1993. 50-30-11-421 Midden scatter of marine shells Previously recorded. No further work. 50-30-11-422*Remnant/probable cattle wall Previously recorded and site updated. No fm1her work. 50-30-11-423*Remnant/probable cattle wall Previously recorded and site updated. No further work. 50-30-11-424 Oval terrace alignment Previously recorded. No further work. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. Describe in interpretive display. 6 No Adverse Effect for the following historic properties within the APE 50-30-11-6009Nawiliwili Cemetery Avoid. 50-30-08-3958Historic remnants of a piggery. Previously recorded. No further work. 50-30-08-9000Ahukini Landing n/a Avoid. Refer to SIHP # 50-30-11-2103 below. 50-30-08-9402Historic building remnant at site of Avoid. radio station KIVM 11-B004Historic cemetery near Nawiliwili Park Avoid. 50-30-11-2086* Pre-contact terrace habitationPreservation. A void with a 20-foot buffer. 50-30-11-2087* Historic lighthouse and associatedPreserve remaining structure. Adaptive habitation (caretaker's residence). re-use of the site and educational signage. 50-30-11-2088* Military concrete slab. The base of aData recovered and recorded. No further communications tower. work. 50-30-11-2089* Historic mounds. Possible burial.Preserve in place. A void site by establishing a 50-foot buffer. Data recovery program to be undertaken before path construction begins. 50-30-11-2090* Military. Structural foundation for gunPreserve in place. Avoid site by emplacement. establishing a 20-foot protective buffer. Install educational signage. 50-30-11-2091 * Historic habitation foundation.Data recovered and recorded. No further work 50-30-11-2092* Historic septic outhouse and cesspoolData recovered and recorded. No further work 50-30-11-2093* Plantation-era ditch drainage.Data recovered and recorded. No further work. 50-30-11-2094* Pre-contact/historic terrace habitation.Preservation. A void with a 20-foot buffer. 50-30-11-2095* Pre-contact scatter activity areaData recovered and recorded. No further work. 50-30-11-2096* Historic drainage ditchData recovered and recorded. No further work. 50-30-11-2097* Historic drainage ditchData recovered and recorded. No further work. 50-30-11-2103* Historic industrial complex: AhukiniInstall educational signage. Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp No Adverse Effect for the following historic properties within the APE --Pu'ali (Niumalu) Bridge Avoid existing bridge with a buffer. Buffer distance to be determined by the SHPD, Architectural Branch. *Historic sites identified during the archaeological inventory survey of the coastal area between Ahukini Landing and Ninini Point (CSH, April 2010). Mitigation Policies Mitigation measures during the construction of the proposed improvements have been and will continue to be implemented to avoid and minimize potential impacts to archaeological, cultural, and historic resources. The following mitigation measures have been or will be implemented, at a minimum: 7 •If cultural materials are discovered during construction, all earth-moving activity within andaround the immediate discovery area will be diverted until a qualified archaeologist canassess the nature and significance of the find.•If human remains are discovered, Hawaii Administrative Rules Title 13. Subtitle 13,Chapter 300 states that further disturbances and activities shall cease in any area or nearbyarea suspected to overlie remains, and SHPD and Police Department will be contacted. Theappropriate process would then proceed in conformance with Hawaii Administrative Rules§13-300 Subchapter 4 "Procedures for Property Treatment of Burial Sites and HumanSkeletal Remains."The HDOT and County of Kaua'i will prevent the disturbance or taking of any historic property or resource to the extent possible by instituting these mitigation measures and enforcing their implementation by contractors. Additionally, enclosed is a draft memorandum of agreement (MOA) to be executed among the FHWA and SHPO, with the County of Kaua'i participating as an invited signatory. The MOA stipulates terms under which the undertaking will be implemented in order to avoid, minimize and/or mitigate its effects on historic properties. We request your concurrence with the FHWA's effect determination and ask for a written response within thirty (30) days of receipt of this letter in accordance with 36 CFR Part 800.3(c)(4). We appreciate your assistance with this important transportation project. NEIL ABERCROMBIE GOVERNOR OF HAWAII WILLIAM J. AILA, JR. CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT ESTHER KIA‘AINA INTERIM FIRST DEPUTY WILLIAM M. TAM DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES POST OFFICE BOX 621 HONOLULU, HAWAII 96809 January 21, 2014 Mr. David W. Shideler LOG NO: 2013.6321, 2014.00187 Cultural Surveys Hawai‘i, Inc. DOC NO: 1401SL17 P.O. Box 1114 Archaeology Kailua, HI 96734 Dear Mr. Shideler: SUBJECT: Chapter 6E-8 and National Historic Preservation Act (NHPA) Section 106 Review– Archaeological Inventory Survey Report for the Nāwiliwili-Ahukini Bike Path Project Nāwiliwili, Kalapakī, and Hanamā‘ulu Ahupua‘a, Līhu‘e District, Kaua‘i Island TMK: (4) 3-5-001:004, 008, 027, 060, 083, 085, 102, 118, 128, 159, and 160 por. and various rights-of-way between various plats Thank you for the opportunity to review this revised report titled Archaeological Inventory Survey Report for the Nāwiliwili-Ahukini Bike Path Project Nāwiliwili, Kalapakī, and Hanamā‘ulu Ahupua‘a, Līhu‘e District, Kaua‘i Island TMK: (4) 3-5-001:004, 008, 027, 060, 083, 085, 102, 118, 128, 159, and 160 por. and various rights-of-way between various plats (Altizer and Hammatt, November 2013). We received this revised draft on November 12, 2013 (Log No. 2013.6321). We subsequently determined the archaeological inventory survey (AIS) report did not indicate the project is a federal undertaking and did not include significance assessments using National Register criteria (January 3, 2014; email from Lebo to Shideler). We received the newly-revised AIS (Altizer and Hammatt, January 2014) and accompany materials via email on January 12 and 18, 2014 (Log No. 2014.00187). The Federal Highway Administration (FHWA) is funding the State of Hawai‘i Department of Transport’s (HDOT) and County of Kaua‘i Department of Public Work’s (DPW) plan to develop the Nāwiliwili to Anahola Shared-Use Path proposed in the 1994 State of Hawai‘i Master Plan – Bike Plan Hawai‘i, and in the 2003 Bike Plan Hawai‘i update. Due to Federal Highway Administration (FHWA) funding through the State of Hawai‘i Department of Transportation (HDOT), this project is a federal undertaking requiring compliance with Section 106 of the National Historic Preservation Act (NHPA), and 36 Code of Federal Regulations (CFR) Part 800. The current AIS was conducted at the request of R.M. Towill Corporation for portions of the Nāwiliwili-Ahukini Bike Path Project, which is located in coastal and near coastal portions of three ahupua‘a in Līhu‘e District: Hanamā‘ulu, Kalapakī, and Nāwiliwili. The 6-mile (10 km) project area is one section of a larger 17-mile (27.4 km) project to connect Nāwiliwili with Anahola. The Area of Potential Effect (APE) for the current AIS consists of both alignment-option corridors linking Ahukini Landing, Nāwiliwili Harbor Light, Līhu‘e Airport, Kaua‘i Lagoons and Marriottt Resort, Nāwiliwili Park and Harbor, and Niumalu Park. The APE also includes all lands in the vicinity of these alignment options from the western shoulder of the mauka (inland) corridor east to the ocean. A pedestrian survey consisting of 100% coverage at 5-10 m intervals was conducted within the APE. The AIS report provides good discussions of the project, consultation, cultural and historic background research, previous investigations, field and laboratory methods and findings, as well as the significance assessments and recommendations. The AIS investigations identified 15 historic properties, of which 9 are assessed as potentially being affected by the project and also as being eligible for listing on the National/Hawai‘i Registers of Historic Places (Table 1). In 2012, the FHWA rendered an adverse effect determination for the Nāwiliwili Stream Railroad Bridge (SIHP # 50-30-11-1845) and a determination that the current AIS project would have no adverse effect on the archaeological historic properties within the project area (Nickelson to Aila, July 25, 2012). The archaeological historic properties are being addressed in a Memorandum of Agreement to be submitted to the Advisory Council on Historic Preservation. The recommended mitigation measures will reduce the project's potentially adverse effect on these significant historic properties. Mr. Shideler January 21, 2014 Page 2 The revisions made to this document adequately address the major concerns raised in our prior correspondence (April 21, 2010, Log No. 2010.0723, Doc. No. 1004NM62; November 9, 2012, SHPD and CSH consultation, Lebo and Shideler; January 3, 2014, email from Lebo to Shideler; and January 18, 2014, email from Shideler to Lebo). The archaeological inventory survey report meets the requirements of the Secretary of Interior Standards for Archaeological Documentation and Hawaii Administrative Rule §13-276-5. It is accepted by SHPD. Please send one hardcopy of the document, clearly marked FINAL, along with a copy of this review letter and a text-searchable PDF version on CD to the Kapolei SHPD office, attention SHPD Library. Please contact me at (808) 692-8019 or at Susan.A.Lebo@hawaii.gov if you have any questions or concerns regarding this letter. Aloha, Susan A. Lebo, PhD Oahu Lead Archaeologist Table 1. Sites Assessments using National/Hawaii-Register Significance Criteria and HAR §13-275-6 Significance Criteria, and Site Recommendations SIHP Description Significance Criteria Recommendation NR/HR HAR §13-275-6 50-30-11-422 Plantation wall Not significant Not significant No further work 50-30-11-423 Plantation wall Not significant Not significant No further work 50-30-11-2086 Pre-Contact habitation terrace D “d” and “e” Preservation, avoid with 20-ft buffer 50-30-11-2087 Historic lighthouse and associated habitation remnants C and D “c” and “d” Preservation of remaining structure; adaptive reuse 50-30-11-2088 Military concrete slab base of communications tower D “d” No further work 50-30-11-2089 Historic mounds, possible burial D “d” and “e” Preservation in place; avoid w/50-ft buffer; data recovery prior to construction 50-30-11-2090 Military structural foundation, gun emplacement D “d” Preservation; avoid w/20-ft buffer 50-30-11-2091 Historic habitation foundation Not significant Not significant No further work 50-30-11-2092 Historic septic, outhouse and cesspool D “d” No further work 50-30-11-2093 Plantation ditch Not significant Not significant No further work 50-30-11-2094 Pre-/Post-Contact habitation terrace D “d” and “e” Preservation; avoid w/20-ft buffer 50-30-11-2095 Pre-Contact scatter, activity area D “d” and “e” No further work 50-30-11-2096 Historic ditch Not significant Not significant No further work 50-30-11-2097 Historic ditch Not significant Not significant No further work 50-30-11-2103 Historic structural foundations, industrial complex D “d” Preservation, educational signage Date: 01/21/14 CSH Job Code: NA WILIWILI 4 Submittal Sheet for Historic Preservation Review Filing Fees State Historic Preservation Division Department of Land and Natural Resources Agency/Firm (Request ing Review): Cultural Surveys Hawai'i Inc. Contact: Phone: Address: Email: David Shideler _(8_0_8)�2_6_2-_9_97_2 ______ Fax: (808) 262-4950 P.O. Box 1114 Kailua HI 96734 dshideler@culturalsurveys.com Title of Report/Plan: Final Archaeological Inventory Survey Report for the Nawiliwili-Ahukini Bike Path Project, Federal Aid Project Number CMAQ-0700(57), Nawiliwili, KalapakI, and Hanama'ulu Ahupua'a, Lihu'e District, Kaua'i, TMKs: [4] 3-5-01 :4, 8, 27, 60, 83, 85, 102, 118, 128, 159, and, 160 por. and various rights-of-way between various plats (Altizer and Hammatt 2014) Island Kaua'i District Lihu, e Ahupua'a Nawiliwili, KalapakI, and f TMK [4] 3-5-01:4, 8, 27, 60, 83, 85, 102, 118, 128, 159, and, 160 por. and various rights-of-way between various plats Acreage Inventoried Number of new sites inventoried 6 linear miles 13 new (2 previously identified; 15 total) Submittal Plan/Report Fee & Type: (All reports or plans submitted to the SHPD for review shall be accompanied by the appropriate fee in accordance with HAR§ 13-275-4 and §284-4). Fee Total: 0.00 For Office Use Only: Date Received Log No. X $25 $50 $150 $450 $150 $25 $150 $250 $100 $450 $450 $25 $50 Check if Report is a Re-Submittal (no fee charged) Final Report with CD Literature Review & Field Check Archaeological Assessment Archaeological Inventory Survey Plan Archaeological, Architectural or Ethnographic Survey Report Preservation Plan Monitoring Plan Archaeological Data Recovery Plan Burial Treatment Plan Archaeological Monitoring Report, if resources reported Archaeological Data Recovery Report Ethnographic Documentation Report Burial Disinterment Report Osteological Analysis Report (make checks payable to "Hawaii Historic Preservation Special Fund") Payment Method Cash $ Check Check No: Receipt Issued: Lv Hawaii Federal-Aid Division 300 Ala Moana Blvd, Rm 3-306 Box 50206 May 12, 2020 Honolulu, Hawaii 96850 Phone: (808) 541-2700 Fax: (808) 541-2704 In Reply Refer To: HDA-HI Ms. Suzanne D. Case State Historic Preservation Officer and Chairperson Department of Land and Natural Resources 601 Kamokila Boulevard, Suite 555 Kapolei, HI 96707 Subject: National Historic Preservation Act Section 106 Effect Determination Nawiliwili – Ahukini Shared-Use Path Project Lihue District (Puna Moku), Island of Kauai, Hawaii Ahupuaa of Nawiliwili, Kalapaki, and Hanamaulu Federal-aid Project Number: CMAQ-0700(57) Tax Map Key(s): (4) 3-2-02:1 & Niumalu Road; 3-2-03: Niumalu & Waapa Roads; 3- 2-04:1, 2, 3 & Waapa Road; 3-5-01:4, 5, 8, 27, 102, 117, 118; 3-5-02:2; 3-6-02: Kaana Street, Hardy Street, Rice Street, & Umi Street; 3-6-08: Waapa Road, Nawiliwili Stream; and 3-7-02: Ahukini Road Dear Ms. Case: The Federal Highway Administration (FHWA), in cooperation with the State of Hawaii Department of Transportation (HDOT) and the County of Kauai Department of Public Works (DPW), is planning the Nawiliwili – Ahukini Shared-Use Path project. In accordance with Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (2006), the FHWA requests the State Historic Preservation Officer’s (SHPO) concurrence on the effect determination for the proposed improvements. The FHWA has made a no adverse effect determination for the proposed project. This request is in follow up to previous correspondence dated April 3, 2013 and revises the previous determination of adverse effect to State Inventory of Historic Places (SIHP) Site No. 50-30-11-1845, the Nawiliwili Stream Railroad Bridge. The FHWA has determined that the proposed preservation and adaptive reuse of the bridge to carry a section of the shared-use path would have no adverse effect because all modifications to the original bridge structure would be reversible and would be mitigated through the application of historic preservation design guidelines developed in consultation with the State Historic Preservation Division (SHPD), Architectural Branch. 2 Description of the Undertaking and Area of Potential Effect The County of Kauai DPW plans to develop a coastal shared-use path between Nawiliwili Park and Ahukini Landing in the Lihue District on the island of Kauai. A path section is also proposed between Nawiliwili Park and Niumalu Park. Additional path sections would connect the coastal path to the Lihue Civic Center and Lihue Airport. The project is a key section 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 planned project consists of a 12-foot wide concrete shared-use coastal path. Bike lane and sidewalk improvements to existing and planned street corridors would provide additional connections through urban areas. Path improvements and amenities include separated crossings at major drainage ways, educational and informational signage, a comfort station at Ninini Point, adaptive reuse of the Nawiliwili Stream Railroad Bridge, and various improvements at Nawiliwili Park to be coordinated with the park’s master plan. The project would benefit residents and visitors by preserving coastal access, creating a new safe recreational resource and supporting alternative modes of transportation to connect key community centers, including residential neighborhoods, commercial centers, parks, and the airport and harbor. For the proposed project, the Area of Potential Effect (APE) is determined to be all the proposed primary and secondary pathway corridors, as depicted on Figure 1 (enclosed). Historic properties identified within the APE are shown on Figure 2 (enclosed). In a letter dated March 29, 2012, HDOT requested SHPO concurrence with the APE, but no response from SHPO was received. SHPD issued a letter to FHWA dated August 28, 2012 (Log No.2012.2561, Doc. No. 1208RS56) which acknowledges the APE, and issued a letter to the project archaeologist, Mr. David Shideler of Cultural Surveys Hawaii, Inc. (CSH), dated January 21, 2014 (Log No.2013.6321, 2014.00187, Doc. No. 1401SL17) which also acknowledges the APE. Steps Taken to Identify Historic Properties To identify historic properties in the APE, the FHWA, HDOT, and County of Kauai DPW conducted background studies including archaeological inventory surveys, cultural impact assessment and architectural inventory survey; and conducted public meetings and individual consultations for the subject project with Native Hawaiian Organizations (NHOs) and other consulting parties in compliance with National Historic Preservation Act, Section 106. As part of the special studies, CSH archaeologists conducted background research including a review of previous archaeological studies on file at SHPD; review of documents at Hamilton Library of the University of Hawaii at Manoa, the Hawaii State Archives, the Mission Houses Museum Library, the Hawaii Public Library, and the Archives of the Bishop Museum; study of historic photographs at the Hawaii State Archives and the Archives of the Bishop Museum; and study of historic maps at the Survey Office of the Department of Land and Natural Resources. Historic maps and photographs from the CSH library were also consulted. In addition, Mahele records were examined from the Waihona Aina database (www.waihona.com). Four studies were prepared to help identify historic properties within the APE, assess potential effects, and develop recommended mitigation measures. 