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"Conservation Plan" means a document submitted by a landowner or land user,
<br />containing information for the conservation of soil, water, vegetation and other applicable natural
<br />resources for an area of land to be used for agricultural operations, and not adversely affecting
<br />the watershed. The conservation plan shall include appropriate monitoring and reporting
<br />provisions for the scheduled activities.
<br />"Conservationist" means an employee of the U. S. Department of Agriculture Natural
<br />Resources Conservation Service (MRCS) or the soil and water conservation district or an NRCS
<br />certified Technical Service Provider with background and training to recommend conservation
<br />practices on agricultural land under the guidance of the local NRCS engineer.
<br />"Contractor" means any individual, firm, corporation, partnership or other responsible
<br />legal entity who performs grading, grubbing or stockpiling work under a contract.
<br />"Engineer" means a professional engineer (civil or structural) licensed in the State of
<br />Hawai `i.
<br />"Engineer's soils report" means a report that describes soil conditions with grading and
<br />construction recommendations applicable to the soil conditions and other pertinent information
<br />relevant to this chapter prepared by an engineer experienced in the practice of soil mechanics and
<br />foundation engineering.
<br />"Erosion" means the wearing away of the ground surface as a result of action by wind
<br />and/or water.
<br />"Excavation," "cut" or "borrow" means any act by which soil, sand, gravel, rock or any
<br />similar material is cut into, dug, uncovered, removed, displaced, relocated or bulldozed.
<br />"Fill" means any act by which soil, sand, gravel, rock or any other material is deposited,
<br />placed, pushed, dumped, pulled, transported, or moved to a new location.
<br />"Grading" means any excavation or fill or any combination thereof.
<br />"Grubbing" means any act by which vegetation, including trees, timber, shrubbery and
<br />plants, is dislodged or uprooted from the surface exposing bare ground.
<br />"Historic and archaeological sites" mean those sites listed with the County general plan,
<br />the Hawaii Register of Historic Places or any historic property, as defined in section 6E-2,
<br />Hawaii Revised Statutes, which has been recorded in an archaeological survey of the property
<br />or is otherwise known to the owner.
<br />"Land surveyor" means a person duly licensed as a professional land surveyor in the
<br />State.
<br />"Maximum extent practicable" means economically reasonable measures for the control
<br />of the addition of sediments from non -point sources, which reflect the greatest degree of
<br />sediment reduction achievable through the application of the best available non -point
<br />sedimentation control practices, technologies, processes, siting criteria, operating methods or
<br />other alternatives.
<br />"National pollutant discharge elimination system permit" or "NPDES permit" means an
<br />authorization, license, or equivalent control document issued by the U.S. Environmental
<br />Protection Agency or the director of health, State of Hawaii, to implement the requirements of
<br />40 CFR Parts 122, 123, and 124. NPDES permit includes an NPDES general permit according
<br />to 40 CFR §122.28 and a notice of general permit coverage or "NGPC," as the context requires.
<br />NPDES permit does not include any permit which has not yet been the subject of final agency
<br />action, such as a draft permit.
<br />"Overburden" means a soil material overlaying another geologic formation.
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