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COM 0159.000 2000-2002
Harry Kim Mayor County of Hawaii 25 Aupum Stree4 Room 215 • Hilo, Hawaii 96720.4252 . (808) 961-8211 . Fez (808) 961-6553 KONA 75-5706 Kuakmi Highway, Sate 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 March 19, 2001 Honorable James Y Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 01-01) Request Agricultural to Urban Change of Zone Application (REZ 01-01) Request. Agricultural (A -5a) to Single -Family Residential (RS -15) Applicant Kamehameha Investment Corporation Tax DW Ksy: 7-8-11:Portion of 8 Dixie Knetsu Mawgtng Director Peter T. Young Depury.Mawgmg Director As required by Chapter 4, Sec. 5-4 3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above -referenced requests Sincerely, Harry Kim Mayor LA30201MAY Enclosures cc: Planning Department dill$ #6414 Comm. No, I S3 File No. Rei. To: PCO Ref. Date MAR 2 0 7nnt Harry Kim Mayor MAR 19 2W, County of Hawaii PLANNING COMMISSION 25 Aupum SOee4 Room 109 . Hilo. Haw t 967204252 (808)961-8288 • Fu(808)961-8742 Honorable James Y. Arakalu, Chairman and Members of the County Council County of Hawaii. 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 01-01) Request: Agricultural to Urban Change of Zone Application (REZ 01-01) Request Agricultural (A -5a) to Single -Family Residential (RS -15) Applicant Kamehameha Investment Corporation Tax Many: 7-8-11.Portion of 8 The Planning Commission, after a duly held public hearing on March 2, 2001, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from Agricultural to Urban and a Change of Zone changing the distract classification from Agricultural (A -5a) to Single Family Residential (RS -15) for approximately 0 990 acre of land The property is located to the east and adjoining the proposed Bayview Estates at Keauhou Phase II Subdivision, Keauhou, North Kona, Hawaii The Commission concurs with the following findings as recommended by the Planning Director: The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. Section 205-3.1 states that district boundary Honorable James Y. Arakaid, Chairman and Members of the County Council Page 2 amendments involving lands of fifteen acres or less, shall be determined by the appropriate county land use decision malung authority and shall not require consideration by the land use commission pursuant to Section 205-4. The standard of review for a boundary amendment consideration shall be given to the following: (a) The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing, ordinances, plans and documents. No amendment shall be approved unless it conforms to the General Plan (b) The extent to which the proposed reclassification conforms to the applicable district standards According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that, "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." The subject property does conform to flus standard as it is proximate to the already urban subdivisions. The subject property is also contiguous to the proposed Bayview Estates at Keauhou Phase II, the existing Bayview Estates at Keauhou Phase I, Keauhou Estates, and the Villas at Keauhou subdivisions urban areas. The Urban boundary request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates this area for Urban Expansion uses. Urban Expansion Areas allow for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. This request is to allow an urban development, a planned low-density residential subdivision The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The area under consideration is consistent with the urban form established for this section of the North Kona District as depicted on the LUPAG Map. The Kona Regional Plan, adopted by the Planning Commission in 1984, recommends the area for residential uses with a density of four units per acre The applicant's proposal is a 2 -lot single family residential subdivision, which is adjacent to, and will be incorporated into, the proposed Bayview Estates at Keauhou Phase II Subdivision The proposed reclassification is for a similar urban land use designation Thus, the requested boundary amendment would be consistent with the General Plan's LUPAG Map and the Kona Regional Plan. The property is situated within close proximity to the employment center of Kailua-Kona The subject request for reclassification is for land located approximately 64 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 miles from the urban/retail/employment center of Kailua-Kona and .5 miles from the urban/retail/employment center of Keauhou, and thereby conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing developments and in close proximity to existing services and facilities. The property is or will be provided with all utilities and services that are essential to accommodate urban development. Water will be made available to the project site. Kamehameha Investment Corporation, the developer of the adjacent Bayview Estates Subdivision currently has water commitments from the County Department of Water Supply adequate to accommodate the development. The He'eia Waste Water Treatment Plant (HWWTP), a privately owned facility, will service the project. Wastewater disposal systems will meet with requirements of the Department of Health and/or the Department of Public Works. Access to the property will be via a subdivision roadway from the adjacent Bayview Estates at Keauhou Subdivision. This roadway will be open to public traffic. Electrical service is available to the property from Hawaii Electric Light Co Inc, and telephone service is available from GTE Hawaiian Tel Utility Imes will be located underground. Police services are provided by the County of Hawaii from its Captain Cook station and Kealakehe substation. Fire protection is also provided by the County of Hawaii from its Kailua-Kona, Keauhou and Captain Cook stations. Emergency medical and paramedical services are also provided by the Hawaii County Fire Department. The nearest available public health facility is the Kona Community Hospital located at Kealakekua. Due to the relatively small size of the proposed subdivision, and the profile of potential buyers, it is not anticipated that the project will generate increased impacts on area schools and parks. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, areas determined to be outside the 500 -year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control The U S. Geological Service Lava Flow Hazard Maps show the area of the subject property, as is all of the Kona area, to be within Lava Flow Hazard Zone 4, which indicates that less than 15 percent of the land in this zone has been covered with lava in the last 750 years and that there has been 5 percent lava coverage in the past 200 years The County of Hawaii Binlding Code identifies the entire island of Hawaii in Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard Thus, the reclassification does meet with the standard which states that the lands included within the Urban District " shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects " Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 While the subject property is within the State Land Use Agricultural and County's Agricultural (A -5a) zoned districts, it is not currently being used for active agricultural purposes. The State of Hawaii ALISH Map classifies the property as "Other Important Agricultural Land." Other Important Agricultural Land is defined as land other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use. According to the Land Use Study Bureau's Overall Master Productivity Rating, soils within the property are classified as "D" or Poor. Therefore, the reclassification of this .990 -acre portion of land from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona area for Urban Low Density type uses Furthermore, an Urban classification would complement the existing and future residential land use patterns of the surrounding properties in view of the adjacent residential subdivisions. Finally, it should also be noted that the reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan: Achieve a strong, viable economy, characterized by stability, diversity and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations b Encourage urban developments in close proximity to existing services and facilities. Based on the above, the approval of the State Land Use Boundary Amendment to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 The proposed request from an Agricultural (A -5a) to Single Family Residential (RS -15) zoned district will conform to the following goals, policies and standards of the Land Use and Single Family Residential Elements of the General Plan. • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County " Zone urban- and Waal -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. " To maximize choices of single-family residential lots and/or housing for residents of the County • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. " The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies and standards. • Areas shall have basic improvements and amenities necessary for immediate use Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 Areas shall be liimted to low-density and medium density residential uses The proposed request would also complement the following Housing Element goals and policies by creating a mix of residential housing opportunities and maintaining a housing supply that allows a variety of choices. • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee -simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of farnihes and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background and income. The proposed request would also conform to the following goals and policies of the Economic Element: Provide residents with opportunities to improve their quality of life Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested zone change from Agricultural (A -5a) to Single Family Residential (RS -15) zoned district conforms to the LUPAG Map, which designates the property as an Urban Expansion Area Urban Expansion Areas allow for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within areas designated for development as resorts, portions of the resort area may be included in the Urban Expansion Area. Therefore, this proposed single-family residential development will provide the framework of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure. Therefore, it is determined that the request is consistent with the urban form depicted on the LUPAG Map for this area of North Kona. In addition, the Kona Regional Plan Land Use Concept Map designates this area for residential expansion, with a density of four units per acre The applicant intends to develop a 2 -lot single-family residential subdivision, which will be incorporated into the proposed Bayview Estates at Keauhou Phase II subdivision. Access to the property will be provided through Bayview Estates, via Kaluna Street, which connects with Ah'i Drive and Keah'i Street Kaluna Street has a 60 -foot right of way and 40 -foot wide pavement. Kaluna Street is a private collector road serving existing and planned development in Keauhou's mauka lands. The makai side of Kaluna Street has curb, gutter and sidewalks. The mauka side has only curbs and gutters Kaluna Street intersects with Kealii Street and Alii Drive Alii Drive has a 50 -foot right- of-way with approximately 24 feet pavement. The proposed Mamalahoa Highway Bypass Road is located makai of the subject property at the terminus of Ah`i Drive in Keauhou. The development of the property will add to the inventory of existing single- family residential zoned lands in the West Hawaii region. The proposed development is located within close proximity to all necessary urban services and facilities, and will serve to complete the urban core for that area of Keauhou Mauka planned community The applicant will also complete its proposed project in compliance with all of the codes and standards referenced above. Therefore, the proposed rezoning and development will complement the land usage within the community and neighborhood it is proposed to be located in. Water will be made available to the project site. Kamehameha Investment Corporation, the developer of the adjacent Bayview Estates Subdivision currently has water commitments from the County Department of Water Supply adequate to accommodate the development The proposed project abides by the above -stated County policy encouraging "the clustering of developments in order to reduce the cost of Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 providing utilities." The He'eia Waste Water Treatment Plant (HWWTP), a privately owned facility, will service the project. Wastewater disposal systems will meet with requirements of the Department of Health and/or the Department of Public Works. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. Utility Imes will be located underground. Police services are provided by the County of Hawaii from its Captain Cook station and Kealakehe substation Fire protection is also provided by the County of Hawaii from its Kailua-Kona, Keauhou and Captain Cook stations Emergency medical and paramedical services are also provided by the Hawaii County Fire Department. The nearest available public health facility is the Kona Community Hospital is located at Kealakekua Due to the relatively small size of the proposed subdivision, and the profile of potential buyers, it is not anticipated that the project will generate increased impacts on area schools and parks. The applicant will abide by all applicable State and County air quality and noise level control standards during the pre -construction and construction phases of the project. Therefore, the proposed single-family residential development will be developed in an area that is or can be adequately served by water, sewers, utilities, police, fire and medical services, and transportation systems. The Flood Insurance Rate Maps (FIRM) indicate that the property is located in Zone "X," areas determined to be outside of the 500 -year flood plain. There are no significant drainageways anticipated. While there are no indications of surface water flow on-site, the applicant will abide by all applicable County guidelines for run-off generated by the development. The U S Geological Service Lava Flow Hazard Maps show the area of the subject property, as is all of the Kona area, to be within Lava Flow Hazard Zone 4, which indicates that less than 15 percent of the land in this zone has been covered with lava in the last 750 years and that there has been 5 percent lava coverage in the past 200 years. The County of Hawaii Building Code identifies the entire island of Hawaii in Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. According to the applicant's Environmental Report, the property is almost entirely covered with grass and stands of koa haole. Plant species found in the area are common, mostly alien, species: (1) trees such as kiawe, kukui, African tulip, noni and monkeypod; (2) shrubs such as koa-haole, Christmas bevy, klu, castor bean and sodom apple, and (3) common herbs such as bermuda grass, spiny pigweed, four-o'clock, beggar's tick, Sacramento bur, goose grass, heliotrope, sow thistle, rattle pod, finger grass, crab grass, and sand bur Bindweed, coccinea, and koah awahi'a represent the vine types None of these plant species are classified as raze or endangered. Of the native plant species found in the vicinity, many are weedy varieties and are able to compete in the face of disturbance or invasion of other weeds Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 According to the applicant's Environmental Report, faunal studies conducted in the project vicinity have observed no resident endemic or indigenous bird species Species observed in the area include the Japanese White -Eye, Yellow -Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch. Mammals common to the area are Mongoose and feral cats and dogs. No endangered species were observed The Hawanan Hoary Bat, a species listed by both the Federal and State governments as endangered, has been observed offshore in the Kona area a number of times but its presence has not been observed or documented in or around the project site. An archaeological inventory survey with subsurface testing report was conducted by Archaeological Consultants of the Pacific, Inc., dated July, 2000. The inventory survey states that, "Two sites of significance to the interests of historic preservation, Sites 22078 and 14652, were present on the current subject property. Site 22078 consisted of twenty-nine features Based on investigations conducted at these features, it is believed that they were utilized for historic and possible pre -Contact habitation, historic burial, and agricultural functions which likely continued from the pre -Contact period through the post -Contact period. This site qualifies to be considered significant under Criterion D (site has yielded, or is likely to yield, information important in prehistory or history) of the National Register of Historic Places criteria and Criterion E (site has cultural significance) of the Hawaii Register of Historic Places (refer to Table 6). A portion of Site 14652, an historic wall network originally recorded by Jones et al. (1993), extended onto the subject property. Significance assessments were previously made by Sweeney and Burtchard (1995) for this site, wherein the site qualified to be significant under Criterion A (site associated with events contributing to broad patterns in history) and D Archaeological Consultants of the Pacific, Inc, recommends that a determination be made that future construction activities would have an "adverse effect" on significant historic properties at Sites 22078 and 14652 under the Advisory Council Regulations, 36 CFR 800 Data Recovery and a Burial Treatment Plan are recommended for Site 22078." The applicant subsequently submitted a burial treatment plan to the Hawaii Island Burial Council for the subject property as well as the adjacent parcels identified as TMK: 7-8-11:10 &13, and a data recovery plan to Department of Land and Natural Resources - Historic Preservation Division (DLNR-HPD) for its review and approval. While the Burial Treatment Plan identifies a total of six burials, the applicant points out that only one is on the subject property and it is located on the mauka portion of the property which is not included as part of the subject requests. It is the wish of the applicant to preserve these burials in place. According to the plan, the burials will be protected by temporary 70 -foot buffer zones marked by high -visibility fences during initial grubbing and gradmg of the properties, and ultimately, by permanent 25 -foot buffer zones marked by low stone walls constructed from existing rock walls on the property. The applicant states that it will comply with all conditions of the Hawaii Island Burial Council review and requirements By letter dated January 18, 2001, Don Hibbard, Administrator of the State Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 Historic Preservation Division of the Department of Land and Natural Resources, states that the archaeological inventory survey has been approved by his office. He Rather states, "With the understanding that the burial treatment and data recovery plans are found acceptable and implemented, we believe that the proposed development will have "no adverse effect" on the two historic sites located on the subject parcel." The specific treatment for the archaeological features designated for preservation and data recovery will be determined as part of the archaeological approval process in conjunction with the requirements of DLNR-HPD and other applicable agencies A portion of the Keauhou Trail is located along the north boundary of the subject property. The applicant proposes to relocate the trail to the south aide of the subject property, pursuant to DLNR-HPD requirements. In cooperation with its Cultural Advisory Committee, the applicant is developing a Keauhou Resort hail system that incorporates and connects the ancient trails, cultural and archaeological sites and historic railroad right-of-way with contemporary access ways. According to the applicant, the Cultural Advisory Committee has reviewed and concurred with the proposed relocation of the Keauhou Trail To address the cultural and archaeological resources of the area, a condition is included that an interpretation/mitigation plan for the subject property and specifically the Keauhou Trail shall include buffer zones, a system for perpetual public access, signage and long-range preservation concerns shall be submitted to the Planning Department Impacts associated with this single-family residential development such as historical, visual, traffic, drainage and design concerns have been assessed and will be mitigated through conditions of approval Therefore, the request would not unreasonably burden the public agencies to provide roads and streets, water, sewers, drainage, school and park improvements, police and fire protection The above public improvements by the applicant would complement the proposed single family residential development to fit into the locale with minunal intrusion while providing the desired housing development, as well as incorporating appropriate infrastructure and design concerns of the development The property is within the County's Agncultural-5 acre zoned district and is occasionally used for grazing. Although the property is classified as "Other Important Agricultural Land" by the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the Land Use Study Bureau's Overall Master Productivity Rating for soils within the subject property is "D" or Poor. Given the small size of the property, its marginal soil quality and the extent of more suitable grazing lands elsewhere in the region, the curtailment of grazing activity on the subject property represents an insignificant impact on the agricultural potential of the land Therefore, the BKIC01PIh-02=101 /166 1 1 ii 11111 Ill, 1 i I I 1 Y410J AN *,Ol IWOl KAMEHAMEHA INVESTMENT CORPORATION STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 01-001) CHANGE OF ZONE APPLICATION (REZ 01-001) SPECIAL MANAGEMENT AREA USE PERMIT P d ATION (SMA 01-0011 KANEEHAAIEHA INVESTMENT CORPORATION has submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban District, a Change of Zone by changing the district classification from Agricultural (A -5a) to Single Family Residential (RS -15) for approximately .990 acre of land, and a Special Management Area Use Permit for the development of a 2 -lot residential subdivision. The property is located to the east and adjoining the proposed Bayview Estates at Keauhou Phase II Subdivision, Keauhou, North Kona, Hawaii, TMK: 7 -8 -11 -Portion of 8. GENERAL INTIORMATION Land Ownership: Kamehameha Investment Corporation and Kamehameha Schools are the fee owners of the subject property Representatives for both owners have provided written authorization to the law firm of Carlsmith Ball LLP to apply for the subject applications January 22, 1992: Ordinance No. 92-4 was approved by the County Council, which changed the district classification from Unplanned to Single Family Residential (RS -15). This enabled the development of the first phase of Bayview Estates at Keauhou, which consists of an existing 54 -lot residential subdivision and related improvements August 4, 2000: Ordinance No. 00-84 was approved by the County Council, which amended the State Land Use Boundary from the Agricultural to the Urban District to facilitate the development of Bayview Estates at Keauhou Phase II, a proposed 45 -lot single-family residential subdivision and related improvements located on 14.68 acres of land and further identified as TMK: 7-8-11:10 & 13. 4 August 21, 2000: Ordinance No 00-85 was approved by the County Council, which changed the district classification from Agricultural (A -5a) to Single Family Residential c -14r9 ceau FIs -OW Pc. F ,ON (RS -15) for the Bayview Estates at Keauhou Phase II subdivision. This is also the effective date of the Special Management Area Use Permit No 400 approved by the Planning Commission for the same development. 5. February 6, 2001: Ordinance No. 01-14 and Ordinance No. 01-15 were approved by the County Council, which amended the State Land Use Boundary from the Agricultural to the Urban District and changed the district classification from Agricultural (A -5a) to Single Family Residential (RS -15), respectively, for an approximate 10 -lot single family residential subdivision located on approximately 4.606 acres of land and further identified as TMX: 7-8-11:9. The proposed subdivision will be connected to the proposed Bayview Estates at Keauhou Phase II subdivision. This is also the effective date of the Special Management Area Use Permit No. 411 approved by the Planning Commission for the same development. Request: The applicant wishes to subdivide a .990 -acre portion of the approximately 1.95 -acre subject property into approximately 2 single family residential lots which will be incorporated into the Bayview Estates at Keauhou Phase II subdivision, a proposed 45 -lot single family residential development adjacent to and immediately north and west of the subject property. The 990 -acre portion of the property constitutes the western (makai) side of the property. Should the subject applications be approved, the remaining .960 -acre portion on the eastern (mauka) side of the property will be consolidated into an adjacent parcel, identified as TMK 7-810.29, to preserve the existing significant archaeological sites on this portion of the subject property. Objectives: The applicant provided the following: "The Keauhou Resort lands were master -planned in the 1960's and 1970's to allow for the orderly development of residential communities within a resort setting Over the years, residential sales within the Keauhou Resort area have been relatively strong, due in large part to the well-planned resort -residential community environment, the range and quality of residential products being offered, and the wealth of nearby commercial and recreational amenities The Project is intended to help meet the growing demand for residential lots in the Keauhou Resort area and allow for the expansion of an -2- existing subdivision in an orderly and cost-effective manner. "Being in close proximity to the existing Bayview Estates at Keauhou subdivision and adjacent to the proposed Bayview Estates at Keauhou, Phase II subdivision offers the Project the advantage of being close to existing infrastructure and supportive public services. The Project has also been planned with a sensitivity to the environmental and cultural considerations of the site. Development of the Project will be consistent with the existing single family residential subdivision with a high level of site amenities will be complementary to the development in the area. "The roadway within the Project will be built to existing roadway standards, which include minimum -required pavement and right-of-way widths, curbs, gutters and sidewalk, and underground utilities such as water, sewer, electricity, telephone and cable television The subdivision roadway will remain in private ownership, and there is a security gate at Bayview Estates entrance "The Project will require lot purchasers to be responsible for grading their own lots and building their own homes. The design of the homes will be monitored by a homeowner's design committee to assure quality house design and construction. Design guidelines and restrictive covenants will be used by the design committee as a basis for the design review and approval." 8. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A — State Land Use Boundary Amendment, Change of Zone and Special Management Area Use Permit Applications and Letter dated December 8, 2000) 9. State Land Use Commission Designation: Agricultural. District boundary amendments involving lands 15 acres or less are processed by the Planning Commission and forwarded to the County Council for final action Therefore, they do not require consideration by the Land Use Commission pursuant to Section 205-4, Hawaii Revised Statutes. -3- r /ON 10. Hawau State Plan Consistency: Economy, Population, Physical Environment, Land and Air Quality, Water, Facility Systems for Solid and Liquid Waste, Transportation, Socio -Cultural Advancement (Housing) objectives and policies. 11. General Plan Consistency: Economic, Housing, Environmental Quality, Flood Control and Drainage, Public Utilities, Transportation, Land Use and Residential Elements' goals, policies and courses of action for North Kona. 12. General Plan and LUPAG Map: The General Plan document identifies the Keauhou- Kona area as a Major Resort Destination. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area of the subject property for Urban Expansion uses. Urban Expansion Area allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within areas designated for development as resorts, portions of the resort area may be included in the urban expansion area. 13 Kona Regional Plan: The Kona Regional Plan, adopted by the Planning Commission in 1984, recommends the area for residential uses with a density of four units per acre (RES -4) 14. County Zoning: Agricultural -5 acres. 15. SMA: The subject property is situated within the SMA boundary. The applicant has filed a Special Management Area Use Permit application concurrently with the State Land Use Boundary Amendment and Change of Zone applications. DESCRIPTION OF PROPERTY AND SURROUNDING AREE 16. Subject Property: The subject property is a .990 -acre portion of a rectangular -shaped lot that consists of approximately 1.95 acres. The subject property is currently vacant and heavily vegetated. It is occasionally used for grazing The property is adjacent and immediately east and south of the proposed Bayview Estates at Keauhou Phase II subdivision. Annual rainfall averages approximately 75 inches, with most falling in the summer months The property is located approximately 1,900 feet mauka of the -4- shoreline and 2,000 feet maka► of Kuakini Highway, at an elevation of approximately 700 feet above mean sea level. 17. U.S.D.A. Soil Type: Soils on the property are of the Kaimu (rKED) and Aa lava flows (rLV) series The Kaimu extremely stony peat (rKED) is well -drained, thin organic soil that varies from 3 to 8 inches in thickness The Kaimu (rKED) consists of dark brown extremely stony peat over fragmented a'a. Permeability is rapid, runoff is slow and the erosion hazard is slight. The Aa lava flows (rLV) soil is essentially A'a lava, which generally consists of rough and broken masses of clinkery lava, with practically no soil covering. Surface water percolates readily though the rough and broken lava. 18 ALISH Map: Agricultural Lands of Importance to the State of Hawaii (ALISH) has classified the subject property as "Other Important Agricultural Land". Other Important Agricultural Land is defined as land other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use. 19. Land Study Bureau: Soils within the property are classified as "D" or Poor. 20. FIRM: Zone "X", areas determined to be outside the 500 -year flood plain. 21. Lava Flow Hazard: The U.S. Geological Service Lava Flow Hazard Maps show the area of the subject property, as is all of the Kona area, to be within Lava Flow Hazard Zone 4, which indicates that less than 15 percent of the land in this zone has been covered with lava in the last 750 years and that there has been 5 percent lava coverage in the past 200 years. 22. Earthquake: The County of Hawaii Building Code identifies the entire island of Hawaii in Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. Earthquakes associated with volcanic events, primarily underground magmatic movement within Hualalai, have been reported. Based on historic data, earthquakes having a Richter Scale magnitude 6.4 occur in the area of the subject property on the average of once every 62 years. 23. Flora: According to the applicant's Environmental Report, the property is almost entirely covered with grass and stands of koa haole. Plant species found in the area are -5- common, mostly alien, species: (1) trees such as kiawe, kukui, African tulip, noni and monkeypod; (2) shrubs such as koa-haole, Christmas berry, klu, castor bean and sodom apple; and (3) common herbs such as bermuda grass, spiny pigweed, four-o'clock, beggar's tick, Sacramento bur, goose grass, heliotrope, sow thistle, rattle pod, finger grass, crab grass, and sand bur. Bindweed, coccinea, and koali awahi'a represent the vine types. None of these plant species are classified as rare or endangered Of the native plant species found in the vicinity, many are weedy varieties and are able to compete in the face of disturbance or invasion of other weeds. 24. Fauna: According to the applicant's Environmental Report, faunal studies conducted in the project vicinity have observed no resident endemic or indigenous bird species. Species observed in the area include the Japanese White -Eye, Yellow -Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch. Mammals common to the area are Mongoose and feral cats and dogs. No endangered species were observed. The Hawaiian Hoary Bat, a species listed by both the Federal and State governments as endangered, has been observed offshore in the Kona area a number of times but its presence has not been observed or documented in or around the project site 25. Historic and Archaeological Resources: An archaeological inventory survey with subsurface testing report was conducted by Archaeological Consultants of the Pacific, Inc , dated July, 2000. The inventory survey states that, "Two sites of significance to the interests of historic preservation, Sites 22078 and 14652, were present on the current subject property. Site 22078 consisted of twenty-mne features. Based on investigations conducted at these features, it is believed that they were utilized for historic and possible pre -Contact habitation, historic burial, and agricultural functions which likely continued from the pre -Contact period through the post -Contact period This site qualifies to be considered significant under Criterion D (site has yielded, or is Rely to yield, information important in prehistory or history) of the National Register of Historic Places criteria and Criterion E (site has cultural significance) of the Hawaii Register of Historic Places (refer to Table 6) A portion of Site 14652, an historic wall network originally recorded by Jones et al. (1993), extended onto the subject property. Significance assessments were previously made by Sweeney and Burtchard (1995) for this site, wherein the site qualified to be significant under Criterion A (site associated with events contributing to broad patterns in history) and D. Archaeological Consultants of the Pacific, Inc., recommends that a determination be made that future construction activities would have an "adverse effect" on significant historic properties at Sites 22078 and 14652 under the Advisory Council Regulations, 36 CFR 800 Data Recovery and a Burial Treatment Plan are recommended for Site 22078." The applicant has also submitted a burial treatment plan to the Hawaii Island Burial Council for the subject property as well as the adjacent parcels identified as TMK: 7-8-11:10 & 13, and a data recovery plan to DLNR-SHPD for its review and approval While the Burial Treatment Plan identifies a total of six burials, the applicant points out that only one is on the subject property and it is located on the mauka portion of the property which is not included as part of the subject requests. It is the wish of the applicant to preserve these burials in place. According to the plan, the burials will be protected by temporary 70 -foot buffer zones marked by high -visibility fences during initial grubbing and grading of the properties, and ultimately, by permanent 25 -foot buffer zones marked by low stone walls constructed from existing rock walls on the property. The applicant states that it will comply with all conditions of the Hawaii Island Burial Council review and requirements. By letter dated January 18, 2001, Don Hibbard, Administrator of the State Historic Preservation Division of the Department of Land and Natural Resources, states that the archaeological inventory survey has been approved by his office. He further states, "With the understanding that the burial treatment and data recovery plans are found acceptable and implemented, we believe that the proposed development will have "no adverse effect" on the two historic sites located on the subject parcel " 26. Visual and Recreational Resources: The property is located mauka of Alii Drive approximately 1,900 feet from the shoreline and approximately 2,000 feet makai of the Kuakim Highway, the nearest public right-of-way to the property. The project will not -7- impact views of the shoreline from Kuakini Highway as the topography and vegetation of the property would largely screen the development from mauka to makat view. While the development will be visible from the shoreline as part of the larger regional view of the Keauhou mauka lands, it will not be easily distinguishable. The proposed development will not adversely impact any recreational, including access to and along the shoreline, or visual resources to the shoreline and coastal ecosystems. 27. Air and Noise Quality: Air quality in the area of the subject property is most affected by emissions from natural and vehicular sources. Volcanic haze is the dominant form of natural emissions, while windblown dust may also contribute to air pollution. The existing noise generated in the area is coming primarily from the vehicular traffic on Alii Drive, Kamehameha III Road and Kuakini Highway. The principal source of both short-term air and noise quality impacts associated with the construction of the proposed improvements is expected during construction, especially during grubbing and grading activities. These impacts can be mitigated through the utilization of best management practices. Given the limited nature of the improvements, no significant long-term air and noise quality impacts are anticipated. 28. Scenic and Open Space Resources: The proposed development will not severely interfere with the coastal view plane. The subject property is not located within an area recognized by the General Plan as an example of natural beauty. Therefore, the proposed development will not adversely impact any scenic or open space resources to the shoreline and coastal ecosystems. 