Ke Kai Planning LLC has extensive experience and professional networks on the County, State, and Federal Level. Ke Kai Planning LLC can help you navigate the uncertain world of rules, regulations, and laws of the various counties – County of Maui, County of Hawaii, County of Kauai, State of Hawaii, and Federal Laws. Let Ke Kai Planning LLC relieve stress, streamline permits, help draft restoration corrective actions plans, and act as a Point of Contact for your planning needs.
PERMITTING / ENFORCEMENT ACTION – Waialua River, Molokai
Molokai, Enforcement Action by the State of Hawaii, Department of Health, the US Environmental Protection Agency, and the County of Maui
Ke Kai Planning LLC worked to resolve the pending violations and enforcement cases brought by the State of Hawaii (State), Department of Health (DOH), the US Environmental Protection Agency (EPA) and the County of Maui. The violators failed to comply to the Federal Clean Water Act, Section 301(a) and Section 404, the DOH HRS Section 342D (with unpermitted sediment in a Class II Inland State Waterway without a DOH Permit) and were remanded to pay a fine and submit to the US EPA and DOH a Corrective Action Plan/Draft Restoration Plan. Ke Kai Planning coordinated with the agencies to reduce the fines, meet critical deadlines, and streamline permit requirements.
PROFESSIONAL PROJECTS / PUBLIC OUTREACH – West Maui All Hazard Emergency Plan
Draft An All Hazard-Emergency Plan, West Maui
Collaborated with federal, county and West Maui agencies to draft a disaster preparedness plan for West Maui.
This plan establishes the emergency management responsibilities of the West Maui Community, state, county and local departments and agencies, and identifies how they will work with the Hawaii Emergency Management Agency (HI‐EMA) and The Maui Emergency Management Agency to ensure the state is prepared to execute a well‐coordinated, timely and consistent disaster response. The plan also addresses how the West Maui Community and how the state’s activities will be integrated with county and federal government response efforts and incorporate partners from the private sector and non‐governmental organizations.
Link to download PDF: http://www.westmaui.org/emergency-planning.html
PLANNING & PERMITTING – Demolition, Oahu
Demolition of Building 301 and Building 304 Complex, Oahu
The Department of Defense (DoD), Hawaii Army Guard wanted to remove Building 301 and Building 304 Complex as funding, staff, and infrastructure resources were being reallocated to Kalaeloa. The challenge was both the buildings were located within the Diamond Head State Monument, the Conservation District, and a registered Historic District.
Numerous meetings between with the Diamond Head Citizens Advisory Committee, State Parks, Historic Preservation Division, City and County of Honolulu, Department of Planning and Permitting, Waikiki Neighborhood Board, Hawaiian Civic Groups, and the National Park Service allowed the final demolition plans to identify the removal of landscaping, infrastructure, utilities plus retention of specific historic features (rock walls), and identification of potential endangered species.
The proposed demolition required a CDUP, SMA Exemption, and Environmental Impact Assessment documentation. Additional documents to satisfy the National Historic Preservation Act, Section 106 reports were updated (Archeological Inventory) and Historic American Building reports for the two buildings were submitted.
The DLNR Chair approved the Demolition Site Plan, and the City and County of Honolulu approved the SMA Exemption in 2017.
PLANNING PERMITTING/GOVT-SPECIFIC EXPERTISE-Shoreline Erosion Control Seawall
Shoreline Erosion Control/Seawall for AOUO for Hale Kai Condominiums, Maui
The AOUO of Hale Kai Condominiums constructed a seawall without the DLNR’s approval and asked for ATF CDUP approval.
Challenges facing the project was the unauthorized use of the state lands (1,484 square feet state land,with submerged portions), an unauthorized seawall/revetment that was located in Flood Zone VE, and open building permits from the County of Maui. Consultation was done with the DLNR – Land Division, Historic Preservation Division, DOCARE, State Parks, Engineering Division, Boating, Maui County Planning Department, Department of Public Works, and Department of Health, and Maui County. Significant comments were received and concerns addressed regarding access, erosion, and encroachment onto state lands.
The project required a CDUP and an Environmental Assessment. CDUP MA-3543 was approved by the BLNR in 2010.
PROFESSIONAL PROJECTS / GOVT-SPECIFIC EXPERTISE – Koieie Fishpond, Maui
Request from Non-profit Ao’ao O Na Loko I’a O Maui to Repair Koieie Fishpond, Maui
The nonprofit Ao’ao O Na Loko I’a O Maui requested to reconstruct 1170 linear feet of Koieie Fishpond as the walls had deteriorated due to the high wash of waves and over to time.
