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KK. If mauka-makai public shoreline access is established through TMK 7-3-009:003 or 004 <br />as a condition of any land use approval, applicant shall allow use of its project access <br />road for public access to connect to the makai public shoreline access upon request of the <br />county. Further, as represented by the applicant, an average 300 -foot wide lateral public <br />recreational easement parallel to the shoreline on the adjoining coastal property identified <br />by TMK: 7-3-09: 4 shall be conveyed to the County of Hawaii and/or its designee upon <br />consummation of an agreement between the County and the landowner. This agreement <br />shall outline terms of this conveyance, liability, maintenance, use, and other related <br />matters. A draft of this agreement shall be submitted to the County within three (3) <br />months of the effective date of this ordinance. Said easement may, at the discretion of <br />the landowner, be conveyed to the County of Hawaii and/or its designee in fee. This <br />average 300 -foot wide strip of land shall be credited against the impact fee requirement <br />relating to park and recreational improvements and facilities as outlined in Condition NN. <br />LL. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal <br />deposits, human burials, rock or coral alignments, pavings or walls be encountered, work <br />in the immediate area shall cease and the Department of Land and Natural Resources - <br />Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent <br />work shall proceed upon an archaeological clearance from the DLNR-HPD when it is <br />found that sufficient mitigation measures have been taken. <br />MM. The applicant shall conduct a water quality monitoring program. The applicant's <br />participation can be satisfied by monitoring done by NELHA and/or the owners of <br />TMK 7-3-09:003 (Kohanaiki) and/or TMK 7-3-009:004 (Ooma makai property) if <br />adequate sampling is done on the coast fronting TMK 7-3-009:004, and applicant pays a <br />fair share based on relative acreage. <br />NN. The applicant shall make its fair share contribution to mitigate the potential regional <br />impacts of the subject property with respect to parks and recreation, fire, police, solid <br />waste disposal facilities and roads. The amount of fair share contribution shall be <br />initially based on the representations contained within the change of zone application and <br />may be increased or reduced proportionally if the lot or unit counts are adjusted. The <br />amount of the fair share contribution for each lot or unit shall be based on a maximum <br />density for each lot or unit as determined by the zoning resulting from this change of <br />