29. Surrounding Zoning/Land Uses: The proposed development is adjacent to and immediately east and south of the proposed Bayview Estates at Keauhou Phase II development, a 45 -lot single-family residential (RS -15) subdivision. Phase II in turn is adjacent to the existing 54 -lot Bayview Estates Phase I development. Nearby lands to the east and south are vacant. Lands further to the north and west are the 135 -lot Keauhou Estates (RS -15), 58 -unit The Villas (RM -3.5) and 29-umt Hale Kehau condominiums (RM -3). Lands in the area zoned RS -7.5, RS -15, RM -1, RM -3, V-4 Land uses in the area include the Keauhou Estates, Hillhaven Medical Care facility, no golf course and condominiums across Kamehameha III Road, Keauhou Shopping Village and vacant lands. 30. Access: Access to the property will be provided through Bayview Estates, via Kaluna Street, which connects with Ali'i Drive and Keali'i Street. Kahmaa Street a 60 -foot right of way and 40 -foot wide pavement Kaluna Street is arCoudty dedicate&ollector road serving existing and planned development in Keauhou's mauka lands. The makai side of Kaluna Street has curb, gutter and sidewalks. The mauka side has only curbs and gutters. Kaluna Street intersects with Kealii Street and Alii Drive. Ali'i Drive has a 50 -foot right-of-way with approximately 24 feet pavement. The proposed Mamalahoa Highway Bypass Road is located makai of the subject property at the terminus of Ali'i Drive in Keauhou. 31. Schools: Based on prior lot sales at the adjacent Bayview Estates subdivision, residents of the proposed Phase II subdivision, which will include the subject property, are expected to include a large portion of retirees and second homebuyers. Therefore, the number of school age children within the subdivision is expected to be small. Schools that may be affected by the project include Konawaena and Kealakehe High Schools, Kealakekua and Kona Intermediate Schools and Kahakai Elementary School 32 Parks and Recreation: Existing recreational opportunities offered in the Keauhou Resort area include golf, tennis, boating, and beach activities. Beach and shoreline access to He'eia Bay and Keauhou Bay are provided within the resort area from Manuka Road, Ali'i Drive, and at the Keauhou Bay Harbor. County park facilities in the area include Pahoehoe Beach, White Sands, and Kahalu'u Beach Parks. Kailua Park provides a gymnasium, swimming pool, soccer and baseball fields, tennis courts, meeting facilities, restrooms, park offices, and a bike track. State parks in the region include the Old Kona Airport Recreational Area and Kealakekua Bay State Historical Park. 33. Water: The proposed project will connect with the County's North Kona Water System, which serves the Keauhou Resort area among others. The applicant currently IE has water commitments from the County Department of Water Supply adequate to accommodate the development The applicant has contributed land to the County for a well site south of Keauhou, in Ke'ei, which has since been developed with a well and put into production. This well will supplement existing sources for the South Kona Water System. The applicant has also developed three wells above Keauhou to supply future development needs in the vicinity 34. Wastewater: The He'eia Waste Water Treatment Plant (HWWTP), which is owned by Kamehameha Investment Corporation, will service the project. Wastewater disposal system will meet with requirements of the Department of Health and/or the Department of Public Works. 35. Police/Fire/Medical: Police services are provided by the County of Hawaii from its Captain Cook station and Kealakehe substation. Fire protection is also provided by the County of Hawaii from its Kailua-Kona, Keauhou and Captain Cook stations. Emergency medical and paramedical services are also provided by the Hawaii County Fire Department. The nearest available public health facility is the Kona Community Hospital is located at Kealakekua. 36. Electrical/Telephone: Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. Utility lines will be located underground. 37. Other essential utilities and services are or will be made available to the property 38. Police Department (January 29, 2001 Memo): "Staff has reviewed the above -referenced applications and are concerned that while two lots alone will not have a major effect on Kona's infrastructure, the lack of improvements over the last ten years in Kona has left the community with serious traffic and police manpower problems "Any further development, without catching up with Kona's infrastructure needs, will compound the already existing problems." -10- 39 Fire Department (January 19, 2001 Memo): "We have no comments regarding the above -referenced State Land Use Boundary Amendment, Change of Zone, and Special Management Area Use Permit Applications." 40. Department of Land and Natural Resources, Land Division (January 12, 2001 Letter): "Thank you for the opportunity to review and comment on the proposed project. "The Department has no comment to offer on the subject matter." 41 Department of Transportation (January 31, 2001 Letter): "Thank you for your transmittal of January 5, 2001, requesting our review and comments regarding the subject proposal. "The proposed incorporation of the two -lot subdivision into the Bayview Estates will not adversely impact our State Highway facilities." 42. Department of Public Works: (See Exhibit B - January 18, 2001, Memo) 43. Department of Land and Natural Resources, State Historic Preservation Division: (See Exhibit C - January 18, 2001, Letter) 44. State Land Use Commission: (See Exhibit D - January 23, 2001 Memo) 45 Applicant's Response to Department of Public Works and Department of Land and Natural Resources, State Historic Preservation Division, comments: (See Exhibit E - January 29, 2001, Letter) 46 Applicant's Response to Police Department and State Land Use Commission comments: (See Exhibit F - February 6, 2001, Letter) 47. Department of Water Supply, Civil Defense, Real Property Tax Office, Department of Health, Department of Agriculture and Kona Soil and Water Conservation District. 48 The Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications. -11- COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANTS AGENT: STEVEN S.C. LIM, C_AR c:ITH BALL LLP APPLICANT: KAlZHAMEBA INVESTMENT CORPORATION . APPLICANT' S SIGNATURE: SEE ATTACHED LETTERS OF AUTHORIZATION MAILING ADDRESS: P.O. Boz 1720 PLANNING DEPT. Kailua-Kooa,HI 96745 KONA OFFICE TELEPHONE: (BUS) 935-6644 (HOME) ^,�234asj� LANDOWNER: HAMEHAMEBA INVESTMENT CORPORATION AND EAMEMAPMA SCHOOLS or LANDOWNER'S SIGNATURE: SEE ATTACSBD LETTERS OF AUTHORIZATION TAX MAP KEY: 7-8-011: Portion of 008 0.990 acre LAND AREA: CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2 -foot by 3 -foot presentation map requested under B.3, above. EXHIBIT 0400Q_ _ � � i c�; 25 Fn 0�.� l2 16 CHANGE OF ZONE APPLICATIONwM OF PLANNIP:C DE. T. ' OFFICE COUNTY OF HAWAII�cV%A PLANNING DEPARTMENT 00 OCT A Pfd 12 16 (Type or legibly print the requested information) COUNTY OF HAY/; I I PLANNIHC CEPT. APPLICANT KAKEHAMEHA INVESTMENT CORPORATION K 014 A OFFICE APPLICANT'S SIGNATURE- See Attached Letters of Authorization DATE: 9-28-00 ADDRESS 78-6740 Makolea Street Sailua-Lona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS•. PHONE:(Bus.) 935-6644 (Res.) (Fax) LANDOWNER(S): LAMEHAIMA IMSMEM CORPORATION AND LAMEHAMEELA SCHOOLS LANDOWNER SIGNATURE(S).See Attached Letters of Authorziation DATE- 9-28-00 (May be by letter) LANDOWNER(S) ADDRESS: REQUEST' Agricultural 5 -acre (A -5a) TO Single Family Residential - 15,000s.f. (RS -15) (Existing zoning) (Proposed Zoning) TAX MAP KEY. 7-8-011: Portion of 008 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED AGENT: STEVEN S.C. LIN, ESQ., CARrcwrTH BALL LLP ADDRESS: P.O. Boz 1720 Hailua-Rona, Hawaii 96745 0.990 acre TELEPHONE -(Bus. ) 935-6644 (Res) (Fax) 935-7975 Please indicate to whom original correspondence and copies should be sent )RIGINAL- STEVEN S.C. LIM, ESQ. COPIES• %ATRAHM INVESTMENT CORPORATION (See Instructions on Reverse Side) ATTACHMENT "N Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to suodivide the subject land in accordance with the approved change of zone? YES If as , please answer the rest of question 1 and then to ques ion 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? Ilia. 15,000 e.f. C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Immediately d. Do you intend to build houses on the newly created lots? NO If yes, please answer the following questions: on how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? YES b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) F. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? YES How? SEE ATTACHED COUNTY ENVIROIREMAL REPORT 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? -2- 5. Is the subject land currently being used for any agricultural activitity? If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? 8. what sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? -3- NO Q] LE YES Yes No a. Schools x b. Roads Z C. Server z d. Drainage 3 e. Police Protection _ x -3- NO Q] LE YES Yes NO f. Fire Protection % g. Recreational Facilities % h. Public Utilities % i. Other % For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Agent for Applicant: STEVEN S.C.LIM, ESQ. CARLSKTTH BAI Signature: 27�,o+t Zo Address: P.O. Boz 1720 Railua-Rom, HI 96745 Telephone: 935-6644 Date: October 24, 2000 -4- SP_I; 1 .'ANAGEMENT AREA Ux PEWIT F^TJON COUNTY OF HAWAII PLANNINU DEPARTMENT - PLANNING COMMIS:, --N 1 TIONERS AGENT: STEVEN S.C. LIM, CARISlIITH BALL LLP F=.,�TIDN=R: KAmEHAmEHA INVESTMENT CDRPORATIOI, ' CC OCT 25 PM 12 1 ==TITIDNER'S SIGNATURE: SEE ATTACHED LETTERS OF AUTHORIZATION COUNTY OF AWAI NII IC -cTITIONER'S INTcn=ST, IF NOT OWNER: KONA OFFICE ADDRESS: P.O. BOX 1720, KAILUA BONA, HAWAII 96745 935-6644 TELEPHONE: nusiness (nome KAMEBAMEHA INVESTMENT CORPORATION AND EANEBANEBA SCHOOLS OVINER: OWI`R'S SIGNATURE: SEE ATTACHED LETTERS OF AUTHORIZATION TAX MAP KEY: 7-8-011: Portion of 008 NATURE OF DEVELOPMENT: Development of an approximate 2 lot subdivision to be incorporated into the Bayview Estates at Keauhou, Phase II subdivision. TOTAL COST/FAIR MARKET VALUE: $300,000.00 DATE OF PETITION: 10-24-00 s PETITIONER SHALL SE RESPONSIBLE FOR FILING THE FOLLOWING WITH THE DEPARTMENT: A. Fifteen (15) copies of the completed petition including the following: 1. A written description of the proposed project and a statement of objectives. 2. A written description of the anticipated impacts of the proposed project on the SMA including but not limited to: a. Description of environmental setting; b. The relationship of the proposed action to the County General Plan, Zoning and Subdivision Codes and other applicable ordinances; C. The probable impact of the proposed action on the environment; d. Any probable adverse environmental effects which cannot be avoiced; e. Alternatives to the proposed action; f. Mitigating measures proposed to minimize impact; and g. Any irreversible and irretrievable commitment of resources. 3. A written statement discussing the proposed development in relation to the objectives and policies as provided by Chapter 205A, HRS, and the Special Management Area guidelines. 4. A plot plan of the property, drawn to scale, with all proposed and existing structures and other pertinent information shown thereon. 5. Any other plans or information required by the Director. S. In the case of a petitioner whose proposed development has been assessed, 15 copies of the Director's Determination and any information as to the areas of critical concern as delineated oy the Director. (See Ins=:uc icns in Ba:.. Eee Owner and/or Applicant's Letter of AutholUallon Tax Map Key: (3) 7-8-011: 008 District of North Kona Island, County and State of Hawaii The undersigned is the authorized representative fee owner of and/or applicant for the real property above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. This authorization may be signed in couaterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of ibis executed autboricativa ahan also be considered as effective and valid as the original. KAMERAMENA SCHOOLS B � GOr'feROBOWN Its Autborized Representative Address: 78-6831 Alii Drive, Satie 232 Kailus-Kona, Hawaii 96740 Sub sc ipcd and sworn to before me this � day of 6e+ . . 2000. N Z&i0_QA - ry Public, State of linwaii Maine- M. Rt peal" My commission expires 2/1/02 r,-7 Fee Owner and/or Auglicant's Letter of Authorization Tax Map Key: (3) 7-8-011: 008 District of North Kona Island, County and State of Hawaii The undersigned is the authorized representative fee owner of and/or applicant for the real property above -identified, and hereby authorizes the law firm of Carhmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shah also be considered as effective and valid as the original. KAAMHA INVESTMENT CORPORATION ';P- By 0' L )5 A KAU Its Authorized Representative Address: 567 South King Street, Suite 600 Honolulu, Hawaii 96813-3036 Subscribed and sworn to before me this ge- day of 2000. Notary P lie, State of Hawaii Name. / A- lZ51( My comm�ismon expires: ePR 1 7 2001 COUNTYENWRONMENTAL REPORT STATE LAND USE BOUNDARYAMENDMENT CHANGE OF ZONE SPECIAL MANAGEMENTAREA USE PERMIT The Whole of L. C. Aw. 10258, AP. 3 to Maikai at Keauhou 1°, District of North Kona, Hawaii TMX: (3) 7-8-011: Portion of 008 Prepared for: KAMEHAMEHA INVESTMENT CORPORATION Prepared by: Steven S C Lim Carlsmith Ball LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 Telephone (808) 935-6644 October 2000 Q'�rf 11 16 State Land Use Boundary Amendment Application Form Change of Zone Application Form Residential Questionnaire Special Management Area Application Form Letters of Authorization Recorded Deeds of Property 1 0 PROJECT DESCRIPTION 1 I Summary of Request 1 2 Project Objectives 1 3 Existing Land Use 1 4 Development Program 1 5 Development Timetable 1 6 Estimated Infrastructure Cost 20 ENVIRONMENTAL CHARACTERISTICS AND ANTICIPATED IMPACTS OF THE PROPOSED ACTION 2 1 Physical Environment 21 1 Geology, Physiography and Climate 2 1 2 Soils 2 1 3 Flora and Fauna 2 1 4 Historic and Archaeological Sites 2 1 5 Natural Hazards 2 1 6 Air and Noise Quality 2 1 7 Scenic and Visual Resources 22 Public Services and Engineering Requirement 2 2 1 Schools 2 2 2 Parks and Recreation 223 Medical Services 224 Police and Fire Protection Services 2 2 5 Water System 226 Drainage 227 Sewerage System 2 2 8 Solid Waste Disposal 229 Electrical, Telephone and Cable Services 2210 Vehicular Circulation/Traffic 30 CONFORMANCE WITH STATE AND COUNTY PLANS 31 Statutory Authority Concurrent Application, 15 Acres or less 32 Chapter 205, Hawaii Revised Statutes (HRS) - Land Use Commission 40724791 037756-7 1 I 2 3 3 4 4 4 4 4 5 6 7 10 11 13 13 13 13 14 14 15 15 16 16 16 17 18 18 18 3 3 Hawaii State Plan 3 4 Chapter 343, HRS, Environmental Impact Statement Regulations 3 5 Hawaii County General Plan 3 6 Kona Regional Plan 3 7 County Zoning 3 8 County Special Management Area (SMA) 3 9 Proposed Actions in Relation to the Objectives and Policies and Provided by Chapter 205A, HRS and the County Special Management Area Guidelines 3 10 Special Management Area (SMA) Guidelines 40 ENVIRONMENTAL ASSESSMENT AND ANALYSIS 4 1 Relationship Between Local Short -Term Use of the Tax Map Key of Property Map Environment and the Maintenance and Enhancement Preliminary Subdivision Plan of Long -Term Productivity 42 Mitigative Measures Proposed to Avoid, Minimize, Rectify, Burial Treatment Plan Report or Reduce Impacts 4 3 Alternative to the Project 44 Irreversible and Irretrievable Commitments of Resources 50 AGENCIES CONTACTED Table Name 1 Land Use Status List Qf Exhibits Exhibit A Regional Location Map Exhibit B Tax Map Key of Property Map Exhibit C Preliminary Subdivision Plan Exhibit D Archaeological Inventory Survey Report Exhibit E Burial Treatment Plan Report Exhibit F Metes and Bounds Map of Property Exhibit G Recorded Deed of Ownership of Property (1 Reference Copy) 4072479 10377.56-7 21 22 23 32 32 32 32 43 48 48 49 50 51 52 Page No. 2 County Environmental Report Kamehameha Investment Corporation 1.0 PROJECT DESCRIPTION 1.1 SUMMARY OF REQUEST Kamehameha Investment Corporation, hereinafter referred to as the (Applicant) is seeking a State Land Use District Boundary Amendment Application (SLUDBA) from Agricultural to Urban, a Change of Zone Application from the current Agricultural 5 -acre (A -5a) to Single Family Residential - 15,000 square feet (RS -15) and a Special Management Area Use Permit Application to allow for a single family residential subdivision of approximately 2 single- family lots within a 0 990 acre portion of the approximately 1 95 -acre parcel located in Keauhou 1", North Kona District, Hawaii, Tax Map Key 7-8-011 portion of 008, hereinafter referred to as the (Property) (See Exhibits A, B, C, F) The 0 990 acre portion of the Property in the 3 land use application requests is the west (Makai) portion of the Property The remaining 960 acre is the east (Mauka) portion of the Property Upon approval of these land use applications, the mauka portion of the Property would be consolidated into the adjacent parcel (Tax Map Key 7-8-10 029) to preserve the existing significant archaeological burials (See Exhibit F) Kamehameha Investment Corporation (formerly known as Kamehameha Development Corporation) has a 54/120 ownership interest and Kamehameha Schools has a 66/120 ownership interest in the Property Letters of Authorization from both landowners are attached to the Application forms to allow Carlsmith Ball LLP to represent the Applicant on the land use permit applications being submitted A copy of the recorded deed of the ownership has also been included as Exhibit G. The proposed SLUDBA, Change of Zone and Special Management Area Use Permit Applications are being requested to allow for this single family residential subdivision of approximately 2 single-family lots hereinafter referred to as the (Project) that will be incorporated into the proposed Bayview Estates at Keauhou, Phase E subdivision (See Exhibit C). The Property is also located within the County Special Management Area (SMA) which extends from the shoreline to the area of the historic railway grade, located at the approximately 750 -foot elevation, between the Project site and Kuakim Highway Being situated within the SECTION 1 Page 1 r Countv Environmental Report Kamehameha Investment Corporation County SMA, a petition for an SMA Use Permit is also being requested to allow the Project The Property is presently designated for Urban Expansion on the Land Use Pattern Allocation Guide (LUPAG) Map of the County General Plan As such, an amendment to the County General Plan is not required for the Project In addition, the Project site is situated in an area designated for urban use on the Kona Regional Plan and is, therefore, generally consistent with the County's long-range land use plans for the area The Property is located within the Keauhou Resort lands, mauka of Ah'i Drive and makai of the Kuakini Highway The site is located adjacent to the south of the existing 54 -lot Bayview Estates at Keauhou subdivision and at the mauka or east portion of the proposed Bayview Estates, Phase fl, 45 lot subdivision development Access will be through the existing Bayview Estates Subdivision, which connects directly to Ah'i Drive via Kaluna Street, and to the Kuakim Highway via Kaluna Street, Keah'i Street and Kamehameha III Road The location and regional context of the Project area are shown in Exhibit A (Regional Location Map) and Exhibit B (Tax Map Key of Property Map), and Exhibit C (Preliminary Subdivision Map for the Project) and the following table summarizes the land use status of the Project land Table 1 LAND USE STATUS Tax Map Key State Land Use County General Plan (LUPAG) Hawaii County Zoning County Special Management Area 1.2 PROJECT OBJECTIVES (3) 7-8-011 Portion of 008 Agricultural Urban Expansion Agricultural (A -5a) Within the SMA The Keauhou Resort lands were master -planned in the 1960's and 1970's to allow for the orderly development of residential communities within a resort setting Over the years, residential sales within the Keauhou Resort area have been relatively strong, due in large part to the well-planned resort -residential community environment, the range and quality of residential SECTION 1 Page 2 County Environmental Report Kamehameha Investment Corporation products being offered, and the wealth of nearby commercial and recreational amenities The Project is intended to help meet the growing demand for residential lots in the Keauhou Resort area and allow for the expansion of an existing subdivision in an orderly and cost-effective manner Being in close proximity to the existing Bayview Estates at Keauhou subdivision and adjacent to the proposed Bayview Estates at Keauhou, Phase lI subdivision offers the Project the advantage of being close to existing infrastructure and supportive public services The Project has also been planned with a sensitivity to the environmental and cultural considerations of the site Development of the Project will be consistent with the existing single family residential subdivision with a high level of site amenities will be complementary to the development in the area This County Environmental Report has been prepared according to the requirements of Section 25-2-42 of the County Code, and has been prepared in support of the Change of Zone, State Land Use Boundary Amendment and SMA Use Pernut applications for the Project. 1.3 EXISTING LAND USE The Project site is currently vacant and heavily vegetated It is occasionally used for grazing The Project is adjacent on the east (mauka) portion of the proposed Bayview Estates Phase II, residential subdivision Nearby lands to the east and to the south are vacant Keauhou contains several hotels, multi -family and single family residential projects, two I8 -hole golf courses, a commercial shopping village, a long-term health care facility, and several areas set aside for future development The Project subdivision is consistent with the existing and proposed uses within the Keauhou Resort, and has been planned in a manner so as to complement the adjacent land uses 1.4 DEVELOPMENT PROGRAM The Project subdivision, as shown in Exhibit C, will contain approximately 2 single- family residential lots to be incorporated with the proposed Bayview Estates at Keauhou, Phase II subdivision Lot sizes will be a minimum 15,000 sq ft, and access to the subdivision will be from Kaluna Street through the existing Bayview Estates Subdivision SECTION 1 Page 3 Countv Environmental Report Kamehameha Investment Corporation The roadway within the Project will be built to existing roadway standards, which include mimmum-required pavement and right-of-way widths, curbs, gutters and sidewalk, and underground utilities such as water, sewer, electricity, telephone and cable television The subdivision roadway will remain in private ownership, and there is a security gate at the existing Bayview Estates entrance The Project will require lot purchasers to be responsible for grading their own lots and building their own homes The design of the homes will be monitored by a homeowner's design committee to assure quality house design and construction Design guidelines and restrictive covenants will be used by the design committee as a basis for the design review and approval in response to the existing site features and the adjoining residential development, the Project site would be developed in a manner that is responsive to the site characteristics and surrounding uses 1.5 DEVELOPMENT TIMETABLE Subdivision plans are expected to be submitted within six months of receipt of governmental approvals (State Land Use Boundary Amendment, Change of Zone and SMA Use Permit) Construction of subdivision infrastructure would be completed within one year of final subdivision approval Based on current market conditions, the Project lots are expected to be developed and sold over an approximately five-year period 1.6 ESTIMATED INFRASTRUCTURE COSTS The estimated order of costs for infrastructure elements, which include site preparation, sewer, water, drainage, and power and communication utility improvements for this 2 lot portion of the proposed subdivision is estimated to be in approximately $300,000 dollars 2.0 ENVIRONMENTAL CHARACTERISTICS AND ANTICIPATED IMPACTS OF THE PROPOSED ACTION 2.1 PHYSICAL ENVIRONMENT 2.1.1 Geology, Physiography, and Climate Located on the southwest slope of Hualalai Volcano, overlooking Keauhou Bay, the SECTION 2 Page 4 County Environmental Report Kamehameha Investment Corporation Project area is situated on remnants of lava flows from Hualilai that are covered by a very thin layer of rocky, organic soil Elevations range from approximately 300 feet above mean sea level at the makai boundary, to approximately 500 feet above mean sea level, with slopes averaging from eight to ten percent Due to the wind -shadow effect caused by Mauna Loa and Hualilai, winds in the area are often light and variable, dominated by local land -sea breezes However, Kona storms in the winter season can bring very strong winds from the south or southwest for brief periods Average daily temperatures range from a minimum of 61 degrees F to a maximum of 79 degrees F Annual rainfall averages approximately 75 inches, with most falling in the summer months 2.1.2 Soils Soils in Hawaii are commonly rated in terms of three classifications systems: (1) Detailed Land Classifications, (2) Soil Survey, and (3) Agricultural Lands of Importance to the State of Hawaii These are discussed below Detailed Land Classification Based on the five -level productivity rating system from the Land Study Bureau's 1967 Detailed Land Classifications, Island ofHawan (Baker et al 1965), where A represents the highest rating and E the lowest, the soils within the Project site consist of "D" and "E" soils, which are considered marginally sortable or unsuitable for agricultural purposes None of the subject lands are categorized as A, or B soils, which are considered important for agricultural purposes under Hawaii Revised Statutes 205-4 5 Soil Survey Soils on the site are identified by the Soil Survey of the Island of Hawau (USDA -SCS 1973) as Kaimu, extremely stony peat, as described below rKED Kaimu extremely stony peat, with 6 to 20 percent slopes This soil is generally found at lower elevations The surface layer is very dark -brown consisting of extremely stony peat approximately 3 inches thick and underlain by a`s lava Permeability is rapid, runoff is slow, and the erosion hazard slight SECTION 2 Page 5 County Environmental Report Kamehameha Investment Corporation rLW Lava flows, pahoehoe This soil is rated "poor" as topsoil due to the rocky character, relatively thin soil depths, and moderate erosion potential. These soils are rated as poorly suited to agriculture due to their rocky character, relatively thin depths, and rapid permeability Agricultural Lands of Importance to the State of Hawaii The Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system identifies three types of agricultural lands, based on characteristics such as soil quality, growing season and moisture supply The three classifications used are prime, unique, and other important lands None of the lands within the Project site are listed as "prime" or "unique" but are primarily within lands designated as "other important" agricultural lands, by the ALISH classification system A2riculture Due to the generally poor quality of soils within the Project site, impacts to the agricultural potential for the Project lands are expected to be minimal and insignificant Whereas, the Project will result in a curtailment of the present limited use of the Project lands for occasional grazing purposes, this impact is not expected to be significant given the marginal quality of these lands and the extent of other, more suitable grazing lands in the region Additionally, the potential agricultural use of the Project land should be viewed in the context of the surrounding urban uses and the long-range land use plans for the area, as set forth by the State and County development plans 2.1.3 Flora and Fauna Flora The property is almost entirely covered with grass and stands of koa haole Plant species found in the Project area vicinity, and which may occur within the Project area, are common, mostly alien, species (1) trees such as kiawe, kukut, African tulip tree, none and monkeypod, (2) shrubs such as koa-haole, Christmas berry, klu, castor bean, and sodom apple, and (3) common herbs such as bermuda grass, spiny pigweed, four-o'clock, beggar's tick, Sacramento bur, goose SECTION 2 Page 6 County Environmental Report Kamehameha Investment Corporation grass, heliotrope, sow thistle, rattle pod, finger grass, crab grass, and sand bur Bindweed, coccinea, and koah awahi'a represent existing vine types None of these plant species are classified as rare or endangered Of the native species found in the vicinity or observed on the Project site, many are weedy varieties and are able to compete in the face of disturbance or invasion by other weeds In that those plants found on site are generally alien and introduced species, with an absence of plant species classified as rare, endangered, or threatened, the overall impact on area flora is expected to be negligible Fauna Faunal studies conducted in the Project vicinity have observed no resident endemic or indigenous bird species Species observed in the Project area vicinity include the Japanese White -Eye, Yellow -Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch Mammals common to the area are Mongoose and feral cats and dogs These species are highly mobile and will have little trouble in relocating to other areas None of the species are rare or endangered The Hawaiian Hoary Bat, a species listed by both the Federal and State governments as endangered, has been observed offshore in the Kona area a number of times, but its presence has not been observed or documented in or around the Project site The Project would create a more open and urbanized habitat than presently exists This change in the habitat may result in a decrease or increase in the numbers of different species, depending on the habitat preference of the species The number of feral cats and dogs could decrease due to the urban nature of the residential development 2.1.4 Historic and Archaeological Sites An archaeological inventory survey with Subsurface Testing Report of the property was conducted by Archaeological Consultants of the Pacific, Inc dated July, 2000 A copy of the inventory survey report is included as Exhibit D in this report It is important to note that the area being requested for the State Land Use Boundary District Amendment, the Change of Zone and Special Management Area applications does not include the area where the 2 significant sites are located on the Property The 2 significant sites described in the Inventory Survey are located SECTION 2 Page 7 County Environmental Report Kamehameha Investment Corporation in the mauka portion of the Property The area of the Property requested for inclusion to the proposed Bayview Estates at Keauhou, Phase H subdivision, is the area makai of the of these 2 significant sites and is separated by an existing low rock wall The Applicant recognizes the significance of these burials and in the Burial Treatment Plan to be reviewed by the Hawaii Island Burial Council, the Applicant is requesting the burials be preserved in place The inventory survey states that "Two sites of significance to the interests of historic preservation, Sites 22078 and 14652, were present on the current subject property Site 22078 consisted of twenty-nine features Based upon investigations conducted at these features, it is believed that they were utilized for historic and possible pre -Contact habitation, historic burial, and agricultural functions which likely continued from the pre -Contact period through the post - Contact penod This site qualifies to be considered significant under Criterion D (site has yielded, or is likely to yield, information important in prehistory or history) of the National Register of Histonc Places cntena and Criterion E (site has cultural significance) of the Hawaii Register of Historic Places criteria A portion of the Site 14652, an historic wall network originally recorded by Jones etal (1993), extended onto the subject property Significance assessments were previously made by Sweeney and Burtchard (1995) for this site, wherein the site qualified to be considered significant under Criterion A (site associated with events contributing to broad patterns in history) and D Archaeological Consultants of the Pacific, Inc recommends that a determination be made that future construction activities would have an "adverse effect" on significant historic properties at Site 22078 and 14652 under the Advisory Council Regulations, 36 CFR 800 Data Recovery and a Burial Treatment Plan is recommended for site 22078 Based on the above information, potential impacts to the historical and archaeological resources of the Project area will be mitigated by the developer according to the approved recommendations of the consulting archaeologist, in consultation with DLNR-HPD The Archaeological Inventory Survey with Subsurface Testing Report was submitted on July 27, 2000 to the Department of Land and Natural Resources, Historic Preservation Division for their review In addition, a Bun al Treatment Plan for the Proposed Bayview Phase lI subdivision SECTION 2 Page 8 County Environmental Report %amehameha Investment Corporation including the "Property" was prepared by Archaeological Consultants of the Pacific, Inc and completed on August, 2000 included as Exhibit E The Burial Treatment Plan has been submitted to the Department of Land and Natural Resources, State Historic Preservation Division, Burials Program for their review and approval The Applicant has requested placement of this plan on the Hawaii Island Burial Council meeting as soon as possible The proposed Preservation methods section of the plan states "In summary, there are six, identified, individuals buned on the subject property One contained within Site 22708, Feature 9, and the other five in Site 19651, three individuals in Feature 8 of this site and two individuals contained in Feature 7 It is important to note that the Burial Treatment Plan submitted to the Department of Land and Natural Resources, Burials Program is for the six burials, and only one is located within the Property This mauka portion of the Property is not included as part of the Applicant's land use application requests However, the Burial Treatment Plan is presented with the lands for the proposed Bayview Estates at Keauhou, Phase II, subdivision to present an overall presentation of the archeological features on all 3 parcels As mentioned earlier, it is the wish of Kamehameha Investment Corporation to preserve all these individuals in place. In order to achieve this end, several components are necessary to the process To begin, notices of burial discovery were placed in three newspapers The Honolulu Advertiser/Star Bulletin (legal ad) West Hawaii Today and Ka Wai Ola o Oha There were a number of respondents to these ads and other calls for lineal descendants including Ms Lily Kong, Ms Beverly /Amaral, Ms. Kawehi Kanui, Anne Kanui, Maxine Ching and Mr Moses Iokua The Department of Land and Natural Resources, Burials program is responsible for the verification of descendants claims Next, prior to any construction activities, a conference shall take place between the archaeologist and the construction foreman In this meeting the nature of the preserved sites must be discussed and temporary buffer zones will be established in order to acquaint all parties with the importance of the sites and establish the limits of grubbing and grading A temporary, high visibility fence shall be constructed and flagged around the three features that contain human osteological material, this temporary buffer zone shall measure 70 feet in all directions from the features in question Once the grubbing and grading activities are completed, the temporary fence will be replaced by SECTION 2 Page 9 County Environmental Report Kamehameha Investment Corporation the construction of low dry masonry, low stone walls that will define the limits of the permanent buffer zone at 25 feet in all directions from the features in question The rock material used in these constructions will be obtained from existing rock walls on the property There will be no future excavations within these permanent zones The interior of the preserved area within the permanent buffer zones shall be managed and maintained by the current landowner or their responsible successors Non -indigenous plants shall be removed from the preserved area and replaced with native species Finally, access to the preservation areas for lineal and cultural descendants shall be facilitated through the current landowners or their responsible successors The Applicant will comply with all conditions of the Hawaii Island Burial Council review and requirements " 2.1.5 Natural Hazards Potential natural hazards to which the subject property could be subjected include flooding, volcanic eruptions and earthquakes The Project area is outside the 500 -year flood zone and is therefore not shown on Flood Insurance Rate Maps on file with the County Department of Public Works Additionally, no natural drainage features are found on site Because the land and soil are welled drained, floods due to rainwater and surface runoff across the property are unlikely to occur if County regulations pertaining to drainage and flood control are adhered to Volcanic hazards in the area have been studied in detail (Mullineaux and Peterson 1974) The proposed Project site is located on the southwestern slope of the Hualalai Volcano The last volcanic eruption of Hualalai occurred in 1800 to 1801 Lava emerged from the northwest volcanic nft zone at about the 1,600 -foot elevation (in the vicinity of Puhi-a-Pele cinder cone, lust makai of Mamalahoa I-hghway) creating the flow that entered the ocean north of Keahole Point, about 16 miles north of the Project area The U S Geological Survey divides the Island into zones that are ranked from 1 through 9 based on the probability of lava coverage The USGS Lava Flow Hazard Maps show the Project area, as is all of the Kona area, to be within Lava Flow Hazard Zone 4, which indicates that less than 