3 Four key studies were prepared to identify historic properties in the APE: a. An Archaeological Literature Review and Field Inspection Report (LRFI) was conducted for the entire APE. b. A Cultural Impact Evaluation was conducted for the entire APE, including consultation with Native Hawaiian Organizations (NHOs) and cultural practitioners. c. An Archaeological Inventory Survey (AIS) was conducted for the coastal alignment corridor between Ahukini Point and Ninini Point (portion of Segment A-1), including limited subsurface testing as necessary within the footprint of planned improvements involving ground disturbing activities (e.g. bridge abutments, culvert crossing). The SHPD accepted the AIS as final and approved the agreed-upon mitigation measures by letter to CSH dated January 21, 2014. d. An Architectural Inventory Survey was prepared for two historic bridges located within the proposed alignments: (1) a historic railroad bridge over Nawiliwili Stream, and (2) Niumalu Bridge, a narrow, single-lane concrete bridge that spans Puali Stream. These reports documented 26 historic properties in the APE, including pre-contact cultural resources and post-contact historical structures. Summary of NHPA Section 106 Consultation Work Native Hawaiian organizations, agencies, and community members were contacted in order to identify potentially knowledgeable individuals with cultural expertise and/or knowledge of the project area and vicinity. The organizations consulted include SHPD, the Office of Hawaiian Affairs (OHA), Native Hawaiian Historic Preservation Council (NHHPC), the Historic Hawaii Foundation (HHF), and Kauai Island organizations pertinent to the proposed project area including the Kauai/Niihau Islands Burial Council (KNIBC), Kauai Historical Preservation Review Commission (KHPRC), Kauai Historical Society (KHS), State Department of Land and Natural Resources Kauai Land Division, Kauai Paths, Royal Order of Kamehameha, Kaumualii Chapter No. 3, Kale O Kauai, and other county, state, and federal agencies, NHOs, and private parties. Ten culturally knowledgeable individuals with long-term ties to the project area were interviewed for the NHPA Section 106 consultation process. These interviews resulted in the identification of two historic properties within the APE: a.Paukini Rock (SIHP No. 50-30-11-1999) – Which will be avoided by the undertaking and is recommended to be included in interpretation /educational programming related to Nawiliwili Harbor. b. Ahukini Landing (SIHP No. 50-30-11-2103) – Which is documented in the project AIS and is recommended to be included in interpretation /educational programming related to Ahukini Point. Description of Historic Properties within the APE There are 26 historic properties documented in the APE. The historic properties are listed by SIHP number in Table 1 along with recommended mitigation measures that were developed in consultation with SHPD and consulting parties as part of the NHPA 106 consultation process: 4 Table 1 State Historic Sites Located in the APE SIHP No. Site Description Recommendations 50-30-11-009 Kuhiau Heiau. Nawiliwili; A large paved heiau, whose enclosure covered an area of about four acres; long since destroyed. Previously documented. No further work. Describe in interpretive display at Nawiliwili Park 50-30-11-100 Ninini Heiau. near Nawiliwili Harbor Light. Previously destroyed. Documented as destroyed by Thrum (in Bennett 1931). Describe in interpretive display. 50-30-11-101 Ahukini Heiau, near Ahukini Point midway between Ninini Point and Ahukini Landing. Previously recorded foundations not re- located, likely destroyed by erosion and Hurricane Iniki in 1993. Describe in interpretive display. 50-30-11-421 Midden Scatter of marine shells Previously recorded. No further work. 50-30-11-422* Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-423* Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-424 Oval Terrace Alignment Previously recorded. No further work. 50-30-11-1845 Historic Railroad Bridge Preserve existing structure. Retrofit new deck and railings as part of shared-use path project. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. Describe in interpretive display. 50-30-11-6009 Nawiliwili Cemetery Avoid. 50-30-08-3958 Historic remnants of a piggery. Previously recorded. No further work. 50-30-08-9000 Ahukini Landing Avoid 50-30-08-9402 Historic Building Remnant at Site of Radio Station KIVM n/aAvoid 50-30-11-2086* Pre-contact Terrace Habitation Preservation. Avoid with a 20-foot buffer. 50-30-11-2087* Historic Lighthouse and associated habitation (caretaker’s residence). Preserve remaining structure. Adaptive re-use of the site and educational signage. 50-30-11-2088* Military Concrete slab. The base of a communications tower. Data recovered and recorded. No further work. 50-30-11-2089* Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. 50-30-11-2090* Military. Structural foundation for gun emplacement. Preserve in place. Avoid site by establishing a 20-foot protective buffer. Install educational signage. 50-30-11-2091* Historic habitation foundation. Data recovered and recorded. No further work 50-30-11-2092* Historic Septic Outhouse and cesspool Data recovered and recorded. No further work 5 Table 1 State Historic Sites Located in the APE SIHP No. Site Description Recommendations 50-30-11-2093* Plantation-era ditch drainage. Data recovered and recorded. No further work. 50-30-11-2094* Pre-contact/historic terrace habitation. Preservation. Avoid with a 20-foot buffer. 50-30-11-2095* Pre-contact Scatter Activity area Data recovered and recorded. No further work. 50-30-11-2096* Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11-2097* Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11-2103* Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. *Historic sites identified during the AIS of the coastal area between Ahukini Landing and Ninini Point. Of the 26 documented historic properties in the APE, the following 9 properties listed in Table 2 retain aspects of historic integrity that qualify the property for the National Register: Table 2 State Historic Sites in the APE that Retain Aspects of Historic Integrity SIHP No. Site Description Eligibility Criteria* Aspects of Integrity 50-30-11-1845 Historic Railroad Bridge. Constructed 1931. A, C Location, design, setting, materials, workmanship, feeling and association. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) A, B, D, E Location, setting, feeling and association. 50-30-08-9000 Ahukini Landing. Constructed prior to 1927. D Location, design, setting, materials, feeling and association. 50-30-11-2086* Pre-contact Terrace Habitation D, E Location, design, setting, materials, workmanship, feeling. 50-30-11-2087 Historic Lighthouse and associated habitation (caretaker’s residence). Constructed 1933. C, D Location, design, setting, materials, workmanship, feeling and association. 50-30-11-2089 Historic Mounds. Possible Burial. D, E Location, setting, materials. 50-30-11-2090 Military. Structural foundation for gun emplacement. Constructed in 1942. D Location, design, setting, materials, workmanship, feeling. 50-30-11-2094 Pre-contact/historic terrace habitation. D, E Location, design, setting, materials, workmanship, feeling. 50-30-11-2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp. Constructed prior to 1927. D Location, design, setting, materials, feeling and association. *Eligibility Criteria for inclusion on the National Historic Register (Criteria A through D) and on the State of Hawaii Register of Historic Places (Criterion E). 6 Undertaking’s Effects on Historic Properties Table 3 lists each eligible historic property and describes the basis for a determination of no adverse effect by the Undertaking on the qualities that make the historic property eligible. Table 3 State Historic Sites Located in the APE and Basis for No Adverse Effect SIHP No. Site Description Basis for No Adverse Effect 50-30-11-1845 Historic Railroad Bridge. Constructed 1931. The existing structure will be preserved and will be adaptively reused for a segment of the path in accordance with historic preservation design guidelines developed in consultation with the SHPD, Architectural Branch. The new bridge deck and railings proposed for the Undertaking will be designed to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without damaging the existing bridge structure. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, workmanship, feeling and association. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) The undertaking will avoid this historic property and will include information about the property in interpretive signage along the nearby path segment. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, setting, feeling and association. 50-30-08-9000 Ahukini Landing. Constructed prior to 1927. The undertaking will avoid this historic property and will include information about the property in interpretive signage along the nearby path segment. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, feeling and association. 50-30-11-2086* Pre-contact Terrace Habitation The undertaking will preserve this historic property through the implementation of a 20- foot buffer. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, workmanship, and feeling. 50-30-11-2087 Historic Lighthouse and associated habitation (caretaker’s residence). Constructed 1933. The existing structures will be preserved and will be adaptively reused as a feature of interest and will be included in interpretive signage along the adjacent path segment. The path design will be integrated with the lighthouse facility in accordance with historic preservation design guidelines developed in consultation with the SHPD, 7 Architectural Branch. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, workmanship, feeling and association. 50-30-11-2089 Historic Mounds. Possible Burial. The undertaking will preserve this historic property through the implementation of a 50- foot buffer. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, setting, and materials. 50-30-11-2090 Military. Structural foundation for gun emplacement. Constructed in 1942. The undertaking will preserve this historic property through the implementation of a 20- foot buffer and interpretive signage. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, workmanship, feeling. 50-30-11-2094 Pre-contact/historic terrace habitation. The undertaking will preserve this historic property through the implementation of a 20- foot buffer. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, workmanship, feeling. 50-30-11-2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp. Constructed prior to 1927. The undertaking will avoid this historic property and will include information about the property in interpretive signage along the nearby path segment. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, feeling and association. Copies of Summaries Provided by Consulting Parties Please see enclosed Attachment A for copies of consultation notifications meeting notes, and correspondence with consulting parties including letters from people and organizations requesting to be consulting parties and documentation of comments participants have had on the identification of historic properties in the APE. Effect Determination Based on our analysis, site observations, and consultation with the SHPD, KNIBC, OHA, the NHHPC, the KHPRC, the KHS, the HHF, county, state, and federal agencies, NHOs, and private parties, and the recommendations summarized in Table 4 below, the FHWA has determined that the proposed undertaking has no adverse effect to historic properties identified within the APE. 8 Table 4 No Adverse Effect for the following historic properties within the APE SIHP No. Site Description Recommendations 50-30-11-1845 Nawiliwili Stream Railroad Bridge Preserve existing structure. Adaptive reuse in accordance with historic preservation design guidelines developed in consultation with the SHPD, Architectural Branch. Design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without damaging the existing bridge structure. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. Describe in interpretive display. 50-30-08-9000 Ahukini Landing Avoid. Refer to SIHP # 50-30-11-2103 below. 50-30-11-2086* Pre-contact Terrace Habitation Preservation. Avoid with a 20-foot buffer. 50-30-11-2087 Historic Lighthouse and associated habitation (caretaker’s residence). Preserve remaining structure. Adaptive re-use of the site and educational signage. 50-30-11-2089 Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. 50-30-11-2090 Military. Structural foundation for gun emplacement. Preserve in place. Avoid site by establishing a 20-foot protective buffer. Install educational signage. 50-30-11-2094 Pre-contact/historic terrace habitation. Preservation. Avoid with a 20-foot buffer. 50-30-11-2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. Mitigation Policies The FHWA shall ensure that the following measures are implemented to avoid and minimize potential impacts to archaeological, cultural, and historic resources: A.Supplemental Archaeological Inventory Survey 1. The County DPW shall prepare a Supplemental Archaeological Inventory Survey (AIS), in accordance with Hawaii Administrative Rules (HAR) 13-13-276, for the “Secondary 9 Network Routes” located in interior lands prior to the design and construction of those alignments. 2. The AIS shall be submitted by the County DPW, after review by the FHWA and HDOT, to the SHPD for review, including opportunity for public comment, in accordance with HAR 13-13-275. Unless the SHPD objects within 45 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. B.Archaeological Monitoring Plan 1. The County DPW shall develop an archaeological monitoring plan (AMP), in accordance with HAR 13-13-279, with a combination of on-site and on-call monitoring during all ground-disturbing activities related to the Undertaking. 2.If determined to be necessary by the SHPD, a supplemental AMP will be prepared for future work to construct secondary path alignments, based on the findings of a supplemental AIS to be prepared for those secondary alignments. 3. The AMP shall include provisions for addressing burial treatment that are to be implemented in the event of an inadvertent find during construction activities. 4. The AMP will be developed and implemented by a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualifications Standards for Archeology (Federal Register, Vol. 48, No. 190, page 44738-9). 5.The AMP will include the following major elements: a.Archaeological monitoring provisions and procedures to be implemented during the course of the Undertaking's implementation; and b.Specific levels of archaeological monitoring determined to be appropriate for each path section, and c.A follow-up monitoring report for the Undertaking shall be submitted to the SHPD. The monitoring report, containing the location and description of any human burial remains discovered during the course of the Undertaking, shall remain confidential and the precise location data may be provided in a separate confidential index. 6. The AMP shall be submitted by the County DPW, after review by HDOT and FHWA, to the SHPD for a 30-day review. Unless the SHPD objects within 30 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. C.Mitigation Measures for Historic Properties 1. To reduce the potential for adverse effects on historic properties, the County DPW shall ensure that the following mitigation measures are incorporated in the design of the Undertaking and in effect prior to commencement of ground disturbing activities. 2.For State Inventory of Historic Places (SIHP) Site 50-30-11-2086, a pre-contact habitation terrace, the County DPW shall provide a 30-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 3. For SIHP Site 50-30-2089, a possible burial mound, the County DPW shall provide a 50- foot preservation buffer in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 4.For SIHP Site 50-30-11-2090, a World War II era military gun emplacement related to the defense of Kauai Island, the County DPW shall provide a 20-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 10 5. For SIHP Site 50-30-11-2094, a pre-contact habitation terrace, the County DPW shall provide a 20-foot buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 6. For SIHP Site 50-30-11-2103, a historic industrial complex at Ahukini Point, the County DPW shall provide educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. D.Adaptive Reuse of Nawiliwili Stream Railroad Bridge, SIHP Site 50-30-11-1945 1. The County DPW shall consult with the SHPD during the design phase of the Undertaking to ensure that the adaptive reuse of the bridge complies with historic preservation design criteria approved by the SHPD Architectural Branch. 2. The County DPW shall design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without doing major damage to the existing bridge structure. 3.The KHPRC and HHF shall be given the opportunity to provide comments on the design of proposed modifications to Nawiliwili Stream Railroad Bridge at the preliminary and pre-final stages. 4.During right-of-way certification and land acquisition for the Undertaking, the County DPW shall conduct research to determine ownership of the Nawiliwili Stream Railroad Bridge and approaches, including a title search, Land Commission Award research, review of County files related to the bridge and related easements, and consultation with the Lovell ‘Ohana regarding unrecorded easement documents. 5.The County DPW shall replace all references to "Duke's Bridge" in the project documentation with "Nawiliwili Stream Railroad Bridge". 6.Prior to undertaking modifications to the Nawiliwili Stream Railroad Bridge, the County DPW shall prepare Historic American Engineering Record (HAER) or Historic American Building Survey (HABS) documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. HAER or HABS documentation will be submitted to SHPD for review and forwarded to the National Park Service for inclusion in the Library of Congress. 7.The County DPW shall develop interpretive signage for the Nawiliwili Stream Railroad Bridge in accordance with the Interpretive Plan described below in item H. E.Mitigation for Pū‘ali (Niumalu) Bridge 1. The County DPW shall consult with the SHPD during the design phase of the Undertaking to ensure that an adequate buffer is maintained between the Pū‘ali (Niumalu) Bridge and a new, shared-use path bridge. 2. Prior to undertaking modifications to the Pū‘ali (Niumalu) Bridge, the County DPW shall prepare HAER or HABS documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. 11 F.Design Review for Proposed Comfort Station near Ninini Point Lighthouse, SIHP Site 50-30-11-2087 1.The County DPW shall consult with the SHPD during development of design plans for a proposed comfort station at the former site of the Ninini Point Lighthouse caretaker’s house to determine appropriate design of structures. 2.The SHPD, KHPRC and HHF shall be given the opportunity to provide comments on the design of the proposed comfort station at the preliminary and pre-final stages. 3.The County DPW shall develop educational signage for Ninini Point in accordance with the Interpretive Plan described below in item H. G.Treatment of Burial Sites and Human Remains 1. The County DPW shall prepare appropriate documents as required to address the treatment of any burials or other human remains encountered in the course of this project. 2. Documentation concerning the treatment of burials or human remains shall be prepared and processed with the SHPD and KNIBC in accordance with HAR 13-13-300. 3. The pertinent provisions of any such documents shall be executed prior to the completion of the undertaking. H.Preservation Plan / Interpretive Plan 1. The County DPW shall prepare a Preservation Plan in accordance with HAR 13-13-277 for SIHP 50-30-11-2086 – habitation terrace, SIHP Site 50-30-2089 - possible burial mound, SIHP 50-30-11-2090 – gun emplacement foundation, SIHP 50-30-11-2094 – pre/post-contact habitation terrace, and SIHP 50-30-11-2103 – industrial complex. 2. The Preservation Plan shall address interim and long-term preservation and educational and interpretive signage to be provided along multi-use path. Proposed interim preservation measures for the four sites will be submitted to SHPD for review and approval prior to the initiation of ground altering activities within the APE. 3. The County DPW shall consult with the SHPD, KHPRC, HHF, the Kauai Path organization and Native Hawaiian organizations who actively participated in the NHPA Section 106 consultation process in developing the interpretive signage associated with this Undertaking. Interpretive signage will be developed under the following conditions: a.Interpretive signage will address the themes of each of the historic sites identified near the project. b. Interpretive signage and programming may be developed in stages for various segments of the multi-use path. c.The SHPD will have 60 days from receipt of the submitted interpretive signage materials to review, revise, and approve the proposed signage. d. Development and implementation of interpretive signage improvements can proceed concurrently or after construction of improvements under this Undertaking. 