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REF:000L:DH <br />After 'reviewing the application, we find that: <br />1. The proposed use is an identified use within the Protective subzone of the <br />Conservation District according the Hawaii Administrative Rules (HAR), 13-5- <br />22, P-6, D-2, PUBLIC PURPOSE USES, "transportation systems, transmission <br />facilities for public utilities, water systems, energy regeneration facilities utilizing <br />the renewable resources of the area (e.g. hydroelectric or wind fauns) and <br />communications systems and other such land uses which are undertaken by non- <br />governmental entities which benefit the public and aze consistent with the purpose <br />of the conservation district;" please be advised however that this finding does not <br />constitute approval of the proposal; <br />2. A public hearing pursuant to HAR 13-5-40 will not be required; <br />3. In conformance with Chapter 343, Hawaii Revised Statutes (HRS), as amended, <br />and Chapter 11-200, HAR, a finding of no significant impact (FONSI) to the <br />environment is anticipated for the proposed project. The draft environmental <br />assessment for the project has been submitted to the Office of Environmental <br />Quality Control (OEQC), and will be published in the June 8, 2008 edition of <br />OEQC's Environmental Notice. <br />Negative action, as required by law, on your application by the Boazd of Land and Natural <br />Resources can be expected should you fail to obtain from the County thirty (30) days prior to the <br />180 day expiration date, as noted on the first page of this notice, one of the following: <br />1. A determination that the proposed development is outside the Special <br />Management Area (SMA). <br />2. A determination that the proposed development is exempt from the provisions of <br />the County Ordinance and/or regulation specific to Section 205A-29(b), HRS. <br />3. A Special Management Area (SMA) permit'for the proposed development. <br />Your CDUA will be placed on the agenda of the Board of Land and Natural Resources for their <br />consideration after all reviews and evaluations of the proposal have been made. Should you have <br />any questions, please contact Dawn Hegger of our Office of Conservation and Coastal Lands <br />staffat 587-0380. <br />Sincerely, <br />~~G ~~~ <br />~~~ LA H. THIEL N, Chairperson <br />Bo d of Land and atural Resources <br />c: Hawaii District Land Office <br />County of Hawaii <br />Planning DepartmentiF'ire Department/Police Department <br />DOH/OHA/OEQC <br />ED/DAR/DOFAW/HPD/SP/HDLO <br />State Civil Defense <br />2 <br />