15 percent of the land in this zone has been covered with lava in the past 750 years and that there has been 5 percent lava coverage in the past 200 years Although lava flows on SECTION 2 Page 10 'e-1 r. County Environmental Report Kamehameha Investment Corporation Hualalai have typically covered large areas, historic flows have been concentrated on its western flank The historic flow closest to the Project site is the 1800-1801 flow, mentioned above The most recent flow at Keauhou Bay, approximately 1,500 feet distant from the proposed Project area, is between 300 and 10,000 years old (Stems and MacDonald 1946) In addition to lava flow hazard zones, tephra hazard zones (ash fall) have also been established for Hawaii (Mullineaux and Peterson, 1974) The Keauhou lands are located in the Tephra Hazard Zone 2, which indicates that tephra falls from lava fountains, should these occur, may be frequent, but thin Hazard zones for pyroclastic surges are not designated in the Project area The single pyroclastic surge hazard zone on the Island surrounds the Kilauea Caldera and extends approximately 10 kilometers from its center Hazard zones for volcanic acids are the same for hazard zones for tephra, i e , Hazard Zone 2 (Mullmeaux and Peterson, 1974) The Project area lies outside hazard zones for ground fracture and subsidence, but earthquakes associated with volcanic events, primarily underground magmatic movement within Hualalai, have been reported Based on historic data, earthquakes having a Richter Scale magnitude 6 4 occur in the Project area vicinity on the average of once every 62 years The impacts of lava flows on the Project site can only be mitigated with the intention of protecting life Protection of property from lava inundation has proven to be relatively ineffective on a regional scale Therefore, mitigation of lava flow hazards would be limited to the provision of adequate evacuation routes and civil defense warning systems designed to provide users of the Project site with as much advance notice of a threatening lava flow as possible In order to minimize potential damage to structures as a result of earthquakes All buildings and structures within the Project will be designed and constructed in compliance with applicable Building Codes and Standards 2.1.6 Air and Noise Quality Air Ouslity Generally, air quality is affected by regional and local climates, together with the amount and type of human activity in a given location No large, stationery sources of air pollutants and SECTION 2 Page 11 County Environmental Report Kamehameha Investment Corporation no major industries that would contribute to air pollution are located within the Project area vicinity Air quality in the Project vicinity is most affected by emissions from natural and vehicular sources The dominant factor for the past several years has been the volcanic haze (vog) from Kilauea Volcano, which drifts into the Kona area from more than fifty miles away Another natural source of air pollution that may affect the air-quality at the site is windblown dust Although there is little air quality monitoring data currently available for the area, it appears that both State and Federal ambient air quality standards are currently being met, despite the persistent vog The Project would increase traffic in the area very slightly, although the projected level of project generated traffic at build -out is not expected to generate significant levels of air pollutants and those that are generated would be dispersed rapidly by the prevailing winds There could be short-term air quality impacts due to construction activities, especially during clearing and grubbing operations However, these impacts can be mitigated through utilization of best management practices such as, covering transported materials, water spraying, and planting of ground cover as soon as practical Noise Quality Because there is residential development adjacent to and in the vicinity of the Project area, existing background ambient noise levels within the Project site are similar to levels in other more remote residential areas of the Keauhou Resort and surrounding area Noise levels in the Project area are primarily influenced by the traffic on Kamehameha III Road, Kuakmi Highway, and to a lesser extent Alii Highway, although these sources are located a considerable distance (over 1200 feet) from the Project site There could be short-term noise impacts due to construction activities, especially during clearing and grubbing operations However, these impacts can be mitigated through scheduling work during the daytime and by ensuring that construction equipment complies with County regulations When fully developed, the Project is not expected to add significantly to current noise levels SECTION 2 Page 12 County Environmental Report Kamehameha Investment Corporation 2.1.7 Scenic and Visual Resources The Project will not impact views of the shoreline from the Kuakini Highway, the nearest State right-of-way mauka of the Project site The Project is located approximately 2,400 feet makai of the Kuakini Highway and approximately 1,900 feet from the shoreline It is situated in an area where topography and vegetation would largely screen the development from mauka to makai view From the shoreline, the Project will be visible as part of a larger regional view of the Keauhou mauka lands, but not distinguishable The Project will have no significant adverse effect on the existing scenic and visual resources of the Keauhou and Kahalu`u areas 2.2 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS 2.2.1 Schools The Project is a relatively small residential development to be connected to the proposed Bayview Estates at Keauhou, Phase 11 subdivision. Based on prior lot sales at the adjacent Bayview Estates, its residents are expected to include a large portion of retirees and second homeowners, therefore the number school age of children within the subdivision is expected to be small The Project is expected to have a minimal impact on the demand for education services in the region Schools that maybe affected by the Project would include Konawaena and Kealakehe High Schools, Kealakehe and Kona Intermediate Schools and Kahakai Elementary School 2.2.2 Parks and Recreation Existing recreational opportunities provided by the Keauhou Resort that are available to its guests, visitors, and Hawaii Island residents include golf, tennis, boating, and beach activities Additionally, beach and shoreline access to He`eia Bay and Keauhou Bay are provided within the resort area from Manuka Road, Alii Drive, and at the Keauhou Bay Harbor County park facilities in the area include Pahoehoe Beach, White Sands, and Kahalu`u Beach Parks, all of which are located within a few miles of the Project site Kailua Park, located at the Old Kona Airport, consists of 14 acres and includes a gymnasium, public swimming pool, soccer and baseball playing fields, lighted play fields, tennis courts, meeting facilities, restrooms, park offices, and a bike track State parks in the region include the Old Kona Airport SECTION 2 Page 13 County Environmental Report Kamehameha Investment Corporation Recreational Area, a 104 -acre coastal park, and Kealakekua Bay State Historical Park, which is approximately eight miles to the north Based on the most recent estimates, the resident population for the North Kona district is approximately 22,284 (County of Hawaii 1997 Data Book, Department of Research and Development), with approximately 138 acres in State and County parks in the Kailua to Kainalul area This equates to approximately six acres of park per thousand population and exceeds the five acres of park per thousand population standard established by the County for park needs As previously noted, based on prior lot sales at the adjacent Bayview Estates, the Project residents are expected to include a large portion of second home buyers and retirees As such, the number of children from the subdivision seeking parks and play fields in the area is expected to be small Given the relatively small size of the Project, the socio-economic make-up of the targeted buyers and abundance of recreational resources within the Keauhou Resort and surrounding area, additional measures to minimize potential adverse impacts to park and recreational facilities in the area do not appear to be warranted 2.2.3 Medical Services The nearest available public health facility is the State Department of Health's Kona Hospital at Kea]akekua, which is one of five licensed hospitals operating on the Big Island The community facility was established in 1975, and expanded in 1981 Presently there are 44 beds, 48 physicians, 119 RNs and LPNs, and a total of 294 employees Specialty services offered by Kona Hospital include medical, surgical, OB/GYN, ICU, emergency room, chemotherapy, and long -tens care Because of the limited size of the Project, it is not anticipated to add significantly to the demand for emergency or daily medical care services in the Kona area 2.2.4 Police and Fire Protection Services The main police station for North and South Kona is located in Captain Cook, and a substation is located in Kealakehe to serve the Kailua-Kona area Similarly, the Hawaii County Fire Department has a station in Kailua-Kona and one in Captain Cook The Kailua-Kona SECTION 2 Page 14 County Environmental Report Kamehameha Investment Corporation facility provides air, land, and sea rescue as well as fire and emergency medical response services The Captain Cook facility provides only fire and emergency medical response services Volunteer stations at Hualalai and Kona Village supplement the County facilities Additionally, the County has recently completed a fire station on a site dedicated by the Applicant at an acceptable site near the Keauhou Resort (intersection of Kuakim Highway and Pu`uloa Road ) Kona's existing police and fire protection services should adequately accommodate the slight increase in anticipated demand generated by the Project 2.2.5 Water System The Project will connect with the County's North Kona Water System, which among other areas, serves the Keauhou Resort area The Project currently has water commitments from the County Department of Water Supply adequate to meet the needs of the Project These were obtained, in part, in exchange for the applicant's contribution to the County of land for a well site south of Keauhou, in Ke'ei, through the applicant's parent company Kamehameha Schools/Bernice Pauahi Bishop Estate The County has since dug a well at the Ke'ei site, test pumped it and has put the well into production This source will supplement existing sources for the South Kona Water System, which, notably, are tied to the North Kona Water System The applicant has also developed three -water wells above Keauhou to supply future development needs in the vicinity Tests of the wells yielded superior results The wells have been capped and stand ready for use 2.2.6 Drainage There are no year-round streams, major drainage ways, or other surface water features on the property As stated previously, the area's predominant soil type is highly permeable and allows much of the rainfall to percolate into the ground, thus surface runoff is negligible The Project will increase surface runoff due to the impervious surface that accompanies residential developments The runoff from road pavements, sidewalks, driveways, and roofs will be controlled by storm drains and drywells as part of a county approved storm drainage system All Project generated runoff will be disposed of on site, so as not to impact makal properties SECTION 2 Page 15 County Environmental Report Kamehameha Investment Corporation 2.2.7 Sewerage System Keauhou's existing sewer system consists of gravity lines, force mains, pumping facilities, and a wastewater treatment plant (WWI?) near He'eia Bay The Project, which will connect to the existing sewer system, is expected to generate an average daily flow of approximately 0 019 million gallons per day (mgd), with a peak flow of 0 027 mgd The He'eia WWTP has been expanded to a capacity of 18 mgd The treatment facility can be further expanded to an ultimate size of 3 6 mgd Current usage at the WWTP is about 0 5 to 0 6 mgd which is slightly less than it was a few years ago when the hotels in Keauhou were operating at higher occupancy rates The expanded WWTP, which is maintained by a private utility company, is fully operational With the Project on line, the total usage at the facility would reach less than 50 percent of its expanded capacity 2.2.8 Solid Waste Disposal Homes within the Project will be a source of solid waste, which will be collected by commercial haulers and disposed of at the County landfill at Pu'uanahulu, North Kona Solid waste would be collected and disposed in compliance with all applicable Federal, State, and County rules and regulations Because the Project will not cause a change in the manner of collection and disposal, and because there is ample capacity at the County landfill to accommodate the projected waste generated from the Project, no adverse impacts are expected relative to solid waste disposal 2.2.9 Electrical, Telephone, and Cable Services Electrical Power Electrical power service would be provided by Hawaii Electric Light Company (HELCO) Given the limited size of the Project development and the utility's existing and projected reserve capacity, the projected power demands for the Project are not anticipated to have a significant impact on the utility's ability to meet the growing demand of the area The power lines for the proposed subdivision will connect with the existing lines in Bayview Estates They will be located underground and will meet HELCO's design and installation standards SECTION 2 Page 16 County Environmental Report Kamehameha Investment Corporation Coordination with the utility's engineers well in advance of development will ensure that the provisions of electrical power are integrated with planned utility system improvements to the area Telephone and Cable Service Hawaiian Telephone Company provides telephone and other telecommunication services to Keauhou, and the rest of the island As with electrical demand, given the limited size of the Project development and the utility's existing and projected capacity, the projected demands for telecommunications services for the Project are not anticipated to have a significant impact on the utility's ability to meet demand in the area Telephone lines for the Project will be installed underground from a connection along Kaluna Street 2.2.10 Vehicular Circulation/Traffic The mayor roadways serving Keauhou resort include Kuakim Highway, Kamehameha III Road, and Ali'i Drive All are directly connected with roadways serving Kailua-Kona The Kuakini Highway is a State right-of-way Access to the Project site is through Bayview Estates, via Kaluna Street, which connects with Alii Drive and Keali'i Street It is a fully improved 60 -foot wide right-of-way Based on a previous Traffic analysis Report for the Bayview Estates, Phase II development, its development was not expected to cause any significant impacts on traffic in the area Based on the findings of the previous data and analysis in the Traffic Analysis Report to the Proposed Bayview Estates, Phase II development, the additional traffic to be generated from the Project will not require any additional traffic related improvements or impacts Short-term negative impacts may occur during the construction of the subdivision roads and infrastructure Construction vehicles will slow area traffic while on the public roadways No closure or rerouting of existing public traffic lanes are anticipated SECTION 3 Page 17 County Environmental Report Kamehameha Investment Corporation 3.0 CONFORMANCE WITH STATE AND COUNTY PLANS 3.1 STATUTORY AUTHORITY FOR SUBMITTAL OF CONCURRENT APPLICATIONS AND APPLICATIONS FOR 15 ACRES OR LESS. Chapter 25 (Zoning Code), Article 2, Division 1, Section 25-2-9 (b)(Applications including lesser actions, concurrent applications) state that "Two or more applications involving the same building site or the same project requiring commission action may be considered concurrently, provided that the commission decision on each application shall be issued separately by the commission " Hawaii County Planning Commission Rule No 13 (State Land Use Boundary Amendment), Section 13-1 (Purpose and Authority) states "This rule governs State Land Use district boundary amendment procedures pursuant to authority conferred by Section 205-3 1 of the Hawaii Revised Statutes and Chapter 28 of the Hawaii County Code, which allow the County to amend State Land Use District boundaries for lands fifteen acres or less located in the State Land Use Urban, Rural, and Agricultural Districts " Section I3-8 (Consolidated Proceeding with Other Land Use Changes) states "A petition for a district boundary amendment may be submitted simultaneously with other land use changes and applicable permits for consolidated review and processing, including any hearings " 3.2 CHAPTER 205, HAWAII REVISED STATUTES (HRS) - LAND USE COM119SSION Currently, the Project site is designated within the "Agriculture" District by the State of Hawaii Land Use Commission To implement the Project, a district boundary amendment conforming to the State of Hawaii Land Use Commission Hawaii Administrative Rules, (Title 15, Subtitle 3, Chapter 15, Subchapter 8, Section 15-15-77(d) and Hawaii County Planning Commission Rule No 13 would need to be approved by the Hawaii County Council The applicant is submitting a State Land Use Boundary Amendment Petition for the approximately 990 acre portion of the 1 95 acre Property, concurrent with an application for Change of Zone The proposed boundary amendment must conform to the Commission's standards for SECTION 3 Page 18 County Environmental Report Kamehameha Investment Corporation determining Urban District boundanes as contained within Section 15-15-18 The standards are addressed as follows Standard One (1) It (the Urban District) shall include characterized by "city -like" concentrations of people, structures, streets, urban levels of services, and other related uses Response: The Project will be a complementary extension of an existing residential subdivision. Immediately adjacent will be the proposed Bayview Estates at Keauhou, Phase II subdivision. The Project will complement the proposed Bayview Estates, Phase II subdivision which is an integral component of the master -planned Keauhou Resort. These adjacent uses are "city -like' in concentration and the Project would expand this general characteristic. Standard Two (2) It (the Urban District) shall take into consideration the following specific factors Proximity to centers of trading and employment, except where the development would generate new centers of trading and employment Response: The Project would be integral to the trading and employment center of Keauhou Resort which includes a commercial shopping center, golf courses, residential developments, public service facilities, and two hotels. Substantiation of economic feasibility by the Petitioner Response: Kamehameha Investment Corporation has recorded strong lot sales within the existing Bayview Estates at Keauhou subdivision, and preliminary market analysis indicates a continued demand for a similar product with associated amenities. As an extension of an existing subdivision, the incremental costs for the Project, to extend the necessary infrastructure are low when compared to other isolated projects of similar scale, which further substantiates the economic feasibility of the Project. Proximity to basic services, such as sewers, water, sanitation, schools, parks and police and fire protection SECTION 3 Page 19 Fog Countv Environmental Report Kamehameha Investment Corporation Response: The Project would complement the existing Bayview Estates at Keauhou and the proposed Bayview Estates at Keauhou, Phase H and thus be an integral component of the surrounding Keauhou Resort. As such it is in close proximity to the necessary supporting infrastructure and public services. 4 Sufficient reserve areas for urban growth and appropriate locations based on a ten (10) year projection Response: The Project is located in an appropriate location for urban growth, as indicated on the County's General Plan and the Kona Regional Plan, which designate the Project area and surrounding lands as being appropriate areas for urban expansion and residential use, respectively. The Project site is contiguous to existing urban areas and is located in proximity to major transportation corridors. Furthermore, the Project is consistent with the master -planned Keauhou Resort area, which includes reserve areas for urban growth based on a ten-year projection. Standard Three (3) Lands included (within the Urban District) shall be those with satisfactory topography and drainage, and reasonably free from danger of floods, tsunamis, unstable soil conditions, and other adverse environmental effects Response: Having an overall slope of less than ten percent, the topography of the Project area is well suited for urban development. There is no evidence of significant natural drainage features within the site and the Flood Insurance Rate Map (FIRM) indicates the entire Project area to be outside the area of the 500 -year flood plain. Additionally, the U.S. Geological Survey indicates that the Project site, similar to the entire Kailua-Kona area, to be within the volcanic and seismic hazard Zone 4, indicating a relatively low exposure to volcanic and seismic hazards. Standard Four (4) In determining urban growth for the next ten (10) years or in amending the boundaries, lands contiguous with existing urban areas shall be given more consideration than SECTION 3 Page 20 County Environmental Report Namehameha Investment Corporation noncontiguous lands, and particularly when indicated for future urban use on the County General Plan Response: The petition area is contiguous to existing urban areas and are indicated for urban expansion development on the County General Plan and, therefore, merit more consideration than noncontiguous lands. Standard Five (5) It should include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth, as shown on the State and County General Plans Response: The Project is consistent with the State of Hawaii West Hawaii Regional Plan (1989) which encourages the clustering of resorts in designated resort nodes including the Kailua-Kona to Kesuhou area. Additionally, the County General Plan designates the area for urban expansion. The site is also adjacent to existing urbanized parcels to the north and west Standard Seven (7) It shall not include lands, the urbanization of which will contribute to scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services Response: As stated in the response to Standard 4, the petition area is contiguous with the existing urban area. Infrastructure including water and utility (electrical, telephone, and cable) lines are already present in the existing Bayview Estates at Keauhou Subdivision and will extend to the Proposed Bayview Estates at Keauhou, Phase 11 Subdivision area boundary including the Project. 3.3 HAWAII STATE PLAN The Hawaii State Plan, as set forth in Chapter 226, Hawaii Revised Statutes, consists of a series of long-range, comprehensive plans, goals and policies which serve as a guide for the growth and future long-range development of the State Amendments to the Land Use District Boundary must be consistent with these plans and policies The goals of the Hawaii State Plan and their relationship to the Project are as follows SECTION 3 Page 21 rte. Counn+ Environmental Report %amehameha Investment Corporation Goal A strong, viable economy characterized by stability, diversity, and growth that enable the fulfillment of the needs and expectations of Hawaii's present and future generations Goal A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well bing of the people Goal Physical, social and economic well being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life Response: The Project would contribute to the attainment of the three goals in that the Project would expand the availability of residential products available to Hawaii residents and would contribute to the stability, diversity and growth of the local and regional economies. More specifically, the Project would provide housing opportunities in a planned setting wherein the design, operation, maintenance and provisions for environmental protection can be effectively, efficiently and economically controlled; and would provide these opportunities close to existing and planned developments that activities would be within the Project area are not a nuisance to the existing nearby residential communities or other related activities. Further, by providing residential opportunities within a planned setting with nearby opportunities for employment, recreation and access to community services, the Project would encourage a sense of community responsibility and participation in family life. 3.4 CHAPTER 343, HRS, ENVIRONMENTAL IMPACT STATEMENT REGULATIONS An Environmental Impact Statement (EIS), as defined by Chapter 343, HRS and by the State Environmental Quality Commission Rules and Regulations, is not required for the use as none of the applicable actions delineated in Chapter 343, Section 5, HRS, apply to the Project SECTION 3 Page 22 County Environmental Report Kamehameha Investment Corporation This County Environmental Report, however, has been prepared to address the environmental and technical considerations of the Project 3.5 HAWAII COUNTY GENERAL PLAN The Hawaii County General Plan is the County's comprehensive land use policy for guiding long-range development on the Island of Hawaii It specifies goals, policies, and standards of development for the most desirable land uses on the island The General Plan's associated Land Use Pattern Allocation Guide (LUPAG) Map designates the general allocation of the various desired land uses, such as urban, residential, recreational, agricultural, resort commercial and industrial Keauhou is identified by the General Plan as a major resort in Kona and, as such, allows for basic visitor-onented development and support facilities. The General Plan states that within designated resorts, portions of their land may be included in the Urban Expansion designation This designation allows for a mix of high density, medium density, low density, industrial and/or open space uses for areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined The Project site is located within the Urban Expansion area of Keauhou As a low- density residential use, the Project is consistent with this designation and with the overall land use policies of the County General Plan for resort development The following is a discussion of the Project's consistency with the specific goals, policies, and courses of action of the General Plan that are relevant to the Project Economic Goal • Provide residents with opportunities to improve their quality of life. Discussion: The Project will provide short-term construction -related job opportunities. Property, income, excise and other taxes will be generated, resulting in an increase in State and County revenues which in turn can be used to provide needed public services and facilities. Additionally, the Project will provide SECTION 3 Page 23 Countv Environmental Report Xamehgmeha Investment Corporation new housing opportunities for residents in a well planned and secure neighborhood environment. Environmental Quality Goal Maintain and, iffeasible, improve the existing environmental quality of the island Discussion: The Project will not result in any significant adverse effect on the environment Those potential short-term adverse effects on the surrounding area associated with construction activities, such as, potential noise, air quality, or drainage impacts, would be reduced or eliminated through the implementation of appropriate mitigative measures as detailed in this report. Flood Control and Drainage Goals Conserve scenic and natural resources. Prevent damage to man-made improvements Reduce surface runoff and sediment runoff. Policy • All development -generated runoff shall be disposed of in a manner acceptable to the Department of Public Works Discussion: The Project is a low -profile development that will not affect scenic view planes in the area. It is not located within any flood way or flood plain. Surface water runoff and sedimentation will be minimized by methods approved by the Department of Public Works. A County approved erosion and sedimentation control plan will be implemented in conjunction with all grading activity. Historic Sites Goal Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii SECTION 3 Page 24 i County Environmental Report Kamehameha Investment Corporation Discussion: An archaeological inventory survey with Subsurface Testing Report of the property was conducted by Archaeological Consultants of the Pacific, Inc. dated July, 2000. A copy of the inventory survey report is included as Exhibit D in this report. It is important to note that the area being requested for the State Land Use Boundary District Amendment, the Change of Zone and Special Management Area applications does not include the area where the 2 significant sites are located on the Property. The 2 significant sites described in the Inventory Survey are located in the mauka portion of the Property. The area of the Property requested for inclusion to the proposed Bayview Estates at Keauhou, Phase H subdivision, is the area makai of these 2 significant sites and is separated by an existing low rock wall. The Applicant recognizes the significance of these burials and in the Burial Treatment Plan to be reviewed by the Hawaii Island Burial Council, the Applicant is requesting the burials be preserved in place. The inventory survey states that "Two sites of significance to the interests of historic preservation, Sites 22078 and 14652, were present on the current subject property. Site 22078 consisted of twenty-nine features. Based upon investigations conducted at these features, it is believed that they were utilized for historic and possible pre -Contact habitation, historic burial, and agricultural functions which likely continued from the pre -Contact period through the post -Contact period. This site qualifies to be considered significant under Criterion D (site has yielded, or is likely to yield, information important in prehistory or history) of the National Register of Historic Places criteria and Criterion E (site has cultural significance) of the Hawaii Register of Historic Places criteria. A portion of the Site 14652, an historic wall network originally recorded by Jones etal. (1993), extended onto the subject property. Significance assessments were previously made by Sweeney and Burtchard (1995) for this site, wherein the site qualified to be SECTION 3 Page 25 - County Environmental Report Xamehameha Investment Corporation considered significant under Criterion A (site associated with events contributing to broad patterns in history) and D. Archaeological Consultants of the Pacific, Inc. recommends that a determination be made that future construction activities would have an "adverse effect" on significant historic properties at Site 22078 and 14652 under the Advisory Council Regulations, 36 CFR 800. Data Recovery and a Burial Treatment Plan is recommended for site 22078. Based on the above information, potential impacts to the historical and archaeological resources of the Project area will be mitigated by the developer according to the approved recommendations of the consulting archaeologist, in consultation with DLNR-HPD. The Archaeological Inventory Survey with Subsurface Testing Report was submitted on July 27, 2000 to the Department of Land and Natural Resources, Historic Preservation Division for their review. In addition, a Burial Treatment Plan for the Proposed Bayview Phase II subdivision including the "Property" was prepared by Archaeological Consultants of the Pacific, Inc. and completed on August ,2000. The Burial Treatment Plan has been submitted to the Department of Land and Natural Resources, State Historic Preservation Division, Burials Program for their review and approval. The Applicant has requested placement of this plan on the Hawaii Island Burial Council meeting as soon as possible. The proposed Preservation methods section of the plan states "In summary, there are six, identified, individuals buried on the subject property. One contained within Site 22708, Feature 9, and the other five in Site 19651, three individuals in Feature 8 of this site and two individuals contained in Feature 7. It is important to note that the Burial Treatment Plan submitted to the Department of Land and Natural Resources, Burials Program is for the six burials, and only one is located within the Property. This mauka portion of the Property is not included as SECTION 3 Page 26 County Environmental Report Kamehameha Investment Corporation part of the Applicant's land use application requests. However, the Burial Treatment Plan is presented with the lands for the proposed Bayview Estates at Keahou, Phase 11, subdivision to present an overall presentation of the archeological features on all 3 parcels. As mentioned earlier, it is the wish of Kamehameha Investment Corporation to preserve all these individuals in place. In order to achieve this end, several components are necessary to the process. To begin, notices of burial discovery were placed in three newspapers. The Honolulu Advertiser/Star Bulletin (legal ad). West Hawaii Today and Ka Wai Ola o Oha. There were a number of respondents to these ads and other calls for lineal descendants including Ms. Lily Kong, Ms. Beverly /Amaral, Ms. Kawehi Kanui, Anne Kanui, Maxine Ching and Mr. Moses Iokua. The Department of Land and Natural Resources, Burials program is responsible for the verification of descendants claims. Next, prior to any construction activities, a conference shall take place between the archaeologist and the construction foreman. In this meeting the nature of the preserved sites must be discussed and temporary buffer zones will be established in order to acquaint all parties with the importance of the sites and establish the limits of grubbing and grading. A temporary, high visibility fence shall be constructed and flagged around the three features that contain human osteological material; this temporary buffer zone shall measure 70 feet in all directions from the features in question. Once the grubbing and grading activities are completed, the temporary fence will be replaced by the construction of low dry masonry, low stone walls that will define the limits of the permanent buffer zone at 25 feet in all directions from the features in question. The rock material used in these constructions will be obtained from existing rock walls on the property. There will be no future excavations within these permanent zones. The interior of the preserved area within the permanent buffer zones shall be managed and maintained by SECTION 3 Page 27 County Environmental Report Kamehameha Investment Corporation the current landowner or their responsible successors. Non -indigenous plants shall be removed from the preserved area and replaced with native species. Finally, access to the preservation areas for lineal and cultural descendants shall be facilitated through the current landowners or their responsible successors. The Applicant will comply with all conditions of the Hawaii Island Burial Council review and requirements." Based on the above information, potential impacts to the historical and archaeological resources of the Project area will be mitigated by the developer according to the approved recommendations of the consulting archaeologist, in consultation with DLNR-HPD. The Archaeological Inventory Survey with Subsurface Testing Report was submitted on July 27, 2000 and the Burial Treatment Plan for the Property was submitted on August 7, 2000 to the Department of Land and Natural Resources, Historic Preservation Division and Burials Program office for their review and placement on the agenda for the Hawaii Island Burial Council. The Applicant will be required to implement the DLNR State Historic Preservation Division and Hawaii Island Burial Council requirements and required mitigation measures to minimize potential impacts to these archaeological sites, including preservation, further data recovery, historical research, or protection, where appropriate. Natural Beautv Goals Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. protect scenic vistas and view planes from becoming obstructed Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Discussion: Scenic view planes toward the shoreline will not be obstructed by the subdivision. The Project is located approximately 2,000 feet makai of the SECTION 3 Page 28 r County Environmental Report Kamehameha Investment Corporation Kuakini Highway and will not impede the views of motorists traveling along the State right-of-way. Notably, existing topography and vegetation shield the subdivision from the highway. From the shoreline (approximately 1,900 feet distant), the Project will be visible, but indistinguishable, as part of the larger regional view of the Keauhou mauka lands. Natural Resources and Shoreline Goals • Protect and conserve the natural resources of the County ofHawan from undue exploitation, encroachment and damage • Provide opportunities for the public to fulfill recreational, economic, and educational needs without despoiling or endangering natural resources • Protect and promote the prudent use of Hawan 's unique, fragile and significant environmental and natural resources • Ensure that alterations to existing land forms and vegetation, except crops and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event ofan earthquake Policies The shoreline of the island of Hawan shall be maintained for recreational, education, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. The shoreline shall be protected from the encroachment of man-made improvements and structures Discussion: The Project is located approximately 1,900 feet from the ocean and is not anticipated to have any direct adverse impact on the shoreline resources. The overall Keauhou Resort, however, does provide beneficial recreational opportunities, such as beach parks and public shoreline accesses for the general public. SECTION 3 Page 29 County Environmental Report Kamehameha Investment Corporation BousinLl Goals Attain safe, sanitary and livable housingfor the residents of the County ofHawan Maintain a housing supply which allows a variety of choice. Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people Discussion: As stated previously, the Project is intended to replenish the existing inventory of residential lots in Keauhou. This will allow the market to have a continued as well as diverse supply of quality resort residential units. The Project will be constructed in accordance with the standards and requirements of the Department of Public Works. Public Utilities Goal To have public utility facilities which are designed to fit into their surroundings or concealed from public view. Policies • Asystematic program by the County, State and private interests shall idents sources of additional water supply to ensure the development of sufficient quantities of water for future needs of high growth areas. • All water systems shall be designed and built to Department of Water Supply standards • Power distribution shall be placed underground when and where feasible The County shall encourage developers of new urban areas to place utilities underground. • Private wastewater treatment systems shall be installed by land developers for major resort and other developments along shorelines and sensitive higher inland areas, except where connection to nearby treatment facilities is feasible and compatible with the County's long-range plans, and in conformance with state and county requirements Discussion: All utilities for the Project will be installed underground and constructed in accordance with State and County design standards and requirements. A SECTION 3 Page 30 r County Environmental Report Kamehameha Investment Corporation Recreation Goals Policy private treatment system currently serves the Keauhou Resort area and has sufficient existing capacity to service the planned expansion of Bayview Estates, Phase II at Keauhou, including this Project as well as other resort projects under development. Provide a wide variety of recreational opportunities for the residents and visitors of the County Maintain the natural beauty of recreation areas. Provide a diversity of environments for active and passive pursuits. Pubhc access to the shoreline shall be provided in accordance with an adopted program of the County of Hawaii Discussion: The Project does not contain recreational facilities within the subdivision. The Keauhou Resort, however, offers recreational opportunities such as golf, boating, and beach activities, that are available to its guests, visitors and Hawaii Island residents. All of the recreational facilities within Keauhou have been developed to maintain the natural beauty of the area. All new projects within the resort include, to some extent, beach or shoreline accesses for public use. Land Use Goals To maximize choices of single family residential lots and/or housing for residents of the County To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers SECTION 3 Page 31 County Environmental Report Kamehameha Investment Corporation Discussion: The Project is one of several residential projects that will help to replenish the existing inventory of house lots in Keauhou, thus providing a continued choice of residential units in the area. The Keauhou Resort is a major visitor destination area that has been carefully planned and programmed as a quality resort and residential community consisting of public and private services, shopping centers, and community facilities. 3.6 KONA REGIONAL PLAN The goals and policies within the Kona Regional Plan support the goals and policies listed in the County General Plan, encouraging the attainment of safe, sanitary and livable housing for the residents of the County of Hawaii The Project is in concert with the Kona Regional Plan, which designates the Project site and surrounding lands for residential uses This is consistent with the RS -15 zoning classification being sought 3.7 COUNTY ZONING The Hawaii County Zoning Map for the North Kona District designates the Project site as Agricultural 5 -acre (A -5a) A change of zone from Agricultural 5 -acre (A-5 a) to Single Family Residential - 15,000 s f (RS -15) will be required to allow the development of single-family residential lots with a minimum size of 15,000 sq ft Approval of a Change of Zone Application for the Project, supported by the County Environmental Report, will be required to allow the Project 3.8 SPECIAL MANAGEMENT AREA The Property is within the County's Special Management Area (SMA) and a Special Management Area Use Permit Application is being made as a concurrent submittal with the State Land Use Boundary District Amendment and Change of Zone applications 3.9 PROPOSED ACTIONS IN RELATION TO THE OBJECTIVES AND POLICIES AS PROVIDED BY CHAPTER 205A-2, HRS AND THE COUNTY SPECIAL MANAGEMENT AREA (SMA) GUIDELINES SECTION 3 Page 32 .-N County Environmental Report %amehameha Investment Corporation The Project is located within the Special Management Area and is, therefore, subject to the SMA Rules and Regulations of the County of Hawaii This environmental report has been prepared in support of an SMA Use Permit Petition for the Project The following addresses the Project's relation to the objectives and policies of Chapter 205A related to Coastal Zone Management and the SMA guidelines as contained within Rule 9 of the County of Hawaii Planning Commission Rules and Regulations Recreational Resources Objectives Provide coastal recreational opportunities accessible to the public. Policies Improve coordination and funding of coastal recreational planning and management Provide adequate, accessible and diverse recreational opportunities in the coastal zone management area Discussion: The Project is more than 1,900 feet from the shoreline and is not directly tied to the recreational resources of the coastal area. The Keauhou Resort, however, is a master planned development in which recreational opportunities, such as a beach park, golf course, boat ramp and recreational pier are provided and are accessible to the public. Historic Resources Objective Protect, preserve and, where desirable, restore those natural and man made historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. Policies Identify and analyze significant archaeological resources Maximize information retention through preservation of remains and artifacts or salvage operations SECTION 3 Page 33 County Environmental Report Kamehameha Investment Corporation Support state goals for protection, restoration, interpretation and display of historic resources Discussion: An archaeological inventory survey with Subsurface Testing Report of the property was conducted by Archaeological Consultants of the Pacific, Inc. dated July, 2000. A copy of the inventory survey report is included as Exhibit D in this report. It is important to note that the area being requested for the State Land Use Boundary District Amendment, the Change of Zone and Special Management Area applications does not include the area where the 2 significant sites are located on the Property. The 2 significant sites described in the Inventory Survey are located in the mauka portion of the Property. The area of the Property requested for inclusion to the proposed Bayview Estates at Keauhou, Phase U subdivision, is the area makai of the of these 2 significant sites and is separated by an existing low rock wall. The Applicant recognizes the significance of these burials and in the Burial Treatment Plan to be reviewed by the Hawaii Island Burial Council, the Applicant is requesting the burials be preserved in place. The inventory survey states that "Two sites of significance to the interests of historic preservation, Sites 22078 and 14652, were present on the current subject property. Site 22078 consisted of twenty-nine features. Based upon investigations conducted at these features, it is believed that they were utilized for historic and possible pre -Contact habitation, historic burial, and agricultural functions which likely continued from the pre -Contact period through the post -Contact period. This site qualifies to be considered significant under Criterion D (site has yielded, or is likely to yield, information important in prehistory or history) of the National Register of Historic Places criteria and Criterion E (site has cultural significance) of the Hawaii Register of Historic Places criteria. A portion of the Site 14652, an historic wall network originally recorded by Jones etal. (1993), extended onto SECTION 3 Page 34 .-. County Environmental Report Kamehameha Investment Corporation the subject property. Significance assessments were previously made by Sweeney and Burtchard (1995) for this site, wherein the site qualified to be considered significant under Criterion A (site associated with events contributing to broad patterns in history) and D. Archaeological Consultants of the Pacific, Inc. recommends that a determination be made that future construction activities would have an "adverse effect" on significant historic properties at Site 22078 and 14652 under the Advisory Council Regulations, 36 CFR 800. Data Recovery and a Burial Treatment Plan is recommended for site 22078. Based on the above information, potential impacts to the historical and archaeological resources of the Project area will be mitigated by the developer according to the approved recommendations of the consulting archaeologist, in consultation with DLNR-HPD. The Archaeological Inventory Survey with Subsurface Testing Report was submitted on July 27, 2000 to the Department of Land and Natural Resources, Historic Preservation Division for their review. In addition, a Burial Treatment Plan for the Proposed Bayview Phase II subdivision including the "Property" was prepared Archaeological Consultants of the Pacific, Inc. and completed on August,2000. The Burial Treatment Plan has been submitted to the Department of Land and Natural Resources, State Historic Preservation Division, Burials Program for their review and approval. The Applicant has requested placement of this plan on the Hawaii Island Burial Council meeting as soon as possible. The proposed Preservation methods section of the plan states "In summary, there are six, identified, individuals buried on the subject property. One contained within Site 22708, Feature 9, and the other five in Site 19651, three individuals in Feature 8 of this site and two individuals contained in Feature 7. It is important to note that the Burial Treatment Plan submitted to the Department of Land and Natural SECTION 3 Page 35 County Environmental Report Kamehameha Investment Corporation Resources, Burials Program is for the six burials, and only one is located within the Property. This mauka portion of the Property is not included as part of the Applicant's land use application requests. However, the Burial Treatment Plan is presented with the lands for the proposed Bayview Estates at Keahou, Phase II, subdivision to present an overall presentation of the archeological features on all 3 parcels. As mentioned earlier, it is the wish of Kamehameha Investment Corporation to preserve all these individuals in place. In order to achieve this end, several components are necessary to the process. To begin, notices of burial discovery were placed in three newspapers. The Honolulu Advertiser/Star Bulletin (legal ad). West Hawaii Today and Ka Wai Ola o Oha. There were a number of respondents to these ads and other calls for lineal descendants including Ms. Lily Kong, Ms. Beverly /Amaral, Ms. Kawehi Kanui, Anne Kanui, Maxine Ching and Mr. Moses Iokua. The Department of Land and Natural Resources, Burials program is responsible for the verification of descendants claims. Next, prior to any construction activities, a conference shall take place between the archaeologist and the construction foreman. In this meeting the nature of the preserved sites must be discussed and temporary buffer zones will be established in order to acquaint all parties with the importance of the sites and establish the limits of grubbing and grading. A temporary, high visibility fence shall be constructed and flagged around the three features that contain human osteological material; this temporary buffer zone shall measure 70 feet in all directions from the features in question. Once the grubbing and grading activities are completed, the temporary fence will be replaced by the construction of low dry masonry, low stone walls that will define the limits of the permanent buffer zone at 25 feet in all directions from the features in question. The rock material used in these constructions will be obtained from existing rock walls on the property. There will be no future SECTION 3 Page 36 Count, Environmental Report %amehameha Investment Corporation excavations within these permanent zones. The interior of the preserved area within the permanent buffer zones shall be managed and maintained by the current landowner or their responsible successors. Non -indigenous plants shall be removed from the preserved area and replaced with native species. Finally, access to the preservation areas for lineal and cultural descendants shall be facilitated through the current landowners or their responsible successors. The Applicant will comply with all conditions of the Hawaii Island Burial Council review and requirements." Based on the above information, potential impacts to the historical and archaeological resources of the Project area will be mitigated by the developer according to the approved recommendations of the consulting archaeologist, in consultation with DLNR-HPD. The Archaeological Inventory Survey with Subsurface Testing Report was submitted on July 27, 2000 and the Burial Treatment Plan for the Property was submitted on August 7, 2000 to the Department of Land and Natural Resources, Historic Preservation Division and Burials Program office for their review and placement on the agenda for the Hawaii Island Burial Council. The Applicant will be required to implement the DLNR State Historic Preservation Division and Hawaii Island Burial Council requirements and required mitigation measures to minimize potential impacts to these archaeological sites, including preservation, further data recovery, historical research, or protection, where appropriate. Scenic and Open Space Resources Objective Protect preserve and where desirable, restore or improve the quality of coastal scenic and open space resources Policies Identify valued scenic resources in the coastal zone management area SECTION 3 Page 37 County Environmental Report Kamehameha Investment Corporation Ensure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural land forms and existing public views to and along the shoreline Preserve, maintain and, where desirable, improve and restore shoreline open space and scenic resources Encourage those developments which are not coastal dependent to locate in inland areas Discussion: The Project will not impact coastal scenic and open space resources. The Project site is located approximately 1,900 feet from the shoreline and over 2,000 feet from the Kuakini Highway, the nearest major thoroughfare, and, as such, will have little or no impact on views to and along the shoreline. Grading will involve the use of a series of terraces for the lots which will be planned in reference to the existing topography and designed to minimize the necessary alteration to the natural land forms. Coastal Ecosystem Objective Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems Policies • Improve the technical basis for natural resource management • Preserve valuable coastal ecosystems of significant biological or economic importance • 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 • Promote water quantity and qualityplanning and management practices which reflect the tolerance offresh water and marine ecosystems and prohibits land and water uses which violate state water quality standards Discussion: The Project is located at approximately the 700 foot elevation and is significantly inland from the coastal ecosystems of the shoreline. The Project SECTION 3 Page 38 County Environmental Report Kamehameha Investment Corporation is not anticipated to have any direct effect on groundwater or marine coastal waters. Economic Use Objectives Provide public or private facilities and improvements important to the State's economy in suitable locations Policies Concentrate in appropriate areas the location of coastal dependent development necessary to the State's economy • Ensure that coastal dependent development such as harbors and ports, 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 Discussion: The Project will complement the master planned resort which is visitor - oriented and coastal dependent. As a tourism destination area, it is part of the largest industry in the state and therefore important to the island's economy. Coastal Flazards Objective Reduce hazards to life and propertyfrom tsunami, storm waves, stream flooding, erosion and subsidence Policies Develop and communicate adequate information on storm wave, tsunami, flood, erosion and subsidence hazard Ensure that developments comply with requirements of the Federal Flood Insurance Program Prevent coastal flooding from inland projects SECTION 3 Page 39 r� .-. County Environmental Report Xamehameha Investment Corporation Discussion: The Project is approximately 1,900 feet from the coast, and no coastal flood ways affect the property. The Project is not subject to tsunami, ocean wave erosion, or subsidence. Managing Development Objectives Improve the development review process, communication, and public participation in the management of coastal resources and hazards Policies Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development. Facilitate timely processing of application for development permits and resolve overlapping or conflictingpermit requirements, and Communicate the potential short and long term -impacts of proposed significant coastal developments early in their life -cycle and in terms understandable to the general public to facilitate public participation in the planning and review process Discussion: The Project development involves the concurrent submittal of a State Land Use Boundary Amendment from "Agricultural" to "Urban" zone district, a Change of Zone application of the zoning from an Agricultural 5 -acre to a Single Family Residential 15,000 square foot zone district, and a Special Management Area Use Permit. These concurrent applications will facilitate the timely processing of the application for the development permits. In addition, the concurrent processing of the 3 applications will allow the public to participate, view and evaluate the subdivision development from 3 different perspectives in the land use development permitting process. The concurrent processing of applications also communicates the impacts of the subdivision development in a manner which seeks to facilitate public participation in the planning and review process. In addition, the applicant is required to notify the surrounding property owners within 500 feet of the SECTION 3 Page 40 .-. County Environmental Report Xamehameha Investment Corporation perimeter of the Property as required by the Zoning Code, Planning Commission Rule No. 13 (State Land Use District Boundary Amendment) and Planning Commission Rule No. 9 (Special Management Area) public notification requirements. The Applicant is required to serve a "First Notice" to the surrounding property owners of the subdivision at the time the 3 applications are submitted to the Planning Department and Planning Commission. The "First Notice" informs the surrounding property owners the opportunity to participate in the evaluation and review process of the Applicant's request in the 3 applications. The public participation process also includes the Contested Case Hearing process. As such, the public's participation begins as soon as the 3 applications for the subdivision development are submitted. The public is able to submit their comments, provide information to the Planning Director, the Planning Department staff as well as having open access to the information and material contained in the 3 applications prior to the scheduling of a public hearing by the Planning Commission. While the County Planning Commission is the decision making authority on the Special Management Area Use permit Application, the County Council is the decision making authority in the review and evaluation of the Change of Zone and State Land Use Boundary amendment applications. These above referenced public forums improves the development review process, communication and public participation in the management of coastal resources and hazards. Public Participation Objective Stimulate public awareness, education, and participation in coastal management. Policies Maintain a public advisory body to identify coastal management problems, and to provide pohcy advice and assistance to the coastal management program, SECTION 3 Page 41 County Environmental Report Kamehameha Investment Corporation 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 -related issues, developments, and government activities, Discussion: The County of Hawaii Planning Commission must hold public hearings on the Applicant's 3 land use applications. At the public hearings, the public is free to participate in this open hearing format and to provide information to the Planning Commission prior to the Commission's decision. The Planning Commission public hearing and if required, the Contested Case Hearing Process provides the vehicle for stimulating public awareness, education of the process and the impact of the subdivision development and more importantly participation in the coastal management decision making process. The County Council who is the final authority on the State Land Use District Boundary Amendment and Change of Zone Applications also have these applications placed on their Committee and full Council Hearings where the public has an opportunity to provide comments and their input on the 2 applications to be decided on by the County Council. Beach Protection: Objectives Protect beaches for public use and recreation Policies Locate new structures inland from the shoreline setback to conserve open space and to minimize loss of improvements due to erosion, Prohibit construction ofprivaie erosion 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 Minimize the construction of pubhc erosion protection structures seaward of the shoreline SECTION 3 Page 42 County Environmental Report Kamehameha Investment Corporation Discussion: The Project is approximately 1,900 feet from the coast, and will not affect any public beaches for public use and recreation. There will be no structures near the shoreline which would cause any erosion activities and or interfere with existing recreational and waterline activities. Marine Resources: Objectives Implement the State's ocean resources management plan Policies • Exercise an overall conservation ethic, and practice stewardship in the protection, use and development of marine and coastal resources, • Assure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial, • Coordinate the management of marine and coastal resources and activities management to improve effectiveness and efficiency, • 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, • 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 • Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources Discussion: The Project is approximately 1,900 feet from the coast, and will not affect any use and development of marine and coastal resources. 3.10 SPECIAL MANAGEMENT AREA GUIDELINES The Project is consistent with the County of Hawaii Special Management Area (SMA) guidelines pursuant to Hawaii Revised Statutes, Chapter 205-A-26, as amended SECTION 3 Page 43 1-. County Environmental Report Kamehameha Investment Corporation Chapter 205A-16, HRS, Section 1 states that "All development in the special management area shall be subject to reasonable terms and conditions set by the Authority in order to ensure: if (A) Adequate access, by dedication or other means, to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles Discussion: The Project is approximately 1,900 feet from the coast. The Property is not connected to any coastline areas that would require access to any beaches, recreation areas and natural reserves. (B) Adequate and properly located public recreation areas and wildlife preserves are reserved Discussion: The Project is approximately 1,900 feet from the coast. The Property is not connected to any coastline areas that would require access to any public recreation areas or wildlife preserves. (C) Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon Special Management Area resources. Discussion: Keauhou's existing sewer system consists of gravity lines, force mains, pumping facilities, and a wastewater treatment plan (WWTP) near He`eia Bay. The Project, which will connect to the existing sewer system, is expected to generate an average daily flow of approximately 0.019 million gallons per day (mgd), with a peak flow of 0.027 mgd. The He`eia WWTP has been expanded to a capacity of 1.8 mgd. The treatment facility can be further expanded to an ultimate size of 3.6 mgd. Current usage at the WWTP is about 0.5 to 0.6 mgd which is slightly less than it was a few years ago when the hotels in Keauhou were operating at higher occupancy rates. The expanded WWTP, which is maintained by a private utility company, is fully operational. With the subdivision on line, the total usage at the facility would reach less than 50 percent of its expanded capacity. Homes within the SECTION 3 Page 44 r� ,�1 County Environmental Report Kamehameha Investment Corporation subdivision will be a source of solid waste, which will be collected by commercial haulers and disposed of at the County landfill at Pu`unnahulu, North Kona. Solid waste would be collected and disposed in compliance with all applicable Federal, State, and County rules and regulations. The Project will not cause a change in the manner of collection and disposal because there is ample capacity at the County landfill to accommodate the projected waste generated from the Project, as such, no adverse impacts are expected relative to solid waste disposal. (D) Alterations to existing land forms and vegetation, except crops and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger offloods, wind damage, storm surge, landslides, erosion, siltation, or failure in the event of earthquake. Discussion: The Project will contain only single family residences. The maximum height limit in the Single Family Residential zone district is 35 feet. The Project is approximately 1,900 feet from the coast. It is separated from the coast by existing residential, commercial, recreational open spaces and Alii Highway. It is not tied directly with the recreational resources of the coastal areas. Furthermore, the view planes to and along the shoreline towards the property will not be adversely impacted as the lands in the immediate area are developed with existing single family and multiple family residential development. The Project will also conform to the Uniform Building, Plumbing and Electrical Codes. Based on these requirements, the Project shall cause minimum or no adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, wind damage, storm surge, landslides, erosion, siltation, or failure in the event of earthquake. Chapter 205A-16, HRS, Section 2 states that "No development shall be approved unless the Authority or the Director has first found " SECTION 3 Page 45 r Countv Environmental Report Kamehameha Investment Corporation (A) The development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest Such adverse effect shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect and the elimination of planning options Discussion: The Project will not have any substantial adverse environmental or ecological effect, and mitigating measures will be employed, wherever possible to reduce or lessen any adverse environmental impacts as described earlier in this environmental report. There are also compelling public interest factors that would be provided by the Project. The Project does not involve the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and it does not significantly curtail other planning options; especially with regards to coastal resources. (B) The development is consistent with the objectives and policies and Special Management Area guidelines of this chapter and any guidelines enacted by the legislature: and Discussion: The Project is consistent with the public policies of the County of Hawaii, including the Hawaii County General Plan, Kona Regional Plan, and objectives and policies as provided by Chapter 205A, Hawaii Revised Statutes. The development of the Project will not interfere with any existing or planned public accesses to the shoreline. Provisions will be made in accordance with the State and County rules and regulations for solid and liquid waste treatment and disposition. Vegetation will be removed and replaced with residential landscaping that is common to the area. Water resources, scenic and recreational resources will not be adversely impacted. (C) The development is consistent with the General Plan, zoning and subdivision codes, and other applicable ordinances SECTION 3 Page 46 1 County Environmental Report %amehameha Investment Corporation Discussion: There is adequate access from the Project to public beaches, recreation areas and natural reserves. There are adequate and properly located public recreation areas relative to the subject property. Wildlife preserves will not be affected by the Project. There are adequate provisions for solid and liquid waste treatment, disposition, and management for the Project that will minimize adverse effects upon Special Management Area resources. Alterations to existing land forms and vegetation will have no measurable effect on water resources and scenic and recreational amenities; the Project is not located in any area prone to flooding, landslides, erosion, siltation or failure in the event of an earthquake and thus, will not increase the danger or risk to human life. Erosion and siltation will be dealt with by erosion control and other mitigating measures approved by the Chief Engineer of the County of Hawaii. Adverse environmental or ecological impacts will be minimized to the extent practicable, as shown previously in this environmental report. The applicant will comply with the requirements of the Zoning and Subdivision Codes relative to the Project. The Project will comply with the County of Hawaii's Uniform Building, Plumbing and Electrical Codes. The Project is also consistent with the goals, policies and standards of the General Plan, as detailed above. Chapter 105A-16, HRS, Section 3 states that "TheAuthority shall seek to minimize, where reasonable: " (A) Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough, or lagoon Discussion: The Project does not involve any dredging, filling, or other alteration of any bay, estuary, salt marsh, river mouth, slough or lagoon. (B) Any development which would reduce the size of any beach or other area usable for public recreation SECTION 3 Page 47 County Environmental Report Samehameha Investment Corporation Discussion: The Project does not involve any development that would reduce the size of any beach or other area usable for public recreation. (C) Any development which would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions of rivers and streams within the Special Management Area and the mean high tide line where there is no beach; Discussion: The Project does not involve any development that would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, and portions of rivers and streams within the Special Management Area and the mean high tide line where there is no beach. (D) Any development which would substantially interfere with or detract from the line of sight toward the sea from the State Highway nearest the coast; and Discussion: The Project does not involve any development that would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast or from other scenic areas identified in the County General Plan. (E) Any development which would adversely affect water guahi% existing areas of open water free of visible structures, existing and potennal fisheries and fishing grounds, wildlife habitats, or potential or existing agricultural uses of land Discussion: The Project does not involve any development that would 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. 4.0 ENVIRONMENTAL ASSESSMENT AND ANALYSIS 4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY Development of the Project site will alter the open space character of the property, but based on the findings within this report, with the implementation of appropriate mitigative SECTION 4 Page 48 r" County Environmental Report Kamehameha Investment Corporation measures the Project will not result in any substantial short-term or long-term adverse impacts to the environment While development of the property will remove the land from potential pasture use, the agricultural productivity of the site is relatively low and there is an abundance of other lands available in the region that are better suited for such use Developing the property for the intended residential use will provide the benefit of enlarging the inventory of residential property to this growing area The Project will be supported by the necessary public facilities and services, and development would proceed in a manner that is in concert with the long-range State, County and community plans for the region Development of the Project will also result in socioeconomic benefits to the community The construcuon work associated with the Project will provide short-term direct employment in the construction industry Public revenues from personal and real property taxes are expected to more than offset the cost for the minimal expansion in the need for public services necessitated as a result of the Project 4.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE, RECTIFY, OR REDUCE IMPACTS. Two types of mitigation measures will be employed to ensure that potential adverse environmental impacts resulting from establishment of the Project are minimized They canbe characterized as generic and specific Genetic mitigation measures are standard actions aimed at reducing or eliminating impacts and which have already been institutionalized through County, State or Federal regulations, codes, and ordinances Mitigation measures of this type usually apply to control of temporary or short-term construction impacts such as soil loss, noise, and air quality effects Generic mitigation measures are standard, accepted means appropriate for minimizing temporary or limited environmental impacts Specific mitigation measures are generally recommended for actions that may have residual or long-term effects, or those for which some form of monitoring or compensation for the environmental effect are required In terms of the Project, the specific and generic mitigation measures that are recommended include SECTION 4 Page 49 County Environmental Report Kamehameha Investment Corporation • limiting construction to dry periods to the extent practical • limiting construction activities to daytime hours • adherence to all Federal, State, and County environmental protection, health, safety, and construction Hiles and regulations • early construction of drainage features, where needed, such as berms • immediate stabilization of any denuded areas through sodding or planting • application of fertilizers or biocides to landscaped areas only during periods of low rainfall to mimmrze chemical runoff • covering of open vehicles carrying soils, gravel, or other particulate matter • controlling dust by watering exposed areas and through the use of proper stockpiling procedures • protection and preservation of archaeological and historical resources in accordance with appropriate State and County rules and regulations 4.3 ALTERNATIVES TO THE PROJECT An exploration and evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality, avoid or reduce adverse environmental impacts, costs, and risks, was performed in order to assess options that might enhance environmental quality and cause fewer detrimental effects A discussion of these alternatives follows No Action Alternative The "no action" alternative will result in no physical change to the property and leave it in its current agricultural use The land will remain unaltered and unimproved This alternative will not allow the objectives of the subdivision to be achieved and would deny the public the benefits associated with the Project There is a growing demand for residential lots for sale in the Keauhou resort area and under the "no action" alternative the additional lots that would be provided through the Project will not be available No source of income will be brought to the owner and consequently no increase in government revenues from higher property taxes will be realized SECTION 4 Page 50 County Environmental Report Kamehameha Investment Corporation Alternative Use The current zoning for the property is Agnculture (A -5a). The Project site, based on its isolation, limited size and soil characteristics is, notably, not well suited for agricultural use. As described earlier, soil studies indicate that commercial agriculture on the Project site would not be economically feasible Also, any other use of the Project site than the subdivision, would not be compatible with the with the Keauhou Resort Master Plan The Project site is located in an area that will be complementary to the Keauhou Resort that has long been master planned for residential development The Project site will be developed adjacent to the proposed Bayview Estates at Keauhou, Phase II subdivision and the existing Bayview Estates Subdivision residential development In addition, vacant land adjoining the parcel is also designated for residential uses by the Hawaii County Plan and the Kona Regional Plan Finally, leaving the Project area for agricultural use would deny the public the benefits associated with the Project Alternative Locations There are no other vacant or non -committed sites in Keauhou that have the favorable site characteristics for residential development as the Project The Project is adjacent to the proposed Bayview Estates, Phase II at Keauhou, and as such, would complement an the proposed single family residential development pattern in the area Infrastructure to serve the property is already in place to the Project area boundary 4.4 IRREVERSIBLE AND LR.RETRIEVABLE COMMITMENTS OF RESOURCES The Project would result in the irreversible and irretrievable commitment of certain natural and fiscal resources. Major resource commitments include the land on which the Project is located and on which the homes and roadways would be constructed, as well as the private funds, construction materials and manpower They also include the energy, water resources, and other utility resources that will be committed to development of the Project Existing vegetation will be removed from the Project area and partially replaced with typical landscape plants The impacts of using these resources should be weighed against the expected socioeconomic benefits SECTION 4 Page 51 County Environmental Report Xamehameha Investment Corporation to be derived from the Project and the consequences of taking no action or adopting another, less beneficial use of the property 5.0 AGENCIES CONTACTED • Planning Department • Department of Public Works • Department of Water Supply State • Department of Land and Natural Resources, Land Management Division • DLNR, State Historic Preservation Division • Department of Health SECTION 5 Page 52 Exhibit List State Land Use Boundary Amendment Application Change of Zone Application Special Management Area Use Permit Application Applicant: Kamehameha Investment Corporation Request: State Land Use Designation from "Agricultural" to "Urban" Change of Zone from "Agricultural 5 -acre" (A -5a) to Single Family Residential - 15,000 square feet (RS -15) Special Management Area Permit to develop an approximate 2 lot single family residential subdivision Tax Map Keys: 7-8-011: Portion of 008 Exhibit A Regional Location Map of Property Exhibit B Tax Map Key Map of Property Exhibit C Preliminary Subdivision Plan Exhibit D Archaeological Inventory Survey Report Exhibit E Burial Treatment Plan Report Exhibit F Metes and Bounds Map of Property 4072793 1037756-7 ,-, EXHIBIT 4072793 1 037756-7 n a m s .