4.The Preservation Plan shall be submitted to the SHPD for review and approval prior to implementation. I.Mitigation during Construction Activities 1.If cultural materials are discovered during construction, all earth-moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find. 12 2. If human remains are discovered, Hawaii Administrative Rules Title 13. Subtitle 13, Chapter 300 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains, and SHPD and Police Department will be contacted. The appropriate process would then proceed in conformance with Hawaii Administrative Rules §13-300 Subchapter 4 “Procedures for Property Treatment of Burial Sites and Human Skeletal Remains.” The HDOT and County of Kauai will prevent the disturbance or taking of any historic property or resource to the extent possible by instituting these mitigation measures and enforcing their implementation by contractors. Section 4(f) of the U.S. Department of Transportation Act of 1966 Section 4(f) of the U.S. Department of Transportation Act of 1966 established the requirement for the consideration of park and recreational lands, wildlife and waterfowl refuges, and historic sites in transportation project development. The law, now codified in 49 U.S.C. §303 and 23 U.S.C. §138, is implemented by the FHWA through 23 CFR 774. Section 4(f) stipulates that the Federal Highway Administration (FHWA) and other U.S. DOT agencies cannot approve the use of land from publicly owned parks, recreational areas, wildlife and waterfowl refuges, or public and private historical sites unless the following conditions apply: •There is a feasible and prudent avoidance alternative to the use of land; and the action includes all possible planning to minimize harm to the property resulting from such use; or •The Administration determines that the use of the property will have a de minimis impact. Under Section 4(f), the impacts of a transportation project on a historic site that qualifies for Section 4(f) protection may be determined to be de minimis if: 1. FHW has considered the views of any consulting parties participating in the consultation required by Section 106 of the NHPA; 2.The SHPO is informed of FHWA’s intent to make a de minimis impact finding based on their written concurrence in the Section 106 determination of no adverse effect; and 3. The Section 106 process results in a determination of no adverse effect with the written concurrence of the SHPO. Based on the above information, the FHWA is notifying SHPO of it’s intent to make a de minimis impact based on SHPO’s concurrence with the no adverse effect determination for all of the historic properties listed in Table 4. The FHWA is requesting SHPO’s concurrence with the no advers effect determination for the Nawiliwili – Ahukini Shared-Use Path project. If the SHPO objects to the no adverse effect determination, please inform us within 30 days of receipt of this letter. In the absence of a SHPO response by this date, the FHWA will assume the SHPO concurs with this determination and will proceed with the undertaking. 13 If you have any questions, please feel free to contact me at (808) 541-2316 or by email at meesa.otani@dot.gov. Thank you for your assistance. Sincerely yours, Meesa Otani Environmental Engineer Enclosures cc: Emma Kawamoto, HDOT, HWY-DD Misako Mimura, HDOT, HWY-DE Doug Haigh, Kauai DPW, Building Division Jim Niermann, R. M. Towill Corporation Niiwiliwili -Ahukini Shared-Use PathCounty of Kaua'i Lihuc, Island of Kaua'i, Hawai'i FIGURE 1 : APE -ROUTE ALTERNATIVES ,..., ......m NOTTO SCALE A U ··A LEGEND Primary Project Corridor Separated Shared-Use Path PROJECT LOCATION On-Street Facilities (sidewalk / bike lane I shared use) Pedestrian Path Secondary Network Routes Separated Shared-Use Path On-Street Facilities (sidewalk/ bike lane I shared use) Signed Shared-Use Road Pedestrian Path ■Bike Depot •Fishing Access •Comfort Station --;;. Drainage Crossing ♦Path Segment End Point c::::::::J Area of Potential Effect (APE) The APE is determined to be all of the proposed primary and secon ·- (1) Aen.11 phQIO$ no( Oflhog111•ph�lty rffllfied F'hoto of m;1!,;a1 are.,5 taken Miln;;h 28, 2007 Photo of �uQ arH obwined komSOEST based on NOAA/NOS aenal photr)g1aphy by IMJ Paclie 0'5utl&<' Cen!IIW maPJNng prog1am Image takftn �n March and July 2000 (2) Topographoc data d1gllized kom 19n aer•I IDpo ag.na11t!Jral maJ>6 by R M TOWIII Corporabon (3) TMK d;,18 horn St.lie oeeor GIS d� � ITl/ilOl,llllly -ied and rQ(;lted IQ be$l fit. (4) Ex�• for plannlf'lg and d,sc:uuion purposes onty, not for eog,l'IHt!l'lg des.gn 0 I I 111 0 ZOO 400 R. M. T owill Corporation 800 l200Fc.:=t Kaua'i LEGEND Primary Project Corridor Secondary Network Corridors G/S Layer Source: Hawaii Statewide G/S Program 11-1999 11-800 4 08-9000 Ahukini Landing 11-2097 11-2096 Pacific Ocean 11-2095 11-101 11-209 4 11-422 11-423 11-2093 11-421 11-424 11-2086 11-209 2 11-209 1 11-2090 11-2089 11-2088 Ninini Point 11-2087 11-100Niiwiliwili Harbor FIGURE 2 HISTORIC PROPERTIES IN APE Nawiliwili -Ahukini Shared-Use Path County of Kaua'i Uhu'e, Kaua'i, Hawai'i 0.25 0.5 RM. Towill Corporation Miles DAVID Y. IGE GOVERNOR OF HAWAII SUZANNE D. CASE CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT ROBERT K. MASUDA FIRST DEPUTY M.KALEO MANUEL DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD., STE 555 KAPOLEI, HI 96707 June 12, 2020 IN REPLY REFER TO: Meesa T. Otani, Environmental Engineer Log No.: 2020.01075 Federal Highways Administration Doc. No.: 2006SH10 U.S. Department of Transportation Archaeology 300 Ala Moana Boulevard Architecture Room 3-306, Box 50206 Honolulu, Hawai‘i 96850 Email: Meesa.Otani@dot.gov Dear Meesa Otani: SUBJECT: National Historic Preservation Act (NHPA) Section 106 Review – Request for Concurrence with the Revised Effect Determination Nawiliwili – Ahukini Shared-Use Path Project Ref. No. HDA-HI, Federal Aid Project No. CMAQ-0700(57) Nawiliwili, Kalapaki, and Hanamaulu Ahupua‘a, Lihue District, Island of Kaua‘i TMK: (4) 3-2-002:001 and Niumalu Road, (4) 3-2-003 Niumalu and Waapa Roads; (4)3- 2-004:001, 002, 003 and Waapa Road, (4) 3-5-001:004, 005, 008, 027, 102, 117, 118, (4)3-5-002:002, (4) 3-6-002 Kaana Street, Hardy Street, Rice Street, and Umi Street, (4)3-6-008 Waapa Road, Nawiliwili Stream, and (4) 3-7-002 Ahukini Road The State Historic Preservation Division (SHPD) received a letter dated May 12, 2020 from Federal Highway Administration (FHWA) to request the State Historic Preservation Officer’s (SHPO’s) concurrence with a revised effect determination for the Nawiliwili–Ahukini Shared-Use Path project on the island of Kaua‘i. The SHPD received this submittal on May 12, 2020; FHWA granted a review-period extension to SHPD through June 18, 2020 (Email Correspondence Meesa Otani [FHWA] to Stephanie Hacker [SHPD]). According to the subject letter, the County of Kauai Department of Public Works (DPW) plans to develop a coastal shared-use path between Nawiliwili Park and Ahukini Landing in the Lihue District on the island of Kauai. A path section is also proposed between Nawiliwili Park and Niumalu Park. Additional path sections would connect the coastal path to the Lihue Civic Center and Lihue Airport. The project is a key section 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 proposed HDOT project will receive funding from the Federal Highways Administration (FHWA) and is therefore a federal undertaking as defined in 36 CFR 800.16(y). The proposed project is subject to compliance with Section 106 of the NHPA and historic preservation review under Hawaii Revised Statutes (HRS) §6E-8. The planned project consists of a 12-foot-wide concrete shared-use coastal path. Bike lane and sidewalk improvements to existing and planned street corridors would provide additional connections through urban areas. Path improvements and amenities include separated crossings at major drainage ways, educational and informational signage, a comfort station at Ninini Point, adaptive reuse of the Nawiliwili Stream Railroad Bridge, and various improvements at Nawiliwili Park to be coordinated with the park’s master plan. Meesa Otani June 12, 2020 Page 2 The FHWA’s notes this letter comes as a follow up to previous correspondence dated April 3, 2013 and revises the previous determination of adverse effect due to impacts to State Inventory of Historic Places (SIHP) Site No. 50-30- 11-1845, the Nawiliwili Stream Railroad Bridge. The FHWA has determined that the proposed preservation and adaptive reuse of the bridge to carry a section of the shared-use path would have no adverse effect because all modifications to the original bridge structure will be reversible and will be mitigated through the application of historic preservation design guidelines developed in consultation with the State Historic Preservation Division (SHPD), Architecture Branch. The Area of Potential Effects (APE) has been determined to be all the proposed primary and secondary pathway corridors, as depicted on Figure 1 accompanying FHWA’s letter; historic properties identified within the APE are shown on Figure 2. To identify historic properties in the APE, the FHWA, HDOT, and the County of Kauai DPW conducted background studies including archaeological inventory surveys, cultural impact assessment and architectural inventory survey and conducted public meetings and individual consultations for the subject project with Native Hawaiian Organizations (NHOs) and other consulting parties in compliance with Section 106. A total of 26 historic properties were identified within the APE, 9 of which were determined to be significant per Hawai‘i Administrative Rules (HAR) §13-275-6 as well as eligible to be listed on the National Register for Historic Places (NRHP). The historic properties determined significant under Chapter 6E and eligible for listing on the NRHP are listed in the table below (derived from FHWA’s letter) along with FHWA’s basis for why the criteria of adverse effect were found inapplicable as well as the proposed actions to avoid, minimize, and mitigate adverse effects. SIHP No. Description Basis for no adverse effect 50-30-11-1845 Nawiliwili Stream Railroad Bridge. Constructed 1931. The existing structure will be preserved and will be adaptively reused for a segment of the path in accordance with historic preservation design guidelines developed in consultation with the SHPD, Architectural Branch. The new bridge deck and railings proposed for the Undertaking will be designed to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without damaging the existing bridge structure. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, workmanship, feeling and association. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. The undertaking will avoid this historic property and will include information about the property in interpretive signage along the nearby path segment. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, setting, feeling and association. 50-30-08-9000 Ahukini Landing. Constructed prior to 1927. The undertaking will avoid this historic property and will include information about the property in interpretive signage along the nearby path segment. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, feeling and association. 50-30-11-2086 Pre-contact Terrace Habitation The undertaking will preserve this historic property through the implementation of a 30- foot buffer during project implementation. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, workmanship, and feeling. Meesa Otani June 12, 2020 Page 3 SIHP No. Description Basis for no adverse effect 50-30-11-2087 Historic Lighthouse and associated habitation (caretaker’s residence). Constructed 1933. The existing structures will be preserved and will be adaptively reused as a feature of interest and will be included in interpretive signage along the adjacent path segment. The path design will be integrated with the lighthouse facility in accordance with historic preservation design guidelines developed in consultation with the SHPD, Architectural Branch. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, workmanship, feeling and association. 50-30-11-2089 Historic Mounds; possible burial The undertaking will preserve this historic property through the implementation of a 50-foot buffer. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, setting, and materials. 50-30-11-2090 Military. Structural foundation for gun emplacement. Constructed in 1942. The undertaking will preserve this historic property through the implementation of a 20-foot buffer and interpretive signage. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, workmanship, feeling. 50-30-11-2094 Pre-contact/historical terrace habitation The undertaking will preserve and avoid this historic property with a 20-foot buffer. Information about this historic property will be included in interpretive signage along the nearby path segment. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, workmanship, feeling. 50-30-11-2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp. Constructed prior to 1927. The undertaking will avoid this historic property and will include information about the property in interpretive signage along the nearby path segment. On this basis, the Undertaking will not diminish the integrity of the historic property’s location, design, setting, materials, feeling and association. FHWA also provided the following text describing the proposed treatment of the identified historic properties: The FHWA has committed to the following measures are implemented to avoid and minimize potential impacts to archaeological, cultural, and historic resources: A.Supplemental Archaeological Inventory Survey 1.The County DPW shall prepare a Supplemental Archaeological Inventory Survey (AIS), in accordance with Hawaii Administrative Rules (HAR) §13-276, for the “Secondary Network Routes” located in interior lands prior to the design and construction of those alignments. 2.The AIS shall be submitted by the County DPW, after review by the FHWA and HDOT, to the SHPD for review, including opportunity for public comment, in accordance with HAR §13-275. Unless the SHPD objects [to the proposed mitigation commitments specified in the AIS] within 45 days after receipt of such Plan [sic; AIS], the County DPW shall ensure that its [proposed mitigation] provisions are implemented. B.Archaeological Monitoring Plan 1.The County DPW shall develop an archaeological monitoring plan (AMP), in accordance with HAR §13-279, with a combination of on-site and on-call monitoring during all ground-disturbing activities related to the Undertaking. Meesa Otani June 12, 2020 Page 4 2.If determined to be necessary by the SHPD, a supplemental AMP will be prepared for future work to construct secondary path alignments, based on the findings of a supplemental AIS to be prepared for those secondary alignments. 3.The AMP shall include provisions for addressing burial treatment that are to be implemented in the event of an inadvertent find during construction activities. 4.The AMP will be developed and implemented by a qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology (Federal Register, Vol. 48, No. 190, page 44738-9). 5.The AMP will include the following major elements: a. Archaeological monitoring provisions and procedures to be implemented during the course of the Undertaking's implementation; and b. Specific levels of archaeological monitoring determined to be appropriate for each path section, and c. A follow-up monitoring report for the Undertaking shall be submitted to the SHPD. The monitoring report, containing the location and description of any human burial remains discovered during the course of the Undertaking, shall remain confidential and the precise location data may be provided in a separate confidential index. 6.The AMP shall be submitted by the County DPW, after review by HDOT and FHWA, to the SHPD for a 30-day review. Unless the SHPD objects within 30 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. C.Mitigation Measures for Historic Properties 1.To reduce the potential for adverse effects on historic properties, the County DPW shall ensure that the following mitigation measures are incorporated in the design of the Undertaking and in effect prior to commencement of ground disturbing activities. 2.For State Inventory of Historic Places (SIHP) Site 50-30-11-2086, a pre-contact habitation terrace, the County DPW shall provide a 30-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR §13-277 and approved by SHPD. 3.For SIHP Site 50-30-11-2089, a possible burial mound, the County DPW shall provide a 50- foot preservation buffer in accordance with a Preservation Plan prepared in compliance with HAR §13-277 and approved by SHPD. 4.For SIHP Site 50-30-11-2090, a World War II era military gun emplacement related to the defense of Kauai Island, the County DPW shall provide a 20-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR §13-277 and approved by SHPD. 5.For SIHP Site 50-30-11-2094, a pre-contact habitation terrace, the County DPW shall provide a 20- foot buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR §13-277 and approved by SHPD. 6.For SIHP Site 50-30-11-2103, a historic industrial complex at Ahukini Point, the County DPW shall provide educational signage in accordance with a Preservation Plan prepared in compliance with HAR §13-277 and approved by SHPD. D.Adaptive Reuse of Nawiliwili Stream Railroad Bridge, SIHP Site 50-30-11-1945 1.The County DPW shall consult with the SHPD during the design phase of the Undertaking to ensure that the adaptive reuse of the bridge complies with historic preservation design criteria approved by the SHPD Architectural Branch. 2.The County DPW shall design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without doing major damage to the existing bridge structure. 3.The KHPRC and HHF shall be given the opportunity to provide comments on the design of proposed modifications to Nawiliwili Stream Railroad Bridge at the preliminary and pre-final stages. 4.During right-of-way certification and land acquisition for the Undertaking, the County DPW shall conduct research to determine ownership of the Nawiliwili Stream Railroad Bridge and approaches, including a title search, Land Commission Award research, review of County files related to the bridge and related easements, and consultation with the Lovell ‘Ohana regarding unrecorded easement documents. 5.The County DPW shall replace all references to “Duke’s Bridge” in the project documentation with “Nawiliwili Stream Railroad Bridge.” Meesa Otani June 12, 2020 Page 5 6.Prior to undertaking modifications to the Nawiliwili Stream Railroad Bridge, the County DPW shall prepare Historic American Engineering Record (HAER) or Historic American Building Survey (HABS) documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. HAER or HABS documentation will be submitted to SHPD for review and forwarded to the National Park Service for inclusion in the Library of Congress. 7.The County DPW shall develop interpretive signage for the Nawiliwili Stream Railroad Bridge in accordance with the Interpretive Plan described below in item H. E.Mitigation for Pū‘ali (Niumalu) Bridge 1.The County DPW shall consult with the SHPD during the design phase of the Undertaking to ensure that an adequate buffer is maintained between the Pū‘ali (Niumalu) Bridge and a new, shared-use path bridge. 