Challenges facing the project consisted of heavily compacted rocks from the original footprint made removal and resetting difficult, prevailing wind and weather and surf limited work hours, sand migration and erosion to the northern portion of the wall, earthquake, torrential rains, flooding resulting in sediment and debris, funding, staff and volunteers, permits and timing, Water Quality Assessments and Monitoring Protocol, and permits.
The project went through consultation to resolve the issues and concerns with the public and multiple agencies including the Department of Health, Clean Water Branch for a Water Quality Certification, DLNR – Historic Preservation Division for Section 6E-B review, Aquatic Resources, Land Division regarding the General Lease conditions, Office of Hawaiian Affairs, University of Hawaii, and federal review of the US Army Corps of Engineers General Permit and possible National Pollutant Discharge Elimination System permit, NOAA National Marine Fisheries comments, and Maui County permits. A CDUP and Management Plan, SMA, and Environmental Assessment was required. The BLNR approved CDUP MA-3153 in 2004.
PLANNING & PERMITTING – Erosion Control
CRM Erosion Control Wall and Slope Stabilization, Oahu
Challenges to the project was the landowner constructed the existing wall without any approvals and/or to County code. A new wall was required to stabilize the slope, protect the driveway and the county road below.
Consultation occurred the DLNR – Engineering Division, Land Division, State Parks Division, Forestry and Wildlife Division, City and County of Honolulu – Department of Planning and Permitting. Approval was to given to construct a new engineered wall with a vegetated slope. The project required a CDUP, Environmental Assessment, and a SMA permit. CDUA OA-3507 was approved by the BLNR on 2009.
PLANNING & PERMITTING / PUBLIC OUTREACH -Kapalua Coastal Trail
Kapalua Coastal Trail, Maui
The project was implemented by the Kapalua Land Company to provide a 1.5 mile recreational coastal trail for visitors and residents.
Project challenges consisted of the placement of the boardwalk, access points, and impacts to the wedge-tailed shearwaters. After discussion with relevant state agencies, advisory groups, and Maui County the boardwalk was approved and constructed. The construction of a raised post on pier boardwalk ensured the Oneloa Bay sand
dunes and native vegetation would not be negatively impacted. The trail was re-aligned after discussion with the Division of Forestry and Wildlife to avoid negative impacts to the largest known colony of wedge-tailed shearwaters on Maui. The project required a SMA permit, an Environmental Assessment, and CDUP.
The project has allowed thousands of visitors and residents to enjoy Maui’s breathtaking beauty.
PROFESSIONAL PROJECTS / PUBLIC OUTREACH – Kealia – Kapaa Pathway
Kealia – Kapaa Bike and Pedestrian Pathway, Kauai
The County of Kauai constructed a bike and pedestrian pathway from Kealia to Kapaa so recreational users could enjoy Kauai’s coastal resources.
Project challenges consisted of the proposed alignment, type of recreational users (pedestrian, equestrian, bike), potential shoreline erosion, use of pathway construction materials (asphalt, dirt, pavement, gravel), and the proposed rest pavilions. Through consultation with the County of Kauai, US Fish and Wildlife Service, Public, Department of Health, the University of Hawaii at Manoa, Kauai Island Burial Council, advisory groups, and other county and state agencies substantive comments were received and implemented. The alignment of the pathway was moved away from existing communities to avoid noise impacts, increase scenic view planes and to address potential erosion impacts. Equestrian users were not included due to the asphalt-use. The proposed rest pavilions were located next to a shifting shoreline and exposed to erosion so it was suggested they be moved inland.
The project required an Environmental Impact Statement, a CDUP, and a SMA permit. The BLNR approved CDUP KA-3160 in 2004.
PROFESSIONAL PROJECTS / GOVT-SPECIFIC EXPERTISE – Single Family Residence
Single Family Residence, Maui
Proposed construction of a 3,500 Square Foot onestory Single Family Residence in a Flood Zone at Olowalu, Maui.
Challenges to the project included lighting to address negative impacts to wedge-tailed shearwaters and threatened green hawksbill turtle and endangered hawksbill turtle, archaeological monitoring during construction, use of native landscaping, use of the state-owned coastal strip of land fronting the parcel, installation of an Individual Wastewater System (IWS), and the location of the SFR in a coastal high hazard area. After consultation with the Historic Preservation Division, Maui Island Burial Council, US Fish and Wildlife, Office of Hawaiian Affairs, Department of Health, Maui County and other agencies comments regarding lighting, SFR height, landscaping, and the IWS were addressed.