-, EXHIBIT B 4072793 1037756-7 EXHIBIT C 4072793 1 037756-7 EXHIBIT D 4072793 1 037756-7 noo iri ARCHAEOLOGICAL CONSULTANTS OF THE PACIFIC, INC. JOSEPH KENNEDY Principal Archaeologist July 27, 2000 Parnck McCoy, Ph.D., Hawaii Archaeologist Department of Lind and Natural Resources State Kstonc Preservation Division Kakuhlewa Building Room 555 601 Kamokila Boulevard Kapolei, Hawaii 96706 Dear Dr. McCoy: Please find enclosed a copy of a report entitled "An Archaeological Inventory Survey with Subsurface Testing Report for a Property Located a TMK. 7-5-11: g in Keauhou 1" Ahupua'a, North Kona Distinct, Island of Hawaii' which we submit for your review. We would hike to thank you in advance for your consideration of this document. If you have any questions, please feel free to phone or fax Sincerely, Michelle Elmore Archaeological Supervisor AQP, Inc. 59-624 Pupukee Road • Halema. Hawaii 96712 Telephone. (808) 638-7442 • Fan. (808) 638-0703 E-mail- ArchaeolagyPacificmmad.com or Kennedyalava net Inrantvy Surveys • esu gecm" Stuchas • Mammnnq • 8unsl Tmument Pians • Nmmmcal StuCes @ulAra Gert W.�T�n, . 13 M =n Ple„e . NAGPPA Stuare . Tle to d r gWmi 12 a SWghaa 3; . Abstract Archaeological investigations were conducted at T M: 7-8-11: 8 located in Keauhou, Hawaii Island. The purpose of these investigations was to determine if significant historic properues exist within the project limits and, if present, properly document and evaluate those sites. Investigations took the form of a 100% surface survey of the subject property as well as total of seventeen manually excavated shovel tests. Two sites were documented during the current investigations, Situ 50.10-37-22078 and 50-10-37-14652. Site 22078 consisted of an historic house and agricultural complex containing twenty-nine features including a large enclosure wall, the collapsed remains of a house, stone walls, terraces, small enclosures, a pavement with burial(s), mounds and modified outcrops. A portion of Site 14652, an historical wall network originally identified by Jones et al. (1993), extended onio Parcel 8. The following report presents the results of historic background research for the Keauhou area along with the findings of the current investigations. Based upon the results of the current investigation, Ards=logical Consultants of the Pacific, Inc, recommends that a determination be made that future construction activities would have an "adverse effect" on significant historic properties at Situ 220782nd 14652 under the Advisory Council Regulation, 36 CFR 800. Site 22078 has been determined to be significant to the interests of historic preservation This site has been found to be significant under criterion "D" and "E." Evaluations for Site 14652 were previously determined by Sweeney and Burtchard (1995) as significant under criterion "A" and "D." Data Recovery investigations and the preparation of a Burial Treatment Plan are recommended for Site 22078. I Illustrations Contents ' Figure 1: Abstract ....................................................................................................................... i 2 Figure 2: 1 Tables............................................................................................................................. m Figure 3: Plates............................................................................................................................ iii ' Introduction................................................................................................................... 1 ' Environmental Setting ...................................................................................................... 3 21 HistoricBackground........................................................................................................ 6 ' Methodology................................................................................................................ 15 ' Findings.........................................................................................................................17 1 Discussion.....................................................................................................................35 ii ' Evaluations of Site Significance and Recommendations................................................... 42 Conclusion.................................................................................................................... 44 Bibliography.................................................................................................................. 45 ' Illustrations ' Figure 1: Project Location on a Map of Hawaii ................................................................ 2 Figure 2: Location of the Subject Property on a U.S.G.S Topographic Map ...................... 4 Figure 3: Location of the Subject Property on a TMK Map ............................................... 5 Figure 4: Site 22078 Feature Location Map (Parcel 8) ...................................................... 19 ' Figure 5: Top Plan of Features 22078:4, 5, 6 & 7 ............................................................ 21 ' Figure 6• Top Plan of Feature 22078:9........................................................................... 26 1 1 ii Figure 7• Profile of ST3 (Feature 22078:9)...................................................................... 27 Figure 8• Plan View of ST3 (Feature 22078:9) at the Base of Excavation .......................... 29 Figure 9: Plan Map of Feature 22078:25......................................................................... 30 Figure 10• Profile of ST17 (Feature 22078:25)................................................................. 31 Figure 11: Top Plan of Feature 22078:18........................................................................ 33 Tables Table 1: Summary of Features, Site 22078...................................................................... 18 Table 2: Summary of Shovel Test Units at Site 22078 ...................................................... 34 Table 3: Artifact Accession Inst, Site 22078.................................................................... 37 Table 4: Vertebrate Materials, Site 22078........................................................................ 39 Table5: Invertebrate Marine Faunal Materials................................................................ 40 Table 6: Summary of Site Significance Evaluations.......................................................... 43 Plates Plate1: Photograph of Feature 22078:5.......................................................................... 23 Plate 2: Photograph of Features 22078:5 & 6 (Feature 6 in Foreground) .......................... 23 Plate3: Photograph of Feature 22078:7.......................................................................... 24 Plate 4: Scanned Image of Artifact M's BAY -039 & BAY -W .......................................... 36 ' Plate 5: Scanned Image of Artifact M BAY-001.............................................................. 36 iii An Archaeological Inventory Survey with Subsurface Testing Report for Property Located at TMK: 7-8-11: 8 in Keauhou 1' Ahupua`a, North Kona District, Island of Hawaii Introduction At the request of Kamehameha Investment Corporation, Archaeological Consultants of the Pacific, Inc. (ACP) has conducted an Inventory Survey with subsurface testing for a property owned by Kamehameha Investment Corporation. The subject properly, TMK: 7- 8-11: 8, is located in Keauhou 1` Ahupua`a, North Kona District, Island of Hawaii (see ' Figure 1). The purpose of these archaeological investigations was to perform the tasks and meet the requirements specified by the National Historic Preservation Act (NHPA) and the ' Department of Land and Natural Resources, State Historic Preservation Division (DLNR- SHPD). The investigations would allow for the evaluation of the significance of historic ' resources located on the property including their eligibility for inclusion in the National Register of Historic Places. These investigations also allow for the making of recommendations concerning the mitigation of the impact of future construction activities ' upon significant historic resources. Inventory Survey investigations have documented the presence of two sites: Sites ' 22078 and 14652. Recommendations have been made for Data Recoveryat Site 22078. The presence of human bunal(s) will require the preparation of a Burial Treatment Plan for that site. 1 Project Location 1: Upolu Rot North Kohala South Kohala North Kona South �� L Kona Ka Present District Boundaries Arc Depicted Bayview TMK.7-8-11 8 Location on a �. of Hawaii Hamakua North % Hilo South Hilo r Kau 2 Q IMWAOM pl.J eUNDIIII �fp Hdo Pinta 11 -AW -A6.111[ 0 S 10 20 30 Sala >n t� After Spriggs and Tanaka 1988 i Environmental Setting ' The subject property consists of one parcel, TMK: 7-8-11: 8. This parcel is located in the ahupua'a of Keauhou 1', North Kona District, Island of Hawai'i (see Figure 2). Parcel 8 is located at geograpluc grid coordinates 1550 57'20"W by 19° 34' 10"N and LJTM (Universal Transverse Mercator) coordinates 190050mE by 2166600mM The elevation of the subject property is between 470 and 530 feet AMSL (above mean sea level). Distance from the ocean ranges from approximately 1000-1200 meters (m). Parcel 8 has a total land area of 1.95 acres and is surrounded by undeveloped land (see Figure 3). Lying on the southwestern slope of Hualalan, the topography consists of undulating lava formations of varying ages. No streams or springs are present in this area. Vegetation on the subject property consists of scattered stands of hmle kca (Larw w ghum). Ground cover consists of a vanety of exotic grasses including California grass (Bmdmu muan) and elephant grass (Parusmm p opur an) as well as lantana (L vztam carats) and air plants (Br) c;y pvwxwn). Located in a dry leeward climate, rainfall on the property averages between 30-40 inches per year (Armstrong 1973). Sato et al. (1973) describe the soils on the subject property as rKED, Kaimu extremely stony peat. These soils are described as consisting of "very dark brown extremely stony pat about 3 inches thick ... underlain by fiagmental Aa lava" (Sato et al. 1973:22). However, the current investigations found the soils on the subject property differed from the descriptions of Sato et al.. The soils were found to consist of a relatively deep deposit (greater than 130crn in one location) of silt loam above fragmented a'a. Soil composition predominantly consisted of one layer of dark brown silt loam, occasionally underlain by a deposit of dark yellowish brown sdt loam Figure 2: Location of the Subject Property on a U.S.G.S. Topographic Map Kali b x°-.� 'paha Ir � \ ` .� , ; � � , ,i•' � ( =�_ ,, _�� Kepugil ' t nksri ! 1 Kalaau o Kalakari,-'I•, •'f•+ ; Heiaus j. t% I 3 Popakoh8luHeiau 11 s + � Subject Property ;— Sewage Disposal Plant Goll course":'. . Rocks Hi Bay .�- .t. r�lyri,-.•}(4 a eha �yY. ' '� Aurtiiww�try �." Bglfro;ace l �_: _ �` - r - "moi-:-• `ltieauhuu � �- r i � Kaukalaelae Pt '.i c f I _ I Golf Course � / Il 500m +++f, � •, B,i ribl C roV n� o Bay o. Kualanul Ptc Maihi Bay— . Kater i` i i , , Ba%,%tcN TMK 7-8-11 8 Source U S G S 7 5 Minute Series (Topographic) Kealakekua Quadrangle 1982 1 1 1 1 1 1 1 Fisure 3: Location of the d N �l 0 50m 1 � j %oJ5.9C ,.. •• !i fill L.e.�i W. L.C.AQ Keauhou Trail .-N on a TNM •t'oina h�/.r�lw R'+v�•Ms•nJ Cora Harry NaanAo Csfa/e -�,.,y J '.ort Aa Nu c► t. H1 yip 1 . .f.?O Ac L.C.Aw. 7327 4. rjj t•+. lP��.sYu a Yrus/ u Arfr'�,,� r /rhAAv .l • A�eb Y14 j a/s " 9 Bayview TMK 7-8-11 8 Q�Ko'oka Trail 5 It 11 u G \\ . +-759 A a a 10 Gp4alcENau'�Sel� 1 a r " $n source Deot of Taxation, Tax Maps Branch 1 Historic Background Keauhou 1', like other ahupia'a in the Kona District, is a strip of land which runs west to east from the Kona coast up the southwestern slope of Mt. Hualalai It is flanked on the north by Kahalu u Ahupui a and on the south by Keauhou 2' Ahupua'a. The name Keauhou literally translazes to "new era" or "new current" (Pultui, Elbert and Mookini 1974). The al.upua'a of Keauhou 1' and 2' were apparently once a single aFsrpwa'a, as suggested by a number of kukwu awards which are bisected by the boundary between Keauhou 1' and 2"d (Burtchard 1996). Keauhou 1' Ahupua a encompasses a portion of Keauhou Bay, He era Bay and a long snip of land extending up the slope of HualalaL Following is a summary of land use, previous archaeology and settlement patterns in Kona with specific references to Keauhou 1' Ahupua'a. A comprehensive review of the historic badcground of Keauhou is presented in Volume I of Burtchard's (1996) Populaacn vad lard -we cn dzKeaJ= Chat, 7lx hlauka lurid Irrumvy Surrey, Kavd= , North Kara, Haus i IsZmd In this work, Burtchard presents a land use sequence for the Hawaiian Islands based upon patterns previously discussed by others such as Tomonan-Tuggle (1985) and Kirch (1985). Terminology in this report is based upon the temporal pattern outlined by Burtchard: Colonization AD 300-600 Early Expansion AD 600-1100 Late Expansion AD 1100-1400 Intensification AD 1400-1600 Competition AD 1600-1778 Hmorical Consolidation AD 1778-1820 Middle Historical Periods AD 1820-1993 Differences in amounts of rainfall and age of soil sediments have caused variabdiry in the productivity potential for agriculture in Kona. The more weathered flows support relatively intensive agricultural use; the productivity of which varies largely as a function of available moisture (i.e., elevation)" (Burtchard 1996:20). This is a factor of which both the pre -Contact and post -Contact inhabitants took advantage. Placement of crops was designed to make use of conditions necessary for individual plant species. As a result, Burtchard found in the Mauka Land Survey area that "Feature distribution is patterned across the landscape, with highest densities occurring in upper elevation areas of more highly weathered lava flows where rainfall and soil development maximizes local agricultural productivity" (bid 1996:iii). 0 'Land Use The earliest settlement of the dry Kona district occurred during what is referred to ' by Burtchard as the Early Expansion Period, from AD 600-1100. However, land use would be rmnunal, or even nonexistent, in locations in Kona such as Keauhou during that time, as more significant population centers were located on the windward side of Hawaii, where ' littoral resources were present in combination with rich, well watered inland resources. A slight increase in population occurred in Kona during the Late Expansion Period, ' from AD 1100-1400. This is reflected by a small number of radiocarbon dates in locations near Keauhou such as a terrace and platform at Site 15424 in Keopu 2"d Ahupua'a (Brady et al. 1999), a lava tube site near Kahalulu Bay (Site 7702), and at a site recorded by Schilt containing a platform and terraces in Lanihau 2'd Ahupua a (Site DS -22) (Burtchand 1 1996:33). Significant expansion into Kona of the pre -Western contact population goes back to the time of the Kona Chief 'Ehu-kai-malino, a contemporary of Liloa, one of the famous rulers of the Hawn, i Island dynastic line. Liloa's rule was inherited by Vrni-a-Likxi, who decided to transfer his court from Waipi o to Kona "where the climate was warm." From 1 'Umi's dynastic line would eventually emerge Kamehameha the Great 'Umi is important to the history of land use in Hawaii because he is traditionally associated with active fanning and fishing in Waipi'o and Kona. Vmc-a-Ldoa had two prinapal occupations which he undertook to do with his own ' hands- they were fanning and fishing. He built large taro patches in Watpio, and he tMed the soil in all places where he resided, and when in Kona that was his great occupation: he was noted as a husbandman king (Fomander 1917:v.4, 230). ' 'Titin is said to have been born about 1450 (Fornander 1985:313) and would have been active in the Kona district in the late 15'e and early 16" centuries. Others, through ' genealogical time frames, have placed 'Umi's reign approximately one century lata (Cordy 1999). 'Umi was familiar with traditional wet taro farming in valleys, Ae Waipi'o, which had a perennial stream thatcould be tapped for irrigation. Unlike Waipi`o, the North Kona ' District, which'Umi chose as his residence, had no river or stream. The Kona gardens are, therefore, significant in that it shows Hawaiian adaptation to dry taro farming, in which 'Umi could have experimented (Kamakau 1961:52). From these early days of agricultural experimentation would ultimately evolve a tradition of distinct marks-maba land use zones in the Kona District. ' From descriptions of the multi -zone cultivation of gardens on the ma&6-mA= slope behind Kailua and Kealakekua, Newman (1970) constructed a four zone land use model, now commonly known u the Kona Field System (State Site 6601). This model described ' four cultivation zones from the dry, coastal grasslands (kola) to the wet, high forest (ama'u). Newman describes sophisticated traditional Hawaiian horticulture, or gardening practices, and in his study of this system, estimated the cultivated land as approximately five miles wide from coast to lower mountain slope, and eighteen miles long, e:rtending from the Kealakekua area to the back of Kailua. The northern edge of this field "back of Kailua" extended as far north as Moeanuoa and Lanihau. .. the whole Kona System, is well designed to take advantage of the western Haww Island environment. The onentation max=izes the available sunlight and exposure to periodic ram showers. The alignment would have made the crops susceptible to }ugh velocity trade winds were it not for the protection of Mauna Loa. Onshore winds are generally light so physical damage or crcessrve plant evapottanspuation would not have been a crucial factor in field lNgriment (Newman 1970:56-59). The "Gardens of Kona" (Kelly 1983), of which Keauhou 1" Ahupua'a is an integral part, consisted of four planting zones adapted to the elevation, precipitation, and ecology of the mauka-rrrakx slope. Hawaiians had local terms for these four zones, according to the predominant plant communities in each zone, named: kula, ka&idu, apa'a and 'arm&. Briefly, Newman characterized the four cultivation zones as follows: Zone 1: kula the lowest zone, above the coastal fringe where most houses were built, was defined as plain, field, open country, or pasture; planted in grass (used for thatch), sweet potatoes, sugar carte, and uaula grown in very rocky areas. It was located between 200 and 500 feet above mean sea level (AMSL). Annual rainfall averaged 20-40 inches. Zone 2: kalu'ulu a broad belt of breadfruit ('ulu) forest systematically planted above the kola zone and separating the latter from the upland or apa'a gardens. Between the breadfiuit trees were planned sweet potatoes and uwdEe. Its elevation is between 500 and 1000 feet AMSL. Annual rainfall averaged 40-55 inches. Zone 3: `apa`a the dryland taro zone, between 1000 and 2500 feet AMSL, enjoying annual rainfall of between 55 to 80 inches, more than that of the dry kola and kala irlu zones on the lower slopes. Zone 4: 'ama'u named after the endemic Hawaiian fem aura u, (Sall m sp.) at the edge of the natural forest, elevation averaging 2000 to 3000 feet AMSL, with precipitation of between 80 to 100 inches. Hen no breadfrmt is grown, but plenty of plantains and bananas. As a part of the Kona Field System, Keauhou 1" contains all the elements of the traditional mau6ww" land -use zones: kula, kalu ulu, 'apa's and arra u. The lower portion of the subject property falls within the uppermost portion of the dry kola zone, characterized by Schnit at being located from sea level to 500 feet AMSL. In this area, drought tolerant crops such as sweet potatoes, gourd and uwAr (Birwsonma fupyrrfm) were cultivated during „-, the prehistoric period (Schilt 1984). The uppermost portion of the subject property falls ' within the lower elevations of the kaluWu zone, when: breadfruit trees were grown in addition to sweet potatoes and u=ke (ibid 1984). A number of sites recorded in Keauhou, including four lava tubes and one activity area near a platform, dated to the period of Intensification, AD 1400-1600 (Burechard 1996). Lava tubes on volcanic slopes are not unusual in Kona. In the vicinity uback of Kadua” was ' Lamakea Cave, which William Ellis entered with his Hawaiian guides "byway of a 'small aperture' and followed the lava tube cave in a seaward direction for about 1200 feet. There they found a bradush pool into which their guides immediately lunged for a swim. The pool was estimated to be about 50 or 60 feet below the surface of the ground" (Ellis in Kelly 1983:12). Laniakea Cave was used as a refuge with its entrance within a heavily walled enclosure. 1 Lava tubes were important not only as possible temporary habitation and/or refuge, but as natural reservoirs of precious water in the uplands. Ellis reported that when his 1 helpers dug a well and failed to find fresh water near Laniakea Cave, his fresh water supply had to be procured "on the mountainside, from depressions in the lava or from lava tubes" (Bishop 1916:14-15). Given the importance of caves as potential refuge sites as well as ' rainwater collectors, they may be regarded as "value-added features" for agricultural and habitation purposes in traditional land use, such as the relationship of Site 5060 to Site 15424 (Brady et al. 1999). During the Competition Period, AD 1600-1778, populations and consequent land use increased in Kona, producing pressures on neighboring kin -groups from which nvahies for power ensued. .. settlement during this lair traditional period appears to have developed to its m=murn extent. Residences, particularly at Kahalu'u, were built on an eclectic foundauon of caves, tames, and platforms. At Kahalu'u, such residences were primarily inland of the bay; the peninsula south of the bay, with its extensive in- shore reefs and brackish or fresh water ponds, was the site of the more elaborate cluefly residences and bew& Habitation probably extended southward along the tout to Keauhou and He'aa Bays. Other residences were scattered among the ' agricvltunl fields, which covered the upland slopes to the far maAs forst-lands. The extent of residences and fields was limited only by the barren expanses of as lava that segregated the Kona slopes into productive and non-productive strips. Specially constructed refuges were integrated mto residential areas, m prepamon ' for the provocations of waning chiefs, as conquest warfare became a significant mechanism for redistributing resources (I'omonan-Tuggle in Burtdtard 1996:37-38) ' Indeed, archaeological investigations in Keauhou Ahupua'a have documented extensive utilization of the inland slopes above Keauhou Bay for agriculture during this period. Tlus producuon "probably provided primarily agncultural support for the primary ' population centers at Keauhou, He eia and Kahalu'u" (ibid 1996:38). A dramatic paradigm sluft ensued following western contact in 1778, with the ' introduction of technological advances, diseases and exotic plants. A period of Historical Consolidation followed in the years 1778-1819, as the archipelago came under the rule of Kamehameha I, in part due to the technological advances of weaponry. A number of ali i ' were bom m Keauhou and Kahalu'u during this time: Among them were Kuakun (bom 1791; governor of the island of Hawaii from 1820 to 1844), Miriam Kekauluohi (bom 1794; premier of Hawaii from 1839 to 1845), and Kawkeaouh (bom 1813 or 1814; Kamehameha I10. Keopuolani, the "sacred" wife of Kamehameha and mother of Kauikeaouli, resided at Keauhou sometime between 1789 and 1795 (Kamakau in Burtchard 1996). It was also during this tune that one of the longest and best preserved bobra slides was constructed (Site 1669) in Keauhou. This bdaa slide, Ka bd iia o Komka (alternatively referred to as N uo-Kamm-la b) was constructed by Kamehameha I for his son Kauikeaouli (Soehren in Burtchard 1996). A significant event in the course of Hawaiian history occurred in Keauhou after the death of Kamehameha I. In December of 1819, Ke-kua-o-ka-lani and his supporters of the traditional kapu system were defeated in the Battle of Kuarno`o by the constituents of Kamehameha II. Numerous fallen warriors are buried at this site. The battle symbolizes the end not only of the "traditional order," but also "effectively ended organized resistance to the emerging political and economic order, an order oriented toward expanding Euroarnencan trade and enforced through western arcs' Cibid 1996:41). ' Despite the introduction of diseases by the westemers, population and land use in Kona during the Competition period remained elevated (bid 1996:36). A number of residential features in the Croup larch gfKes bw have been dated to this period through ' radiocarbon testing (bid 1996). As exotic species were introduced in the first fifty years following Contact, additional crops were grown in the kola zone, including cabbage, melons, onions, oranges and tobacco (Schilt 1984). Later in the historic period (1825-1850), beans, coffee, corn, cotton, pineapple, Irish potatoes, and pumpkin were grown as well in the kala zone (Schik 1984:6). International trade was established through the whaling and sandalwood industries. Burtchard notes that of particular significance in Keauhou was the collection and trade of sandalwood and quotes Tomonari-Tuggle: . new pressures replaced the old, as foreign trade became a new source of demands (on commoners]. Mackintosh wrote in 1838 that Keauhou Bay "which ' affords a comfortable and safe anchorage, s resorted to by vessels for cargoes of firewood, sandal wood and other commodities of produce" (1838:2)... Sandalwood collection also became an integral part of local economic ' acuvities. The trade began in the 1810's, but was tightly controlled by Kamehameha. After his death, however, it was taken up by other chiefs who, by the 10 nud•1820's, had plunged the nation into debt by drawing credit against future e collection of the wood. It was said in 1827 that a "general scarcity for provisions seems to prevail throughout this id- nd The people have bad such a fever here for getting sandalwood that I think this may be considered the cause' (Ely Ms., in Kelly and Barrere 1980:22). Residential and ritual land use remained primarily centered along the coast, however upland habitation was also noted by early observers, such as William Ellis (I'omonari-Tuggle in Burtchard 1996): I The missionaries who came in the 1827s provide a glimpse of life in the area. William Ellis passed along the coastline in 1823, and counted 610 houses and 19 {xum between Keauhou and Ka'awaloa. At Keaubou itself, there were 135 houses; about 150 people carne to see Ellis and his companions (1969:120-121). ' Elhs also described a burial area at Keauhou 'a space surrounded by high scone walls, appearing much Like an ancient Immo or temple" (1969.360). ' .. During his tour, Ellis remarked on amile-wide stretch of as lava -over which a stepping stone trail connected the vtllWs of Kahalu u and Keauhou. Residences were also scattered in the uplands_ (Mlis 1969:121) New land use began by the 1840's following the introduction of cattle to the islands. Ranching of the krda lands spawned numerous features sti71 visible today: that of the cattle walls, most notably the Great Wall of Kuakini (Site 6302), stretching from Kailua to Keauhou, constructed to prevent cattle from wandering into coastal residential locations. In the aftermath of the Great Mahele of 1948, when foreigners began to acquire and ' cultivate land commercially, a dramatic shift in Lud use drastically changed the face of traditional Hawaiian agriculture in Kona. In general, social historians have noted the ' following: (1) that the sandalwood trade had a disruptive impact on the Kona population and agncultunl labor pool; people moved out or died from introduced diseases; the Kona population appears to have reduced by nearly half between the years 1824 and 1835, from ' about 20,000 to about 11,000 (Schilt 1984:24); (2) that the shift to commercial crops such as coffee and sugar forced Hawaiian farmers to abandon traditional horticulture; (3) that, in post -statehood years, commercial agriculture and ranching began to yield to urbanization, as ' farm lands were converted into residential subdivisions, tourist hotels, warehouses, and business offices; and finally (4) that the introduction of exotic plant and amoral species transformed the face of the land. ' A short lived business venture resulted in the construction (1901-1908) of the monumental West Hawai'i Railroad (Site 7241). The railroad served to link an eleven mile ' span from Kadua Mill (through Keauhou 1` Ahupui a) to Keopuka for the transportation of sugar Remnants of this railroad are still present today. Dry -laid stone construction of the railroad berm reaches heights in some locations of 15 meters (Burtchard 1996). By the twentieth century, the traditional four -zone land use pattern was gone. "The characteristic land use in the project area today is predominantly pasture land for cattle. I ...grazing on the kola began as early as the 1840's, and by the middle to late 1800's, the transition from cultivation to ranching had been completed" (Kelly in Schilt 1984:14). The ' current land use of Keauhou 1" Ahupua`a is primarily recreational and residential. Golf courses, hotels, condominiums and emerging subdivisions sprawl over the landscape. ' The general consensus of historians, archaeologists and political scientists is that major changes occurred in the traditional Hawaiian land use pattern from the time of contact. There has been a fundamental transition over two centuries from subsistence to commercial land use involving ranching and export crops (e.g. sandalwood and coffee) and ' more recently residential subdivisions and resort development. Furthermore, there is agreement that these changes began to intensify after the Great Mahele when land ownership was opened to non -Hawaiians and agricultural productivity was linked to the fortes of international commerce and trade. LCA Research During the Great Mahele of 1848 the entire abup" a of Keauhou 1" was awarded to Victoria Kamamalu (LCA 7713) with the exception of a number of apaw awarded to individual maka 4vzx . Numerous kukww claims were made in the ahrpw 4, and fifty LCA's were awarded. Land use for these LCA's was summarized by Tomonari-Tuggle: Residences were primarily along the coast, generally occ u ing as stone wall - enclosed house -lou containing up to five houses. whin house -lou were a variety of garden plants, including kox, hak Jana, papaya, kadn palm, pineapples, non, ' coconut trees, and "some flowers for beautification" ... At Keauhou Bay, houselors are located prunurly on the promontory between Keauhou and He'eia Bays.. There were at least four trails in Kahalulr and Keauhou 1 which led to the upland cultivation areas. Upland agriculture occurred primarily between 1000 to 1700 ft ' above sea level.... Only in Keauhou 1 do agncultival parcels attend all the way to the coast. Tha occurs in a strip of shallow gullies with well -drained, thin organic sods overlying an Ti base... (m Buttchard 1996) The subject property contained one Land Commission Award, LCA 10258. This and other nearby LCA's have been reviewed by Sweeney and Burtchard (1995). LCA 10258:3 was awarded to Marltai. Native Register and Tesamorry refer to the land use as cultivated krhapat (small cultivated patch, garden, orchard, field, small farm). 12 Previous Archaeology This section reviews the previous archaeological work conducted in the vicinity of the sublea property, while the following section summanzes the settlement patterns and expected finds for the area based upon those findings. Numerous investigations have been conducted in the ahulrua'a of Keauhou lu as well as in the surrounding areas. Forty-six entries for archaeological reports in Keauhou Ahupua'a are listed in Spriggs and Tanaka's 1988 publication Nd t19ea bar 1 Ka WdKabi1w:.9s .9anotand BrhbW*n �y of Ha=m AnAuci V. Investigations prior to 1985 were reviewed in detail by Tomonari-Tuggle (1985), and therefore will only be summarized in this report. Burtchard (1996) summarized additional works from 1985-1996. Stokes (1906), Reinecke (1929-1930), Emory (1932 and 1971), Kekahuna and Kelsey (1952 and 1956) and Kirch (1973) conducted the earliest surveys in the area. Numerous studies have been conducted within the past twenty-five years due to intensification of development in the Keauhou area. Burtchard (1996) summarizes these findings: ... projects had reported over 500 archaeological sites spanning a broad temporal and activity range in the resort area landscape. As expected, residential features tend to be concentrated along the tout Further inland, Tomonan-Tuggle (198539) notes that residential rem -;n e are 'scattered and isolated, though often associated vnth entrances to lava tube caves (Allen 1983)." Caves, burial features, hemi, and other nuscellaneous sites such as walls, trails, roads, petroglyphs, arras, and animal pens are also mentioned by Tomonari-Tuggle (1985:37-47). In addition to these, are the National Register HoWa Slide and the West Hawaii Railroad Berm... and the massive Kuamo'o Battle Burial Ground.. Sweeney and Burtchard (1995:10) quote Jones et al. (1993:8) who further elaborates on the archaeological findings in Keauhou: In Keauhou, surveys conducted in coastal areas between 0-30 m (0-100 ft.) AMSL identified numerous sites representing permanent settlements, but also a significant number of shelters, enclosures, and ave features suggesting temporary occupation in conjunction with agriculture (Connolly 1979; Hammatt 1980; and Walker and Haun 1989). Pro)ecrs between 30-152 in (100-500 ft.) AMSL identified over 150 sites with only a few of time described as permanent habitation, whsle 54 percent were temporary habitation associated with agriculture. At least nine trails link these coastal and upland sites (Allen 1984; Connolly 1974; Hanmiatt and Shideler 1984; Pearson and Ladefoged 1990; Rosendahl 1979; and Shun 1984). Of particular note are a few studies conducted in the area adjacent to the subject property. An archaeological reconnaissance survey was conducted on the Frazier Parcel (TMK 7-8-11:10 and 13), which neighbors the current subject propertyto the west, byAlu Sinoto Consulting Qones er al. 1993). Inventory survey investigations were later conducted on the Frazier Parcel by IARII in 1994 (Sweeney and Burtchard 1995) During these two 13 le-- 1-�% f phases of investigation, four archaeological sites were documented. These included a ' portion of Site 14652, a network of historical stone walls, and the Keauhou Trail (Site 15243). A site consisting of eleven features including walls, mounds and modified outcrops (Site 19650) was recorded on the upper portion of the part el. A site containing eight I features including large enclosures, terraces and modified outcrops (Site 1965 1) was recorded on the lower portion of the property. Two of these features contain possible grave sites. The findings on the Frazier Parcel "mainly reflect early historic period (ca. 1798-1860) small- scale agricultural activity; however subsurface testing has not invalidated the possible presence of a late pre -contact period component in the area' (ibid 1995au). Sweeney and Burtchard additionally note in their report the presenceof a collapsed house dating to the ' early 1900s outside the Frazier Parcel, on Parcel 8, the current subject property. Informant testimony in the report indicated that the previous residents of the house were interred nearby. iDunng the Preliminary planning by Kamehameha Investment Corporation (KIC) in the early 1990's for the Crater Lmtds gfKandics , a cultural resource inventory survey was conducted by IARM This survey covered an 800 acre tract of land on the slopes above Keauhou Bay. The results of this survey are presented in Pgpda tion mai LArad usecn dx KazJxiu Coast, The Mauka Land hnvmry Survey, KauAn4 North Kara, Hca I Islam! (2 ' volumes)(Burtchard 1996). Volume I of this report provides a detailed overview of the historic background and settlement patterns in Keauhou. The current subject property lies within the Keauhou Mauka Lard Project Area. However, this area was not intensively ' surveyed, and no sites were recorded on the parcel. Settlement Pattenu and Expected Finds' Based upon the above review of the previous archaeology, LCA information and observations of early visitors to the area, the pre -Contac settlement patterns in Keauhou In Ahupui a and the expected finds on the subject property may be summarized. Earliest settlement may have occurred from AD 600-1100. Settlement would have most likely centered along the coast or in the more well watered uplurds. While population during this time was certainly limited or even nonexistent, a dramatic increase in density occurred thereafter. The apex of population numbers occurred during the reign of Kamehameha I, after which began a decline due to the introduction of disease. Settlement ' continued primarily along the coast, though increased upland habitation ensued upon the intensification of agricultural use of those lands. Scattered temporary shelters related to agricultural activities were present. Lava tubes were also used for temporary or permanent ' habitation due to the advantage of the refuge potential of the tube. Habitation within and outside of lava tubes in association with agricultural locations have been well documented, such as with Sites 15424 and 5060 in Keopu (Brady et al. 1999) and Sites 15180, 15195, and ' 15240 in Keauhou (Burtchard 1996). 