Ma’alaea Required Planning Process and Path Forward based on Kahana Bay Experience Presentation to Ma’alaea Village Association February 27, 2020 Michele McLean, Director James Buika, Coastal Resource Planner County of Maui Department of Planning Kaanapali: Pu’u Keka’a (Black Rock) Kahana Beach Cell Nine condo properties, plus one private residence (north to south): • Kahana Village • Kahana Outrigger* • Felimon Sadang property • Kahana Reef* • Pohailani* • Hololani* • Royal Kahana • Valley Isle Resort • Sands of Kahana • Kahana Beach Resort* *armored shoreline (temporary or permanent) End Effect to Sands of Kahana, Valley Isle Resort Emergency Response, 2016 2018, in foreground Kahana Beach (Royal Kahana, Removal of pool hale), Nov 2017 & Nov 2018 WHY ARE WE KeyLOSING Points HAWAII’S from BEACHES? Lessons Learned: Moving the Conversation from Rocky Point, Oahu: December 2013 “What?” to “How?” 1. Reactive vs. proactive 2. Shoreline now managed by parcel 3.Shift to regional beach cell approach 4.Establish public–private partnerships 5.Proactively restore beaches where feasible Image: Jim Buika PLANNING CHALLENGE: NAVIGATING THE MULTI-JURISDICTIONAL SHORELINE PERMIT PROCESS COUNTY STATE STATE & FEDERAL Ma’alaea Planning Process Path Forward: Anticipated Time & Cost Challenges Identify Problem: Scope Solutions: Chronic Coastal Preferred Alternative, Erosion that has Regional Soft Sand Accelerated to Solution @ $500K per Emergency Status parcel 3 months 3 months, add protection, $250K +3 months “ Procure Solution: Beach Cell Environmental State Restoration” Funding via Assessment + Supplemental Certified Private Studies: (Geotech, Biology, Shoreline Sources Archaeology, Marine (Decision by Resources, Identify Sand Part of EA, BOD) Source, wave modeling) $10K +6 months +18 months, $150K+ Supplemental Studies ($250K) Special Management Area Permit Department HI Conservation HI Dept of Health & Shoreline Setback Approval of Army District Use Permit Permit 401 Clean with agency comments Permit Water Act +18 months, $100K……………….. Parallel processing with the County SMA Permits +4 months, mobilize & complete project @ $500K Total Time & Cost: 55 months + $760K + $500K to compete project Anticipated Permits for Shoreline Project (18) Federal Permits (3) County Permits (8) 1. Dept of the Army (DA) 1. Shoreline Setback Variance (SSV) Section 404 2. Special Management Area Permit 3. Building Permit 2. Dept of the Army (DA) 4. Flood Development Permit Section 10 5. Dune Certificate 3. Best Management 6. Coastal High Hazard Area Certification Federal Practices Plan (BMPP) 7. Grubbing and Grading Permit Maui 8. Right of Entry (ROE) County State Permits (7) 1. Shoreline Certification 2. Conservation District Use Permit (CDUP) 3. Section 401 Water Quality Certificate (WQC) 4. National Pollutant Discharge Elimination System Permit (NPDES) 5. Coastal Zone Management Consistency Determination (CZM) State of 6. Right of Entry (ROE) Hawaii 7. Grant of Non-Exclusive Easement Kahana: Proposed Community Facilities District Kahana Villa & Pohailani Maui Manor Kahana Kahana Village Outrigger Kahana Falls Sadang Family Kahana Reef Pohailani Maui Hololani Royal Kahana Valley Isle Sands of Kahana Resort Kahana Beach • Using Community Facilities District bond… • If cost = $24,000,000 • 1,200 owners = $20,000/unit • 20 year bond life= $1000/year • ~$83/month/owner for 20 years Kahana Bay, Five-year, Proactive-Planning Partnership: Benefits to Ma’alaea Bay: Documentation of the Public-Private Partnership since 2015: 1. Council Budget Funding for Kahana Bay Sand Study in 2016 w Royal Kahana 2. County Conduct of over 40 Community & Ownership Meetings since 2015 3. Engagement with the US Army Corps of Engineers, Completion of $50,000 Alternatives Study for Kahana Bay, 2016 4. County Emergency Permits Issued to Protect Kahana Bay parcels, 2010 – 2019 5. Formation of the Kahana Bay Steering Committee & Cost-Sharing Agreement 6. Private Funding for Environmental Impact Statement, 2017 7. Formation of Community Facilities District Ordinance, 2018 8. Recent November 18 County Council Meeting re: CFD, 2019 9. Major 5-Year Proactive Shoreline Planning Effort by the County of Maui with the Kahana Bay Steering Committee 2015-2019 Iroquois Point, Oahu – rock t-head groins provide a successful model Kahana Bay Restoration Concept WHY ARE WE KeyLOSING Points HAWAII’S from BEACHES? Lessons Learned: Moving the Conversation from Rocky Point, Oahu: December 2013 “What?” to “How?” 1. Reactive vs. proactive 2. Shoreline now managed by parcel 3.Shift to regional beach cell approach 4.Establish public–private partnerships 5.Proactively restore beaches where feasible Image: Jim Buika Mahalo Nui Loa Michele McLean, Director Tara Owens James Buika, Planner Coastal Processes & Hazards Specialist University of Hawaii Sea Grant County of Maui Planning Department Proposed Process in Rules: Within ninety days… Any such approval, in addition to any project-specific conditions, shall include the following conditions: 12-202-16 (h) (1) Within ninety days, the applicant shall provide the department a description of potential long-term alternatives designed to alleviate the emergency situation, which shall include: (A) relocation of threatened structures as an alternative; (B) beach restoration as an alternative; (C) a description of how each alternative complies with chapter 12- 203 of the commission’s shoreline rules; (D) a draft timeline to plan, design and complete each long-term alternative; and (E) a list of potential federal, State, and County permits required to achieve each long-term solution. Proposed Process in Rules: Within ninety days… Any such approval, in addition to any project-specific conditions, shall include the following conditions: 12-202-16 (h) (2) Within ninety days of the permit’s approval, the permit holder shall consult with the department about such long-term alternatives to understand the requirements and restrictions for work permitted in the shoreline setback area, as defined in the commission’s shoreline rules. 12-202-16 (h) (3) The temporary measure must be removed unless the permit holder submits an application by the date specified by the emergency permit to allow the temporary measure to remain, pursuant to subsection (i). Proposed Process in Rules: Time Extension Request @ 180 days… 12-202-16 (i) The permit holder may apply for a time extension for any permit provision on a form provided by the department. Such application shall include, at a minimum: (1) a description of the permit holder’s preferred alternative; (2) evidence that the permit holder is making adequate progress toward completing permanent measures, but reasonably cannot do so within the time allowed by the emergency permit; and (3) a plan and timeline for obtaining all required permits. The director may approve a time extension for no more than one hundred days at a time. .