140908 FAA ltr FNL - Central Maui Sports Complex

September 8, 2014
Federal Aviation Administration (“FAA”)
Western-Pacific Region (AWP-600)
Airports Division
P.O. Box 92007
Los Angeles, CA 90009
Ford Fuchigami
Director
Department of Transportation (“HDOT”)
State of Hawai‘i
Aliiaimoku Building
869 Punchbowl Street
Honolulu, Hawai`i 96813
Re:
VIA U.S. MAIL AND AS FOLLOWS:
FAX: (310) 725-6847
FAX: (808) 587-2167
[email protected]
Compliance with State of Hawaii, Land Use Commission, Docket No. A10-789,
Findings of Fact, Conclusions of Law, and Decision and Order, Condition 8
(“Hazardous Wildlife Attractants on or Near Kahului Airport”)
Dear FAA and Mr. Fuchigami:
I write on behalf of my client, Maui Lani Neighbors, Inc. (“MLN”), in regard to the Central
Maui Regional Sports Complex (“Sports Complex”). The Sports Complex is being developed by
the State of Hawai`i Department of Land and Natural Resources (“DLNR”), which has
announced that construction is commencing on the Sports Complex, starting September 2, 2014.
MLN hereby requests the FAA’s and HDOT’s immediate attention and action to address
DLNR’s failure to fulfill its obligations (identified below) which were intended to avoid a
potentially significant flight and public safety issue.
DLNR has identified two retention basins that are planned for the “Property” (identified below),
one which will be 5.8 acres in size, and which is intended to be constructed and operational by
December 2014 (the other is much larger but will be constructed later). Because these retention
basins will be located within five (5) miles of the Kahului Airport, they are subject to FAA
Advisory Circular 150/5200-33B (Hazardous Wildlife Attractants On or Near Airports).
9/8/2014
Re: Compliance with LUC D&O, Condition 8
Page 2
The Sports Complex will be located on a 65.378 acre parcel located in Central Maui designated
by the County as tax map key number (2) 3-8-007:104 (the “Property”). The Property is
immediately adjacent to a large residential development, called Maui Lani. MLN’s members are
homeowners within Maui Lani. MLN’s members are very concerned with this development
including a significant flight and public safety issue that was identified by the Hawai`i
Department of Transportation (“HDOT”) over two years ago at a land permit hearing before the
Hawai`i Land Use Commission (“LUC”). On June 21, 2012, the LUC issued Findings of Fact,
Conclusions of Law, Decision and Order (“LUC D&O”). 1
As a result of HDOT’s identification of the FAA issue, the LUC placed a specific condition on
the Property in the LUC D&O: Condition 8, entitled “Hazardous Wildlife Attractants on or Near
Kahului Airport”. Condition 8 requires that the landowner enter into a memorandum of
agreement (“MOA”) with HDOT “to document hazardous wildlife attractant mitigation prior to
final subdivision approval of the initial phase of onsite development.…” 2
The County of Maui has already granted final subdivision approval, thus permitting the sale by
the prior Property owner, A&B, to the current Property owner, DLNR. However, based on the
information we have reviewed, the MOA required in the LUC D&O was never in fact prepared. 3
DLNR is fully aware of its obligation with respect to this MOA. In the environmental assessment
(“EA”) for the Sport Complex, the DLNR represented to decision makers and to the public that
the Sports Complex would be developed within the guidance provided by FAA Advisory
Circular 150/5200-33B. See May 24, 2013 Letter from the DLNR to DOT, attached hereto,
which letter was attached to the EA.
In its haste to commence construction of the Sports Complex, DLNR has ignored the clear and
unambiguous requirements of Condition 8, which were intended to assure certain mitigating
conditions for public safety and flight safety before any construction was to commence (i.e.,
before final subdivision approval). Therefore, MLN hereby requests the FAA and HDOT take
1
The petitioner at the land permit hearing, In the Matter of the Petition of A&B Properties, Inc., Docket No. A10789, was A&B Properties, Inc. (“A&B”). DLNR purchased the Property from A&B on June 26, 2014, subject to all
the conditions in the LUC D&O, including Condition 8. The LUC D&O is available online at
http://luc.hawaii.gov/wp-content/uploads/2013/03/A10-789-FOF-COL-DO-JUNE-2012.pdf.