2.Prior to undertaking modifications to the Pū‘ali (Niumalu) Bridge, the County DPW shall prepare HAER or HABS documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. F.Design Review for Proposed Comfort Station near Ninini Point Lighthouse, SIHP Site 50-30-11-2087 1.The County DPW shall consult with the SHPD during development of design plans for a proposed comfort station at the former site of the Ninini Point Lighthouse caretaker’s house to determine appropriate design of structures. 2.The SHPD, KHPRC and HHF shall be given the opportunity to provide comments on the design of the proposed comfort station at the preliminary and pre-final stages. 3.The County DPW shall develop educational signage for Ninini Point in accordance with the Interpretive Plan described below in item H. G.Treatment of Burial Sites and Human Remains 1.The County DPW shall prepare appropriate documents as required to address the treatment of any burials or other human remains encountered in the course of this project. 2.Documentation concerning the treatment of burials or human remains shall be prepared and processed with the SHPD and KNIBC in accordance with HAR §13-300. 3.The pertinent provisions of any such documents shall be executed prior to the completion of the undertaking. H.Preservation Plan/Interpretive Plan 1.The County DPW shall prepare a Preservation Plan in accordance with HAR §13-277 for SIHP 50-30- 11-2086 (habitation terrace), SIHP Site 50-30-2089 (possible burial mound), SIHP 50-30-11-2090 (gun emplacement foundation), SIHP 50-30-11-2094 (pre/post-contact habitation terrace), and SIHP 50-30-11-2103 (industrial complex). 2.The Preservation Plan shall address interim and long-term preservation and educational and interpretive signage to be provided along multi-use path. Proposed interim preservation measures for the four sites will be submitted to SHPD for review and approval prior to the initiation of ground altering activities within the APE. 3.The County DPW shall consult with the SHPD, KHPRC, HHF, the Kauai Path organization and Native Hawaiian organizations who actively participated in the NHPA Section 106 consultation process in developing the interpretive signage associated with this Undertaking. Interpretive signage will be developed under the following conditions: a. Interpretive signage will address the themes of each of the historic sites identified near the project. b. Interpretive signage and programming may be developed in stages for various segments of the multi-use path. c. The SHPD will have 60 days from receipt of the submitted interpretive signage materials to review, revise, and approve the proposed signage. d. Development and implementation of interpretive signage improvements can proceed concurrently or after construction of improvements under this Undertaking. 4.The Preservation Plan shall be submitted to the SHPD for review and approval prior to implementation. Meesa Otani June 12, 2020 Page 6 I.Mitigation during Construction Activities 1.If cultural materials are discovered during construction, all earth-moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find. 2.If human remains are discovered, Hawaii Administrative Rules Title 13. Subtitle 13, Chapter 300 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains, and SHPD and Police Department will be contacted. The appropriate process would then proceed in conformance with Hawaii Administrative Rules §13-300 Subchapter 4 “Procedures for Property Treatment of Burial Sites and Human Skeletal Remains.” The SHPD has determined the proposed alterations to the Nawiliwili Stream Railroad Bridge will be differentiated from the old; therefore, the new bridge deck and railings are compatible with the essential form and integrity of the historic property and its environment will be unimpaired. The design, workmanship, materials, location, setting, association, and feeling of the proposed project will not affect the integrity of the historic property. The historic character of the property will be retained and preserved. Additionally, the SHPD notes the alterations and additional interpretive signage along the path will comply with the Secretary of the Interior’s Standards for Preservation guidelines. The FHWA has determined proposed undertaking will not diminish the integrity of the nine historic properties listed in the table above and therefore the proposed project will result in no adverse effect. The SHPO concurs. The SHPD looks forward to receiving a draft supplemental archaeological inventory survey report meeting the requirements of HAR §13-276-5, an archaeological monitoring plan meeting the requirements of HAR §13-279-4, and a draft preservation plan meeting the requirements of HAR §13-277 for SHPD review and acceptance prior to the start of project work. Additionally, the SHPD looks forward to the opportunity to comment on the proposed interpretive signage. The SHPD acknowledges the FHWA’s notification of its intent to make a de minimis impact based on SHPO’s concurrence with the no adverse effect determination for all the historic properties. Please contact Julia Flauaus, Architectural Historian, at (808) 692-8029 or julia.flauaus@hawaii.gov for matters regarding architectural resources. Please contact Stephanie Hacker, Historic Preservation Archaeologist IV, at Stephanie.Hacker@hawaii.gov or at (808) 692-8046 for matters regarding archaeological resources or this letter. The FHWA, DPW, and the HDOT are the offices of record for this undertaking. Please maintain a copy of this letter with your environmental review record for this undertaking. Aloha, Alan Downer Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Doug Haigh, Kauai DPW (DHaigh@kauai.gov) Emma Kawamoto, HDOT (Emma.g.Kawamoto@hawaii.gov) Misako Mimura, HDOT (Misako.k.Mimura@hawaii.gov) Julia Flauaus, SHPD (Julia.Flauaus@hawaii.gov) DEREK S.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR 4444 Rice Street, Suite 275 • Līhu‘e, Hawai‘i 96766 • (808) 241-4992 (b) • (808) 241-6604 (f) An Equal Opportunity Employer DEPARTMENT OF PUBLIC WORKS TROY K. TANIGAWA, P.E., ACTING COUNTY ENGINEER BOYD GAYAGAS, DEPUTY COUNTY ENGINEER 000000 September 28, 2021 TO: Alan Downer PhD, Administrator State Historic Preservation Division Department of Land and Natural Resources 601 Kamokila Boulevard, Suite 555 Kapolei, Hawai‘i 96707 via: https://shpd.hawaii.gov/hicris SUBJECT: Historic Preservation Review , Chapter 6E-8, Hawai‘i Revised Statute (HRS) Nāwiliwili – Ahukini Shared-Use Path Project Līhu‘e District (puna moku), Island of Kaua‘i, Hawai‘i Ahupua‘a of Nāwiliwili, Kalapakī , and Hanamā‘ulu Federal Aid Project Number: CMAQ-0700 (57) Tax Map Key Numbers: (4) 3-2-02:1 & Niumalu Road; 3-2-03: Niumalu & Wa‘apā Roads; 3-2-04:1, 2, 3 & Wa‘apā Road; 3-5-01:4, 5, 8, 27, 102, 117, 118; 3-5- 02:2; 3-6-02:Kā’ana Street, Hardy Street, Rice Street, & ‘Umi Street; 3-6-08: Wa‘apā Road, Nāwiliwili Stream; and 3-7-02: Ahukini Road Dear Mr. Downer, The County of Kaua‘i, Department of Public Works (DPW) submits this letter to provide a project summary for the State Historic Preservation Division (SHPD) review per Hawai‘i Revised Statutes (HRS) Chapter 6E-8 in connection with the Nawiliwili – Ahukini Shared-Use Path project. The DPW, plans to develop a coastal, shared-use path between Nawiliwili Park and Ahukini Landing in Lihue District on the island of Kauai. A path section is also proposed between Nawiliwili Park and Niumalu Park. Additional path sections would connect the coastal path to the Lihue Civic Center and Lihue Airport. The project is a key section 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 planned project consists of a 12-foot wide concrete shared-use coastal path. Bike lane and sidewalk improvements to existing and planned street corridors would provide additional connections through urban areas. Path improvements and amenities include separated crossings at major drainage ways, educational and informational signage, a comfort station at Ninini Point, adaptive reuse of the Nawiliwili Stream Railroad Bridge, and various improvements at Nawiliwili Park to be coordinated with the park’s master plan. The project would benefit residents and visitors by preserving coastal access, creating a new safe recreational resource and supporting alternative modes of transportation to connect key community centers, including residential neighborhoods, commercial centers, parks, and the airport and harbor. Per HRS Chapter 6E-8 and Hawai‘i Administrative Rules (HAR) Chapter 13-275, the DPW offers the following documentation: Dr. Downer September 28, 2021 Page 2 of 9 I. IDENTIFICATION AND INVENTORY OF HISTORIC PROPERTIES There are 26 historic properties documented in the project area. The historic properties are listed by SIHP number in Table 1 along with recommended mitigation measures that were developed in consultation with SHPD and consulting parties as part of the NHPA 106 consultation process: Table 1 State Historic Sites Located in the Project Area SIHP No. Site Description Recommendations 50-30-11-009 Kuhiau Heiau. Nawiliwili; A large paved heiau, whose enclosure covered an area of about four acres; long since destroyed. Previously documented. No further work. Describe in interpretive display at Nawiliwili Park 50-30-11-100 Ninini Heiau. near Nawiliwili Harbor Light. Previously destroyed. Documented as destroyed by Thrum (in Bennett 1931). Describe in interpretive display. 50-30-11-101 Ahukini Heiau, near Ahukini Point midway between Ninini Point and Ahukini Landing. Previously recorded foundations not re-located, likely destroyed by erosion and Hurricane Iniki in 1993. Describe in interpretive display. 50-30-11-421 Midden Scatter of marine shells Previously recorded. No further work. 50-30-11-422*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-423*Remnant/probable cattle wall Previously recorded and site updated No further work. 50-30-11-424 Oval Terrace Alignment Previously recorded. No further work. 50-30-11-1845 Historic Railroad Bridge Preserve existing structure. Retrofit new deck and railings as part of shared-use path project. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. Describe in interpretive display. 50-30-11-6009 Nawiliwili Cemetery Avoid. 50-30-08-3958 Historic remnants of a piggery. Previously recorded. No further work. 50-30-08-9000 Ahukini Landing Avoid 50-30-08-9402 Historic Building Remnant at Site of Radio Station KIVM Avoid 50-30-11- 2086* Pre-contact Terrace Habitation Preservation. Avoid with a 20- foot buffer. 50-30-11- 2087* Historic Lighthouse and associated habitation (caretaker’s residence). Preserve remaining structure. Adaptive re-use of the site and educational signage. Dr. Downer September 28, 2021 Page 3 of 9 Table 1 State Historic Sites Located in the Project Area SIHP No. Site Description Recommendations 50-30-11- 2088* Military Concrete slab. The base of a communications tower. Data recovered and recorded. No further work. 50-30-11- 2089* Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. 50-30-11- 2090* Military. Structural foundation for gun emplacement. Preserve in place. Avoid site by establishing a 20-foot protective buffer. Install educational signage. 50-30-11- 2091* Historic habitation foundation. Data recovered and recorded. No further work 50-30-11- 2092* Historic Septic Outhouse and cesspool Data recovered and recorded. No further work 50-30-11- 2093* Plantation-era ditch drainage. Data recovered and recorded. No further work. 50-30-11- 2094* Pre-contact/historic terrace habitation. Preservation. Avoid with a 20- foot buffer. 50-30-11- 2095* Pre-contact Scatter Activity area Data recovered and recorded. No further work. 50-30-11- 2096* Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11- 2097* Historic Drainage Ditch Data recovered and recorded. No further work. 50-30-11- 2103* Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. *Historic sites identified during the archaeological inventory survey of the coastal area between Ahukini Landing and Ninini Point. II. EVALUATION OF SIGNIFICANCE Of the 26 documented historic properties in the APE, the following 9 properties listed in Table 2 retain aspects of historic integrity that qualify the property for the National Register: Table 2 State Historic Sites in the APE that Retain Aspects of Historic Integrity SIHP No. Site Description Eligibilit y Criteria* Aspects of Integrity 50-30-11-1845 Historic Railroad Bridge. Constructed 1931. A, C Location, design, setting, materials, workmanship, feeling and association. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) A, B, D, E Location, setting, feeling and association. Dr. Downer September 28, 2021 Page 4 of 9 Table 2 State Historic Sites in the APE that Retain Aspects of Historic Integrity 50-30-08-9000 Ahukini Landing. Constructed prior to 1927. D Location, design, setting, materials, feeling and association. 50-30-11- 2086* Pre-contact Terrace Habitation D, E Location, design, setting, materials, workmanship, feeling. 50-30-11-2087 Historic Lighthouse and associated habitation (caretaker’s residence). Constructed 1933. C, D Location, design, setting, materials, workmanship, feeling and association. 50-30-11-2089 Historic Mounds. Possible Burial. D, E Location, setting, materials. 50-30-11-2090 Military. Structural foundation for gun emplacement. Constructed in 1942. D Location, design, setting, materials, workmanship, feeling. 50-30-11-2094 Pre-contact/historic terrace habitation. D, E Location, design, setting, materials, workmanship, feeling. 50-30-11-2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp. Constructed prior to 1927. D Location, design, setting, materials, feeling and association. * Eligibility Criteria for inclusion on the National Historic Register (Criteria A through D) and on the State of Hawaii Register of Historic Places (Criterion E). III. EFFECT DETERMINATION DPW offers a “effect, with proposed mitigation commitments” determination for this project. IV. PROPOSED MITIGATION COMMITMENTS The DPW will commit to the following measures to avoid, minimize and mitigate any significant impacts to the historic properties along Nāwiliwili-Ahukini Shared-Use Path. Mitigation measures for specific historic sites are summarized in Table 3. Additional commitments are listed below. Table 3 No Adverse Effect for the following historic properties within the APE SIHP No. Site Description Mitigation Commitment 50-30-11-1845 Nawiliwili Stream Railroad Bridge Preserve existing structure. Adaptive reuse in accordance with historic preservation design guidelines Dr. Downer September 28, 2021 Page 5 of 9 developed in consultation with the SHPD, Architectural Branch. Design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without damaging the existing bridge structure. 50-30-11-1999 Paukini Rock (in Nawiliwili Bay) Previously recorded. Describe in interpretive display. 50-30-08-9000 Ahukini Landing Avoid. Refer to SIHP # 50-30-11- 2103 below. 50-30-11- 2086* Pre-contact Terrace Habitation Preservation. Avoid with a 20-foot buffer. 50-30-11-2087 Historic Lighthouse and associated habitation (caretaker’s residence). Preserve remaining structure. Adaptive re-use of the site and educational signage. 50-30-11-2089 Historic Mounds. Possible Burial. Preserve in place. Avoid site by establishing a 50-foot buffer. 50-30-11-2090 Military. Structural foundation for gun emplacement. Preserve in place. Avoid site by establishing a 20-foot protective buffer. Install educational signage. 50-30-11-2094 Pre-contact/historic terrace habitation. Preservation. Avoid with a 20-foot buffer. 50-30-11-2103 Historic Industrial Complex: Ahukini Landing, Ahukini Terminal and Railway Co. Station, Standard Oil Facility, Ahukini Camp Install educational signage. The DPW shall ensure that the following measures are implemented to avoid and minimize potential impacts to archaeological, cultural, and historic resources: A.Supplemental Archaeological Inventory Survey 1.The County DPW shall prepare a Supplemental Archaeological Inventory Survey (AIS), in accordance with Hawaii Administrative Rules (HAR) 13-13-276, for the “Secondary Network Routes” located in interior lands prior to the design and construction of those alignments. 2.The AIS shall be submitted by the County DPW, after review by the FHWA and HDOT, to the SHPD for review, including opportunity for public comment, in accordance with HAR 13-13-275. Unless the SHPD objects within 45 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. Dr. Downer September 28, 2021 Page 6 of 9 B.Archaeological Monitoring Plan 1.The County DPW shall develop an archaeological monitoring plan (AMP), in accordance with HAR 13-13-279, with a combination of on-site and on-call monitoring during all ground-disturbing activities related to the Undertaking. 2.If determined to be necessary by the SHPD, a supplemental AMP will be prepared for future work to construct secondary path alignments, based on the findings of a supplemental AIS to be prepared for those secondary alignments. 3.The AMP shall include provisions for addressing burial treatment that are to be implemented in the event of an inadvertent find during construction activities. 4.The AMP will be developed and implemented by a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualifications Standards for Archeology (Federal Register, Vol. 48, No. 190, page 44738-9). 5.The AMP will include the following major elements: a.Archaeological monitoring provisions and procedures to be implemented during the course of the Undertaking's implementation; and b.Specific levels of archaeological monitoring determined to be appropriate for each path section, and c.A follow-up monitoring report for the Undertaking shall be submitted to the SHPD. The monitoring report, containing the location and description of any human burial remains discovered during the course of the Undertaking, shall remain confidential and the precise location data may be provided in a separate confidential index. 6.The AMP shall be submitted by the County DPW, after review by HDOT and FHWA, to the SHPD for a 30-day review. Unless the SHPD objects within 30 days after receipt of such Plan, the County DPW shall ensure that its provisions are implemented. C.Mitigation Measures for Historic Properties To reduce the potential for adverse effects on historic properties, the County DPW shall ensure that the following mitigation measures are incorporated in the design of the Undertaking and in effect prior to commencement of ground disturbing activities: 1.For State Inventory of Historic Places (SIHP) Site 50-30-11-2086, a pre-contact habitation terrace, the County DPW shall provide a 30-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 2.For SIHP Site 50-30-2089, a possible burial mound, the County DPW shall provide a 50- foot preservation buffer in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 3.For SIHP Site 50-30-11-2090, a World War II era military gun emplacement related to the defense of Kauai Island, the County DPW shall provide a 20-foot preservation buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 4.For SIHP Site 50-30-11-2094, a pre-contact habitation terrace, the County DPW shall provide a 20-foot buffer and educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. 5.For SIHP Site 50-30-11-2103, a historic industrial complex at Ahukini Point, the County DPW shall provide educational signage in accordance with a Preservation Plan prepared in compliance with HAR 13-13-277 and approved by SHPD. D.Adaptive Reuse of Nawiliwili Stream Railroad Bridge, SIHP Site 50-30-11-1945 1.The County DPW shall consult with the SHPD during the design phase of the Dr. Downer September 28, 2021 Page 7 of 9 Undertaking to ensure that the adaptive reuse of the bridge complies with historic preservation design criteria approved by the SHPD Architectural Branch. 