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Hawaii, nothing can be approved or constructed within the RM-5 zoned area (TMKs: 7- 6-21:16 and 17). Fulfillment of Condition I (final plan approval for the first increment of the RM zoned area) of Ordinance No. 97-99 is dependent on prior completion and dedication of the flood control system to the County of Hawa'i. See Exhibit B - Location Map. RELEVANT BACKGROUND INFORMATION 5. Progress to Date (beginning with the most current): • January 17, 2002 - Special Management Area (SMA) Use Permit Application was filed with the Planning Department by Gamrex for the portion of the flood control system that lies makai of Kuakim Highway and in the SMA. • 2001 - Portions of Royal Poinciana Drive and Kupuna Streets within the Kalam Makai subdivision, necessary to completion of the flood control system, were acquired by the County of Hawaii. The flood control system approval process was temporarily halted until ownership issues were settled for Kupuna Street and the culvert beneath it which are critical to the proposed flood control improvements. • September 28, 2001 - Fifth Amendment to Agreement between Gamrex and the County of Hawai' i Housing Authority was completed for conveyance by Gamrex of a 12.004-acre parcel to the County once flood control improvements are completed on said parcel, TMK: 7-6-24:25. This is in order to comply with Condition K of Ordinance No. 97-99. • March 22, 1996 - Final Environmental Assessment and Negative Declaration for construction of the flood control system was filed with the Office of Environmental Quality Control by the Department of Public Works (DPW). 0 March 24, 1995 - Conditional Letter of Map Revision (CLOMR) issued by the Federal Emergency Management Agency (FEMA) to DPW indicates FEMA's intention of revising the Flood Insurance Rate Maps (FIRM) after the flood control system is built. -2-