2 Condition 8 states (emphasis added):
8.
Hazardous Wildlife Attractants on or Near Kahului Airport. As deemed necessary by the
DOT to minimize the hazards to aircraft operations from Kahului Airport, Petitioner shall fund and
implement a program to control any birds nesting or occupation and any insect, pest, or wildlife infestation,
in any hazardous wildlife attractants (open swales, storm drains, retention and detention basins, and
wastewater treatment facilities or associated settling ponds) serving the Project. Petitioner shall enter into
an MOA with DOT to document hazardous wildlife attractant mitigation prior to final subdivision
approval of the initial phase of onsite development by Petitioner.
3
On October 24, 2013, the County granted A&B final subdivision approval. Subdivision File Number 3.2226,
entitled the “Maui Lani Subdivision.” The approved subdivision includes “Lot 12-A-3,” which delineates the
boundaries of the 65.378 acre Property. Lot 12-A-3 has recently been designated by the County as tax map key
number (2) 3-8-007:104.
9/8/2014
Re: Compliance with LUC D&O, Condition 8
Page 3
the appropriate actions to ensure that DLNR complies with Condition 8 before it continues with
its development of the Sports Complex, including demanding that DLNR immediately stop work
on all aspects of the Sports Complex due to noncompliance with the LUC D&O.
Very Truly Yours,
Tom Pierce
Encl. As noted
cc:
Maui Lani Neighbors
State attorneys Bill Wynhoff, Amanda Weston, Linda Chow (via email only)
William Spence, Director, County of Maui Planning Department (via email only)
WILLIAM J. AlLA, JR.
CIlAlRPl!RSON
NEIL ABERCROMBII!
BOARD OF LAND AND NAtuRAL RESOURCES
COMMISSION ON WA'lER RESOURCE MANAGEMENT
GOVERNOR OF IIAWAD
I!STIIER KIA' AINA
FlRSTDI!PUTY
W1LUAM M. TAM
DPJ'tTI'Y DJRB:rOR • WATER
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
POST OFFICE BOX 621
HONOLULU, HAWAll 96809
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BOATING AND OCEAN RECREATION
BUREAU OF CONVEYANCES
COMMl'lSION ON WAmt RESOURCE MANAGEMENT
CONSERVA11ON AND COASTAL LANDS
CONSER,VA1'lON AND RESOURCES BNFORCEMENT
ENOINEEJUNO
PORI!S'I1lY AND WDDLJI'E
mnou: PRESERVATION
KAllOOLAWE!:'lLAND RESI!RVI! CONMt'iSKlN
LAND
STAlE PARKS
'2.f 2013
TO:
GLENN M. OKIMOTO, Director
Department of Transportation
FROM:
WILLIAM J. AILA, JR., Chairperson
Department of Land and Natural Resources
SUBJECT:
CENTRAL MAUl REGIONAL PARK
DRAFT ENVIRONMENTAL ASSESSMENT
TAX MAP KEY: (2) 3-8:'007-101
~~~J
The following is in response to your comments of April 23, 2013:
DOT Airports
1.
According to Federal Aviation Administration (FAA) Advisory Circular 15015200-33B,
Hazardous Wildlife Attractants On or Near Airports, the FAA recommends a distance offive
(5) statute miles between the airfields's air operations area (AOA) and any land use activity,
which could potentially attract hazardous Wildlife that may impact aircraft operations at the
airfield. The subject project is withinfive (5) miles from Kahului Airport. DLNR should be
advised that Section 2-6 in the Advisory Circular discusses agricultural activities which could
attract wildlife activity.
Response: We are aware that the subject project is less and five miles from Kahului Airport.
The subject site is being developed as a public park and will not introduce an attractant that
will attract birds to the area, specifically water features.
2.