2.The County DPW shall design and construct the new bridge deck and railings proposed for the Undertaking to be independent of the existing bridge such that the new bridge components can be removed, if necessary, without doing major damage to the existing bridge structure. 3.The KHPRC and HHF shall be given the opportunity to provide comments on the design of proposed modifications to Nawiliwili Stream Railroad Bridge at the preliminary and pre-final stages. 4.During right-of-way certification and land acquisition for the Undertaking, the County DPW shall conduct research to determine ownership of the Nawiliwili Stream Railroad Bridge and approaches, including a title search, Land Commission Award research, review of County files related to the bridge and related easements, and consultation with the Lovell ‘Ohana regarding unrecorded easement documents. 5.The County DPW shall replace all references to "Duke's Bridge" in the project documentation with "Nawiliwili Stream Railroad Bridge". 6.Prior to undertaking modifications to the Nawiliwili Stream Railroad Bridge, the County DPW shall prepare Historic American Engineering Record (HAER) or Historic American Building Survey (HABS) documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. HAER or HABS documentation will be submitted to SHPD for review and forwarded to the National Park Service for inclusion in the Library of Congress. 7.The County DPW shall develop interpretive signage for the Nawiliwili Stream Railroad Bridge in accordance with the Interpretive Plan described below in item H. E.Mitigation for Pū‘ali (Niumalu) Bridge 1.The County DPW shall consult with the SHPD during the design phase of the Undertaking to ensure that an adequate buffer is maintained between the Pū‘ali (Niumalu) Bridge and a new, shared-use path bridge. 2.Prior to undertaking modifications to the Pū‘ali (Niumalu) Bridge, the County DPW shall prepare HAER or HABS documentation to supplement the Architectural Inventory Survey and National Register Eligibility Evaluation for Nawiliwili Stream Railroad Bridge and Niumalu Bridge, Island of Kauai final report dated July 2009, if deemed appropriate by the architectural branch staff of the SHPD. F.Design Review for Proposed Comfort Station near Ninini Point Lighthouse, SIHP Site 50-30-11-2087 1.The County DPW shall consult with the SHPD during development of design plans for a proposed comfort station at the former site of the Ninini Point Lighthouse caretaker’s house to determine appropriate design of structures. 2.The SHPD, KHPRC and HHF shall be given the opportunity to provide comments on the design of the proposed comfort station at the preliminary and pre-final stages. 3.The County DPW shall develop educational signage for Ninini Point in accordance with the Interpretive Plan described below in item H. G.Treatment of Burial Sites and Human Remains 1.The County DPW shall prepare appropriate documents as required to address the Dr. Downer September 28, 2021 Page 8 of 9 treatment of any burials or other human remains encountered in the course of this project. 2.Documentation concerning the treatment of burials or human remains shall be prepared and processed with the SHPD and KNIBC in accordance with HAR 13-13-300. 3.The pertinent provisions of any such documents shall be executed prior to the completion of the undertaking. H.Preservation Plan / Interpretive Plan 1.The County DPW shall prepare a Preservation Plan in accordance with HAR 13-13-277 for SIHP 50-30-11-2086 – habitation terrace, SIHP Site 50-30-2089 - possible burial mound, SIHP 50-30-11-2090 – gun emplacement foundation, SIHP 50-30-11-2094 – pre/post-contact habitation terrace, and SIHP 50-30-11-2103 – industrial complex. 2.The Preservation Plan shall address interim and long-term preservation and educational and interpretive signage to be provided along multi-use path. Proposed interim preservation measures for the four sites will be submitted to SHPD for review and approval prior to the initiation of ground altering activities within the APE. 3.The County DPW shall consult with the SHPD, KHPRC, HHF, the Kauai Path organization and Native Hawaiian organizations who actively participated in the NHPA Section 106 consultation process in developing the interpretive signage associated with this Undertaking. Interpretive signage will be developed under the following conditions: a.Interpretive signage will address the themes of each of the historic sites identified near the project. b.Interpretive signage and programming may be developed in stages for various segments of the multi-use path. c.The SHPD will have 60 days from receipt of the submitted interpretive signage materials to review, revise, and approve the proposed signage. d.Development and implementation of interpretive signage improvements can proceed concurrently or after construction of improvements under this Undertaking. 4.The Preservation Plan shall be submitted to the SHPD for review and approval prior to implementation. I.Mitigation during Construction Activities 1.If cultural materials are discovered during construction, all earth-moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find. 2.If human remains are discovered, Hawaii Administrative Rules Title 13. Subtitle 13, Chapter 300 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains, and SHPD and Police Department will be contacted. The appropriate process would then proceed in conformance with Hawaii Administrative Rules §13-300 Subchapter 4 “Procedures for Property Treatment of Burial Sites and Human Skeletal Remains.” The County of Kauai will prevent the disturbance or taking of any historic property or resource to the extent possible by instituting these mitigation measures and enforcing their implementation by contractors. V. FEDERAL FUNDING Dr. Downer September 28, 2021 Page 9 of 9 The proposed project will be funded from a combination of Federal and County funds. The project will receive funding from the Federal Highway Administration (FHWA) and is therefore a federal undertaking as defined in 36 CFR 800.16(y). Consultation under Section 106 of the National Historic Preservation Act (NHPA) has been completed for the project. The SHPO concurred with FHWA’s finding of “no adverse effect” determination in a letter dated June 12, 2020 (Log No.: 2020.01075, Doc. No.: 2006SH10). Sincerely, Troy K. Tanigawa Acting County Engineer cc: Emma Kawamoto , HDOT County of Kaua‘i Nāwiliwili-Ahukini Shared-Use Path Project Application for SMA Permit, SSV Determination, and Zoning Use Class 4 Permit September 2022 Section VI Volume II Exhibits: Exhibit 18 HRS 343 EA with Appendices DEPARTMENT OF PLANNING KA'AINA HULL, DIRECTOR JODI A. HIGUCHI SAVEGUSA, DEPUTY DIRECTOR I.SUMMARY Action Required by Planning Commission: Permit Application Nos. Name of Applicant(s) II.PERMIT INFORMATION � Use Permit D Project Development Use Permit � Variance Permit D Special Permit � Zoning Permit Class 1Z11v □1110 Special Management Area Permit �Use D Minor D Zoning Amendment DIRECTOR'S REPORT DEREK S.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR Consideration of Class IV Zoning Permit, Use Permit, Special Management Use Permit, and Shoreline Setback Variance to allow the construction of the Nawiliwili-Ahukini Shared-Use Path. Class IV Zoning Permit Z-IV-2023-10 Use Permit U-2023-7 Special Management Area Use Permit SMA(U)-2023-10 Shoreline Setback Variance SSV-2023-1 COUNTY OF KAUA'I, APPLICANT R.M. TOWILL CORPORATION, AUTHORIZED AGENT PERMITS REQUIRED Pursuant to Article 11, Section 8-11.3 of the KCC, 1987 as amended, a Use Permit is required to allow any development, structures or uses within the Special Treatment District (ST). Pursuant to Section 8-27.9 of the KCC (1987), a Shoreline Setback Variance Permit is required to allow a prefabricated bridge within the shoreline setback area. Pursuant to Section 8-3.1 of the KCC, 1987, as amended, a Class IV Zoning Permit is a procedural requirement in applying for a Use Permit. Pursuant to Section 205A of the Hawaii Revised Statutes (HRS) and the Special Management Area Rules and Regulations of the County of Kaua'i, a SMA Use Permit is required as defined in Section 7.3(() of the SMA Rules and Regulations where the Director finds that the proposal (1) is a "Development" as defined in Section l.4F; and (2) is in excess of $500,000. AMENDMENTS V:\2023 Master Files\Regulatory\Zoning Permits\Class JV\Z-IV-2023-10\Correspondence\Report 1_ 4.25.23_ Z-IV-2023-l0_U-2023-7 _SMA{U)-2023-l0_SSV-2023-l_Nawiliwili Ahukini Bike Path.docx F.2.a.1. May 9, 2023 D General Plan Amendment D State Land Use District Amendment Date of Receipt of Completed Application: March 15, 2023 April 26, 2023 May 9. 2023 Date of Director's Report: Date of Public Hearing: Deadline Date for PC to Take Action (GOTH Day): June 25, 2023 Ill. PROJECT DATA PROJECT INFORAMTION Parcel Location: The proposed shared-use path traverses through various parcels between Nawiliwili Park, along the eastern coastal area of Ninini Point, to Ahukini Landing back up to Kapule Highway (See Section VI, Exhibit 1, Project Location Map). Tax Map Key(s): (4)3-5-001:005, 008, 009, 092, 102, 158, 160;Area: 967.48 acres (total) (4)3-7-002:999 ZONING & DEVELOPMENT STANDARDS Zoning: Open (O), Industrial-General/ Special Treatment Public (IG-ST-P) Industrial-General (1-G), Conservation (CON), and Agriculture (A) State Land Use District: Agricultural (A), Urban(U), Conservation (CON) General Plan Designation: Natural, Transportation, Parks & Recreation Height Limit: N/A Max. Land Coverage: N/A Parking Requirement: N/A Front Setback: N/A Rear Setback: N/A Side Setback: N/A Community Plan Area: LThu'e Community Plan Community Plan Land Use Designation: N/A Deviations or Variances Requested: Shoreline Setback IV.LEGAL REQUIREMENTS Section 8-3.l(f), KCC: This report is being transmitted to the Applicant and Planning Commission in order to satisfy the requirements of Section 8-3.1 (f), relating to the provision of the Planning Director's report and recommendation on the subject 21Page Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 Public Hearing Date: V.PROJECT DESCRIPTION AND USE proposal within sixty (60) days of the filing of a completed application. The application was received on March 15, 2023, and the Applicant, through its authorized agent, was notified accordingly of the Planning Department's intent to commence permit processing. May 9, 2023 The proposed project is a key section of Ke Ala Hele Makiilae, a sixteen (16) mile Nawiliwili to Anahola Shared-Use Path that was initially proposed in the 1994 State of Hawai'i Master Plan-Bike Plan Hawai'i, and in the 2003 Bike Plan Hawai'i update. The project is being set in phases: A, Bl, B2, B3, and B4. Phases Bl, B2, B3, and B4 are not included in these application's request for approval, the proposed action of this application is for Phase A only. Phase A of the Nawiliwili-Ahukini Shared Use Path which consists of the Segments A, C, E, F, G and H. Segment A Coastal Path Alignment's proposed route is approximately 19, 350 linear feet (LF), of which 17,000 LF is located within the Special Management Area (SMA). The route runs through Ahukini Landing to Ninini Point lighthouse to Ninini Point Street. This segment will be constructed as ten (10) to twelve (12) foot wide concrete walks. The path alignment was selected to take advantage of the natural grade to meet American with Disabilities Act (ADA) accessibility standards for slopes with minimal ground disturbance and to related costs. The path along Segment A and the road will be separated as necessary by means of bollards constructed out of boulder/ timber placement, and concrete, or any physical barrier to deter motor vehicle access on the concrete path. Motor vehicle access shall be permitted on the exiting dirt road shall remain. (See Supplemental Information, Part B., Figure 1-Path Cross Section). Only a few select areas for access to fishing will be allowed to be accessed by motor vehicle (See Section VII, Exhibit 5-Site Photos). All other fishing areas would still be accessible on foot. As represented, the path will cross and impact four (4) drainage ways. As noted on Section VII, Exhibit 6-Special Management Area Map, drainage 1 and 2 are outside of the SMA Area. Improvements to drainageways 1 and 2 would remain as-is or be widened to accommodate the width of the path. It would be determined at such time the design becomes finalized. Drainageway 3 is located within the SMA area and improvements to this area will include a prefabricated bridge that would span, approximately 140 feet in length. The bridge would provide 8 to 12 feet of clear travel width. Drainageway 4 is also located within the SMA area. The existing culvert will be widened on the mauka side to accommodate grading work as well as construction of an eight (8) to twelve (12) foot wide path segment along the makai side of the existing dirt road corridor. The widening will require grading, fill, and construction of either a sloped bank or new retaining wall that would be approximately 100 feet in length and 5 to 8 feet in height situated along the mauka side of the existing road path. There will be a 42-inch-high safety railing and an extension of the existing box culvert inlet to the face of the new embankment. Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 31Page Protective fencing will be installed along the path segment between Ninini Point and Timbers Resorts Hokuala golf course to prohibit dogs from entering the property. A total of ten (10) paved parking stalls and a comfort station will be constructed at Ninini Point Lighthouse with men's and women's facilities, drinking fountain, and lighting. The proposed parking lot and comfort station is located outside of the SMA area. Gates will be installed at the path entrance at Ahukini Landing on the airport perimeter road and be shut in cases of an airport incident or security operation. Signs on the gate will notify the public of access restrictions due to airport or security operations. Interpretive signage will be installed along the pathway to inform and educate the public of the history of Nawiliwili Harbor, Hawai'ian settlement patterns, Ninini Heiau and Kuhiau Heiau, and development of Lihu'e Airport. Signage will also provide information on the natural history of the area, including surrounding landmarks and natural features such as unique flora and fauna and marine animals. Safety, orientation, conservation efforts, user's responsibilities, regulatory restrictions, and other relevant information. No picnic pavilions, picnic tables, or bike racks will be installed along the path corridor between Ninini Point and Ahukini Landing. Segments C, G, and H are part of the Shared-use Road Segment. The shared use road segments, improvements will consist of striping, and/or stenciling the existing paved roadways and installation of "shared-use road signage. A description of the respective segments are as follows: •Segment C-Ninini Point Street from Segment A, connection to Ka pule Highway. •Segment G-Ahukini Point to Lihu'e Airport. •Segment H-Lihu'e to Ka pule Highway stenciling, signage and installation of Bike Storage lockers. VI.APPLICANT'S REASONS/JUSTIFICATION Please refer to the application. VII.ADDITIONAL FINDINGS 1.The proposed path corridor goes through undeveloped, former agricultural land located along the coast makai of Lihu'e Airport. Existing land uses include undeveloped open space, fallow agricultural land, shoreline fishing, and recreational off-road vehicle activity. 2.The majority of the project is located in a plateau area makai of the Lihu'e airport within the ahupua'a of Kalapaki and Hanama'ulu. The topography of the area is gently sloped downward west to east makai of the property. The coastline from Ahukini to Ninini consists of cliffs approximately twenty (20) to thirty (30) feet in height down to a rocky shoreline. The project traverses State Land Use Districts (SLUD) "Agricultural, Conservation, and Urban. The Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 41Page project also traverses through General Plan (GP) designations of Parks and Recreation, Golf, Natural, Urban Center, and Transportation. 3.Segment A of the proposed development is shoreline property and within the 500 feet shoreline setback threshold. This segment will be subjected to the County's shoreline setback requirements contained in Chapter 8, Article 27 of the Kaua'i County Code (1987), as amended. The applicant submitted a Shoreline Setback Determination SSD-2023-39 and presented to the May 91h, 2023 Planning Commission. A Shoreline Variance is requested for the prefabricated bridge at drainageway No. 3, approximately seventy-five {75) feet away from the shoreline. The shoreline setback for this structure is a minimum of 100 feet. 4.The project site is within the extreme tsunami inundation area. The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) indicates that the project between Ahukini Landing and Ninini Point is designated as Zone "VE" Coastal High Hazard Area. The project corridor also passes through Zone "X" designation which has been determined to be outside the .2% annual chance of flooding. 5.Special Management Area (SMA) In addressing the issues of the Special Management Area and its objectives and policies, the following aspects will be considered and evaluated: a.Recreational Resources b.Cultural/ Historic Resources c.Scenic Resources d.Coastal Ecosystems e.Coastal Hazards Furthermore, the proposal does not: •Involve dredging, filling or otherwise altering any bay, salt marsh, river mouth, slough or lagoon; •Reduce the size of any beach or other area usable for public recreation; •Reduce or impose restrictions upon public access to tidal and submerged lands, beaches, rivers , and streams, within SMA; and •Adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, estuarine sanctuaries, potential or existing agricultural uses of land. 6.Comprehensive Zoning Ordinance (CZO) Standards Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 SI Page The proposed development is subjected to standards prescribed in CZO Sections 8-7.3, 8-8.2, 8-9.2, and 8-11.4 respectively. The proposed development is a shared-use path that traverses through several various County Zoning designations. The standards prescribed in the above-mentioned sections of the Comprehensive Zoning Ordinance (CZO) pertains to residential and commercial building standards such as setbacks, setback between buildings, and building heights to which none is applicable to the new development. However, the project involves the construction of a new comfort station that is situated within State Land Use Conservation. The County of Kaua'i has no land use jurisdiction within this area. Given the size of the parcels involved, the proposed development would not exceed land coverage within its respective County zoning districts. 