14 /0� 11-\ Expected finds for the subject property, TMK: 7-8-11:8, could include both I residential and agricultural features. The property is located within both the kula and "4du zone of the Kona Field system, and has a great Likelihood of containing agriculture -related features, such as stone mounds, modified outcrops, ten -aces and low walls. The morphology ' of these features may vary due to localized expressions of the Kona Field System Temporary and permanent habitation features may also be present, such as platforms, C - shapes, pavements, enclosures and ten -Am. Stone walls and trails have been noted in ' previous archaeological studies conducted nearby (Sweeney and Burtchard 1995; Burtchard 1996) and may also be present on the current subject property. Typically, cultural remains could include midden deposits, petroglyphs, traditional artifacts such as fishing gear, and ' historic debris. It is possible that human burials could be present in areas related to human habitation. Lava tubes utilized for temporary or permanent habitation and/or burial purposes may also be present ' Information obtained from archival research indicated that LCA 10258:3 on the subject property was utilized for agricultural purposes at the time of the Great Mahele. ' Native Register and Testimony indicated that LCA 10258:3 was a cultivated kibafwr. Agricultural features may be present on the subject property. Recent informant testimony by Ms. Lily Kong indicated that pumpkin and &udmla were cultivated on Parcel 8 in the early ' 1900's. Previous archaeological investigations conducted on parcels neighboring the subject ' property noted the presence of a collapsed house occupied during the early 1900's on Parcel 8, LCA 10258:3 (Sweeney and Burtchard 1995). It is expected that the house is still present on the subject property. Informant testimony by Ms. Lily Kong indicated that burials of the ' former inhabitants of the house are also located on the subject property "near the water tank (now gone)" (Sweeney and Burtchard 1995). It is indicated on a TMK map (see Figure 3) that the Keauhou Trail partially traverses the subject property. This trail was reported as extant by Sweeney and Burtchard (1995) and Burcchard (1996). Vestiges of the trail may still exist on the subject property. Methodology The current archaeological investigation was conducted from May 10`h through 17h, 2000. All fieldwork was conducted under the direction of the Principal Investigator, Joseph Kennedy, M.A.. MaryAnne B. Margret, M.A. and Michelle Elmore, B.A. conducted the fieldwork MaryAnne B. Maigret and Kehaulani P. Kennedy were accompanied by Ms. Lily Kong during a field inspection of the subject property on July 1", 2000. Ms. Lily Kong graciously provided ACP with informative testimony relating to property 15 A pedestnan survey was utilized to systematically investigate the subject property. The purpose of the pedestnan survey was to identify significant histonc properties on the ground surface. The pedestrian survey was conducted by having the two person crew sweep the parcels on foot using transects spaced approximately 5 meters (m) apart. All features identified during the pedestrian survey were marked with blue flagging tape containing a temporary feature number. Visibility was excellent on Parcel 8 due to the presence of grazing cattle. Through this procedure, a 100% surface survey of the subject property was completed. The locations of sites and features across the subject property were mapped with compass and tape and depicted on a map of the property created by ACP. Site and feature locations were subsequently plotted onto the map for presentation in this report In addition, features considered significant historic properties that were test excavated were sketched using a compass and tape at a scale that would allow for the depiction of stnrcnrres in the appropnate detail. Subsurface investigations included a total of seventeen manually excavated shovel tests. The results of these controlled investigations would provide information that would allow for the evaluation of potential sites. The purpose of conducting subsurface excavations was to determine if cultural deposits were present and to examine the stratigraphy. Shovel tests measured 30 x 30c m or greater and were excavated by natural layers. Each unit was excavated to bedrock or as dap as possible contingent upon encountering large immovable rocks. Soil and stones were removed by trowel and shovel and were sifted through a one-quarter inch mesh screen in order to collect cultural materials. All cultural materials recovered from the excavation tests were collected with the exception of items associated with burials. Soil samples were collected from each stratigraphic layer. All shovel test locations were mapped using a compass and measuring tape and plotted on a map of the property drawn to scale. Photographs were taken of features with representative photographs presented in this document Laboratory analyses included a range of diagnostic endeavors and were conducted according to standard scientific and archaeological methods and recorded on standardized analysis forms. Descriptions were made of soils according to USDA standards of composition and color. Cultural materials were sorted by type, weighed, measured and presented by provenience by ACP personnel. Dr. Alan Ziegler identified vertebrate remains to the species level, as possible, with the results tabulated and presented by ACP personnel. All matenals collected during test excavations will be bagged and labeled appropriately, placed in labeled and inventoried boxed, and curated at the ACP offices located at 59-624 Pupukea Road, Hale`iwa, Hawaii. This report provides complete descriptions of the investigations undertaken including wncten accounts, placement of the features and test units on plans drawn to scale, and profiles depicting stratigraphic deposits encountered. Also included are the results of all 16 ' laboratory analyses described above. The methodology aided in the production of an ' accurate and detailed report along with a determination of site significance as well as the impact of future construction endeavors. 1 Findings Two sites were identified during the current investigations, Site 22078 and a portion of Site 14652. A portion of an historical wall network previously identified by Jones et al. (1993), Site 14652, was present on Parcel 8, and was recorded as Feature 22078:1 of Site ' 22078 during the current investigations. Site 22078 consisted of a habitation and agricultural complex containing twenry-none features. Descriptions of the sites identified during the current investigations follow below. Individual feature descriptions arc also included Refer ' to Table 1 for a summary of features. Subsurface investigations were conducted at Site 22078. The results of all subsurface testing follow the site descriptions. Site Descriptions Site 22078 (Temporary Site TI) Site 22078 consisted of a habitation/agricultural complex located on Parcel 8 (see Figure 4). The upper (eastern) portion of the parcel contained a post -Contact habitation complex with a possible pre -Contact habitation component. The ma% (western) portion of the parcel was comprised of an agricultural complex. Twenty-nine features were recorded at this site, including an enclosure wall, the collapsed remains of a house, stone walls, terraces, ' small enclosures, a pavement with burial(s), mounds and modified outcrops. A portion of the Keauhou Trail (Site 15243) runs along the northern boundary of Site 22078 (see Figure 3). This trail was likely used by the former occupants of the property ' as well as anyone travelling marks-makx in Keauhou. e ACP staff was accompanied by Ms. Lily Kong, a former occupant of the neighboring Frazier Parcel, on a visit to Site 22078. She reported that pumpkin was grown on the land in the early 1900's, and that donkeys were kept there as well. 1 1 17 1 1 1 1 i 1 i 1 1 1 1 A"M m M .•. a QC V {{N..... til N {..p.. n NF^ u M W �O E E a Q w fix Y E �25 Ea^ N_ �<d En"slit % N p OEO M NN K n Y k w n vxE1 u•�.-m N �n a �.- l. -nn rvn ••� n. -!!N ! n w G a E 2 g Eu E .0 e Y •� •p pYy " •p G Y Y o11421€��oa S g Y tttCCC to u aa��o�aooa 4" 1.- w5 W, J: �n FwFFvii N<7 Jf �n JSF Y Y _c w� '_u,wwwww�wwt;,t;,wwwu.wwu.wwts wwwwwu•,w�N,, E� F Y M�" 0m h�.r�gg..n0 mmm 00o m O0 0 0 N N NN N N N NN N N N N N N N N N N N N N N N N N N N. N N N N N NI 18 3 4 v <o � 1 1 1 1 1 1 MN 0 I IOm Future Bawlew TMK 7 -8 -II 8 rtgL f oim LLv/O reature Location .ST2 L., S.1 /ESTI ""a"OrFeature 3 Feature 2 ata , '. GSTII Feature 8 .ST16 k Feature 13 *E 5712 x]a,l. � -' STIFeature I Feature 14 Feature 1b Feature 27 Feature 16 /y Feature 23 0 Feature 24 Feature 19 %1 Feature 17 .el Sri Future 9 • Feature 10 PC 26 Future 11 —Future 1 mk. r .f •Y 1492) Iwa C. .. Archaeolopical Consultants of the Pacific- Inc 2000 *E 5712 x]a,l. � �� Feature 0 Outcmp Feature 25 \ GJ—ST17 Feature 18 Feat u 1 /y Feature 23 0 Feature 24 Feature 19 %1 Future 288D (\ Feature 29 Feature 22 —Future 1 mk. r .f •Y 1492) Iwa C. .. Archaeolopical Consultants of the Pacific- Inc 2000 Feature Descriptions Feature 22078:1, Enclosure Wall: This stone wall enclosing LCA 10258:3 is a portion of an historic wall network, Site 14652, originally recorded by Jones et 21. (1993). The wall is composed pnmanly of a bifaced core filled style, with intermittent stacked rock segments. These variations in style may reflect episodes of less careful construction/repair ' after an initial bifaced core filled construction. The enclosure is rectangular, aligned with its long axis running n=Aa/mA= The dimensions are 59 x 134m, with widths averaging 70an and heights varying from 70-90an above ground level (AGL). ' This wall likely dates to the post -Contact period due to its construction style and likely association with the LC- present on iarc&8-. The wal olliwrs–the bound -cies oL ' LCA 1025 8:3, and may have been constructed during the time of the Great Mahele tit relation to the LCA, as was common practice during that time to demarcate property boundaries for land clauns. The boundary wall may also have been constructed as a measure ' to prevent the entry of grazing cattle onto the property. Feature 22078:2, Stone Wall: This feature consisted of a low stone wall, winch ' roughly bisects the upper zone of the LCA. portions of the wall were bifaced core h71ed, while others were stacked or tumbled. The wad extended down (west) from the east ' boundary wall of Feature 22078:1, with its lower end merging with a natural outcrop. At its east end, Feature 2 functions as a retaining wall for a higher soil filled area to the south (Feature 22078:3, terrace). Below Feature 220783, the wall serves as a retainer for (naturally) ' higher soils to the north. The wall measures 35m in length with a width of 1-2m, and heights from 20-100cmAGL. ' Feature 220783, Terrace: This small sora backed terrace was located at the mauhr end of the parcel abutting the boundary wall (Feature 22078:1) and Feature 22078:2. The terrace was faced by an 8m long stone wall, which extended to the south from Feature 22078:2. The northern 3m of the wall was bifaced core filled, while the remainder was roughly stacked and sloping. The wall stood 50cmAGL on its upslope side, and 105cmAGL t on its downslope side. The soil filled area above the terrace wall sloped gently towards the boundary wall. Two shovel tests (STI and 572) were excavated at this feature (refer to Testing Results). One volcanic glass flake was recovered during testing. Feature 22078:4, Enclosure: A small stone enclosure was located near the southeast corner of the collapsed house, Feature 22078:5 (see Figure 5). The feature consisted of a square enclosure which measured 2.2 x 2.2m with a height of 35-40cm. The enclosure contained between one and two courses of stone (mostly 10-20cm in diameter), with its east side abutting a natural outcrop, and a large (95cm in length) flat topped triangular stone forming the northwest comer The internal portion of the enclosure 20 MN 0 JOm I W.11 C.mr W.n C. .. ire 7 lop rlan or reatures 22U-18 4, --,, 6 & W.II 1 Fnmrc 2 • ta. Fewtwe Bayview TMK 7-8-11 8 21 APPioximiee Arca ,f Submurtme Paving I Consultants of the Pacific, Inc 2000 KEY Stone f� Exposed Bedrock Bucket [201 cm AGL I Consultants of the Pacific, Inc 2000 measured approximately 90 x 100cm. Soil and historic debris were filled inside the enclosure. According to Ms. Lily Kong, this feature was the location of a water tank. A shovel test (ST10) was excavated within the feature which produced a significant ' amount of historic materials and shell midden. The base of the structure was found to He on sloping bedrock. A second shovel test (STI l) was excavated below this feature which also produced hastonc matenals and shell midden. Feature 22078:5, Wood Frame Building: The collapsed remains of an historic house was present in the mad w portion of the parcel (see Figure 5 and Plates 1 and 2). The house measured roughly 5 x 8m. The walls of the structure consisted of 1 inch by 6 -foot boards nailed with square headed nails. The collapsed ceding contained 5 inch tongue and ' groove boards nailed to 2 inch by 4 foot cross beams above the ceiling. The roof was constructed from 28 inch wide corrugated metal sheets with screws and lead washers, screwed into 2 inch by 4 foot lumber rafters. Debris inside the house included wooden ' bedposts, an iron headboard and bedsprings. One shovel test (ST5) was excavated on the north side of the house. Historic materials and shell midden were present in the soil. This house was discussed in Sweeney and Burtchard's (1995) inventory survey report t for the neighboring Frazier Parcel. Informant testimony from Ms. Lily Kong indicated that she remembered visiting her adu Annie Kauihana who lived in a house (likely Feature 22078:5) on LCA 10258:3 in the 1930's. Feature 22078:6, Terrace: A small terrace fronted the mabrt side of the historic house (see Figure 5 and Plate 2). The terra was soil backed and stone faced on three sides. The maks: face of the terrace extended for 10111, while the north side had a length of 9m and the south side only 6m. The facing consisted of 2-3 courses of stone and stood between 30- 40emAGL. One shovel test (ST4) was excavated in the soil filled area Historic materials were present in the soil. Feature 22078:7, Terrace: A large terrace was present immediately below Feature 22078:6 (see Figure 5 and Place 3). This ten -ace was also soil backed and stone faced on ' three sides. The makat face extended for 18m, while the north face measured 16m in length and the south side only Urn. The makat facing consisted of roughly seven courses of stone, with individual stones generally stacked lengthwise. The stones forming the base measured ' 50-100cm wide and 50cm tall, while the stones above measured 40-50an in length and 15- 20tm tall. The maximum height of the facing was 200cmAGL The height of the facing 1 along the sides of the terrace decreased in relation to the increase of ground surface elevation makat-rnauka. A two meter wide stone paving was present on top of the terrace along the makat edge. The remainder of the upper ground surface consisted of level soil. 22 Fur 11 . wb- Ao, c®r,� PA I'M tit .." it AAA I JC 7-7 41 wrz 7-71 4 �5 1 tJ •Jl`y, J fl H I I 1 1 1 Four shovel tests (ST6, ST7, ST8 and ST9) were excavated on top of the terrace. One volcanic glass flake and historic materials were present in the shovel tests. From these excavations, it was discovered that much of the terrace was constructed of stone, rather than only soil backing. In tins stone constructed area, approximately 5cm of sod was present on the surface, underlain by stone fill. A distinct change in vegetation was noted in the areas contauung stone construction below the sod surface and areas of soil backing or naturally deposited soil The areas in winch subsurface stone construction was encountered contained a covering of air plants, while the vegetation in areas without subsurface stone construction consisted of grass A dashed line on the plan map of this feature indicates the vegetation change, and presumably the edge of subsurface stone construction. A lauba patch was once present on the makat side of tins feature, according to Ms. Lily Kong. A fifth shovel test (ST13) was excavated immediately below the rn Aw facing in an area where shell midden was noted on the ground surface. Historic materials and shell midden were recovered from the test. An exact determination of age and function of this feature could not be determined The size and formality of its construction suggests a function other than agriculture. It is possible that this feature as well as the adjacent smaller terrace, Feature 6, was a late pre - Contact or early post -Contac period habitation site. Feature 22078:8, Enclosure: A small stone walled enclosure was located immediately to the north of Feature 7 (see Figure 4). The enclosure measured 10 x 10m and contained a sloping internal ground surface. The northern facing wall of Feature 22078:7 ' formed the southern edge of the enclosure, while the parcel boundarywall, Feature 22078:1, formed the northern edge of the enclosure. The nnkar edge, comprised of 4-5 courses of stone standing 60-100cmAGL, abutted and continued in line with the downslope facing wall of Feature 22078:7. The eastern enclosure wall was constructed of 2-3 courses of stone standing 30-50cmAGL. According to informant testimony by Ms. Lily Kong, this feature was used for storing bundles of l uAz1a. OOne shovel test (ST16) was excavated inside the enclosure. Historic materials and a volcanic glass flake were recovered from the sod. Feature 22078:9, Pavement with Burial(s): A small paved area was located to ' the south of Feature 7 (see Figures 4 and 6) The pavement measured roughly 4.5 x 4.5m. Single stone (30-50cm diameter) alignments were present along the edges of the pavement, and ambiguous remnants of possible internal alignments were noted. The pavement consisted of approximately 10cm diameter stones. Two metal bowls were present lust outside the northern edge of the pavement. One shovel test (ST3) was excavated into the pavement (see Figure 7). The ground surface consisted of a 20cm duck layer of small stones measuring 1-10cm in diameter. A 25 I Feature 9 [ 10] fA 1 w.n .— Conunuu figure 6. Top Plan of Feature 22078.9 Ir Feature 10 26 I w.n 1 I Crrhaenln*�,A r"n cultantc of the Pacrfir Inr )onn KEY ® Stone ®Metal Bowl [201 cm AGL rt.W,PW TMTe 7-R-11 R Ir Feature 10 26 I w.n 1 I Crrhaenln*�,A r"n cultantc of the Pacrfir Inr )onn 7 Profile of ST3 (Feature 22078 9) Western Face 0 50 100 150 200cm 200cm KEY WStone Bayview TMK 7-8-11 8 0 100 it --I] 200cm Layer I Cobble Fill & Detritus Layer II Dark Brown (IOYR 3/3) Stony, Silty Loam 27 Archaeological Consultants PKII7 small amount of lustonc materials were present in the stone fill. Rocky soil was encountered below the stone fill. Small amounts of histonc materials, coral and shell were encountered continuing with depth. Large stones were present at 100cnbs, only one of which could be lifted out Below this stone, coffin hardware with attached fragments of wood were encountered (see Figure 8) No further excavation was conducted at this location, and the soil and artifacts were unmediarely back-filled. Upon visiting the site with ACP staff, Ms. Lily Kong gave testimony that the burial encountered were those of her "wau man" Iwane. The internal stone alignments may sigmify the presence of an additional burial below the pavement. Additionally, it is possible that the two metal bowls outside the pavement were associated with individual burials, and mayhave been used to contain flowers Feature 22078:10, Stone Wall: A north/south oriented stone wall was present towards the center of Parcel 8 (see Figure 4). This wall, in conjunction with Features 22078:7 and 8, roughly bisects the upper and lower portions of the Parcel. The wall measured 1 x 22m in length and stood 50-60cmAGL. Features 22078:11,15,16,21,22,23,24,25,27 and 29, Mounds: Numerous stone mounds were present on the lower portion of Parcel 8. These mounds took various forms and sizes, ranging from round 3 x 31n to elongated 3 x 12m mounds. Heights were also variable, ranging from 15-60cmAGL. Many of the mounds were constructed of small cobbles (10-20cm in diameter) and were flanked along the perimeter by larger stones (30- 40cm diameter). These mounds varied in formality of construction, as some contained neatly sorted and stacked stone, such as Features 22078:24 and 25. Another mound type found on the property consisted of low mounds flanking the natural slope of the ground surface. Other mounds contained only roughly sorted and loosely stacked stone. A shovel test (ST17) was excavated into Feature 22078:25 in the center of the mound (see Figure 9). From this test it was discovered that the internal portion of the mound consisted of piled soil and stone (10-50cm diameter) 45c m in thickness, capped by a 20cm thick layer of small stones (1-10cm un diameter)(see Figure 10). Cowrie shell and a water worn stone were found within the mound fill. Features 22078:12 and 14, Modified Outcrops: Two modified outcrops were located below Feature 22078:7, roughly in the center of the parcel. These features consisted primarily of outcropping stone with either flanking modification (Feature 22078:12) or rough interiruttent stacking (Feature 22078.14). Sizes of the outcroppings varied from 5-10m in diameter Feature 22078:13, Terrace: A small stone faced and sort backed terrace was present immediately below Feature 22078 7 The facing measured 31n in length and stood PQ Figure 8- Plan View of ST3 MTS 0 50cm Area of Coffin Hardware (130cmbs) 100cmbs Bayview TMK 7-8-I1 22078:9) at the Base of Excavation 29 Limit of Excavation KEY Stone Archaeological Consultants of the Pacific, Inc 2000 Figure 9: Plan Map of Feature 22078:25 KEY Stone Exposed Bedrock 35cm AGL 1 65cm A MN 0 1 I —J Bawiew TMK 7-8-11 8 Archaeological Consultants of the Pacific. Inc 2000 30 Figure 10: Profile of ST17 (Feature 220/6:25) Eastern Face 0 50 100 150 200cm 0— 20 y Structural Fill 60 80 i 79 • , 0 20 40 60 80 100cm Structural Fill Cobbles Intermixed w/ Brown (IOYR 4/3) Stony, Silt Loam Layer I Dark Brown (10YR 3/3) Stony, Silt Loam KEY Air Plant ® Stone Bayview TMK 7-8-11 8 31 of the Pacif-, Inc 2000 r^ 25cn-AGL, backed by approximately a 2m wide area of sod. A shovel test (ST15) was excavated below the terrace facing. No cultural materials were present. ' Features 22078:17 and 28, Terraces: Two additional stone terraces were found on the lower portion of the parcel. These terraces were constructed of stone with one (Feature 22078.28) to three (Feature 22078.17) faced sides. Both of these features measured ■ roughly 1.5 x 2m in size, and stood 30cmAGL Feature 22078:18, Enclosure: A small enclosure was present in the lower portion of the parcel (see Figure 11). This feature measured 4 x 4m and contained facing on the west side standing 40cmAGL An internal soil filled area measured 1.2 x 1.5m. A shovel ' test (ST14) was excavated into the soil filled area, and was found to contain no cultural materials. Another shovel test (ST12) was excavated in a level soil filled area on a promontory dust maulza of Feature 22078:18. No cultural materials were present in the test. ' Feature 22078:26, Stone Wall: A marka/mak= oriented stone wall roughly bisected the lower portion of the parcel. The wall stood lm wide and 40-50cmAGL, and extended for 35m to the west from Feature 22078:10, stone wall. Testing Results Seventeen shovel tests were excavated at Site 22078, predominantly located in the ' habitation related areas. Of these tests, twelve were positive (contained cultural materials) while five had negative results. Cultural materials consisted mostly of historic materials and marine shell midden. Only a small amount of volcanic glass was present. The results of the shovel test findings are summarized in Table 2. No subsurface investigations were conducted at Site 14652. 0 soils Two lavers of soil were present on the subject property. Layer I consisted of dark brown (10YR 3/3) stony silt loam. Thickness of this layer ranged from 10 to >130cm. In the majority of the subsurface investigations, Layer I rested atop decaying a a, and occasionally above paboe oe. Layer II soils were present only in a few locations on the subject property These soils consisted of dark yellowish brown (1bYR 3/4) stony silt loam. Thickness of this laver ranged from 10->20cm. 32 rtgure 11 Top Plan of Feature 22078:18 MN c a6 0 ]m Toe of Promontory \ ST14 _t 1/ [301 . r r KEY Stone [201 CM AGL Bayview TMK 7 -8 -II 8 Archaeological Consultants of the Pacific, Inc 2000 33 1 F d- 5 I Table 2: Summary of Shovel Test Units at Site 22078 STI (30 x 30cm) 220783 0.26cm very stony dark brown silt loam One volcanic glass flake ST2 (30 x 30cm) 220783 0.20cm rocky dark brown silt loam NA ST3 (90 x 160cm) 220789 0.20cm stone fill and detritus 0-120cm. dog tooth, cowrie shell, coral, 20.135cn rocky dark brown silt loam metal, ceramics. small mammal bone, water ST14 (50 x 50cm) 22078 18 0-30cm very rocky dark brown silt loam wom stone* ST15 (30 x 30cm) 22078 13 0-25cm rocky dark brown silt loam 135an: coffin hardware (tacks and nails with ST16 (30 x 30cm) 22078 8 0-24cm rocky dark brown silt loam attached wood)* ST4 (30 x 30cn) 220786 0-11 cm very rocky dark brown silt loam Glass, square and round nails, metal, bone ST5 (40 x 40cn) 220785 0.10cm rocky dark brown silt loam Kuku4 glass, glass marble, shell button, metal, 10-25cm mottled compacted dark brown silt square and round nails, screw, marine shill loam 25-35cm dads yellowish brown silt loam ST6 (30 x 40cn) 220787 0-24cm very rocky very dark brown silt loam One volcanic glass flake (0-15cmbs) S77 (30 x 30cm) 220787 0-5cm rocky dark brown silt loam Oprht shell 550cm scone fill STS (30 x 30cm) 22078.7 0-5cm rocky dark brown silt loam NA 5-15cm none fill ST9 (30 x 30cm) 220787 0-20cm rocky dads brown silt loam Glus, square nails, metal, ceramics, bone ST10 (90 x 100cm) 220784 0-25cm dark brown silt loam Kukart, day marbles, cerarrucs, glass buttons, glass, spoon, round nails, screw, metal, marine shell, bone STI 1 (30 x 30cm) 220784 0-30cm dark brown silt loam Gsanucs, glass button, glass, metal, square 30-40cm dark yellowish brown silt loam nail, screw, marine shell, coral ST 12 (30 x 30cm) Near 0-15cm veryrocky dark brown silt loam NA 2207818 ST13 (30 x 30cm) 22078.7 0-23cm dark brown silt loam Ceramic, slate, kukut 23-40cm dark yellowish brown silt loam ST14 (50 x 50cm) 22078 18 0-30cm very rocky dark brown silt loam NA ST15 (30 x 30cm) 22078 13 0-25cm rocky dark brown silt loam NA ST16 (30 x 30cm) 22078 8 0-24cm rocky dark brown silt loam Volcaruc glass flake, glass, round nail, metal 24-30cm rocky dark brown silt loam ST17 (60 x 125cm) 2207825 0.25cm none fill Water wom stone (0-25cmbs)", Cowrie shell 25-65cm stone fill and loose brown silt loam (65-70cmbs) 65-70cm rocky compacted dark brown silt loam to Tatter 3, 4 collected 0 34 ' ^ � Cultural Materials ' A variety of cultural materials were present on the subject property. A significant amount of historic materials, vertebrate (12g total) and marine shell midden (369.48 total) were present on the ground surface as well as in subsurface excavations. These items were ' clustered around the collapsed historic house, Feature 22078:5, including glass, ceramics, nads, metal and clay marbles (see Plate 4). Traditional cultural materials were also present at Site 22078, including a cowrie shell octopus lure (see Plate 5) on the ground surface and subsurface volcanic glass flakes. Vertebrate materials identified from this site included mongoose, cow and indeterminate remains. Marine shell, including Cdlana sp., Neta sp., Cypraea sp., Thaididae and Cvms sp., was collected from the site along with 0.8g of coral. An ' inventory of artifacts may be found in Table 3. Refer to Tables 4 and 5 for a summary of vertebrate and invertebrate faunal remains collected during the current investigation. 1 1 1 1 11 Discussion The findings on the subject property provide an interesting look into the historical background and land use in the kola and kala kdu zones of Keauhou. While a pre -Contact component could not be verified, it is clear that the land was extensively utilized during the post -Contact period Land was utilized for both habitation and agriculture. The habitation/agriculture complex, Site 22078, present on Parcel 8 contains a rich resource for research potential. Certainly, as time has elapsed and ownership has varied, the history and land use has seen many changes. Native Testimony during the time of the Great Mahele identified this parcel, LCA 10258:3, as a kAqui. Although there was no mention in the Native Testimony of specific crops grown, the possibilities may be surmised. According to informant testimony, the early twentieth century inhabitants of Parcel 8, whose collapsed house still lies thereon, continued agricultural production on the land The production of crops such as sweet potato, vnuke and gourds have been documented in the kula zone during the early historic period. Most likely, one or more of these items were grown on Parcel 8 at some point in time. As additional exotic items were introduced over the years following Contact, the possibilities for production expanded. Cabbage, melons, onions, oranges, tobacco, beans, coffee, corn, cotton, pineapple, Irish potatoes and pumpkin, as noted by Schilt (1984), were grown in the kula later in the historic period. According to recent testimony by Ms. Lily Kong, pumpkin was cultivated on Parcel 8 in the early 1900's. The variety of feature types on the site may reflect variance in crops. Though the majority of features consisted of mounds, other feature types were present, such as terraces, 35 i } ', � }�f -.ice y ,�g,''-:.a -y- T "p ':� 'i ti' N � � ��,. .." _ J: �� l} I ;� 1i I 11 t 6 N N .n N .°rma N N N N w1 h Nnev,� n'1 N1 M1 MI w1 ' �ayn � ¢1 R7 fL W O Cf R1 G1 i0 P7 P7 G] W P7 Rl R1 P7 p0 61 iD O7 W 00 {L1 0.1 pi W Pq 07 W GO d0 Pq W CD i u n n W D ^ — ° O w D n^ n n Y n Y Y S 1iui Y G s x u w .O x w r n AA, u— L u u Y R u 6 Y C n Y ° j l O .Y.. r $ C w r C ' ` 0 0 o E e— a 'D ^ u o" —° S u Y Q o C o h o A o>3 S E E 5 W E s w w -°+.Y. � O O. C e O o Y � ^ O ^ ^ w O N 3 7 xw� y US i $ y o» E E— w E O n n n w r x n C n u 9 u u u u E u o ^^= LL„- - 3 E 5 rt 3 = e 'e a e C R u�'ME g CL 06 E `o ga C A j p p o 0 0 Y A u Y U- u m m m m m Y C N N N N N m H u ry v i Y 37 I I 1 1 po 38 U A 29 O O C O S L 0 0 0 0 0 4 cc Coco 0 c 0 0 C �cc PZ mmmmmmmmmm mmaiaimmmmmmmmmW ccm N C w w a N� N N V � O INTI N -- 06 L N O p t 3 Y VQ to a N < a N 0 0 0 0 6 0 N N N N N N Y •- O N N M N N M N Z N I� V N yPj V^^ M N N N N N .^ N O P O r N 0 ,' N 0 0 0 .• n S U" " ` Y w w p3 =>> u W u "' I` � ALCL � w Y u � ..wY, w O � � w e � Y � S= .. � 3 � Y � y pt w C rt o a p� C h Ru a � p s N d o d d u O Y u 9 v n m H N N 38 U A 29 ' Table 4: Vertebrate Materials, Site 22078 I 1 1 - -K�p u�'Fiatyrm --4 6 7 TOTAL ass ,0.21 0-20 Marnmalia Order Carnivora Famil Viverridae H rtes aurepunclatux 0.4 0.4 Order Artiodacryla Fanilly Bovidae Bor murus 78 7.5 Order and Fund [ndetermuiate medium -to -Large Mammal 0.5 32 3.7 Class Indeterminate Order and Pmnilv Indeterminate Medium Vertebrate 0.1 0.1 -TOTALI 0.5 8 3 3.2 12 ' Wntht mcatund to 6nanm 1 1 cli d W $ cc � Ln � � ■ § W $ I I |\ I I I l cc � Ln � � t k - I I |\ I I I l � Ln cc I I |\ I I I l Uri, 1 \ § Ln )A �2§ co \ Ln �I $ In in ��\ Qn 2 G eq eq §k is40 § - em }2]LA2/ � ) a v o CL CL )z25G ) Uri, 1 \ § I 1 1 1 1 1 1 1 1 walls, modified outcrops and enclosures. Conversely, the differences in feature morphology may be temporally related, and/or a result of individual workmanship Most of the features consisted of neatly stacked mounds with sorted stones outlined by a perimeter of larger stones. A shovel test (ST17) excavated into one of these mounds (Feature 22078:25) presented insight into construction techniques utilized to maximize the productivity of an otherwise limiting environment. Though the soil deposition on the site is relatively deep (more than one meter deep in at least one location) in relation to similar locations in Kona, it is still quite dry Feature 22078:25 was found to contain an internal subsurface construction of soil and stone, which would provide for an even greater depth for root expansion. The soil and rock construction was topped by a 25cn thick layer of small stones, which would act as mulch, retaining the precious little available rainwater. The former residents of the collapsed house on Parcel 8 may have continued utilizing already present agricultural features. It is also possible that new agricultural features were constructed during their residency. Certainly, new non-agricultural features were constructed, such as their home (Feature 22078:5), the enclosure winch once contained a water tank (Feature 22078:4) and the pavement with burial(s) (Feature 22078:9). The collapsed remnants of the house provides a glimpse into life in the early part of the twentieth century. Many personal items and furnicure remam within and near to the house. Wooden bedposts and frame, ceramics, bottles, nails, metal pails, marbles, a clock, buttons, etc. were scattered about the feature. Coffin hardware encountered during excavation (ST3) at the stone pavement, Feature 22078:9, defined the location of a burial. Informant testimony by Ms. Lily Kong, who lived nearby in the 1930's, indicated that the burial contained the rem2ins of her "tuns man," Iwane. Morphological characteristics of the feature suggest that additional burials) may also be present below the pavement. While much of the site is comprised of post -Contac features, a pre -Contact component may also be present. An interesting feature on the site is a large terrace, Feature 22078:7 With measurements of 18m in length and 2m in height, this feature stands apart from the small agricultural terraces located on the site. Shovel testing revealed an internal stone construction covered by a soil surface. Volcanic glass was identified within the soil on top of the terrace (ST6) as well as within an adjacent enclosure (Feature 22078:8, ST16). These attributes suggest that this feature may have been utilized for habitation during the pre -Contact period. 41 Evaluations of Site Significance and Recommendations Evaluations of Site Significance Two saes of significance to the interests of historic preservation, Sites 22078 and a portion of Site 14652, were present on the current subject property. Site 22078 consisted of twenty-nine features. Based upon investigations conducted at these features, it is believed that they were utilized for historic and possible pre -Contact habitation, historic burial, and agricultural functions which likely continued from the pre -Contact period through the post - Contact period. This site qualifies to be considered significant under Criterion D (site has yielded, or is likely to yield, information important in prehistory or history) of the National Register of Mstonc Places criteria and Criterion E (site has cultural significance) of the Hawaii Register of Historic Places criteria (refer to Table 6). A portion of Site 14652, an historic wall network originally recorded by Jones et al. (1993), extended onto the subject property. Significance assessments were previously made by Sweeney and Burtchard (1995) for this site, wherein the site qualified to be considered significant under Criterion A (site associated with events contributing to broad patterns in history) and D. Recommendations Archaeological Consultants of the Pacific, Inc. recommends that a determination be ' made that future construction activities would have an "adverse effect' on significant historic properties at Sites 22078 and 14652 under the Advisory Council Regulations, 36 CFR 800. Duct Recovery and a Burial Treatment Plan are recommended for Site 22078. 42 I 1 1 1 1 1 I 1 1 10-N Table 6: Summary of Site Significance Evaluations Site Description Function Significance Evaluations 22078 Historic house lot with Ag, B & H D & E agricultural features, a burial feature, and a possible pre - Contact component 14652 Historic wall network BM A 81 D* Functional Interpretations Ag: Agriculture B: Burial BM: Boundary marker H: Habitation Code For Significance Evaluation Giteria A. Site a associated with evens that have made a significant contribution to the broad patterns of history. B: Site is associated with the fives of persons significant in the past. C. Site embodies the distinctive characteristics of a type, period, or method of construction; or is the work of a master, or possesses high artistic values; or represents a significant and distinguishable entity. D: Site his yielded or is likely to yield information important in prehistory or history. E: Site has Cultural Significance (hdau, shnne, burial, etc.). NS: Not Significant. NLS: No Longer Significant. Criteria A -D represent National Register of Historic Places criteria. Criterion E represents Hawaii Register of Historic Places criterion. NS and NLS represent designations acceptable to the DLNR-SHPD. *Significance evaluation previously determined by Sweeney and Burtchard (1995). 