According to the Wai'ale Community Project Final Environmental Impact Statement (FEIS) the
subject project will provide a stormwater retention basin for the Wai'ale development. In
accordance with FAA Advisory Circular 15015200-33B, stormwater detention ponds should be
designed, engineered, constructed, and maintainedfor a maximum 48-hour detention period after
the design storm and remain completely dry between storms. To facilitate the control of hazardous
wildlife, the FAA recommends the use of steep-sided, rip-rap lined, narrow, and linearly shaped
water detention basins,
Response: The stormwater detention basin being planned for the subject project will be
development with the guidance provided by FAA Advisory Circular 150/5200-33B.
3.
In accordance with the State of Hawaii, Land Use Commission (LUC), Docket No. Al 0-789,
Findings of Fact, Conclusions ofLaw, and Decision and Order, Condition 8, Hazardous Wildlife
Attractanis on or Near Kahului Airport, requires the Petitioner, A&B Properties, Inc., to enter into
a Memorandum ofAgreement (MOA) with DOT to document hazardous wildlife mitigation prior to
final subdivision approval of the initial phase of onsite development by Petitioner. Discussions have
not taken place for the MOA.
Response: We are unaware of any actions being taken by A&B Properties with regard to wildlife
hazard mitigation. The stonnwater detention basin on the project site is being design within the
parameters of the Advisory Circular.
4.
The DLNR-is requested to file FAA Form 7460-1, Notice of Proposed Construction or Alteration
according to the Code ofFederal Regulations, Title 14, Part 77.9, due to the proposed project
(construction or alteration) is within 20,000 feet of Kahului Airport which exceeds a 100: 1 surface
from any point on the runway of the airport with its longest runway more than 3,200feet ifplans
include tall structures, ballpark lights, solar panels, etc. This form and criteria for submittal can be
found at the following website: https://oeaaajaa.govloeaaalexternaIIpOllaljsp. If a FAA Form
7460-1 is filed, a copy is to be prOVided to DOT-Airports when the FAA determination is issued
Response: Form 7460-1 will be filed with the FAA in accordance with CFR, Title 14, Part 77.9.
DOT Highways
1.
Section 5.1, Traffic and Circulation of the subject DEA states, ''A temporary road will connect to the
end of Kamehameha Avenue ... " The Final Environmental Assessment (FEA) should discuss the
proposed location or alternative locations for the permanent access.
Response: Temporary access for the park will be provided from Kamehameha Avenue and a new
roadway off of Kuihelani Highway will be developed by the Wai'ale developer.
2.
Section 5.1, Traffic and Circulation of the subject DEA also states, "Proficiency on the traffic
network to mitigate the potential impacts of the Central Maui Regional Park has already been
evaluated as part of the Wai'ale Environmental Impact Statement (E/S) and Final Traffic Impact
Assessment Report (TIAR) .... " The Wai'ale EIS and TIAR did not include the park's projected
traffic or any discussion of its projected impacts. The FEA should include a traffic assessment to
assess the traffic impacts of the proposed park on Kuihelani Highway and Honoapi 'i/ani Highway
and to recommend required mitigation.
Response: While the proposed action will add to the traffic on the regional networks, an evaluation
of traffic impacts during peak travel periods (AM and PM) did not show that the park would be a
significant impact because most ofthe organized activity at the parks would generally occur during
off peak periods during the weekday and weekends.
3.
No direct access to Kuihelani Highway will be permitted along the Kuihelani Highway frontage of
the proposed regional park
Response: We are aware of the limitation and no direct access is planned from the park to
Kuihelani Highway.
4.
DLNR should be aware that, at the LUe hearingfor A&B Properties, Inc.'s petition for the
land use district boundary amendmentfor the Wai'ale Development, DOT provided testimony.
Such testimony requested that the Petitioner dedicate land to accommodate auxiliary lanes on
Kuihelani Highway at each access to the Wai'ale Development, including the Road e access
that borders the southeast side of the subject park.
Response: This matter is outside of the jurisdiction of the subject park development. We will
communicate this need to the project developer.
5.
Section 8.2 of the DEA identifies DOT as the State Agency responsible for approving the
Finding ofNo Significant Impact (FONS!). This should be corrected to Department of Land
and Natural Resources (DLNR).
Response: This reference will be corrected.
Thank you for taking the time to comment on this important project. Please contact Carty Chang
at 587-0230, if you have additional comments.

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