7.Use Permit a.Pursuant to Article 11 of the Comprehensive Zoning Ordinance (CZO), Chapter 8 of the Kauai County Code (1987), all uses, structures, or development shall require a Use Permit for parcels with the County Zoning designation of Special Treatment-Public (ST-P). the Use Permit Procedure is to assure the proper integration into the community of uses which may be suitable only in specific locations of a district, or only under certain conditions, or only if the uses are designed, arranged or conducted in a particular manner, and to prohibit the uses if proper integration cannot be assured. Section 8-3.2 of the CZO specifies a Use Permit may be granted only if the Planning Commission finds that the use meets the following criteria: 1)The use must be a compatible use; 2)The use must not be detrimental to persons or property in the area; 3)The use must not cause substantial environmental consequences; and 4)The use must not be inconsistent with the intent of the Comprehensive Zoning Ordinance (CZO) and General Plan. 8.Shoreline Setback Variance Permit Pursuant to Sec. 8-27.10 (a)(7) Criteria for approval of a variance. a.A shoreline setback variance may be considered for a structure otherwise prohibited by this Article, if the Commission finds in writing, based on the record presented, that the proposed structure meets those standards established under Section 8-3.3 and is necessary for or ancillary to: (7)Private and public structures that are clearly in the public interest; In accordance with Section 8-3.3 of the Kaua'i County Code (KCC), a Variance shall be granted only if it is found that because of special circumstances applicable to the property, such as size, shape, topography, location or surroundings, the strict application of the regulations deprives the property of privileges enjoyed by other property in the vicinity and within the same District, and precludes the property from reasonable use if the regulations are applied. GI Page Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 The Applicant is seeking to deviate from the shoreline setback requirement of 100 feet. The proposal involves a pre-fabricated bridge that would be located within 75 feet of the certified shoreline. VIII.AGENCY COMMENTS Agency comments are forthcoming. IX.PRELIMINARY EVALUATION In evaluating the applicant's request to construct the proposed development, the following should be considered: 1.General Plan The proposed development satisfies the following policies of the General Plan, as taken from Section 1.3 and 1.4: a.Section 1.3, entitled "VISIONS AND GOALS" 1)Goal #1 "Sustainable Island" -The coastal shared-use path would meet the needs of current and future generations by supporting a multimodal transportation system other than the use of gas operated motorized vehicles that rely on non-renewable energy resources. The path would promote a chance for visitors and kama'aina to have access to Lihue's eastern coastal area. 2)Goal #2 "Unique and Beautiful Place" -The proposed development is part of the overall Ke Ala Hele Makii/ae shared-use path system which would connect the Lydgate and Ahukini path segment with Lihu'e Town and the Lihu'e Airport. Consultation with the public and Kanaka Maoli community created conditions and mitigation measures to avoid sensitive cultural and historic sites located along the path's corridor and to provide educational and interpretive programs with signage along the path to highlight Native Hawai'i culture and heritage. 3)Goal #3 "Healthy and Resilient People" -The proposed pedestrian and bicycle shared use path would create a safe and pleasant connection of Kaua'i's eastern coastline to residential and commercial areas. The shared-use path would encourage a more physical lifestyle by providing a multimodal transportation system that provides an alternative to the use of gas operated vehicles. 4)Goal #4" An Equitable Place, with Opportunity for All" -The shared-use path system, including the subject development, would support multi modal transportation that would reduce the reliance of gas operated vehicles. The path would link the Lihu'e and Kapa'a-Wailua area where economic opportunities by generating patronage and commerce at businesses located along other segments of the path. b.Section 1.4, entitled POLICIES TO GUIDE GROWTH"- 71Page Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 1)Policy #4 "Design Healthy and Complete Neighborhoods" -The proposed path is a key component to the linking of other path segments along the eastern coast of Kaua'i. The shared-use path system would provide connectivity of safe routes to walk or bike to existing town centers, residential areas, public services, and public transportation lines. 2)Policy #5 "Make Strategic Infrastructure Investments" -The proposed development aligns with and supports the Kaua'i General plan and LThu'e Community Plan's vision: •Create a balanced, multi-modal transportation system that improves local and regional connectivity; •Create economic opportunities and equitable communities; •Improve island resiliency; •Preserve coastal environments and historic and cultural resources; and •Encourage active lifestyles and improve public health. The Kaua'i General Plan identifies and recommends the completion of the Ke Ala Hele Makiilae path system. 3)Policy #6 "Reduce the Cost of Living" -The proposed shared-use path would help by providing alternative means of transportation besides the use of gas operated vehicles to connect communities to urban and suburban centers of the island. The option to walk, bicycle, or the use of other non-motorized devices (e.g.: skateboards), offers an affordable mode of transportation. 4)Policy #7 "Build a Balanced Multimodal Transportation System" -The proposed project would provide a multimodal transportation system for pedestrians and cyclists. The path facilities would provide access to residential areas, employment and service centers, and recreational areas to Kaua'i's coastlines. 5)Policy #8 "Protect Kauai's Scenic Beauty"-The project path would be designed to maintain visual quality and open space along the coastal area between Ninini point to Ahukini Landing. The proposed comfort station at Ninini Point will be sited and designed to blend in with the surrounding environment. 6)Policy #14 "Prepare for Climate Change" -The proposed shared-use path is designed to follow the existing natural land contours as much as possible to minimize grading and avoid disturbing existing drainage patterns. The concrete walkways would be constructed more than sixty (60) feet away from the certified shoreline. Any portion of the public shared-use path that is less than forty (40) feet away from certified shoreline shall not be reinforced and shall be cut in three (3) foot intervals. 7)Policy #15 "Respect Native Hawaiian Rights and Wahi Pana" -The applicant consulted Kupuna with knowledge of any known on going traditional cultural practices and resources within the area. The applicant also conducted background studies, including an Archaeological Inventory Survey (AIS), a Cultural Impact Assessment (CIA), and a Ka SI Page Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 Pa'akai Analysis. All known cultural and historical resources within the project area would be avoided and left undisturbed by routing the path alignment away from sensitive cultural and historic resources. The proposed project also includes educational programming and installing interpretive signage along the project corridor to educate path users about cultural resources and practices and historic information of the project area. 8)Policy #16 "Protect Access to Kauai's Treasured Places" -The Ke Ala Hele Maka/ae coastal path was designed to preserve public access to shoreline areas. The subject development is a key segment of this system to connect East Kaua'i communities to Lihu'e Town. The path would preserve access to undeveloped coastal areas between Ahukini and Ninini Point. These areas are customarily used for fishing, gathering and recreational activities. The proposed path improvements would ensure that existing access to favored fishing sites along the coastal area is not hindered or restricted. 2.Native Hawaiian Traditional and Cultural Rights The proposal involves a coastal, shared-use path between Nawiliwili Park and Ahukini Landing that runs along the eastern coastline of Kaua'i. Additional path sections are being proposed between Nawiliwili Park to Niumalu Park and Lihu'e Civic Center to Lihu'e Airport. As previously mentioned, this project is a key section to the Ke Ala Hele Makiilae, a 16-mile Nawiliwili to Anahola Shared-Use Path proposed in the 1994 State of Hawai'i Master Plan Bike Plan Hawai'i, and in the 2003 Bike Plan Hawai'i update. The project will be undertaken in five (5) phases: A, Bl, B2, B3, and B4. This application is for Phase A only. Phases Bl through B4 are yet to be determined. Through the National Historic Preservation Act (NHPA), Section 106 process, the applicant's consultant R.M. Towill Corporation (RMTC) conducted consultation with kupuna from the project area with knowledge of traditional cultural practices and resources in the petition area. A list of Native Hawai'ian Organizations, kupuna, cultural practitioners, and individuals can be found in Exhibit 16 "Ka Pa'akai Analysis" Page 4 of the application. Based on the available information, traditional agriculture and aquaculture practices would not be affected or impaired by the proposed development. The individuals and organizations who are familiar with the area and evaluating historical information that was available to the department, the department finds that the proposed Project involving the shared-use path traversing through various parcels should have no impact on any known Hawaiian traditional or customary practices for the following reasons: a.There are no known traditional and customary practices of native Hawai'ians that are presently occurring within the project path's area. b.There are no special gathering practices taking place within the projects path area. c.The project will not detrimentally affect any access to any streams, access to the shoreline or in the ocean. 91Page Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 d.There are no known religious practices taking place within the project path's area. e.There are no known pre-contact cultural or historic sites or resources located within the project paths area. Any known f.All known cultural and historical resources within the project area would be avoided and left undisturbed by routing the path alignment away from sensitive cultural and historic resources. The primary customary and traditional practices identified through the consultation process pertain to access to marine resources along the coastline and nearshore waters for fishing and gathering. No other specific customary and traditional practices were shared by the participants. 3.SMA Rules and Regulations The County of Kaua'i (COK) SMA Rules and Regulations contains objectives, policies and guidelines designed to protect coastal resources. With the SMA, special considerations are given to recreational opportunities, cultural and historic resources, scenic qualities, and open space, coastal ecosystems, and coastal hazards. In evaluating the proposed development relative to the goals and objectives of the SMA rules and regulations, the following aspect are taken into consideration: a.Public Access and Coastal Recreation -The proposed project would significantly enhance public access to coastal and shoreline areas along the paths route. The project would include facilities such as a ten (10) car parking lot area, comfort station, pedestrian/ bike path, and interpretive and educational signage. During construction, parts of the roads may be closed or detoured for a short period of time. The public will be notified via road signs and public service announcements for this inconvenience. Existing access for fishing will also be preserved, however motor vehicle access to fishing spots will be limited to five (5) designated locations where vehicle access can cross the path. b.Cultural/ Historic Resources -Four studies were prepared to help identify historic properties, assess the potential effects, and develop recommended mitigation measures for the entire project area. The Archaeological Inventory Survey (AIS) identified a total of twenty-seven (27) historic sites in the project area, fifteen (15) of those historic sites are located within path Segment A. The sites along with mitigation measures are identified in Section VII, Exhibit 10 -State Historic Sites Figure and Adverse Effect table in the application. Nine (9) out of fifteen (15) of the historic sites are considered to be significant historic properties according to the criteria established for the Hawai'i Register of Historic Places. In the 2008 archaeological literature review and field inspection report prepared by Cultural Surveys Hawai'i for the entire project identified two (2) heiaus located near segment A. The two (2) heiaus are the Ninini Heiau (SIHP No. 50-30-11-100) which is out of the SMA area and was previously destroyed in the early 1900's and Ahukini 10 IP age Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 Heiau (SIHP No. 50-30-11-101} which is located at Ahukini Point Midway from Ninini to Ahukini landing. The Ahukini Heiau was destroyed by erosion and Hurricane lniki in 1993. One historic mound/ possible burial (SHIP No. 0-30-11-2089} identified during the archaeological inventory survey of the coastal area near Segment A. Through the NHPA Section 106 consultation process, the FHWA has determined that there will be "no adverse effect" based on the recommendations summarized in Section VII, Exhibit 10-State Historic Sites Figure and No Adverse Effect Table. The shared-use multi path will be aligned to avoid these historic properties. c.Scenic and Open Space Resources -The shoreline path alignment follows the undeveloped coastal space in close proximity and accessible to LThu'e Town. Signage and bollards would be designed to minimize their visual presence. The path would be dyed to match the color of the native soil. No lighting will be used along the coastal alignment within the SMA. It is anticipated that the proposed path should have minimal negative impacts to the scenic and open space resources in the surrounding area. d.Coastal Ecosystems -Through the studies previously conducted, it was determined that there is no designated critical habitat in the project area. However the following protected species such as the Hawai'ian Monk Seal, Hawaiian hoary bat, green sea turtles, hawksbill turtles, the Nene (Hawai'ian goose}, Koloa (Hawai'ian duck), the Hawai'ian endemic subspecies of the 'Alae 'ula (common moorhen), and the 'Alae ke'oke'o (Hawai'ian Coot) are recorded in the area. In compliance with NPDES Permit requirements, measures to prevent sediment discharge in storm water run-off during construction will be in place and functional before any project activities begin. The proposed project does not involve alterations to stream channels or other water bodies or water sources. The shared-use path does not encroach on any wetland areas and is not situated in or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary. e.Coastal Hazards -According to the Federal Emergency Management Agency (FEMA} Flood Insurance Rate Map (FIRM), the project corridor is Zone "VE" costal high hazard area with some portions of the project within Zone "X". (See Section VII, Exhibit 12- FEMA/ FIRM maps). The proposed path is located on a coastal rocky shoreline bluff and is generally stable. The comfort station is located outside of Zone "VE", path improvements located within the Zone "VE" portion will be limited to at grade path segments, bollards, and signage; no other structures are proposed. 4.Use Permit The proposed request is to be evaluated pursuant to Section 8-3.2 of the Kaua'i County Code (KCC}, 1987, as amended, relating to the standards of issuance for a Use Permit. a.A Use Permit may be granted only if the Planning Commission finds that the establishment, maintenance, or operation of the construction, development, activity, 111 Page Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 or use in particular case is a compatible use and is not detrimental to health, safety, peace, morals, comfort, and general welfare of persons residing or working 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. 1)The use must be a compatible use; 2)The use must not be detrimental to the persons or property in the area; 3)The use must not cause substantial environmental consequences; and 4)The use must not be inconsistent with the intent of the Comprehensive Zoning Ordinance (CZO) and General Plan. b.Based on the foregoing, the following aspects are considered: 1)Compatible Use -The proposed development is a shared-use concrete path. As noted in the Director's Report, potion of the shred-use path traverse through a parcel holding a County Zone designation of ST-P. As such, the proposed use is compatible with the surrounding uses and is not expected to impact urban activities in the area. 5.Variance Permit In consideration the proposed shoreline setback deviation, the following criteria is noted: a.Pursuant to Section 8-3.3 of the CZO, KCC (1987) as amended, Variances from the terms of this Chapter shall be granted only if it is found that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the regulations deprives the property of privileges enjoyed by other property in the vicinity and within the same District, and the applicant shows that he or she cannot make a reasonable use of the property if the regulations are applied. Where these conditions are found, the Variance permitted shall be the minimum departure from existing regulations necessary to avoid the deprivation of privileges enjoyed by other property and to facilitate a reasonable use, and which will not create significant probabilities of harm to property and improvements in the neighborhood or of substantial harmful environmental consequences. Financial hardship to the applicant is not a permissible basis for the granting of a Variance. b.Based on the above, the following aspect is contemplated: 1)Special Circumstances -The Applicant is seeking a deviation from the requirement shoreline setback for a prefabricated bridge located at drainageway No. 3 with a proposed setback of 75 feet. The shoreline setback variance involves a 25-foot departure from the required setback of 100 feet for rocky shoreline parcels with an average lot depth over 220 feet. As represented, the bridge is part of the shared-use path to be used by the 12 I Page Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 public. The necessity for the deviation is due to the existing topography of the land in that area since it determines the placement of the bridge. While it is not considered a minimal departure from the standards, it is necessary to facilitate a public improvement, and it is directly involved with the safety and welfare of the general public. X.PRELIMINARY CONCLUSION Based on the foregoing, it is concluded that through proper mitigative measures, the proposed development can be considered, and it complies with the policies and guidelines of the Special Management Area and Regulations in that: 1.The development will not have any substantial adverse environment or ecological effect. 2.The development is consistent with the objectives/ goals/ policies of the County General Plan, the Comprehensive Zoning Ordinance, and other applicable ordinances. Furthermore, the proposal DOES NOT: a.Involve dredging, filling, or otherwise altering any bay, estuary, salt march, river mouth, slough, or lagoon; b.reduce the size of any beach or other area usable for public recreation; c.reduce or impose restrictions upon public access to tidal and submerged lands, beaches, rivers, or streams, within the special management area; and d.adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, estuarine sanctuaries, or existing agricultural uses of land. In addition, the Planning Department concludes the following: 1.The project will not have significant adverse impacts to the environment or the surrounding area. The proposal is generally in compliance with the criteria outlined for the granting of a Use Permit, Variance Permit, and Class IV Zoning Permit; and Finally, the proposed development should not have any detrimental impact on the environment or the surrounding area, and in compliance with the criteria outlined for the granting of the various permits noted above. However, the Applicant should institute the "Best Management Practices" to ensure that the proposed development does not generate additional impacts that may affect the health, safety, and welfare of those in the surrounding area of the proposal. XI.PRELMINARV RECOMMENDATION Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 13 IP age Based on the foregoing evaluation and conclusion, it is hereby recommended that the construction of the Nawiliwili-Ahukini shared-use path and associated structures under Class IV Zoning Permit Z-IV-2023-10, Use Permit U-2023-7, Special Management Area Use Permit SMA(U)- 2023-10, and Shoreline Setback Variance Permit SSV-2023-1 be approved with the following conditions: 1.The proposed development shall be constructed as represented. Any changes to the development shall be reviewed by the Department of Planning to determine whether Planning Commission review and approval is required. 