The project required a CDUP, Environmental Assessment, and SMA permit. The BLNR approved CDUP MA-3577 in 2001.
PROFESSIONAL PROJECTS / GOVT-SPECIFIC EXPERTISE – Enforcement Case, Maui
Enforcement Case Regarding the Removal of Rocks from the Paukukalo Shoreline, Maui
Three people took river rocks from the Paukukalo Shoreline when the Superferry was operating/transiting between Maui and Oahu.
To bring the staff report before the BLNR, the challenge was to prove that the natural resources were located on stateowned lands and in the Conservation District.
County, State, and Enforcement officers reports were reviewed, county inspectors were interviewed, police department records were identified and on-site inspections were conducted.
The Enforcement Case went before to the BLNR for a hearing on the administrative penalties however the case went to a Contested Case.
PROFESSIONAL PROJECTS / PUBLIC OUTREACH – Offshore Open Aquaculture
Kona Blue Water Farms LLC Offshore Open Aquaculture, Hawaii
Kona Blue Water Farms requested to operate a 90 acre open ocean fish farm to raise Kona Kampachi/Kahala 1/2 mile offshore of Uualoha Point.
Challenges facing the project included the treatment of fish, cage cleaning of debris fouling the cages, array of morning lines, size of cages, and anchors, farm facilities, harvesting plan, growing 360 tons of fish, benthic monitoring, Fish Aggregating Device, coral reef impacts, in-shore monitoring versus under the aquaculture farm, recreational fishing (opelu and akule) on the outskirts of the lease area, number of allowable pens, reporting requirements, entanglement potential for monk seals, Bottle nose dolphins, spinner dolphins, sea turtles and Humpback whales.
After extensive review comments were solicited from the public, Department of Health, Water Quality Branch, DLNR – Aquatic Division, Land Division, DOCARE, National Marine Fisheries Service, US Coast Guard, NOAA, Hawaii County, Office of Hawaiian Affairs, US Army Corps of Engineers, and US Fish and Wildlife Service. Substantive comments addressed concerns regarding benthic monitoring, coral reef impacts, general lease issues, the treatment of fish lividly and mortality, debris cleaning, facility layout, recreational fisherman concerns, NOAA Humpback whale concerns, and reporting/ monitoring requirements. A CDUP and Management Plan, and Environmental Assessment were required. CDUP HA-3118 was approved by the BLNR in 2003.
PLANNING & PERMITTING / GOVT-SPECIFIC EXPERTISE – Military Shop, Kauai
Construction of a Combined Support Military Shop, Kauai
The Department of Defense (DoD), Hawaii Army Guard proposed the construction of a Combined Support Military Shop (CSMS) with military construction (MILCON) funds to service Humvees and other military support vehicles.
Challenges to the project included obtaining the Hanapepe Armory history, completing a Completed Use Permit, completing a Comprehensive Zoning Ordinance (CZO) Permit, Class IV and attending the Kauai County Planning Commissioner’s meeting to answer issues and concerns.
After the permits, letters, and public comments are answered, the project will be presented before the Kauai County Planning Commission for approval.
Ukumehame Firing Range, Maui
The Hawaii Army Guard wanted to utilize Ukumehame Firing Range for training. The challenge of the project was to balance native plant species and endangered, indigenous and endemic species (Nēnē, flying earwig Hawaiian damselfly, the Pacific Hawaiian damselfly, Hawaiian Stilt, Hawaiian Duck) with the training requirements of the Guard. A second priority was to identify a Safety Buffer Zone due to neighboring structures adjacent to the range.
Utilizing the range required meeting the National Environmental Policy Act (NEPA) and Hawaii’s Environmental Policy Act (HEPA) requirements and adequate paperwork, coordination with the US Fish and Wildlife and the Division of Forestry and Wildlife, and adherence to the Guard’s Integrated Natural Resources Management Plan.
PLANNING & PERMITTING / GOVT-SPECIFIC EXPERTISE – Helicopter Bird Bath
Construction of Helicopter Bird Bath, Oahu
The DoD needed to construct a bird bath to service the Hawaii Air Guard’s Blackhawk and other helicopters to ensure ongoing maintenance. Challenges arise regarding project funding, utility prep work, and site placement.
After consultation with the project manager, the City and County of Honolulu Department of Planning and Permitting, and the National Guard Bureau the proper permits, construction plans, and NEPA paperwork was completed.