43 IConclusion ' An archaeological Inventory Survey has been completed on TMK: 7-8-11: 8. Two sites were present on the current subject properly. Site 22078, consisting of a habitation and agncultural complex, was present on Parcel 8. A portion of a previously recorded historic ' wall network, Site 14652, was also present on the subject property. The current investigations have determined the historic properties of Sires 22078 and ' 14652 are significant for their information content as well as their cultural significance. Archaeological Consultants of the Pacific, Inc., recommends that a determination be made that future construction activities would have an "adverse effect" on significant historic ' properties at these sites under the Advisory Council Regulations, 36 CFR 800. I 1 I 1 44 rAQ Bibliography r_. Armstrong, R.W 1973 Atlas of Haumt. Department of Geography, Uruversity of Hawaii. The University Press of Hawai, Honolulu. ' Brady, J.E., J. Kennedy and JR Moore 1999 "An Archaeological Data Recovery Report for the Malulatu Gardens Subdivision Located at TMK: 7-5-03:3, in Keopu 2'd Ahupua'a, North Kona Distract, Island of Hawaii." (DRAFT). AC'. Hale iwa. Burtchard, G.C. ' 1996 Poprlanm and Lmrd*z an dkKemdm Curs; The AfxAa Lurid Irrtartory Sunry, K&uba4 Noah Kura, Hauxai Z;iznL IAM, Honolulu. ' Cordy, R. 1999 letter "Review of Archaeological Inventory Survey - Bank of Hawaii, Honua'ula, North Kona, Hawaii TMK 7-5-07:2,9-10,27-28, 68." SHPD- DLNR Fornander, A- 1985 "Fornander Collection of Hawaiian Antiquities and Folio -Lore." Menars of r & Bemra Pratah Bulwp Musson. Volume VI, Part 11. Kraus Reprint of 1919 ediuon , Millwood, N.Y. ' Jones, B.A., J. Pantaleo and A. Sinoto 1993 "Archaeological Reconnaissance Survey of the Frazier Parcel, Keauhou Ahupua'a, North Kona, Hawaii Island (rMK 7-8-11:10,13)." Aid Sinoto Consulting, Honolulu. Kelly, M. 1983 Na Mala O Kara G nips ofKauz A Humry ofL and Use rn Kano, Hautra. Honolulu: Department of Anthropology, B.P. Bishop Museum. Kelly, M. and D.B. Barrere 1980 "Background History of the Kona Area, Island of Hawat'i." Department of ' Anthropology, B.P. Bishop Museum Newman, T.S. ' 1970 Hatu=ia r Ftsbvig and Famurg of dx Island tf Haumt m A.D. 1778. Honolulu, State of Hawaii, Dept. of Land and Natural Resources, Div. State Parks. 1 45 Pukes, M.K, S.H. Elbert and E.T. Mookun 1974 Aaw Nww of Hawas Revised and expanded edition. University of Hawaii Press, Honolulu. ' Sato, H.H., W. Ikeda, R. Paeth, R. Smythe and M Takehiro, Jr. 1973 Sort Surrey 9F dz Islmrd ofHcatrm, State of Hamsi. U.S. Department of Agriculture, Soil Conservation Service, In Cooperation with the University of Hawaii Agricultural Experiment Station. Government Printing Office, Washington D.C.. Schih; R. 1984 SubsrsrmwandCm,RrdrnKoru,H== An Ardxreafog dSwdycft Kmkmr Higinrny Rerhowart Cw7akr. Department of Anthropology, B. P. Bishop Museum. Honolulu. Spriggs, M.J.T. and P.L Tanaka 1988 Nd Mea 7mr 1 Ka Wd Kabr,6r: A» Annarated &b/iograpby of Havaaarr ,+rbaeology. Asian and Pacific Archaeology Series, Number 11. Social Science Research Institute. University of Hawaii at Manoa. Sweeney, M.T.K. and G.C. Burtdrard 1995 "Archaeological Inventory Survey of the Frazier Parcel, Keauhou, North Kona, Hawaii Island." IARII, Honolulu. 46 EXHIBIT E 4072793 1 037756-7 JOSEPH KENNEDY Principal Archaeologist ARCHAEOLOGICAL CONSULTANTS OF THE PACIFIC, INC. Kai Markell, Esq Mr. Kana'i Kapeliela Burials Program DLNR/SHPD 601 Kamokila Blvd #555 Kapolei, HI 96707 Aloha Kai and Kana'i '00 OCT -3 P 3 '20 August 7, 2000 Enclosed please find "A Burial Treatment Plan For The Proposed Bayview Phase II Subdivision Located At TMK 7-8-11 8, 10 and 13 In Keauhou 1` Ahupua'a, North Kona District, Island of Hawai'i We submit this document for your initial review Your comments are very important to us and we encourage your input as to form and content It is the wish of the landowner to have this matter addressed by the Hawai'i Island Burial Council as soon as possible. We would appreciate being placed on the agenda of the next council meeting. We thank you in advance for your kokua in this matter and look forward to hearing from you soon. Sincerely, _ Kehaulani P Kennedy Office Manager cc Mr Joe Spencer, Kamehameha Investment Corp 59-624 Pupukea Road - Haleme. Hawaii 96712 Telephone: (808) 638-7442 - Fax: (8081638-0703 E -mall: ArchaeologyPecfic®med.com or KennedyOleve net Inventory Surveys • Onto Recun y Studies • Monitoring • Bunal Treatment Plane • Katoncd Studies Qualified Expert Witness Testimony • Preservation Plana • NAGPRA Studies • Traditional Cultural Property Studies I 1 1 1 1 1 11 ,.-N Table of Contents Section 1 Introduction ................ ..... .......... 1 Figure 1. Project Location on a Map of Hawaii ........... 2 Section 2: Physical Setting .............................. 3 Figure 2• Location of the Subject Property on a U.S.G.S. Topographic Map ................................ 4 Figure 3• Location of the Subject Property on a TMK Map.. 5 Section 3: Site Descriptions ............................. 6 Figure 4. Site and Feature Location Map ................. 7 Figure 5: Top Plan of Feature 19651:7 .................... 10 Figure 6: Top Plan of Feature 22078:9 .................... 14 Section 4: LCA Research .................................. 15 Section S. Proposed Preservation Methods ................. 16 ReferencesCited ......................................... 17 Notices of Publication ........................... Appendix A Land Commission Award Information ................ Appendix B A Burial Treatment Plan for the Proposed Bayview Phase II Subdivision Located at TMK: 7-8-11: 8, 10 & 13 in Keauhou 0 Ahupua'a, North Kona District, Island of Hawaii Section 1: Introduction At the request of the Kamehameha Investment Corporation, Archaeological Consultants of the Pacific, Inc. (ACP) has prepared this Burial Treatment Plan concerning grave sites known to exist on a property located at TMK: 7-8-11: 8, 10 and 13 in Keauhou l" Ahupua`a, North Kona District, Island of Hawaii (see Figure 1). The property is currently owned by Kamehameha Investment Corporation. The current subject property has been the subject of two separate archaeological inventory survey investigations In 1994, International Archaeological Research Institute, Inc (IARII) conducted an inventory survey of TMK. 7-8-11: 10 & 13, known at the time as the "Frazier Parcel" (note: for the purposes of this document individual TMK parcels will be referred to by their parcel numbers; i.e., Parcel 8, Parcel 10 & Parcel 13) Those investigations identified two previously unidentified archaeological sites (Sites 50- 10-37-19650 & 1965 1) as well as portions of two sites identified during earlier investigations (Sites 50-10-37-14652 & 15243, note that in the remainder of this document only the individual 5 digit site numbers will be cited)(Sweeney & Burtchard 1995) In May 2000, ACP conducted an inventory survey of TMK 7-8-11: 8 Those investigations identified one previously unidentified archaeological site (Site 50-10-37- 22078)(Elmore & Kennedy 2000) The two inventory surveys identified three features which were determined to contain human osteological material. At Site 19651, Features 19651.7 and 8 were determined to contain grave sites interring the remains of a minimum of five individuals; Site 22078, Feature 22078 9 was also determined to be a grave site interring the remains of at least one individual. This plan makes recommendations concerning the treatment of the grave sites known to exist on the current subject property. Each of the grave sites is recommended to be preserved in place. A review of the sites identified during inventory survey investigations and the details of the measures to be taken to ensure preservation follows. I I I 1 1 1 1 1 1 1 1 1 1 Project Location Upolu Point North Kohala South Kohala North Kona ter- - -•� South Kona Kc ect Location on a Present District Boundaries Arc Depicted Bayview BTP TMK 7-8-11 8, 10 & 13 Hamakua / Nortn % Hilo South Hilo 1 Kau t .-IN of Hawaii 2 aQ Q �a>R%WAWI iictArms MAP Hilo Puna HAWAII 0 5 10 20 30 Scale m bttks N After Spriggs and Tanaka 1988 Section 2: Physical Setting The current subject property consists of a portion of the proposed Bayview Phase II 1 1 Subdivision located in Keauhou I" Ahupua'a, North Kona District, Island of Hawai'i (TMK 7-8-11 8, 10 & 13) These parcels lie between geographic grid coordinates 19'34' 05" to 19° 34' 20"N by 155° 57' 15" to 155° 57' 35"W and between Universal I Transverse Mercator (UTM) coordinates 2166450 to 216675OMN by 189500 to 190100mE (see Figures 2 & 3) The subject property covers a combined area of 16.63 acres and is bounded by undeveloped lands to the south and east, the Hale Kehau ' Subdivision to the west and the Bayview Estates to the north. I The project area is located between 700 and 1200 meters (m) from the coast and its elevation ranges from approximately 280 to 500 feet above mean sea level. Located in a dry leeward climate, rainfall on the property averages between 30 and 40 inches per year ' and the mean annual temperature is 75 degrees Fahrenheit (Armstrong 1973.63-64) Keauhou I" Ahupua'a lies on the southwestern slopes of Hualalai volcano. The ' volcano's undulating slopes consist of Pleistocene to recent lava formations primarily comprised of alkalic and olivine basalt of both the aa and pahoehoe types (MacDonald, Abbott, & Peterson 1983.364) The ground surface on the slopes of Hualalai generally ' consists of a thin soil mantle over bedrock with exposed pahoehoe outcrops visible across the landscape ' Sato et al (1973) describe the expected soils on the subject property as Kaimu extremely stony peat (rKED). These soils are described as consisting of "very dark brown extremely stony peat about 3 inches thick ... underlain by fragmental Aa lava" ' (Sato et al 1973.22) However, inventory survey investigations found that the soils on the subject property differed somewhat from the descriptions of Sato et al. consisting of deposits of silty loam resting atop fragmented aa The stratigraphy encountered predominantly consisted of a single layer of dark brown silt loam, although this deposit was occasionally underlain by a stratum of dark yellowish brown silt loam. Compared with other locations at similar elevations iii the North Kona region, the deposits on the subject property were found to be rather deep (reaching greater than 130cm in at least one location) Vegetation in the project area consists predominantly of historically introduced grasses and trees Ground cover consists of a variety of exotic grasses including California grass (Bracharta mutica) and elephant grass (Pennisetum purpureum) as well ' as lantana (Lantana camera) and air plants (Bryophyllum pinnatum). Trees form scattered stands which are dominated by haole koa (Leucaena glauca) and Manila tamarind (Pithecellobium dulce) Several other plant species are present either ' individually or in small clusters Species observed include papaya (Carica papaya), mango (Mangifera indica), plumeria (Plumeria acuminata) and macadamia (Macadamia integrijolia) No streams or springs are present in this area The dominance of ' introduced species provides an indication of how dramatically land use has changed during the post -Contact period 1 1 I �l 1 1 Figure 2• Location of the Subject Property on a U.S.G.S. Topographic Map ll KanaluFe$!pJ y,Fip NOipu.. KePuanilI�Y%01 I ' ater-r (nu •�_ �\\r-, snits / Kalaav o Kalaka[kf•, AL-;'• I `'d. �\ 'o .'\�`, '• li s.&�ovcrr G� I� • 1 J I / r ;•Helaus:, ; Papakoholua Ilea Hew a � �� ,'\� c'1 .119 ~� �\`~ •^� k. Sewage Disposal -Subject Property I( _ Plant -: Golf Course,; •RcxkS g`Sign'o7r— 'lgc, aWesq BID'* ' Kcav7�gi- r,Blrithplace'' —�__ -�� r� r• - Kaukalaelae Pt `\ \ Ke,vincr Coast N 11 0 500m Bayview BTP K 7-8-11 8, 1 Golf Course t? _ 3 bekeleke o Bay ` Kualarrui Pt I r, r?Jlifl fi roJ HCl f'.' ` r„amco Peitle _ r ,llnahr Bay Water 13 Source U S G S 7 5 Minute Series (Topographic) Kealakekua Quadrangle 1982 4 1 1 1 .-� r. 1 -IN Section 3: Site Descriptions ' The current subject property was previously investigated through comprehensive archaeological inventory surveys conducted by IARII on Parcels 10 and 13 and by ACP on Parcel 8 (Sweeney & Burtchard 1995 and Elmore & Kennedy 2000). Three ' previously unidentified archaeological sites were documented during these investigations (Sites 19650, 19651 & 22078) and within two of these (Sites 19651 & 22078), three grave sites believed to inter the remains of at least six individuals were identified (Features 19651 7 & 8 and 22078:9) In addition to the sites documented on the subject property during the inventory ' surveys, previous investigations conducted in the Keauhou area have identified historic wall networks that have been grouped into three sites (Burtchard 1996:61). One of the walls of the Central Wall Network (Site 14652) was found to form the southern boundary ' of the current subject property and additional segments of the network form the walls which enclose Site 22078 Sweeney and Burtchard identified the wall forming the southern boundary of Parcels 10 and 13 as a segment of the Central Wall Network and ' determined that it was not directly associated with Sites 19650 and 19651 On Parcel 8, however, the segments of Site 14652 which enclose the parcel were determined by ACP to be an integral part of Site 22078 and were therefore designated Feature 22078 1. ' A portion of the Keauhou Trail (Site 15243) is also located within the subject property The trail runs along the southern boundary of Site 19651, through the center of ' Site 19650, and along the northern boundary of Site 22078 (see Figures 3 & 4). This trail is one of several documented for the Keauhou area which linked inland agricultural resources with coastal residential sites. It has been suggested that by 1929 the Keauhou ' Trail was the only inland heading trail still in use (Cordy 1989 14) Informant testimony - - cited in Sweeney and Burtchard corroborates this hypothesis providing Ms Lily Kung=s- ' recollections of using the trail in the 1930's to visit acquaintances and go to school Sweeney and Burtchard describe the trail as a "narrow road" (1995 16) ' A brief description of the sites identified on the subject property during inventory survey investigations conducted by IARII and ACP is presented below including complete descriptions of those features which were determined to be grave sites 1 1 1 1 1 l Figure 4: Site and Feature Location Map nvtmate Bwndaq of S.I. 22076 I 'i N 0 50m i Fa F. ` C \ © ` a F. Appmaum.m Bwnduy 1 j of Site 19651 vi F. 6 1 C � i R.vv.rw RTP TMK 7-8-11 8. 10 & 13 Archaeoloelcal Consu r.2Q Pemm o! Sne 14632 1 •� ..1 iii' Approf Boundary of Site 19650 Site 1 Prc 50-10—a7-1 18950 10 Kntdnu had (Site 15265) 1 �+F. 2— \ l I 'i N 0 50m i Fa F. ` C \ © ` a F. Appmaum.m Bwnduy 1 j of Site 19651 vi F. 6 1 C � i R.vv.rw RTP TMK 7-8-11 8. 10 & 13 Archaeoloelcal Consu 1 1 1 1 Site 19650 Site 19650 consists of an agricultural complex located on Parcel 13 (see Figures 3 & 4) The site was documented by IARII during the inventory survey of what was at the time known as the Frazier Parcel The site was described as, a series of modified rock outcrops, poorly sorted rock mounds and a single upslope-downslope stacked rock alignment A section of the Keauhou Trail (Site 50-10-37-15,243) crosses the approximate center of the site from west to east A portion of an historic wall complex (Site 50-10-37-14,652) constitutes the site's southern boundary Here the eastem-most portion of the wall is associated with LCA 10,258 3 located immediately southeast of the project area It is likely that many, perhaps most, of the features now identified as Site 19,650 are associated with late prehistoric/historic use of the Keauhou Trail .. and use of surrounding historic period LCA's and grants . Plausibly, mounds and modified outcrops are a product of field clearing for garden space or pastureland, and/or clearing associated with widening the Keauhou Trail to accommodate wheeled vehicles (Sweeney & Burtchard 1995 23-24) The inventory survey determined that Site 19650 was a significant cultural property under criteria "A" and "D" (i.e., associated with significant trends in history and having the potential to yield significant information concerning history or prehistory) No further archaeological investigations were recommended for this site. Site 19651 Site 19651 consists of "historic period walled enclosures and historic/prehistoric terrace platforms" (Sweeney & Burtchard 1995) Features are located on both Parcels 10 and 13 (see Figures 3 & 4) This site was also documented by IARII during their inventory survey of the Frazier Parcel. Site 19651 was described as being in a; landscape (which) is dominated by a series of three large historic period enclosures, subfeatures directly associated with these enclosures, a walled platform, three terrace platforms, and a walled possible grave site area Walled enclosures are clearly of historic origin and arc shown on early maps of the area (e g., Podmore 1924-25) All walled features appear to be associated with LCA 7327 (Sweeney & Burtchard 1995 31-32) As with Site 19650, the inventory survey determined that Site 19651 was a significant cultural property under criteria "A" and "D" (i e , associated with significant trends in history and having the potential to yield significant information concerning history or prehistory) In contrast with Site 19650, Site 19651 was recommended for data recovery In addition, it was recommended that care be taken "to determine the precise location" of potential burials believed to be located at Features 19651 7 & 8 and that these, "be isolated ana treated in accordance with Hawai'i State burial procedures " IARII also recommended that, "any future mitigation plans should be made with the consultation of Mrs Kong and other descendants as appropriate" (Sweeney & Burtchard 1995 50) As discussed above, two of the features identified by IARII at Site 19651 were described as potential grave sites (Features 19651 7 & 8). IARII had made the determination that these features were potential grave sites based upon informant testimony in conjunction with observations of structural morphology. Information currently available regarding both features follows Feature 19651 7 was described by the inventory survey report as a small walled enclosure having an interior which contained a "prepared cobble surface with a slightly elevated terrace platform and 1 5 x 2.0 in depression" (Sweeney & Burtchard 1995:34). At the time of the inventory survey an informant suggested the area was a grave site although no testing was undertaken. Subsequent to the inventory survey, ACP was requested by the landowner to conduct a limited amount of subsurface testing at this feature in order to determine if burials were indeed present Investigations at Feature 19651 7 The investigation of Feature 19651:7 took place under the supervision of the Principal Investigator, Joseph Kennedy, M A.. Fieldwork was conducted by MaryAnne B Maigret, M A, and Michael O'Shaughnessy, B A., on July 7`^ and 9w, 2000. Feature 19651 7 is located along the northern boundary of Parcel 10 (see Figures 3 & 4) The location of Feature 19651 7 had been documented by IARII but no detailed top plan of the feature was presented in their inventory survey report. Therefore, the feature was sketch mapped in detail using tape and compass. The feature was found to have been impacted by the construction of a fence which passed through the northwestern corner of the structure This fence was determined to have been built following the property line separating Parcels 10 and 13 from TMK. 7-8-11. 9 Prior to the construction of the fence, it is believed that four walls enclosed the feature and at that time the feature partially extended onto TMK 7-8-11: 9 At the time of the current invcstigattunS, portions of thrce walls and the paved cobble surface in the interior of the enclosure remained (see Figure 5) These portions of the feature are — located entirely within Parcel 10 with the disturbed portions of the feature found across the fence line on TMK 7-8-11. 9. ' The walls of Feature 19651 7 are bi-faced and core filled standing from 40 to 100cm above ground level They are constructed of angular basalt stones 5 to 30cm in ' diameter In some spots the walls are somewhat deteriorated and, as stated above, in the northwestern comer of the feature the walls are no longer intact The walls forming the southern and eastern sides of the enclosure measure approximately 9m in length each ' indicating that the feature, prior to being disturbed, likely measured approximately 9m by 9m in size ' In the interior of the enclosure is a slightly raised pavement within which two distinct, oval shaped depressions were observed (see Figure 5). The pavement measures approximately 4m by 4m in size It is paved with angular basalt cobbles measuring 10 to 9 I I I 1 1 1 0 1m I - MN [601 ure 5: Top Plan of Feature 19651. yt„ 9 401b 46 1% &qr- Bayview BTP TMK 7-8-11 8, 10 & 13 10 Archaeological Consultants of the Pacific, Inc 2000 KEY Stone 40 P[umena Faced Section QDepression/ Collapsed [201 cm AGL Bayview BTP TMK 7-8-11 8, 10 & 13 10 Archaeological Consultants of the Pacific, Inc 2000 40cm in diameter The depressions were roughly aligned north to south with one being found on the eastern side of the pavement and the second located on the western side of I the pavement The depression located on the eastern side of the pavement measures 120cm in length by 45cm in width and is sunken between 10 and 15cm into the surface of the pavement The depression located on the western side of the pavement measures 160cm in length by 70cm in width and is also sunken between 10 and 15cm into the surface of the pavement Two excavation units were placed within the pavement located in the interior of Feature 19651 7 Excavation Unit 1 was placed through the depression located on the western side of the pavement (see Figure 5). Excavation encountered a single course of stones overlaying a deposit (Layer I) of loose silty loam. The looseness of the soil is believed to indicate that Layer I is fill as opposed to a natural deposited stratum. At a depth of 70cm below surface (cmbs), deteriorated lumber with sections encased in ' decayed metal strapping were encountered. These materials were determined to likely represent the remains of a coffin and excavation was terminated. The unit was refilled and the paving replaced ' Excavation Unit 2 was placed through the depression located on the eastern side of the pavement (see Figure 5) As with Excavation Unit 1, the excavation of tlus unit encountered a single course of stones overlaying a deposit (Layer I) of loose silty loam At a depth of approximately 90cmbs a diffuse transition from Layer I to Layer Il, a more coarsely grained loose silty loam of a slightly lighter color, was observed. The looseness of both strata is again believed to indicate that Layers I and II represent fill as opposed to natural deposited soils At a depth of I I7cmbs, detenorated lumber with sections ' encased in decayed metal strapping were encountered. Remnants of a finely woven black cloth were observed clinging to one side of the wood. At the same depth, a small black cut glass bead was also observed These materials were determined to likely represent the remains of a coffin and burial goods. None of these materials were removed from the unit and excavation was terminated. The unit was refilled and the paving replaced These investigations confirmed that Feature 19651.7 is indeed a grave site. At least two burials are interred within this structure The presence of coffin remains and historic burial goods indicates that the bunals date to the post -Contact period ' Evaluation of Feature 196.518 ' Feature 19651 8 was described by IARII as a "Large Fenced Enclosure" dating to the post -Contact period (Sweeney & Burtchard 1995.35) IARII's inventory survey report indicated that the enclosure contained a house site and cited a map dating to 1924- 25 which depicted a building in the center of the enclosure Informant testimony provided by Ms Lily Kong indicated that this feature was the location of a family residence and that as a young girl she had lived in the house with her sister and a couple ' known as (wane and May Kila Sweeney and Bunchard also cite Ms. Kong as indicating that two grave sites were present within Feature 19651 8 although the only observable evidence of these sites was a number of concrete fragments located near the northern 11 1 1 1 1 11 boundary wall (see Figure 4) The absence of observable evidence of the former house site or grave sites was attributed to the conversion of the enclosure to an orchard following its use as a residence. At the request of the landowner, on June 30th, 2000, ACP representatives Kehau Kennedy and MaryAnne Maigret were graciously joined by Ms. Lily Kong in conducting a field visit of the current subject property At Feature 19651 8, Ms. Kong identified two locations at which she confirmed that burials were present The first of these was the grave site of her brother, Harry Haamo Jr. The second location was said by Ms. Kong to be the grave site of a couple known as the McKeague's Ms. Kong confirmed that these were the same individuals that Sweeney and Burtchard had called "McCabe". The McKeague's were known to have occupied the residence following Iwane and May Kila. This information does not entirely correspond with the information provided by IARII who indicated that it was (wane and May Kila and Ms. Kong's infant brother who were interred at Feature 19651 8 (Sweeney & Burtchard 1995:35). During the field visit, Ms Kong stated that her desires were to have the grave sites preserved in place She requested that no subsurface testing be conducted to confirm the presence of burials. Ms Kong also indicated that if additional burials were identified on the property she would request that they not be reinterred in the same area as the McKeague's and Haamo Jr. Site 22078 Site 22078 consists of a habitation/agricultural complex located on Parcel 8 (see Figures 3 & 4) Twenty-nine features were recorded at this site, including an enclosure wall, the collapsed remains of a wood frame building, stone walls, terraces, small enclosures, a pavement with bunal(s), mounds and modified outcrops Site 22078 is entirely enclosed by a stone wall (Feature 22078 1). This rectangular stone wall is a portion of the historic wall network, Site 14652, originally recorded by Jones et al. (1993) The wall is primarily of a bifaced core filled style although intermittent stacked rock segments can be found in some sections It is likely that this wall dates to the post -Contact period due to its construction style and its likely association with the LCA present on Parcel 8 (LCA 10258 3) The wall follows the boundaries of LCA 10258 3, and may have been constructed dunng the time of the Great Mahele as was common practice during that time to demarcate property boundaries for land claims The site is comprised of two components One set of features located towards the center of the parcel forms a habitation complex which had been inhabited in the post - Contact period and may have been utilized in the pre -Contact period The second component of the site consists of numerous agricultural features primarily found makar (west) of the former residence 12 1� ,-N Six features are believed to be directly associated with the habitation complex found in the center of the subject property. Feature 22078:4 consists of a small stone enclosure located adjacent to Feature 22078:5 According to Ms. Lily Kong, Feature 22078 4 was the former location of a water tank Feature 22078:5 is the collapsed remains of a small wood frame building. This historic house was discussed in Sweeney and Burtchard's (1995) inventory survey report for the Frazier Parcel (Parcels 10 and 13). They cite informant testimony from Ms. Kong stating that she remembered visiting her "tutu", Annie Kauihana, who lived in a house (likely Feature 22078:5) on LCA 10258:3 in the 1930's (Sweeney & Burtchard 1995:16) Feature 22078 5 rests atop a pair of well constructed terraces (Features 22078:6 & 7) which together form a two tiered structure. Feature 22078:6 is located along the makai side of the historic house (Feature 22078:5) and is smaller than Feature 22078:7. Feature 22078.7 is a relatively large terrace located makai of Feature 22078:6. An exact determination of age and function for these terraces could not be determined, however, the size and formality of their construction suggests a function other than agriculture. It is possible that this two tiered terrace structure represents a pre -Contact period habitation site upon which the historic house was later constructed. Immediately to the north of Features 22078:5, 6 & 7 is a small stone walled enclosure (Feature 22078:8) which was said by Ms. Kong to have been used for storing bundles of lauhala The final feature associated with the habitation complex (Feature 22078:9) consists of a small paved area located to the south of Feature 22078.7 (see Figures 4 & 6). The pavement measures roughly 4 5 by 4 5m in size and is constructed of angular basalt stones measuring approximately l Ocm in diameter. Single stone (30 to 50cm in diameter) alignments were present along the edges of the pavement, and remnants of possible alignments were noted across the surface of the pavement An excavation unit (ST3) was placed within this feature. A small amount of historic materials were present in the stone fill. Rocky soil was encountered below the stone fill with small amounts of historic materials, coral and shell continuing to be encountered with depth. Large Stones were encountered at IDWcmbs, only one of which could be lifted out Below this stone, coffin hardware with attached fragments of wood were encountered confirming the presence of a human burial. No further excavation was conducted at this location, and the soil and artifacts were immediately back-filled. Upon visiting the site with ACP staff, Ms Lily Kong gave testimony that the burial encountered was that of her "tutu man" Iwane Based upon the presence of remnant stone alignments across the surface of the feature, it is possible that an additional bunal(s) may be present within the structure The remaining features of Site 22078 were determined to have likely been utilized in association with agricultural activities. These include three stone walls (Features 22078 2, 10 & 26), six small terraces (Features 22078 3, 13, 17, 19, 20 & 28), one small enclosure (Feature 22078.18), two modified outcrops (Features 22078 12 & 14) and ten stone mounds (Features 22078 11, 15, 16, 21, 22, 23, 24, 25, 27 & 29) 13 W.11 Continua 14 Pigure 6: Top Plan of Feature 22078:9 ftb met' wo J4 e 4e r soil MN � + 0 tm Bayview BTP TMK 7-8-1I 8, 10 & 13 rcnu.w Iv 14 w.n Archaeological Consultants of the Pacific, Inc 2000 KEY Stone Metal Bowl [201 cm AGL Bayview BTP TMK 7-8-1I 8, 10 & 13 rcnu.w Iv 14 w.n Archaeological Consultants of the Pacific, Inc 2000 Section 4: LCA Research During the Great Mahele of 1848 the entire ahupua'a of Keauhou I" was awarded to Victoria Kamamalu (LCA 77 13) with the exception of a number of apana awarded to individual maka'ainana Numerous kuleana claims were made in the ahupua'a, and fifty LCA's were awarded. Land use for these LCA's was summarized by Tomonan-Tuggle I Residences were primarily along the coast, generally occurring as stone wall -enclosed house -lots containing up to five houses Within house -lou were a variety of garden plants, including kou, kala, hau, papaya, loulu palm, pineapples, nom, coconut trees, and ' "some flowers for beautification " ...At Keauhou Bay, houselots are located primarily on the promontory between Keauhou and He'eia Bays There were at least four trails in Kahalu'u and Keauhou I which led to the upland cultivation areas Upland agriculture ' occurred primarily between 1000 to 1700 ft above sea level. .Only to Keauhou 1 do agricultural parcels extend all the way to the coast This occurs to a strip of shallow gullies with well -drained, thin organic soils overlying an 'a'a base (in Burtchard 1996) ' The subject property contained portions of four Land Commission Awards, LCA's 7327, 9701, 10258.3 and 11046 1. This and other nearby LCA's have been reviewed by Sweeney and Burtchard (1995). Appendix B presents a table from their ' report summarizing LCA's on the property and the immediate vicinity. 15 Section 5: Proposed Preservation Methods In summary, there are six, identified, individuals buried on the subject property One contained within Site 22078, Feature 9, and the other five in Site 19651, three individuals in Feature 8 of this site and two individuals contained in Feature 7. As mentioned earlier, it is the wish of Kamehameha Investment Corporation to preserve all these individuals in place In order to achieve this end several components are necessary to the process. To begin, notices of burial discovery were placed in three newspapers, The Honolulu I Advertiser/Star Bulletin (legal ad), West Hawaii Today and Ka Wai Ola o OHA. (see Appendix A) There were a number of respondents to these ads and other calls for lineal descendents including Ms Lily Kong, Ms. Beverly Amaral, Ms Kawehi Kanui, Anne ' Kanui, Maxine Ching and Mr. Moses Iokua The Department of Land and Natural Resources, Burials Program is responsible for the verification of descendents claims. ' Next, prior to any construction activities a conference shall take place between the archaeologist and the construction foreman. In this meeting the nature of the preserved ' sites must be discussed and temporary buffer zones will be established in order to acquaint all parties with the importance of the sites and establish the limits of grubbing and grading A temporary, high visibility fence shall be constructed and flagged around the three features that contain human osteological material; this temporary buffer zone shall measure 70 feet in all directions from the features in question. ' Once the grubbing and grading activities are completed, the temporary fence will be replaced by the construction of dry masonry, low stone walls that will define the limits of the permanent buffer zone at 25 feet in all directions from the features in question ' The rock material used in these constructions will be obtained from existing rock walls on the property There will be no future excavation within these permanent zones ' The interior of the preserved area within the permanent buffer zones shall be managed and maintained by the current landowner or their responsible successors Non - indigenous plants shall be removed from the preserved area and replaced with native species Finally, access to the preservation areas for lineal and cultural descendents shall ' be facilitated through the current landowners or their responsible successors 16 /0-. References Cited WO I Armstrong, R W. 1973 Atlas of Hawaii. Department of Geography, University of Hawaii University Press of Hawaii. Honolulu Burtchard, Greg C ' 1996 "Population and Land -use on the Keauhou Coast The Mauka Land Inventory Survey, Keauhou, North Kona, Hawai'i Island. Part I. Narrative " On file at DNLR-SHPD Cordy, Ross 1989 "Initial Information on Trails in Keauhou 1 Ahupua'a, North Kona, Hawai'i Island". On file at DNLR-SHPD. ' Elmore, Michelle and Joseph Kennedy 2000 "An Archaeological Inventory Survey with Subsurface Testing Report for a Property Located at TMK. 7-8-11: 8 in Keauhou I" Ahupua'a, North Kona District, Island of Hawaii" DRAFT On file at DNLR-SHPD. ' Jones, Bruce A., Jeffery Pantaleo and Aki Sinoto ' 1993 "Archaeological Reconnaissance Survey of the Frazier Parcel, Keauhou Ahupua'a, North Kona, Hawai'i Island (TMK 7-8-11:10, 13)" On file at DNLR-SHPD ' MacDonald, G A., A.T. Abbott, and F.L Peterson ' 1983 Volcanoes in the Sea The Geology of Hawaii. Second edition University of Hawai'i Press, Honolulu. ' Sato, H H , W Ikeda, R Paeth, R. Smythe and M. Takehiro, Jr 1973 Soil Survey of the Island of Hawaii, State of Hawaii U S Department of ' Agriculture, Soil Conservation Service, In Cooperation with the Universitv of Hawaii Agricultural Experiment Station Government Printing Office, Washington D C Sweeney, Maria T K and Greg C Burtchard I1995 "Archaeological Inventory Survey of the Frazier Parcel Keauhou, North Kona, Hawaii Island" On file at DNLR-SHPD 17 ' APPENDIX A ' Notices of Publication I 1 1 1 1 1 1 IIN THE MATTER OF UBLIC NOTICE PUBLIC N0710E ' NOTICE is ImM GIVEN that Archaeol0 cCal ific,Consultants rep1 ' sentlog Karrm"In ha Vestment Corporation M TIAM 13) 7 11: tjical o 12 At east two i ' marked burial sites b been previously Met W as these parcels Bated to Keadiou lel ai MM Based on Aylislk trs� and ebell that the remains most Bkely Hawallar Proper treatment occur in accordance chapter SE of the Ih � �siSta� Tb2 to WE in placesiou ordisinter relocate the brae maw absil be mad the HAWAII Island CC49= in eoneert the wisbes of linea ' The CauoeH IS ret lnA D4S1DEN1 WA 1EPN M L 1 1 or coatset ad of at 592-11015 or 0,e5361.— Kennedy of ACP At (00) ti9&142 to pre -Rd bdar- matlte ppm pna �tm�mt oInd ��e- 0&13 r mat be able to�ately dOu" onatrate a fait* eomar tion to the bumil or the aho a of Kesubw ISL Hoa. Adv- July 9, 2000) (A -55K1 Al AFFIDAVIT OF PUBLICATION STATE OF HAWAII City and County of Honolulu SS Valerie L Yanagihara being duly sworn, deposes and says that she is a clerk, duly authorized to execute this affidavit of the HAWAII NEWSPAPER AGENCY LIMITED PARTNERSHIP, a partnership of GANNETT PACIFIC CORPORA- TION,_ publisherof the HONOLULU ADVERTISER, and LIBERTY NEWSPAPERS LIMITED PARTNERSHIP, publisher of the HONOLULU STAR-BULLMN, that said newspapers are newspa- pers of general circulation in the stare of Hawaii, and that the attached notice is a true notice as was published in the aforereferenced newspapers as follows: The Honolulu Advertiser: times, on Honolulu Star -Bulletin: times, on Sunday edition of The Honolulu Advernser: one times, on July 9, 2000 and that affiant is, not a parry to or in any way interested in the above entitled matter. / /1" a , rt Subscribed and sworn to A.D. 20 00 ELSIE A. MAFIUYAMA 0aouiu°naun �pTA/Q9y SS ox... BL) P\`c 0 this 9th day of July .�'eiS ' Nognry Pubic of the F J :rad CZ#r Sime of Ha i March 7, 2004 My comnatston erprres IN THE MATTER OF pUE NOTICE Is ' ml Consultants at me m otic, Inct (ACP) rePre- seatbrg Kamebamebe In- ' vestment Corporation In an archaeolotieal Andy of TMIL (3) 7..33-.11. 