2.The Applicant is advised that should any archaeological or historical resources be discovered during ground disturbing/construction work, all work in the area of the archaeological/ historical findings shall immediately cease and the Applicant shall contact the State Department of Land and Natural Resources, Historic Preservation Division, and the County of Kaua'i, Department of Planning to determine mitigation measures. 3.The applicant shall develop and utilize Beast Management Practices (BM P's) during all phases of development in order to minimize erosion, dust, and sedimentation impacts of the project abutting properties. 4.The applicant shall resolve and comply with the applicable standards and requirements set forth by the State Health Department, State Historic Preservation Division-DLNR, and the County Departments of Public Works, Fire, Transportation, and Water. 5.To the extent possible within the confines of union requirements and applicable legal prohibitions against discrimination in employment, the Applicant shall seek to hire Kauai contractors as long as they are qualified and reasonably competitive with other contractors and shall seek to employ residents of Kauai in temporary construction and permanent resort-related jobs. It is recognized that the Applicant may have to employ non Kauai residents for particular skilled jobs where no qualified Kauai residents possesses such skills. For the purposes of this condition, the Commission shall relieve the Applicant of this requirement if the Applicant is subjected to anti-competitive restraints on trade or other monopolistic practices. 6.The applicant is advised that prior to construction, additional government agency conditions may be imposed. It shall be the applicant's responsibility to resolve those conditions with the respective agency(ies). 7.The Planning Commission reserves the right to add or delete conditions of approval in order to address or mitigate unforeseen impacts this project may create, or revoke the permits through the proper procedures should conditions of approval be violated or adverse impacts be created that cannot be addressed. 8.Unless otherwise stated in the permit, once permit is issued, the Applicant must make substantial progress, as determined by the Director, regarding the development or Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 14 I Page activity within two (2) years, or the permit shall be deemed to have lapsed and be no longer in effect. The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process scheduled for May 9, 2023, whereby the entire record should be considered prior to decision making. The entire record should include but not be limited to: a.Pending government agency comments; b.Testimony from the general public and interested others; and c.The Applicant's response to staff's report and recommendation as provided herein. ROMIO IDICA Planner Approved & Recommended to Commission: By � Date: Z-IV-2023-10, U-2023-7, SMA(U)-2023-10, and SSV-2023-1; Director's Report County of Kaua'i April 26, 2023 Director of Planning 15 I Page MAX W.J. GRAHAM, JR. JONATHAN J. CHUN IANK. JUNG Federal l.D. No. 99-0317663 BELLES GRAHAM LLP ATTORNEYS AT LAW DYNASTY PROFESSIONAL BUILDING 3135 AKAHI STREET, SUITE A LIHUE, KAUAI, HAWAII 96766-1191 TELEPHONE NO: (808) 245-4705 FACSIMILE NO: (808) 245-3277 E-MAIL: mail@kauai-law.com February 7, 2023 OFCOUNSEL MICHAEL J. BELLES DAVID W. PROUDFOOT DONALD H. WILSON Mr. Ka'aina S. Hull Director of Planning Planning Department County of Kauai VIA EMAIL & HAND DELIVERY 4444 Rice Street, Suite A4 73 Lihue, Kauai, Hawaii 96766 Re: Deferral Request -Order to Show Cause Petition Use Permit No. U-90-38 Dear Mr. Hull: Class IV Zoning Permit No. Z-IV-90-51 In the Matter of the Application of Mark and Diane Daniels for a Use Permit, and Class IV Zoning Permit For Real Property Situated at Hanalei, Kauai, Hawaii Property:Lot 7 of the Sanborn Subdivision Waioli, District of Hanalei, Kauai, Hawaii Kauai TMK No. (4) 5-5-004:003 Prior Owners: Mark and Diane Daniels New Owner: Bula Tree House LLC, a Hawaii limited liability company I am writing to you on behalf of Bula Tree House LLC, a Hawaii limited liability company (the "Applicant"). The Applicant requests a deferral of the Order to Show Cause Petition regarding Use Permit No. U-90-38 and Class IV Zoning Permit No. Z-IV-90-51 ("Master Permit") pursuant to the Planning Commission's meeting on June 14, 1990, and said approval was memorialized in the Planning Department's letter of June 15, 1990. I, along with one of the members of the Bula Tree House LLC, a Hawaii limited liability company, will be off island during the Planning Commission's meeting scheduled for February 14, 2023, and given there is no video conferencing capabilities, we request a deferral until the March 28, 2023, Planning Commission meeting. {W:/DOCS/29229/1/W0l 78793.DOCX} H.1.a. Feb. 14, 2023xK.1. April 11, 2023xK.1. May 9, 2023 Mr. Ka'aina S. Hull Page 2 Febraury 7, 2023 The Planning Department began their inquiry into the Master Permit in 2019. The Applicant responded to the Planning Department's request for a site inspection and requested documents. Thereafter, further inquiry was issued on February 7, 2022. On March 9, 2022, the Applicant submitted its enclosed Status Report. The Status Report was intended to provide an update as requested by the Planning Department to its letter dated February 7, 2022. The Applicant would further like to schedule a meeting with the Planning Department and complainants in an effort to resolve this matter in lieu of holding a contested case hearing on the Order to Show Cause Petition. Therefore, a six week deferral is a reasonable request given the Applicant has been engaged with your Department on this matter since 2019 and provided all requested documentation. Moreover, allowing additional time to resolve this matter may result in an agreement to settle this matter without costly administrative litigation. Thank you very much for your continued assistance in this matter. IKJ:jaug Enclosure Sincerely yours, cc: Mr. Leslie Milnes, w/enc. (via email only) {W:/DOCS/29229/1/W0 178793.DOCX } MAX W.J. GRAHAM, JR.JONATHAN I. CHUN IANK. JUNG Federal l.D. No. 99-03 I 7663 BELLES GRAHAM LLP ATTORNEYS AT LAW DYNASTY PROFESSIONAL BUILDING 3135 AKAHI STREET, SillTE A LIHUE, KAUAI, HAWAII 96766-1191 TELEPHONE NO: (808) 245-4705 FACSIMILE NO: (808) 245-3277 E-MAIL: mail@kauai-law.comMarch 9, 2022 OFCOUNSEL MICHAEL J. BEL LES DAVID W. PROUDFOOT DONALD H. WILSON Mr. Ka'aina S. Hull Director of Planning Planning Department County of Kauai VIA EMAIL & HAND DELIVERY 4444 Rice Street, Suite A473 Lihue, Kauai, Hawaii 96766 Re: STATUS REPORT Dear Mr. Hull: Use Permit No. U-90-38 Class IV Zoning Permit No. Z-IV-90-51 In the Matter of the Application of Mark and Diane Daniels for a Use Permit, and Class IV Zoning Permit For Real Property Situated at Hanalei, Kauai, Hawaii Property:Lot 7 of the Sanborn Subdivision Waioli, District of Hanalei, Kauai, Hawaii Kauai TMK No. (4) 5-5-004:003 Prior Owners: Mark and Diane Daniels New Owner: Bula Tree House LLC, a Hawaii limited liability company I am writing to you on behalf of Bula Tree House LLC, a Hawaii limited liability company (the "Applicant"). In accordance with Condition No. 3 of Use Permit No. U-90-38 and Class IV Zoning Permit No. Z-IV-90-51 ("Master Permit") pursuant to the Planning Commission's meeting on June 14, 1990, and said approval was memorialized in the Planning Department's letter of June 15, 1990, I have enclosed a Status Report. This Status Report is intended to provide an update as requested by the Planning Department in its letter dated February 7, 2022. {W:/DOCS/29229/1/W0l 74933.DOCX } Re: STATUS REPORT Use Permit No. U-90-38 STATUS REPORT Class IV Zoning Permit No. Z-IV-90-51 In the Matter of the Application of Mark and Diane Daniels for a Use Permit, and Class IV Zoning Permit For Real Property Situated at Hanalei, Kauai, Hawaii Property: Lot 7 of the Sanborn Subdivision Waioli, District ofHanalei, Kauai, Hawaii Kauai TMK No. (4) 5-5-004:003 Prior Owners: Mark and Diane Daniels New Owner: Bula Tree House LLC, a Hawaii limited liability company This Status Report ("Report") is submitted by Bula Tree House LLC, a Hawaii limited liability company (the "Applicant"). This Report is intended to provide an update as requested by the Planning Department in its letter dated February 7, 2022. The Applicant reserves its right to supplement this Report once additional information is obtained from the files of the Planning Department as it relates to this matter. I.COMPLIANCE WITH INITIAL CONDITIONS The Planning Commission of the County of Kauai ("Planning Commission'') approved Use Permit No. U-90-38 and Class IV Zoning Permit No. Z-IV-90-51 ("Master Permit") pursuant to the Planning Commission's meeting on June 14, 1990, and said approval was memorialized in the Planning Department's letter of June 15, 1990. (See, Exhibit "A"). The Planning Commission thereafter amended Condition No. 3 by action on April 13, 2010, and said approval was memorialized in the Planning Department's letter of April 15, 2010. (See, Exhibit "A") The approval letters contain ten (10) conditions of approval ("Conditions"). The Applicant is providing the Planning Commission with this Report on each Condition. ]. Condition 1. The size of the art studio shall be limi ted that proposed (288) square feet). No expansion or further commercial use or development shall be allowed on this site. Status. The Applicant continues to acknowledge this limitation concerning the allowable size of the art studio/gallery ("Project"). The size of the structure permitted under Building Permit Nos. 00-3130 and 00-3131 remains the same. (See, Exhibits "B" and "C" for the building permit references). Attached is as survey illustrating the art/studio structure. (See, Exhibit "D"). {W:/DOCS/29229/1/W0l 74930.DOCX} 2.Condition 2. In accordance with Ordinance No. 396, the applicant shall pay an Environmental Assessment Fee upon building permit review by the Planning Department. Status. The Applicant assumes the Environmental Assessment Fee was paid by the prior owner following the approval of the Master Permit given the approval of Building Permit Nos. 00-3130 and 00-3131. The Applicant has requested the Planning Department's file for the 1990 Master Permit and will supplement this Report once additional information is discovered. 3.Condition 3. The subject permits are specifically for a 288 square feet art studio/gallery and shall be re-evaluated by the Planning Commission every three (3) years and be accompanied with a status report. However, the Applicant shall make every effort to relocate the retail portion of the use should commercially zoned retail space become available within Hanalei Town. In the event of change of ownership, the new owner shall notify the Planning Commission. Status. The Applicant purchased the property in June of 2019. (See, Exhibit "F"). Thereafter, the Applicant notified the Planning Department of the change in ownership. (See, Exhibit "E"). The Planning Department performed a site visit to the property on December 4, 2019. The Applicant was informed that the Master Permit was in compliance and no further action was taken after the Applicant submitted the requested information. (See, Exhibit "E"). To the Applicant's surprise, the Planning Department issued the Notice and the Applicant was requested to submit this Report. Since the Applicant acquired the Project, it had been actively leasing the 288 square foot Project to local artists. However, the art studio/gallery Project was vacated in January of 2022 and now the Applicant has put the Project back up for lease. The Applicant has surveyed existing retail space in Hanalei town and no small retail space is currently available. Counsel for the Applicant also spoke to a Hanalei Town commercial landlord and was informed there is no space like the Project currently available. 4.Condition 4. The Planning Commission reserves the right to impose additional conditions, revies existing conditions, or move for revocation of permits should unforeseen or unanticipated conditions be created that cannot be mitigated. Status. The Applicant will observe this condition. 5.Condition 5. Requirements of the State Department of Health, County Water, Fire and Public Works Departments, and State Highways Division must be complied with and/or resolved with the respective agencies. Status. The Applicant acknowledges that original Master Permit request was submitted to the Mayor, Public Works Department, Department of Water, Department of Health, Highways Division, Fire Department, Real Property Division, and H-PIAC as noted in the June 15, 1990 letter. Given Building Permit Nos 00-3130 and 00-3131 were issued for the 288 square foot structure, it is likely the building permit applications were routed to these same agencies. The certificates of occupancy were issued, and as such it is likely no concerns were -2-{W:/DOCS/29229/I/W0l74930.DOCX} raised during the building permit review process. Nonetheless, the Applicant has requested the entire file from the Planning Department to review prior submittals regarding this Project. However, the Applicant was required to deliver this Report within a limited time in response to the Notice and is committed to supplement this request once additional information is provided by the Planning Department. 6.Condition 6. All parking shall be accompanied on-site, and not on the Kuhio Highway shoulders or adjacent properties. If parking cannot be controlled, this shall be considered grounds for revocation of the permits. Status. During the Planning Department's site visit of the Property, the location of the parking was confirmed. Additionally, in response to the Notice, the Applicant submitted an ariel photograph of the parking area. The Applicant has requested the file of the Master Permit from the Planning Department. Given the limited time given to the Applicant to respond to the Notice, it has not generated any additional site plan of the Project's parking area. Should the Planning Department's file on the Master Permit illustrate a difference in the current parking area, the Applicant commits to an updated site plan showing the parking area in relationship to the 288 square foot Project. 7.Condition 7. Applicant shall provide a suitable barrier (chain link or wooden fence) to separate the school and studio use. Status. The Applicant has attached photographs of the existing fence area. (See, Exhibit "G" for the photographs and Exhibit "D" for the survey of the Property). A fence currently exists along between the art studio/gallery and the residence. However, as noted below, the Applicant no longer wishes to continue the preschool operation authorized in Use Permit U-19-78 and Class IV Zoning Permit Z-IV-78-28 issued on February 24, 1978, thereby eliminating the need for this requirement. 8.Condition 8. Applicant shall submit for Planning Department review and approval, prior to building permit consideration, a revised parking and access plan. A minimum of five (5) parking spaces shall be reflected. The access point to Kuhio Highway shall be approved by the State Highways Division. Status. Given Building Permit Nos. 003130 and 00-3131 were issued for the 288 square foot Project, it is likely the building permit application was routed to the State Highways Division. The certificates of occupancy were issued, and as such it is likely no concerns were raised during the building permit review process. Nonetheless, the Applicant has requested the entire file from the Planning Department to review prior submittals regarding this Project. The Applicant was required to deliver this Report within a limited time in response to the Notice. The Applicant will supplement this request once additional information is provided by the Planning Department. -3-{W:/DOCS/29229/1/W0l 74930.DOCX} 9.Condition 9. The hours of operation shall be limited to weekends,holidays, and when school is not in session. Status. The Applicant had informed the Planning Department that it is no longer wishes to continue Use Permit U-19-78 and Class IV Zoning Permit Z-IV-78-28 for the preschool operation issued on February 24, 1978. The Applicant will work with the Planning Department to formally abandon and cancel Use Permit U-19-78 and Class IV Zoning Permit Z IV-78-28. I 0. Condition I 0. The applicant is advised that additional government agency conditions may be imposed. It shall be the applicant's responsibility to resolve those conditions with the respective agency(ies). Status. The Applicant acknowledges that original Master Permit request was submitted to the Mayor, Public Works Department, Department of Water, Department of Health, Highways Division, Fire Department, Real Property Division, and H-PIAC as noted in the June 15, 1990 letter. Given Building Permit Nos. 00-3130 and 003131 were issued for the 288 square foot Project, it is likely the building permit application was routed to these same agencies. No issues were raised by the Planning Department during the December 4, 2019 site visit as it relates to the parking, and as such it is likely no concerns were raised during the building permit review process over twenty (20) years ago. Nonetheless, the Applicant has requested the entire file from the Planning Department to review prior submittals regarding this Project. However, the Applicant was required to deliver this Report within a limited time in response to the Notice, and it will supplement this request once additional information is provided by the Planning Department. -4- {W:/DOCS/29229/1/W0l 74930.DOCX} DEPARTMENT OF PLANNING KA'AINA HULL, DIRECTOR JODI A. HIGUCHI SAYEGUSA, DEPUTY DIRECTOR February 7, 2022 Bula Tree, LLC c/o Michael Rodger P.O. Box 374 Hanalei, HI 96714 RE: USE Permit U-90-38 Class IV Zoning Permit Z-IV-90-51 Tax Map Key: (4) 5-5-004:023 Hanalei, Kaua'i DEREK S.I<. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR The Planning Commission at it's meeting held on June 14, 1990, approved the above permits to operate an art studio/ gallery within 288 square foot structure currently existing on your property, subject to the following conditions: 6.All parking shall be accommodated on-site, not on th e KOhio Highway shoulders or adjacent properties. If parking cannot be controlled, this shall be considered grounds for revocation of the permits. 