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Both applicants also do not discuss the implications that <br /> arise out of their proposed use of the old Walua Road as part of <br /> the connector road on Easement "1." <br /> POINT ONE: <br /> Both applicants seek to amend only the area that lies <br /> within the perimeter of their respective parcels (TMK Parcel 1 and <br /> TMK Parcel 19) Nonetheless, since the area occupied by Easement <br /> "1" outside of the applicants' respective parcels is an <br /> inextricable part of each parcel, the applications should include, <br /> as the "involved area," the area occupied by Easement "1" outside <br /> the perimeter of those parcels. The inclusion of Easement "1" <br /> would result in the "involved areas" exceeding fifteen acres in <br /> each case. <br /> POINT TWO: <br /> According to Section 343-5(a)(1), HRS, the applicants' <br /> proposal to use portions of Walua Road (a public road) involves <br /> "the use of state or county lands." Such a proposal "triggers" the <br /> environmental assessment (EA) process, unless that proposed use is <br /> exempt from the EA requirement. <br /> The Environmental Commission rule HAR 11-200-8 exempts <br /> certain actions (such as certain "negligible" or "minor" <br /> alterations and operations), but not if the "cumulative impact of <br /> planned successive actions in the same place, over time, is <br /> significant." See also Citizens for the Protection of the North <br /> Kohala Coastline, 91 Haw. 94 (1999) (use of state land for an <br /> underpass triggers EA process). <br /> Respectfully submitted, <br /> Micha J. Ma sukawa <br /> <br /> mjm\629-32.tes <br /> <br />