10 and murk d least al sits bove 1mt setva�tians�iodi�do 1plimony, It u be that the remain ' mart'"' Hawai, Proper treatment mm is aomrdam mmuterr 6E e I min don is 6 the Ca the or ' NOI Ul 1 POe AW , ' II>e awy c0i the of ia'an Wahllant of Was State Histone Presava- tion Division at (608) 663--n6e0d155 or Kebaulan11 ' of ACPtlnfor- 638-741! to rpesent matlou regarding APP* treauomtInddi �d- pprute remain Individ- ' must be uals respondingmust uals r to a 7 dem- omtable onstrate a family Mow' farm tion to the burins OF the t abupua'a of Hesubou 11t. (Holt2WO) Adv_ Jul (A165008) FM STATE OF HAWAII City and County of Honolulu AFFIDAVIT OF PUBLICATION SS Grace Santos being duly sworn, deposes and says that she is a clerk, duly authorized to execute this affidavit of the HAWAII NEWSPAPER AGENCY LIMITED PARTNERSHIP, a partnership of GANNETT PACIFIC CORPORA- TION, publisher of the HONOLULU ADVERTISER, and LIBERTY NEWSPAPERS LIMITED PARTNERSHIP, publisher of the HONOLULU STAR -BULLETIN, that said newspapers are newspa- pers of general circulation in the state of Hawaii, and that the attached notice is a true notice as - was published to the aforereferenced newspapers as follows The Honolulu Advertiser• two times, on July 12, 13, 2000 Honolulu Star -Bulletin, times, on Sunday edition of The Honolulu Advertiser times, on and that affiant is not a parry to or in any way interested in the above entitled matter. Subscribed and sworn to before me this A.D. 20 00 v+.rs:m.�rr• ---``d•q��uinu..... ' Sia. orn Hama ma may\' It,OT�Ry9 VBL%G r. c OF 13th day of JUIY 7, 2004' IIN THE ,MATTER OF BLIC NOTICE a Ideatliled at i o nsmarked bu too at TM1L (3) 011900, 001, and 010, Ruling Ist shops rib fined oo styWtic ppier6B of the 11 ixd Statute$ re burial sites. The whether to Me of r, or who may save ledgetoto a remainsmodi contact [als'au W of the State Bin - it (eW 13 or glad Kennedy of at (SM) 6347445 to at information re - [se sooropriate spowttog mut be sbh degntely demoutr family aue la the or the a pua'a of Kauhou tat (Ho; Adv: Jane SSS 1 A3 PUBLIC NOTICE I AFFIDAVIT OF PUBLICATION NOTICE IS ItIILEBY VEN GIthat cal Consultants d We tear. Ise (ACP) senting Kamehameha SPATE OF HAWAII vestment C4) rN City and County of Honolulu SS has identified at tansy two unmarked bsrlal sites at TMB: (J) 7 01bm M. and Wk Br ! Valerie L Yanaglhara being duly swom, ashos int shspss% Nath Bona D4trA 1s. deposes and says that she is a clerk, duly authorized to execute land Baud as mume + is affidavit f E.seI ththe HAWAII NEWSPAPER AGENCY LIMITED �davit o aerutfons and l - it I PARTNERSHIP, a partnership of GANNETT PACIFIC CORPORA- ty�y' ruemaLs77ON, publisher of the HONOLULU ADVERTISER, and LIBERTY most �d7�rr'"� I NEWSPAPERS LIMITED PARTNERSHIP, publisher of the proper treatment sW1 O �occaurpt �Sri aomrdasce wtlt 'HNOLULU STAR -BULLETIN, that said newspapers are newspa- Derised �la� � i pers of general circulation in the state of Hawaii, and that the tog burial stir lhedad attached notice is a true notice as was published in the Won wbetber to prss�w in plans or dt+arder and aforereferenced newspapers as follows: nlsiato the hsmr R Miss shag be made The Honolulu Advertiser: two times, on Nia Bawa9 lsiaad BMW Oradl in Contort U June 21,22, 2000 the W of lard de. The�Coo0e8 b isosntf? - tsg DS8CFd1DENTdra� Honolulu Star -Bulletin: two times, on MADE �Jtsysg),a XXOBULU or 4I June 21,22, 2000 1W NABA'ANiI ofor RAW WHO Sunday edition of 77te Honolulu Advertiser: times, on ONCE LIV® IN YZA[L NOU Lot ARUPUA'JL; NORTH KONA DIS- ! _ TAICr, or who may have knowledge n=�arrk� than remdr to ins t I and that affiant is nOt a arty to or in any way interested in the above slat eostact Bala' I entitled matter. Wah� d the Stale brit Prrervntbs Oho{ dee at (M) 6"41S carr r Kabaulani Kennedy ACP at (101) OW7415 tq ; present information meartion rtr�{ gtrotiing aptJrn a Subscribed and sworn to before 22nd day of June A.D 20 00 spmding must be able' adaquntely�ant a ign the burials er Ibe Namy Pubdc of i Judicial circus pan's d Keaubos >rt ELS1E A. MARLIYAMA srarofNmwrr March 7, 2004 (Ron. S. -B. Janea5l, >; fao6) (ur^+q \``\\"���1��Iul�q,l„i' Mr caanulnM e[Wnt y_fc P ' M..... c LOTARk; 7' ?? N pV9LS P\*a T' I IIN THE ,NATTER OF PUBLIC NOTICE I PUBLIC NOTICE Nor= 3 EMU GIVEN that Arehaed cat Comottanu of the ' drie, Irc. (ACP) re stating Kameha,new reatmat Corporal bas Identified at I sumarked be Ides at TIML () 011.006, M. and oto• Babes lot &hope North Koss District lead at Rawatl ' Beed on 91711511c aerv&tiom and inforn tedimsay, it is belt that the remain moat Ilkely h"lan proper ncetreatment I o�ya&apr{ to accorda' of the He Revised 6mataW rel ' tag burial sites. She t eS V plata or dWwbellm to i rercate the begun theeHHaw�abe ll r*2mad d Caused 1 the vbkri contort of lb" ' ROU let ABUPI NORTH KONA TRICT, or who may knowledge refs, ' these remain to Int ately eoouet Ka waof the State toric pteser"don aloe at (m6) t6Ad0 Kahan" Reared ACP at(506) M74 preant frlormatia gerdin6 apppro tratmeot of the 'quell" 6 taud� adequately demon: B fame co&nsed, or the ' I pus's of Kesuhou I (Hou Adv- Jane moo) (A - .-, A4 STATE OF HAWAII AFFIDAVIT OF PUBLICATION City and County of Honolulu X55 Valerie L Yanaglhara being duly sworn, deposes and says that she is a clerk, duly authorized to execute this affidavit of the HAWAII NEWSPAPER AGENCY LIMITED PARTNERSHIP, a partnership of GANNETT PACIFIC CORPORA- TION, publisherof the HONOLULUADVERTISER, and LIBERTY NEWSPAPERS LIMITED PARTNERSHIP, publisher of the HONOLULU STAR -BULLETIN, that said newspapers are newspa- pers of general circulation in the state of Hawaii, and that the attached notice is a true notice as was published in the aforereferenced newspapers asfollows- The Honolulu Advertiser- times, on Honolulu Star -Bulletin: times, on Sunday edition of The Honolulu Advertiser one times, on June 25, 2000 and that affiant is no a parry to or in any way interested in the above entitled matter. Subscnbed and sworn to before me es 25th day of lune AD 20 00 ELSIE A. MARUYAMA I ��"��N`duunupgry'i 9 tp Naary N&IC i Sime of Hn"a My caT ebbs 7, 2004 Comefi h ` ESCEPAD pIMO(1C f KEOHMU or ' RU (LCA 01 IWANE, BA'A KAUDIANA, ON oONCE L -M 11 ' ROU let ABUPI NORTH KONA TRICT, or who may knowledge refs, ' these remain to Int ately eoouet Ka waof the State toric pteser"don aloe at (m6) t6Ad0 Kahan" Reared ACP at(506) M74 preant frlormatia gerdin6 apppro tratmeot of the 'quell" 6 taud� adequately demon: B fame co&nsed, or the ' I pus's of Kesuhou I (Hou Adv- Jane moo) (A - .-, A4 STATE OF HAWAII AFFIDAVIT OF PUBLICATION City and County of Honolulu X55 Valerie L Yanaglhara being duly sworn, deposes and says that she is a clerk, duly authorized to execute this affidavit of the HAWAII NEWSPAPER AGENCY LIMITED PARTNERSHIP, a partnership of GANNETT PACIFIC CORPORA- TION, publisherof the HONOLULUADVERTISER, and LIBERTY NEWSPAPERS LIMITED PARTNERSHIP, publisher of the HONOLULU STAR -BULLETIN, that said newspapers are newspa- pers of general circulation in the state of Hawaii, and that the attached notice is a true notice as was published in the aforereferenced newspapers asfollows- The Honolulu Advertiser- times, on Honolulu Star -Bulletin: times, on Sunday edition of The Honolulu Advertiser one times, on June 25, 2000 and that affiant is no a parry to or in any way interested in the above entitled matter. Subscnbed and sworn to before me es 25th day of lune AD 20 00 ELSIE A. MARUYAMA I ��"��N`duunupgry'i 9 tp Naary N&IC i Sime of Hn"a My caT ebbs 7, 2004 I I I 1 1 MIR A5 AFFIDAVIT OF PUBLICATION State of Hawaii ) ) SS: County of Hawaii ) Lorelei duly sworn, deposes and says: being fust 1. That she is the Advertising Administrative Assistant of WEST HAWAII TODAY a newspaper published in the City of KAILUA-KONA State of Hawaii. 2. That the" NOTICE IS HEREBY GIVEN that Archaeological Consultants of the Pacific, Inc. (ACP) represents Kamehameha Investment ", of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) I July 12, 13 and 16 1 I 1 >f200getc.) Subscribed and sworn to before me this 21st day of July 112000 �'''uL o(,rrtura Notary Public, Third Circuit, State of Hawaii Lana L. Taira My Commission expires Aug 4, 2001 I NOTICE IS HEREBY 13 At Mast Iso urrorbd EtaW An have been pwWou y 1w food on Btpe Parcels' In Kwrltou 1M a" -a, North Kau 04MO, Wand d HarvsY. Based on nyk1k: obssrvssora and trtforrrraiN ■ k bsteved that the mmsfa we most Owy Havmkn wW paper tree merit elle# ooatr in scowdanee wNh Caplet BE o} 2W Hasaa . ReNsed SYtuus npardrq butW WM The tlaclabti whaBwr to preserve In plea a dWnur and reborn the hum ouch shall be mWe by su Hawa# hind BUW Galeal N Wo dw WW" 01 k" descefftras The rnt#rcll is reques*V DESCENDANTS of APER (LCA #6701), MOLALE (LCA #11046.1),vr KAULSALUNI (LCA 17368) or u (WANE. HAAMO. NcKEAQUE, KALNHANA, or [mise of HAWA IANS WHO ONCE LIVED W KEAUNOU I-A.W UA-AiNOPTH KONA DISTRICT, a Wro may have WwM*dQe M&MN) r remains to immedleuy a dW KW'au Wshlr# d" By Hubrlc Preservatbn OWWm at (anal GN -8016 or tialtedam Kenady of ACP at (808) BW7442 to presaM kftrg dm ra6ardh appropriate treatment d are Iasrrsn rerrtatrn lftdlvltlrW tee{ard. vW rtes! s a the ble p aLpA* rMy(/arrwnMrMR6 b the burials ahuptr'a (140 1351—West HMI Tl>d• .0* 12, >� _ `.` T+t• 1 1 1 I 1 1 1 W1 AFFIDAVIT OF PUBLICATION State of Hawaii ) ) SS: County of Hawaii ) Lorelei Logan being first duly sworn, deposes and says: 1. That she is the Advertising Administrative Assistant of WEST HAWAII TODAY a newspaper published in the City of KAILUA-KONA State of Hawaii. 2. That the" NOTICE IS HEREBY GIVEN that Archaeological Consultations of the Pacific, Inc. (ACP) representing Kameha- meha Investment... * of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) June 25,28,and29 19!20( Subscribed and sworn to before me s this �STnH day of JULY 11x2000 Notary Public, Third Circuit, State of Hawaii Lana L. Taira My Commission expires Aug. 4, 2001 NOTICE IS HEREBY (3)744 11=.0W..'B1Wjfi0..:. ' Ke,ulau V et%040 NOM Ko Dletrlq, Ward d IMwi� r .>, , Saud an $W§ ebinvetora W4 Ydatmard r `* May HawaWn W Mimatry,11 t batty that ra rtmWte are rrroat proper bsaerrnt at ooaur In aonrdnroa wth Chapler EE of to HwwtlYn Rwle Staadae rapardbV bold allu. The dodalon wlatw to p 4e m plan or dWnw and ralonte 11W hw an mnalm &W be laade to Hawa m Ward SuW Cantil In ca tett wth Wn wlefaa at m The Courdl N nqueatot DESCENDANTS of MA01r AI (L r1--59.3). PWOE (LCA *97'02(, or KEOHULU Or KEOHUHU (L 07327) or IIMANE. HA'ANIO, or KAWHANA, or 6ndUm of HAW TANS WHO ONCE LIED N KEAUHOU 1• AHUMtA'A, `IOR KORA DISTRICT, or who may Faye laaryydpe repardkQ to *mane to mono lsy mead K&W&u WW%Mwi el lbeBlab Hloo Preservation DNWOn d (pW) Sat -9015 or ACP of (SOB) 630.74W 6 praani Ytlo W"WJ �appp0pr traatmaM ,d to hu ten retankm Aidk*%aha�QQaa must able to adegiiiaiy dwioratrale •br,rlak to ahupµa'a of (No 1325-WM � ,MiYe1W �• ' S♦ ..,., r A7 "W'T 0"A i1 VOLUMe ' 1 IUL I ULYi o0 Publi(Noti(e i Hawaiian •brates Hawaiian feathe-.vork through my teacher ahu (�ht )ulder �ape!O business in Kopahulu and the record- Hulu iii i troval teathers) once solely setting purchase of a 19th cencury ahu the in,ignia pit Hawaiian drtistocrats at a _othebvs auction OTICE IS HEREBY descendants. GIVEN that Archaeo- The Council is requesting Logical Consultants of _ descendants of Maikai (LCA the Pacific Inc. (ACP) #10258:3), Pimoe (LCA representing Kame- #9702) or Keohulu or Keo- hameha Investment Corpora- huhu (LCA #7327), or lwane, hon, has identified at least Ha'anio or Kauhahana, or two unmarked burial sites at families of Hawaiians who ti TMK• (3)"7-8-011:008, 009 once lived in Keauhou 1st and 010, Keauhou 1st ahupna'a, North Kona Dis 4•ro: ahupua'a, North Kona'Dis- "'+ tric% or who may have trict, Island of Hawaii. =""7 •.' knowledge regarding these Based on stylistic observa- to immeiately coni 5 tions and information testi- ,remains, tact Kalil'au Wahilani of the' _ many, it is believed that the State Historic Preservation ,r remains arc most likely Division at (808) 692-8015 or Hawaiian and proper treat- Kahaulani Kennedy of ACP' ;= ment shall occur in actor- (808) 638-7442 to present dance with Chapter 6E of the information regarding appro Hawaii Revised Statutes priate treatment of the human regarding burial sites. The remabis_ Individuals %Mdecision whether to p preserve - responwng must 6c,a in place or disinter and relo- adequately demonstrate a -_ reathe•\vorl tate the human remains shall family connection to -the bun - be made by the Hawaii als or the ahupua'a of KeRue•va and her tat Island Burial Council in con- Keauhou 1st. ■ guide rhe evival of c cert with the wishes of lineal i Hawaiian •brates Hawaiian feathe-.vork through my teacher ahu (�ht )ulder �ape!O business in Kopahulu and the record- Hulu iii i troval teathers) once solely setting purchase of a 19th cencury ahu the in,ignia pit Hawaiian drtistocrats at a _othebvs auction I 1 1 1 1 1 1 .,-IN APPENDIX B Land Commission Award Information CL � § ) /01� I. -N 1 19 £\sa = t)II J� 2••!�| �■s27 o■§ - 2- 2!■ �2: 4■s ��\ •!§� �a2� 2B2 ■3■2 ■�Q a■§g ! ; i2Ga§k©& �l�I■(f$% ! Koa§ 3 2 k § u ! § M � �f § (!}■k !; -� A;-■ w ■^| ; �!■ `.i|22 ■�rB � �kt ƒk�Ji -! -!■,:! % §i §■}I� ! (A 3k�si �•|; !=r&{ X7;2 - 1,E= Z\) M � EXHIBIT F 4072793 1 037756-7 i R CARLSMITH BALL LLP ATTORNEYS AT LAW A PARTNERSHIP INCLUpNG LAW CORPCQATIONS 754000 HENRY STREET, SUITE 209 PO BOX 1720 KAILUA-KONA, HAWAII 96745.1720 TELEPHONE (808) 329-6464 FAX (808) 329-9450 W W W CAKISMITHCOM DIRECT - DIAL NO (808( 935-6644 December 8, 2000 Mr Christopher J Yuen, Planning Director Mr Richard Baker, Chairman Hawaii County Planning Commission 25 Aupuni Street Hilo, HI 96720 PLANNINO C=?AR7 • :=VT County cf ;4r.w:J ^ P• _ C 1 2 200D Re Submission of Ka Pa'akai O Ka' Aina Issues Report to the Planning Commission State Land Use Boundary Amendment Application Change of Zone Application Special Management Area Use Permit Application Applicant: Kamehameha Investment Corporation Request: State Land Use Designation from "Agricultural" to "Urban" Change of Zone from "Agricultural 5 -acre" (A -5a) to Single Family Residential - 15,000 square feet (RS -15) Special Management Area Permit to develop an approximate 2 lot single family residential subdivision Tax Map Keys; 7-8-011: Portion of 008 Dear Mr Yuen & Chairman Baker We have enclosed Kamehameha Investment Corporation's report on the above -referenced matter for the Planning Department and Planning Commission's information We hope that this satisfies the submittal requirement on this matter and that this will allow the acknowledgment of the above -referenced State Land Use Boundary Amendment, Change of Zone and Special Management Area Use Permit applications. HONO(MU KAroW Hao KONA - MAUI GUAM SATAN Los AN LES WASw TON DC MLXCO .-. Mr Christopher ] Yuen, Planning Director Mr Richard Baker, Chairman Hawaii County Planning Commission December 8, 2000 Page 2 If you require any additional information, please call me at 935-6644. VIenS.0 urs, StL' SSL•rhy Enclosures 4073V901 077756-7 KAMEHAMEHA INVESTMENT CORPORATION RESPONSE NO 21124 (CIV. NOS 96-189K & 96-190K) PLAN TO PROTECT, Appellant/Cross-Appellants VS. STATE OF HAWAI'I, LAND USE COMMISSION Appellees/Appellees (NO. 21162 (CIV. NO. 96-190K) Ka Pa'akai O Ka' Aina v. Land Use Commission REPORT TO THE COUNTY OF HAWAII PLANNING COMMISSION REGARDING THE 10 : • 1119 • • i K1 IRT • : • : rl;; : • aelam �� i L •►: •u : KINIVERMn ITIC111 M : Paoli 30 010 51211M, State Land Use Boundary Amendment Application Change of Zone Application Special Management Area Use Permit Application Applicant: Kamehameha Investment Corporation Tax Mao Kevs: 7-8-011: Portion of 008 Kamehameha Investment Corporation (KIC) is the master developer for the Keauhou Resort In that capacity, KIC has worked with its Cultural Advisory Committee, which is comprised of the Hawaiian elders of the Ahupua'a of Keauhou and Kahaluu, to develop a resortwide focus on the valued cultural, historical and natural resources within the Keauhou Resort, including the determination and enhancement of traditional and customary Native Hawaiian rights within the area The following is a discussion of the Ka Pa'Akai O Ka' Aina issues for the project area KA PA' AKAI O KA' AINA ISSUES: Based on the above, the Applicant presents the following statements in response with the requirements of the Hawaii State Supreme Court's criteria in the Ka Pa' Akai O Ka' Aina case The identity and scope of "valued cultural, historical, or natural resources" in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area, Discussion: Kamehameha Investment Corporation has been engaged in an ongoing effort with its Cultural Advisory Committee to identify and preserve the cultural resources in the -I- 4073638 1 037756-7 Keauhou Resort. For the petition area, an archaeological inventory survey with subsurface testing report was conducted by Archaeological Consultants of the Pacific, Inc. dated July 20 and submitted to the Department of Land and Natural Resources on July 27, 2000 for review and comments. It is important to note that the area being requested for the State Land Use Boundary District Amendment, the Change of Zone and Special Management Area applications does not include the area where the 2 significant sites are located on the subject property. The 2 significant sites described in the Inventory Survey are located in the mauka portion of the Subject property. The area of the subject property requested for inclusion to the proposed Bayview Estates at Keauhou, Phase H subdivision, is the area makai of these 2 significant sites and is separated by an existing low rock wall. The Applicant recognizes the significance of these burials and in the Burial Treatment Plan to be reviewed by the Hawaii Island Burial Council, the Applicant is requesting the burials be preserved in place. Based on the above information, potential impacts to the historical and archaeological resources of the Project area will be mitigated by the developer according to the approved recommendations of the consulting archaeologist, in consultation with DLNR-HPD. With respect to traditional and customary Native Hawaiian practices in the project area. KIC has found that there are no current cultural or religious practices or customs being exercised. However, KIC, in cooperation with its Cultural Advisory Committee, is developing a Keauhou Resort trail system that incorporates and connects the ancient trails, cultural and archaeological sites and historic railroad right-of-way with contemporary access ways. It is anticipated that this trail system will further the protection and enhancement of valued cultural, historical and natural resources in the project area, as well as protect traditional and customary Native Hawaiian rights with respect to religious and gathering practices. The Keauhou Trail on the north side of the subject property will be relocated to the south side of the subject property, with certain modifications, pursuant to the Department of Land and Natural Resources -Historic Preservation Division (DLNR- HPD) requirements. The Cultural Advisory Committee has reviewed the proposed relocation of the Keauhou Trail and concurs with the retention of its functional purpose as it relates to the development of the Bayview Estates at Keauhou, Phase H subdivision. The extent to which those resources - including traditional and customary native Hawaiian rights - will be affected or impaired by the proposed action, and Discussion: Based on the above findings, and KIC's intent to comply with the requirements of the Department of Land and Natural Resources, Historic Preservation Division and the Hawaii Island Burial Council, KIC finds that there will be no negative impacts on those resources and rights. The feasible action, if any, to be taken by the Planning Commission to reasonably protect native Hawaiian rights if they are found to exist -2- 4073838 1037756-7 Discussion: JCC will work in conjunction with the Deparment of Land and Natural Resources, Historic Preservation Division. the Sawau Island Burial Council and its Cultural Advisory Committee to ensure proration of any Native Hawaiian tights if found to exist on the subject property. At this time. KIC has observed to exercise of traditional and customary Native Hawaiian rights on the subject property. it should be noted that KIC has embarked on a program to establish a trail System which may, in effect, taske it possible for Native Hawaiians to re-estahWb the practice of traditional and customary rights in the project area and throughout the Keauban Resort. Tberefore, there is no feasible action to be taken by the Planning Commission. INVESTMENT CORPORATTON Byi>li A onud Representative Print Name: u t S 4, 4ti Date: -3- 4073838.1.037756-7 DEPARTMENT OF PUBLIC W�, "S COUNTY OF HAWAII HILO, HAWAII DATE. January 18, 2001 TO Christopher J. Yuen, Planning Director FROM Galen M. Kuba, Engineering Division Chief SUBJECT Change of Zone Application (REZ 01-01 ) SMA Use Permit Application (SMA 01-01 ) State land Use Boundary Amendment (SLU 01-01) Applicant: Kamehameha Investment Corporation Location: Keauhou, N. Kona, HI TMK: 3 / 7-8-11: 008 We have reviewed the subject application and our comments are as follows. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. 4. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 5. Solid waste management shall conform to the rules and regulations of the DPW, Solid Waste Division. The developer shall prepare and submit a solid waste management plan to the DPW. 6. Roadways within the proposed subdivision shall be constructed to County dedicable standards with concrete curbs, gutters and sidewalks. Provide streetlights as required by the DPW, Traffic Division. EXHIBIT \B/ �, Memorandum To P.L January 18, 2001 Page 2 of 2 7. A left turn lane should be provided on Alii Highway at its intersection with Kaluna Street. We suggest cost sharing with other developments impacting the intersection. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy ENG-HILO PLNG-KONA BENJAMOIJ CAVTTMO GOVERNOR OF WLWAII January 18, 2001 kI �. c E 1= (� L STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION DIVISION Kakuhlhawa Building, Room 555 801 Kameklla Boulevwd Kapolal Hawaii 98707 Mr Christopher Yuen, Planning Director Planning DepartmenUCounty of Hawaii 25 Aupuni Street Hilo, Hawaii 96720-4252 Dear Mr Yuen GILBOR COLOMAJROMILN CNAIRPERAON aOAlp L MI OFO PiAMNAL"ElIC DUES COMNIWOOFI ON WAWA KSOU" MWIGEydT DEPUTES JMET E KAWELO LINNEL NISHIOKA AQUATIC RESOURCES BOATING AND OCEAN RECREATION CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE HISTORIC PRESORVATION LAND STATEPMKS WATER RESOURCE MANAGEMENT LOG NO 26857 '-- DOC DOC NO. 0101PM12 SUBJECT: State Land Use Boundary Amendment Application (SLU-01-01) Request: Agricultural to Urban, Change of Zone Application (REZ 01-01) Request: Agricultural (A -5a) to Single Family Residential (RS -15) Special Management Area Use Permit Application (SMA 01-01) Request: To Allow the Development of an Approximate 2 -Lot Subdivision to be Incorporated Into the Bayview Estates at Keauhou, Phase 11, Subdivision Applicant: Kamehameha Investment Corporation Keauhou, North Kona, Hawaii Island, TMK: 7-8-011: Por. 008 Thank you for your Memorandum of January 5, 2001 and the opportunity to review and comment on the subject applications. Kamehameha Investment Corporation is seeking approval to allow for a single family residential subdivision of approximately 2 single family lots within a 0 990 acre portion of the approximately 195 –acre parcel Our office has approved an archaeological inventory survey report on the subject parcel Two historic sites were found in the survey—a boundary wall that surrounds the parcel (Site 14,652) and a complex of features, including human burials, within the walled area that was designated Site 22,078 Both sites were evaluated as significant under multiple criteria of the Hawaii Register of Historic Places Data recovery was recommended for both sites Treatment of the burials located in Site 22,078 was to be determined in consultation with the Hawaii Island Burial Council According to the application, the proposed development is located in another part of the property, away from the two historic sites The applicant is nevertheless committed to carrying out the necessary mitigation of the two sites A burial treatment plan has been submitted to the Hawaii Island Bunal Council We have also received for review and comment a data recovery plan EXHIBIT \ � ! C Yuen 2 With the understanding that the burial treatment and data recovery plans are found acceptable and implemented, we believe that the proposed development will have "no adverse effect" on the two historic sites located on the subbed parcel If you or your staff should have any questions about this project please contact our Hawaii Island archaeologist, Patrick McCoy (692-8029) Aloha, D N HIBBARD, Administrator State Historic Preservation Division FaN TO BENJAMIN J CAYETANG GCWRNOR STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM LAND USE COMMISSION P O Box 2359 Honolulu, HI 98804-2359 Telephone 808-587-3822 Fax 808-587-3827 January 23, 2001 Mr Christopher Yuen Director Planning Department County of Hawaii 25 Aupum Street, Room 109 Hilo, Hawaii 96720 Dear Mr Yuen BEET KILMU TATARI ACTING EXECuTI EOFMCER 'co Subject State Land Use Boundary Amendment Application (SLU 01-01) Request Agricultural to Urban Change of Zone Application (REZ 01-01) Request A -5a to RS -15 Applicant Kamehameha Investment Corporation TMX 7-R-011 Pnrtinn nf00R We have reviewed the subject applications transmitted by your memorandum dated January 5, 2001, to allow development of an approximately 2 -lot subdivision to be incorporated into the Bayview Estates at Keauhou, Phase 1I, subdivision at Keauhou, North Kona, Hawaii Based upon our review of the subject applications we have the following comments The subject area appears to be in the State Land Use Agricultural District as shown on Exhibits A and B of the subject applications We note that this is the third boundary amendment application submitted for the Bayview Phase II subdivision We have concerns over the incremental manner in which approvals for the Bayview Phase II subdivision have been obtained It is our understanding that approximately 13 814 acres were reclassified by the County of Hawaii for the subdivision pursuant to Ordinance No 00-84 Also, on November 1, 2000, the County of Hawaii Planning Commission recommended the reclassification of approximately 4 606 acres of land from the State Land Use Agricultural District to the Urban District to be included in =XHIBIT V A Mr Christopher Yuen January 23, 2001 Page 2 the subdivision We believe it would have been more appropnate to consolidate the increments under a single boundary amendment application, which would have allowed for a comprehensive review of the project to assess its cumulative impacts upon archaeological, historical, cultural, and other resources We would like to point out that the following LUC Dockets are in vicinity of the subject area LUC Docket No A79461/Kamehameha Development Corporation (Increment 1) involved the reclassification of approximately 382 59 acres from the State Land Use Agricultural to Urban District for residential and golf course uses LUC Docket No A79-46 I /Kamehameha Development Corporation (Increment 2) involved the reclassification of approximately 227 97 acres from the State Land Use Agricultural to Urban District for residential uses LUC Docket No A94-705/County of Hawaii Planiung Department involved the reclassification of approximately 432 91 acres from the State Land Use Agricultural to Urban Distnct for residential and commercial uses We recommend the Applicant clanfy the location of the two -lot subdivision in light of the findings of Exhibit D, "An Archaeological Inventory Survey with Subsurface Testing Report for a Property Located at TA41K 7-8-11 8 in Keauhou 1" Ahupua'a, North Kona District, Island of Hawai' i" and Exhibit E, "A Burial Treatment Plan For The Proposed Bayview Phase II Subdivision Located at TMK 7-8-11 8 in Keauhou 1" Ahupua'a, North Kona District, Island of Hawai i" There appears to be several significant archaeological, historical, and cultural sites within the area of the proposed subdivision We have no further comments to offer at this time We appreciate the opportunity to comment on the subject applications If you have questions regarding this matter, please contact me or Russell Kumabe of our office at 587-3822 Sincerely, BERT SARUWATARI Acting Executive Officer BS RK as Office of Planning DIRECT DIAL NO (808)935-6644 CARLSMITH BALL LLP A LIMITED UABIUTY LAW PARTNERSHIP 75-1000 HENRY STREET, SUITE 209 PO BOX 1720 KAILUA-KONA, HAWAII 96745-1720 TELEPHONE (808) 329-6464 FAX (808) 329-9450 WWW CARLSMITH COM January 29, 2001 Mrs Geraldine M Giffin, Chairperson County of Hawaii Planning Commission Mr Christopher J Yuen, Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, HI 96720 RE: Response to Department of Public Works & DLNR comments State Land Use Boundary Amendment Application Change of Zone Application Special Management Area Use Permit Application Applicant: Kamehameha Investment Corporation L 3 1 I I .iiia OUR REFERENCE NO 037756-7 Request: State Land Use Designation from "Agricultural" to "Urban" Change of Zone from "Agricultural 5 -acre" (A -5a) to Single Family Residential - 15,000 square feet (RS -15) Special Management Area Permit to develop a 2 lot single family subdivision Tax Man Keys: 7-8-011: por. of 008 Dear Mrs Giffin & Mr Yuen Response to Department of Public Works Comments: The Applicant, is in the process of preparing plans for the proposed Bayview Estates at Keauhou, Phase II Subdivision The proposed 2 lot addition is not expected to dramatically change the traffic impact of the Bayview Estates at Keauhou, Phase II subdivision to the area Therefore, we will follow the access(es) and roadway requirements as stated in Condition No E of Change of Zone Ordinance No 00-85 (Bayview Estates at Keauhou, Phase II Subdivision) HONOtULU KAIOLEI HLO Kos. MAUI GUAM SATAN LOS ANCELES WASHINGTON DC MEXCO EXHIBIT \r-/ Mrs Geraldine M Giffin, Chairperson County of Hawaii Planning Commission Mr Christopher J Yuen, Planning Director County of Hawaii Planning Department January 29, 2001 Page 2 Response to DLNR (,SHPD) comments As stated in their memorandum of January 18, 2001, the Department of Land and Natural Resources, Historic Preservation Division has approved the archaeological inventory survey report submitted by the Applicant. The Applicant has also submitted a Burial Treatment Plan to the Hawaii Island Burial Council A Data and Recovery Plan has also been submitted to their office. In their memorandum, they have stated that "With the understanding that the burial treatment plan and data recovery plans are found acceptable and implemented, we believe that the proposed development will have "no adverse effect" on the two historic sites located on the subject parcel." The Applicant is committed to carrying out the necessary mitigation plan of the two sites and implement the requirements of the Hawaii Island Burial Council and the Department of Land and Natural Resources, Historic Preservation Division. As noted in their memorandum, the Applicant has been working very closely with the Department of Land and Natural Resources, Historic Preservation Division office and their staff on this important issue Thank you for this opportunity to respond to the concerns raised in the correspondence forwarded to this office We trust that this letter adequately responds to the above agency comments and look forward to the presentation at the public hearing. Should you have any further questions or concerns, please do not hesitate to call me. SSL rhy 6076059 1037756-00020 Enclosures cc Department of Public Works Department of Land and Natural Resources (SHPD) Kamehameha Investment Corporation DIRECT DIAL NO (808) 935 6644 CARLSMITH BALL A LIMITED LIABILITY LAW PARTNERSHIP 75-1000 HENRY STREET, SUITE 209 PO BOX 1720 KAILUA-KONA, HAWAII 96745.1720 TELEPHONE (808) 329.6464 FAX (808) 329-9450 WWW CARLSMITH COM February 6, 2001 Mrs Geraldine M. Giffin, Chairperson County of Hawaii Planning Commission Mr Christopher J. Yuen, Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, HI 96720 RE: Response to Department of Police & LUC comments State Land Use Boundary Amendment Application Change of Zone Application Special Management Area Use Permit Application PLANNING DFpAATME County of Hawau 75-5706 Kuakin( Hwy, 0. Kailua-Kona. HI 9674[ RECEIVED FEB 0 7 106 OUR REFERENCE NO 037756-7 Applicant: Kamehameha Investment Corporation Request: State Land Use Designation from "Agricultural" to "Urban" Change of Zone from "Agricultural 5 -acre" (A -5a) to Single Family Residential - 15,000 square feet (RS -15) Special Management Area Permit to develop a 2 lot single family subdivision Tax Map Keys: 7-8-011: por. of 008 Dear Mrs Giffin & Mr Yuen: Response to Department of Police Comments: The above referenced property for the proposed 2 lot subdivision will be annexed into the approximately 43 lot Bayview Estates at Keauhou, Phase II This subdivision is within the Keauhou Major Destination Resort Area and complements the HONOLULU KAN U HEo KONA MAOI GUAM EXHIBIT F' 5A/AN LOS ANGELES WAS CToN DC mkxI #1 FE9-26-01 PIED 04 33 Pi( P1� ng Dept Kona FAX.808 327356^ PAGE 2 Fab -1141 It.$7 FraPOILIMI +1$11$2100nt F 0$/oa KIC Exh F 2/6/01 ltr Mrs Getal*ne M GiiFa, Cbaupetsoa Cowrry of Haran Planning Commission W. Cbnssophar 1 Yawn, PI -miss Director County othmad Pluming Depanment fdmmty 6,2W I Pass 2 land use pattern of the Keswhou Master Plan am The Voadte ays within the Kaaubou ata h4ve been improved with the bt=Had= of traffic Opals ar tier Kamehameba 111 RoWAlil Hlyhway l marsec*n. and at the ad Kameb*mkA 111 Rand coaaecting to the Kcatuhou Sboppiog Center . Club, Sum lard sidewalks � do been in alled along Alii Hightnty within tints area TO sive pedesariaas wid" the lam a oda condition in which m walk fsem one area m aaot1m r. The Applicasu bas made u bsgatial improvemaob to the roadway syRgns la the Ke*dm open which have lmpmved the vehicular cirealadon !ht dais resort, coaimasial sed residential driekawn All roadways within the Kaahou area have bean devekepet� sat eetsnpliaacs wkh the requitrmeate cf the County of Hawaii's Setbdivisica Ctlpmrd Code elpd are adequately servicing the Keauleon area. The County of Hawaii within ebe last 4 yarn has made widening sad pavwu= improv mews sung AIS Drive to the Ketwbou area. Therefore, the Ap HOM adaub that it is daft its beat to $aidgate nfflc cancans. The Applicant bas applied fat dse State Land Use District Boundiay Amcadmerc based on the regWremem of Chapter 205, Section 205-3.1 of the Hawaii Revised Stmtres, Cbapter 29 of dee Hawaii Cotmny Coo and P1aapGtg Counisaioa Rule No 13 that allows Hawaii County to amend Stare Lrmd'Use District Bomduies Ret lauds flftaen (15) acres or less located in the soft laud use Visttia "Gabon", "Rotolo and "A,gricuhwal" districts. The County of Hawaii Plarwitg Depamte m die Planning Caaunisaion and the County Cotsocil all ban based tb¢r approvals on the established surdeorhy sawed in the rules rad a umtes cited above on the two previous applications. For your information, the second applieegiem referenced in your memottmdum was for the lined Family etal (Owmms of Parcel 9) property. This is a w4mate parcel that was not owned by the Applicant. Since their land is as jacwt to the proposed Bayview Estates at Kenhou 11, the owners of parcel 9 fah the this was an oppa mrty to develop their lands sad in a manner rbu; would be consistent with the Applicaut's developu mt. The thud application rrfetepced in the mcmn=dtme is also for a ptnpeny that had, to be purchased by the Applicaqr fmm the Howdo Om*y and Kamebataeha Scbools. The Appbcmr woald only devplop the malrai portion of the property, and the archseological fk m$ vs that are an mamka portion of the pmptxty, which are not included in this application, will be preserved ip place Mrs Geraldine M Gi Chairperson County of Hawaii Plan, -_.,g Commission Mr Christopher J Yuen, Planning Director County of Hawaii Planning Department February 6, 2001 Page 3 For your information the following have been completed and submitted: An Archaeological Inventory Survey has been completed for the Hind Family etal property (Owners of Parcel 9) and submitted on July 24, 2000 to the Department of Land and Natural Resources, Historic Preservation Division for their review and approval An Archaeological Inventory Survey has been completed for the above referenced parcel 8 property in the above referenced applications and submitted on July 27, 2000 to the Department of Land and Natural Resources, Historic Preservation Division for their review and comments A burial treatment plan for the above referenced property and parcels 10 and 13 (Bayview Phase II Subdivision) has also been prepared and submitted on August 7, 2000 to the Department of Land and Natural Resources, Historic Preservation Division and the Hawaii Island Burial Council. The Applicant has made a commitment in the Burial Treatment Plan to preserve all the burial sites on this property Therefore a comprehensive review of the cumulative impacts upon the archaeological, historical and cultural resources is being done by the Applicant The applicant has also been working very closely with their Keauhou Cultural Advisory Committee and the Department of Land and Natural Resources, Historic Preservation Division and being sensitive to the cultural and archaeological issues of their lands. The Applicant has been very responsible in ensuring that these issues be addressed and cared for in a manner befitting the nature of its importance to the Hawaiian culture and community. The Applicant will continue to work with the Department of Land and Natural Resources, Historic Preservation Division, the Hawaii Island Burial Council and the Keauhou Cultural Advisory Committee to fulfill its commitment to ensure that the Hawaiian cultural resource issues are always in the forefront of any land development Thank you for this opportunity to respond to the concerns raised in the correspondence forwarded to this office We trust that this letter adequately responds to the above agency comments and look forward to the presentation at the public hearing Mrs Geraldine M Gil -'hairperson County of Hawaii Plani_.,ig Commission Mr Christopher J Yuen, Planning Director County of Hawaii Planning Department February 6, 2001 Page 4 Should you have any further questions or concerns, please do not hesitate to call me SSL rhy 4076273 1 037756-00020 Enclosures cc Land Use Commission Police Department Kamehameha Investment Corporation