8.Applicant shall submit for Planning Department review and approval, prior to building permit consideration, a revised parking and access plan. A-minimum of five (5) parking spaces shall be reflected. The aces point to Kiihio Highway shall be approve by the State Highways Division. Please be advised that to date the Planning Department does not have a revised parking plan as required per item 8 of the June 14, 1990 Conditions of Approval. The Planning Commission at its meeting held on April 13, 2010 approved an amendment to Condition No. 3 of the subject permits the following: 3.The subject permits are specifically for a 288 square feet art studio/ gallery and shafl be re-evaluated by the Planning Commission every three (3) years and be accompanied with a status report. However, the Applicant shall make every effort to relocate the retail portion of the use should commercially zoned retail space become available within the Hanalei Town. In event of change of ownership, the new owner shalf notify the Planning Commission. Please be advised that the Planning Department does not have any record of any status reports as required in Condition No. 3 or the submittal of the revised parking and access plan reflecting a minimum of five (5) parking spaces as required in condition No.8 of the subject permits. Pursuant to Condition No. 3, please submit an updated status report to the Planning Department within one week of receipt of this notice. The updated status report shall contain the information as required in condition No. 3 and include a current parking and access plan as required in condition No. 8. 4444 Rice Street, Suite A473 • LThu'e, Hawai'i 96766 • (808) 241-4050 (b) An Equal Opportunity !;mployer EXHIBIT "A" Bula Tree, LLC USE Permit U-90-38, Class IV Zoning Permit Z-IV-90-51 Tax Map Key: (4) 5-5-004:023 Hanalel, Kaua'i Pagel 2 Failure to timely comply will result in the Plannlng Department issuing an Order to Show Cause for the revocation of permits. Should you have further questions regarding this m·atter, p lease contact Romie ldica of my staff at (808) 241-4056. Director of lanning Cc: file Ends.: Conditions of approval letter dated June 14, 1990 Amendment approval letter dated April 13, 2010 JOANN A, YUKIMURA MAYOR COUNTY OF -KAUAI Pl.ANNING DEPARTMl::NT 4280·RICE STREET LIHUE, KAUAI, HAWAII 96766 PETER. A. NAKAMURA PLANNING DIRECiOR ROLAND D. SAGUM, Ill DEPUTY PlANNING DIRECTOR iELEPHONE (808) 245-3918 June · 15 , .1990 ·COPY Mr. Mark Danieils P� o. Box 19i Hanaiei, Hawaii 96714 Subject: · Use Permit -U-90-38 Cla$S IV Zoning Permit Z-IV-90-51 . · TMK: -5 '.'"5-04: 23 Hanalei, Kauai . . The Planning Commission at its meeting held on June 14, 1990, appro ved the above permit_s to operate an· art ·studio/galley within a 288 square foot .. .st_ructure currently existing on your property; subject to the fallowing conditions: · 1. · The size of the art studio shall be limited to that proposed ( 288 squar�r-feet) • . No expansion or further commercial use ordevelopment sha.11-·be allowed on thfs site. . . ·2. In at:cordan"ce with Ordinance· No. 396, · the applicant shall pay anE8vironmental. Assessment Fee upon building permit review by the Planning Department. 3.Said permits shall be temporary in nature,·for one (1) year, b·eginning. from the date of occupancy. At the conclusion :of one year, the Plam�ng Department ·shall re-evaluate the subjectpermits. Applicant shall make every effort to re�acate the reta_il portion of the use should commercial retail .space become availablewithin Hanalei Town prior to·that date. 4.The Planning Conmissio·n reserves the right .. to impose additionalconditi(;ms, revise existing conditions� or move for revocation ofpermits should unforeseen or unant�cipated·conditions be created·that cannot be mitigated.· ·---....... ---···-. ·.•. t·_, ___ ··-· -_____ ........ _ .• · ..... , .... ..:.. ___ ,:... .••. ,, .•••... '_.,., ···--•-•·• ........... _____ :_: ... � ... :-: •. :.: . . . •• -- ........ :., •. , .• , ••• • ••• • .,. • • :, ,,,w• •••••• •• • Mr. Mark Daniells Page 2 June 15, 1990 5.Requirements of the State Heal�h Department, County Water, Fire andPublic Works Departments, and State Highways Division must be complied with and/or resolved with the respective agency(ies). 6.All parking shall be accommodated on-site, and not on the KuhioHighway shoulders or adjacent properties. If parking cannot be controlled, this shall be consider�d grounds for revocation of thepermits. 7.Applicant shall provide a suitable barrier (chain link or woodenfence) to separate the school and studio uses. a.Applicant shall s1,..1bmit for Planning Department review and approval,prior to building permit.consideration, a-revised parking andaccess plan. A minimum of fiv e (.5) parking spaces shall bereflected. The access point·to Kuhio Highway shall be approved bythe State Highways Division.· . 9. The hours of operations shall be limited to weekends, holidays, and when school is not in session. 10.The· applicant is advised that additional government agencyconditions may be imposed. It shall be the applicant's responsibility to resolve those conditions with the respective agency(ies). 0t-A L •V\.�PETER A. NAKAMURA� .Planning Director: cc: · Mayor Public Works De.pf. Water Dept. Heal th Dept. . . Highways Div. Fire Dept. Real Property Div. H-PIAC. .. ·----------.. -----··--·· -.............. . BERNARD P. CARVALHO,JR, IV!AYOR GARY·K.HEU AOMINISTRA TIVE ASSISTANT Aprill4,2010 Mark & Diane Daniells PO Box 191 Hanalei, Hawai'i 96714 COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET KAPULE BUILDING, surre A473 LIHU'E, KAUA'I, HAWAl'I 98766-1326 TEL (808) 241-4050 FAX (808) 241-6699 RE! Amendment to Condition No. 3 Use Permit U-90�38 Class IV Zoning Permit Z..IV-90�51 Tax Map Key: (4) 5�5w04:03Hanalei, Kaua 'i IAN K. COSTADIRECTOR OF PLANNING IMAIKALANI P. AIU DEPUTY DIRECTOR OF PLANNING The Planning Commission at its meeting held on April 13, 2010 approved an amendment to Condition No. 3 of the subject permits and it shal_l read as follows: "3. The supject permits are specifically for a 288 square feet art studio/gallery and shall be re--evaluated by the Planning_ Commission every three (3) years and be accompanied with a status report. However, the Applicant shall make every effort to relocate the retail portion of the use should commercially zoned retail space become available within Hanalei Town. In the event of change of ownership, the new owner shall notify the Planning Commission." Should you have further questions regarding this matter, please contact Dale A. Cua of my staff at (808) 241�4050. Aloha! ��Director of Planning AN EQUAL OPPORTUN11Y EMPLOYER 3/9/22, 8:25 AM Structure Detail Parcel ID: 5-5-004-023 Address: 5-5428 KUHIO HWY Application Date: 12/19/00 Owner: DANIELS,MARK/DIANE MARIE Application #: 00 -3130 Application Type: RELOCATE COMMERICIAL BLDG Valuation: $4,500 Square Footage: 000000000 Tenant Name: Application Status: CERTIFICATE ISSUED Tenant Unit Number: General Contractor: DAN IELLS,STEVEN Zoning Description: RESIDENTIAL 4 UNITS/ACRE Click2Gov Building Permit -Structure Detail EXIIlBIT "B" https://egov.kauai.gov/Click2GovBP/permitinfo.html?OWASP _CSRFTOKEN=0ZWM-I5NX-DOLO-30IB-EVXT-921G-0MOH-REQU&structureDetai1Vie... 1/2 3/9/22, 8:25 AM Str# Seq#: 000 /.000 Structure Description: RELOC: WITHIN SAME TMK Description CONSTRUCTION TYPE OCCUPANCY TYPE FULL BATHROOMS: 1/2 BATHROOMS: BEDROOMS: TOTAL FLOOR AREA: (SF) PRINCIPAL FR AMING: OFF ST PARKING OUTDOORS OFF STREET PARKING ENCL TYPE OF SE WAGE: NUMBER OF STORIES: NBR OF UNITS FOR CENSUS Showing 1 to 12 of 12 entries Click2Gov Building Permit -Structure Detail Value TYPE V NON-R ATED PRIV GAR SH ED AG BLDG 0 0 0 WOOD 0 0 CESSPOOL 1 1.00 https://egov.kauai.gov /Click2GovBP/permitinfo.html?OWASP _CSRFTOKEN=0ZWM-I5NX-DOLO-30IB-EVXT-921G-0MOH-REQU&structureDetailVie... 2/2 3/9/22, 8:25 AM Click2Gov Building Permit -Plan Tracking Action Comments Plan Tracking Action Comments Parcel ID: 5-5-004-023 Address: 5-5428 KUHIO HWY Application Date: 12/19/00 Owner: DANIELS,MARK/DIANE MARIE Application #: 00 -3130 Application Type: RELOCATE COMMERICIAL BLDG Agency Description: 1 PLANNING DEPT Action Description: XX DO NOT USE-APPROVED No Action Log Comment found. « Plan Tracking Status Detail (Rermitinfo.html?OWASP CSRFTOKEN=0ZWM-ISNX-DOLO-30I8-EVXT-921 G- 0MOH-REQU&Rlan TrackDetailView=true). htt ps://egov.kauai.gov/Click2GovBP/permitinfo.html?OWASP _CSRFTOKEN=0ZWM-I5NX-DOLO-30IB-EVXT-921 G-0MOH-REQU&pl anActionComme... 1/1 3/9/22, 8:26 AM Status Detail Parcel ID: 5-5-004-023 Address: 5-5428 KUHIO HWY Application Date: 12/19/00 Owner: , DANIELLS,MARK/DIANE MARIE Application #: 00 -3131 Application Type: ALTER/REPAIR COMMERCIAL Valuation: $11,500 Square Footage: 000000000 Tenant Name: Application Status: CERTIFICATE ISSUED Tenant Unit Number: General Contractor: DANIELLS,STEVEN Zoning Description: RESIDENTIAL 4 UNITS/ACRE Click2Gov Building Permit -Status Detail hllps ://egov. kauai .gov/Click2GovB P/selectperm it.html?OWAS P _ CSRFTOKEN=0ZWM-l5NX-DOLO-30 IB-EVXT-921 G-0MOH-REQU&permit.app Year A. . . 1 /2 3/9/22, 8:26 AM Click2Gov Building Permit -Status Detail Structure Detail (permitinfo.html?O\. /SP CSRFTOKEN=0ZWM-I5NX-DOLO· :B-EVXT-921 G-0MOH- REQU&structureDetailView=true&structureNumber=000&structureSeguence=000&structureDesc=ALTC%3A+RENO https://egov.kauai.gov/Click2GovBP/selectpermit.html?OWASP _CSRFTOKEN=0ZWM-I5NX-DOLO-30IB-EVXT-921 G-0MOH-REQU&permit.appYearA... 2/2 3/9/22, 8:26 AM Click2Gov Building Permit-Plan Tracking Action Comments Plan Tracking Action Comments Parcel ID: 5-5-004-023 Address: 5-5428 KUHIO HWY Application Date: 12/19/00 Owner: DANIELLS,MARK/DIANE MARIE Application #: 00 -3131 Application Type: ALTER/REPAIR COMMERCIAL Agency Description: PLANNING DEPT Action Description: XX DO NOT USE-APPROVED No Action Log Comment found. « Plan Tracking Status Detail (Rermitinfo.html?OWASP CSRFTOKEN=0ZWM-I5NX-DOLO-30IB-EVXT-921 G- 0MOH-REQU&Rlan TrackDetailView=true). EXHIBIT "C" htt""·iformv b, ,,,i.nov/Click2GovBP/permitinfo.html?OWASP _ CSRFTOKEN=0ZWM-I5NX-DOLO-30IB-EVXT-921 G-0MOH-REQU&planActionComme...1 /1 I �:: LOT COVERAGE CALCULATION BUILDING FOOTT'RINTS 1,766 5G. FT. GONG. WALKS t PAYERS 501 SQ. FT. TOT AL = 2,273 SQ. FT. 96 COVERAGE= 28.796 APRIL II, 20/8 REV. APRIL 18, 20/8 PREPARED FOR TITLE 6UARANn' OF HAWAJI, INC. P.O. Box 223BBO Princeville, Hi 'l6122 LOT E LOT 6 FENCE 1.6 INSIDE LOTF FD. 1/2" PIPE 25'1°:;IO' - CONG.HALK -11c:P � �SEPTIC ,.,. 'SHED LIDS (SEf PIPE 1\1 I SET HJ6 reATE I II ' .,,,,, -�.Q8. I 1� I I I \I I I I .. ,. . . ._.<. .,..: � t;t1. �.-,.' •�;.:-!3J �J r-cor.c. HALK • o I - ----·b � � § (\ § Ol RE: DANlal5 TO DEFREES ESGROW No. ll?>IIOJqe, ROCK COLUMNI.O INSIDE 10' jll.JILD�\"-......eRAva--;, g vFD-B/4' PIPE� --·• \.._ � \ 1;151.4:3 FT. N. W. �\ SETl/2''\: .. -\ �;lp�_!ZiHAlA'.S. Note, I. Features shoi,in hereon reflect field conditions. on April 'l, 201B. 2. Azimuth referenced to "PAPALIHALA" Government Triangulation Station. 5. 5' Minimum �ard bulld1ng setback, or 1/2 / 41.35 PIPE L 17.001 1'1°:li!°r ..;= t>�:.:.._ �-¢¢-IJTILITI" r----,-....J -.........._.j POLES I EDGE AC --) PAVM'T HATER -.-..._ MEIER -._ the top--p late of building, whichever 15 greater. 0 20 l<UH/0 HleH/1'/AY 'Ji\ Honua Engineering, Inc.\ !:, P.O. Box 851 Hona!ei, HI 96714 (808} 826-7256 1HK 5-5-04.23 (4th Div) �-.a eraphlo Soa/e In Feet 40 I ] � Halo// Bea oh �l -Hek.e Road VICINITY MAP Seal,:,, 1"=:20Q' Survey of 1-or; Sanborn Subdfvlslon:.(Ff/e f'./an BBb) Being also "Hana lei 0/aterfalls." Condominium /vfap No. 4'il2, a� amended at J/1/afo/f, Hana/el, 1<aual, Hawal/ THIS MAP WAS PREPARED BY ME OR UNDER MY 9JPERYl5ION 7lf ensea Professronar I.Cina Survllljor Certificate No. 14,484 EXP. 4/30/20 Pro Jeot No. 604/J Begin forwarded message: From: Mike Rodger <mike@kauaiexperience.com> Date: November 12, .2020 at 2:41:24 PM HST To: Leslie Milnes <lmilnes@kauai.gov>, Leila Rodger <leila.k@me.com>, Mike Rodger <kauaiislandexperience@gmail.com> Subject: TMK 5-5-04-23 Bula Tree House LLC Aloha Les, We hope you and your Ohana are safe, happy and healthy. Just spoke with Ian Jung. He mentioned that we should contact you regarding a status report on our little art gallery located in Hanalei. We hav� not changed ownership since we purchased the property in . _ _._ Jw-ne 2019, however we did put the property into "Bula Tree House LLC". Although we are still the owners. Please let me know if there is anything else that you need from us at this time. Other than that �:verything, is exactly the same since you came for your friendly visit. Thank you very much for your assistance. 1 Mahala, Leila & Michael Rodger (808)346-3094 Begin forwarded message: From: Leslie Milnes <lmilnes@kauai.gov> Subject: RE: TMK 5-5-04-23 Bula Tree House LLC Date: December 6, 2019 at 7:41:01 AM HST To: Leila K Rodger <leila.k@me.com> Cc: "Ian K. Jung" <ikj@kauai-law.com>, Mike Rodger <mike@kauaiexperience.com> Good morning Rodger clan, Thanks for the Elevation Cert. and survey map. Exactly what the Department needed. Much appreciated, LPM CZM Enforcement Officer, Enforcement Division County of Kauai, Department of Planning 4444 Rice Street, Suite A473 Lihue, Hawaii 96766 (808)-241-4064 CONFIDENTIALITY NOTICE: This message is covered by the Electronic Communications Privacy Act, Title 18, United States Code, Sec. 2510-2521. This e-mail and any attached files are deemed privileged and confidential, and are intended solely for the use of the individual(s) or entity to whom this e-mail is addressed. If you are not one of the named recipient(s) or believe that you have received this message in error, please delete this e-mail and any attached files from all locations in your computer, server, network, etc., and notify the sender IMMEDIATELY at lmilnes@kauai.gov. Any other use, re-creation, dissemination, forwarding or copying of this e-mail and attached files is strictly prohibited and may be unlawful. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. Nothing in this message is intended to constitute an Electronic signature for purposes of the Uniform Electronic Transactions act (UETA) or the Electronic Signatures in Global and National Commerce Act ("E-Sign") unless a specific statement to the contrary is included in this message. Thank you for your cooperation. From: Leila K Rodger <leila.k@me.com> Sent: Wednesday, December 04, 2019 6:53 PM To: Leslie Milnes <lmilnes@kauai.gov> Cc: Ian K. Jung <ikj@kauai-law.com>; Mike Rodger <mike@kauaiexperience.com> Subject: Re: TMK 5-5-04-23 Bula Tree House LLC CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Les, 2 Thank you Les . . See you around 1 :45 or 2:00 today. Mahala, Leila K Rodger/ Property Manager e -leila.k@me.com m -808.635.8088 On Dec 4, 2019, at 10:36 AM, Leslie Milnes <lmilnes@kauai.gov> wrote: Thank you Leila for the response, I shall call you when I'm in Kilauea heading your way. It should be around 1:45 PM or so. Ian Jung has contacted me. See you this afternoon. Regards, LPM From: leila kawaihalau <leila.k@me.com> Sent: Wednesday, December 04, 2019 8:07 AM To: Leslie Milnes <lmilnes@kauai.gov> Subject: Re: TMK 5-5-04-23 Bula Tree House LLC CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Good Morning Les, 3 Yes, today will work. Let us know what time works between 12 - 2 for you. � Mahala, Leila K Rodger On Dec 3, 2019, at 3:28 PM, Leslie Milnes <lmilnes@kauai.gov> wrote: Leila K Rodger / Property Manager e -leila.k@me.com m -808.635.8088 REF: TMK 5-5-04-23 Bula Tree House LLC Aloha Mrs. Rodger, 'Leila" The Department would like to conduct an on-site inspection of the subject property to identify current conditions and uses occurring thereon� Attached with this email are two documents relative to Use Permit U- 90-38, Class IV Zoning Permit Z-IV 90-51 issued to the subject property for the commercial art studio/gallery. Please review their content as this will be discussed on the day of the inspection. Please provide me a time to meet, post noon up to 2PM, on the following days that might fit into your schedule. This Wednesday the 4th or Friday the 6th. Please let me know if these days and time are acceptable in your world. CZM Enforcement Officer, Enforcement Division 4 County of Kauai, Department of Planning 4444 Rice Street, Suite A473 Lihue, Hawaii 96766 (808)-241-4064 CONFIDENTIALITY NOTICE: This message is covered by the Electronic Communications Privacy Act, Title 18, United States Code, Sec. 2510- 2521. This e-mail and any attached files are deemed privileged and confidential, and are intended solely for the use of the individual(s) or entity to whom this e-mail is addressed. If you are not one of the named recipient(s) or believe that you have received this message in error, please delete this e-mail and any attached files from all locations in your computer, server, network, etc., and notify the sender IMMEDIATELY at lmilnes@kauai.gov. Any other use, re-creation, dissemination, forwarding or copying of this e-mail and attached files is strictly prohibited and may be unlawful. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. Nothing in this message is intended to constitute an Electronic signature for purposes of the Uniform Electronic Transactions act (UETA) or the Electronic Signatures in Global and National Commerce Act ("E Sign") unless a specific statement to the contrary is included in this message. Thank you for your cooperation.<Z-IV-90-51, U-90-38 approval. pdf> <Z-IV-90-51 amd.pdf> 5 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED July 11, 2019 8:01 AM Doc No(s) A-71310108 11 1 111 1111 1 /s/ LESLIE T. KOBATA REGISTRAR 1/1 B-33354832 SKC Conveyance Tax: $30.00 LAND COURT SYSTEM REGULAR SYSTEM After Recordation, Return by: Mail ( Pickup ( ) BULA TREE HOUSE LLG-m.E GUARAN OF HAWAII (Wk: 201916236D p O BOX 374 FILED THIS DO .Jiy.ENT FOR RECfc\W-'!fr 24219126323M, /.\M 1\GCOMM<. -AT!ON ONLY. Tf.1'81 HANALEI HI 96714 nocuiW.:NT ,·IA'> NOT BEEN Glenda Matsushima REV!'.'.'Nic:D OR IN ANY li-/AY EYJ\.llll!NED AS TO !TS EFFECT G;-i REAL PnOP!::RTY. TYPE OF DOCUMENT: QUITCLAIM DEED PARTIES TO DOCUMENT: GRANTOR: MICHAE L RODGER, a married man GRANTEE: BULA TREE HOUSE LLC, a Hawaii limited liability company P.0. Box374Hanalei, Hawaii 96714TAX MAP KEY FOR PROPERTY: � ITEM I: ITEM II: ( 4)5-5-004-023(4)5-5-004-023 CPR No. 0001 CPRNo. 0002 Unit No. AUnit No. B {W:/DOCS/I054/42/W0159562.DOCX} EXHIBIT "F" QUITCLAIM DEED KNOW ALL PEOPLE BY THESE PRESENTS:MICHAEL RODGER, a married man, whose mailing address is P. 0. Box 374, Hanalei,Hawaii 96714, hereinafter called the ''Grantor", in consideration of the sum of Ten Dollars($10.00) and other good and valuable consideration to the Grantor paid by BULA TREE HOUSELLC, a Hawaii limited liability company, whose mailing address is P. 0. Box 374, Hanalei, Hawaii96714, hereinafter called the "Grantee", the receipt of which is acknowledged, hereby remises,re leases and quitclaims unto the Grantee, as a tenant in severalty, its successors and assigns, theproperty described in Exhibit "A" attached hereto and incorporated herein by reference.AND the reversions, remainders, rents, issues and profits and all of the estate, right, titleand interest of the Grantor, both at law and in equity, in and to the property.TO HA VE AND TO HOLD the property, including the improvements thereon, and allrights, easements, privileges and appurtenances belonging or appertaining to or held and enjoyedwith the property, unto the Grantee, according to the tenancy herein set forth, forever.This instrument and the respective covenants of the Grantor and the Grantee shall bebinding on and inure to the ben efit of the Grantor and the Grantee, respectively. The terms"Grantor" and "Grantee" as and when used herein, or any pronouns used in place thereof, shallmean and include the singular or plural number, individuals, partnerships, trustees andcorporations, and each of their respective heirs, personal representatives, successors and assigns.All covenants and obligations undertaken by two or more persons shall be deemed to be joint andseveral unless a contrary intention is clearly expressed herein.IN WITNESS WH EREOF, the Grantor has duly executed this instrument this \ � dayof lJ\Anu , 20 \ct . !ii;�-::::::--:-.,, MICHAEL RODGER . Grantor {W:/DOCS/1054/42/W0159562.DOCX} -2- H.1. Feb. 14, 2023XK.1. April 11, 2023XK.1. May 9, 2023