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Barbarascott i.u04 PifiY 10 f?(~ 8 25 755782 Lopeka Place Kailua-Kona. HI 96780 ~DUI`J ~ ~ ~ ~ Mav 3. 200-F Christopher J. Yuen, Planning Director County of Hawaii. Planning Department 101 Pauahi Street. Suite 3 Hilo. HI 96720-6013 Dear Mr. Yuen: SUBJECT: NANI KONA AINA, LLC (SLU 03-007/REZ 03-018) TMK: 7-5-10:066 Thank you for your response to the report [sent to you on March 12th. I sent the report with an intent to simplifi the verification process for the claims I had [Wade during the Public Hearing held on Mazch 8th in Kailua-Kona. [ appreciate [hat you took the time to review the information and explain your conclusions; however. I still think we aze looking at segmentation in the six-lo[ section, no matter how debatable the ownership issues appeaz. The actual focus for the azgument is the requirement for LUC approval and/or an environmental assessment. A matter. that you addressed, related to agency comments to the County of Hawaii Planning Department on agency specific criteria for a propem development. You pointed out that the County solicits comments from all of the required agencies. The root of the segmentation issue is that land developers may create lot sizes under 15-acres to avoid the LUC approval process. which appears to have stricter criteria than those required at the County level. The request to hate the Nani Kona Aina, LLC application referred to the LUC is based on the infrastructure and envirotmental impacts the subdivision development will create. The specific impacts relate to the required Waiaha water system improvements: the development of the Counts owned Hienaloli-Kahalui Road to provide a connection to the already stressed Nani Kailua Drive and Queen Kaahumanu Highway intersection: the inevitable flooding in the Hienaloli Drainageway; and the critical habitat for the endangered Hawaiian Hoarv Bat (Lasiurus cinereus semorusj and nesting site for the endangered Hawaiian Hawk (Buren solirrius). The County Department of Water Supply (DWS) has required a condition (C) to the proposed subdivision, that no development can begin until the applicant has accomplished improvements to the Waiaha water system, as per a pending agreement between Dan Bolton and [he DWS. Water is unavailable to the proposed subdivision from the salinity compromised local Kahaluu well system. There is no environmental assessment for the proposed Waiaha water improvements project that will affect a limited County resource and will require development of a pipeline from the Waiaha well area (mauka of Mamalahoa Highway. SR 180. according to the map), through whatever private property, and across the County Hienaloli-Kahalui connector road to the subdivision. The Waiaha water system improvements agreement has been negotiated pmately between the DWS and the developer over the last avo years, which has precluded any environmental assessment to evaluate potential impacts and provide for public comment. Furthermore, arranging the proposed subdivision approval before completing the contingent Waiaha water system improvements, or even an environmental assessment. is putting the cart before the horse. During the Planning Committee Meeting, Mr. Mooers announced the applicant's proposal to develop the Hienaloli-Kahalui connector road from a point. at [he subdivision entry. southbound to Hualalai Road. Condition (I) in the SLU/REZ application already requires [he County owned Hienaloli-Kahalui Road development adjacent to the subdivision. aligning to Aloha Kona Drive and Mani Kailua Drive and. coincidentally, also adjacent and Comm. No. $.7j3 Ref. To: Ref. Date MAY,~„_., l~n