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COM 0097.000 2022-2024
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COM 0097.000 2022-2024
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Last modified
2/27/2023 9:02:50 AM
Creation date
2/2/2023 3:39:57 PM
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Communications
Communications - Type
COM
Communications - Council Term
2022-2024
Communication
0097
Point
000
Author
Lee E. Lord, Managing Director for Mitchell D. Roth, Mayor
Communications - Referred To
LAAC
Document Relationships
AGE COUNCIL 2023-03-08 2022-2024
(Related To)
Path:
\Council Records\Agendas\2022-2024\Council
AGE LAAC 2023/02/21 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Legislative Approvals and Acquisitions Committee (LAAC)
BIL 024 Draft 01 2022-2024
(Related To)
Path:
\Council Records\Bills\2022-2024
REP LAAC 011 2023/02/21 2022-2024
(Related)
Path:
\Council Records\Reports\2022-2024\Legislative Approvals and Acquisitions Committee (LAAC)
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Heather Kimball, Council Chair <br /> and Members of the County Council <br /> County of Hawaii <br /> January 18, 2023 <br /> Page 5 <br /> Solid waste will be disposed of at authorized transfer stations, all essential utilities <br /> are available to the property and the closest police, fire and medical facilities are located <br /> nearby in Hilo. A condition of approval will be included to require the applicants to meet <br /> all applicable County, State and Federal laws, rules, regulations, and requirements. <br /> There are no severe geological or topographical problems for the property <br /> that cannot be properly rectified, or which would render the land unusable. The <br /> subject property is in an area designated as Zone "X, an area determined to be outside the <br /> 500-year flood plain, on the Flood Insurance Rate Map (FIRM) by the Federal <br /> Emergency Management Agency (FEMA). A condition of approval will be added to <br /> require that all development generated runoff will be disposed of on site and not directed <br /> toward any adjacent properties and all earthwork activity, including grading, grubbing, <br /> and stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation <br /> Control, of the Hawaii County Code. Thus, the proposed change of zone meets this <br /> criterion. <br /> The request is not contrary to Chapter 205A, Hawaii Revised Statutes, <br /> relating to Coastal Zone Management Area. The subject property is located over two <br /> (2) miles from the nearest shoreline, is not situated within the Special Management Area <br /> and will not be impacted by coastal hazards and beach erosion. There are no identified <br /> recreational resources or public access to the shoreline or mountain areas, scenic and <br /> open space preserves, coastal ecosystems, marine resources, historic resources in the <br /> area. Thus, the proposed request and use of the property will not adversely impact those <br /> resources. <br /> The request will not have a significant adverse impact to traditional and <br /> customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" <br /> and "Ka Pa`akai O Ka Aina" decisions, the issue relative to Native Hawaiian gathering <br /> and fishing rights must be addressed in terms of the cultural, historical, and natural <br /> resources and the associated traditional and customary practices of the site. <br /> ■ Investigation of valued resources: No formal archaeological reconnaissance <br /> survey, oral history of kama`aina accounts of the area, historical survey of <br /> documentary records, or botanical study was included in the application. The <br /> Department of Land and Natural Resources, Division of Forestry and Wildlife <br /> (DOFAW), provided recommendations to mitigate potential impacts on <br /> endangered or threatened species that may occur in the project area, specifically <br /> the `Ope`ape`a (Hawaiian Hoary Bat), `Io (Hawaiian Hawk), Hawaiian stilt <br /> (Himantopus mexicanus knudseni), Hawaiian coot (Fulica alai), Hawaiian Duck <br /> (Anas wyvilliana), and Hawaiian Goose (Branta sandvicensis), in addition to <br />
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