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HomeMy WebLinkAboutCOM 0887.000 2008-2010 •; � ° \ %: William T. Takaba Mayor William Kenoi g .����� • � Managing Director M �! ' Wally Lau Mi M os'M....'' I Deputy Managing Director County of Hawai `i 25 Aupuni Street • Hilo, Hawaii 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 75 -5722 Hanama Place, Suite 102 • Kailua -Kona, Hawaii 96740 (808) 327 -3602 • Fax (808) 326 -5663 July 7, 2010 c.: Honorable J Yoshimoto, Chairman kµ° and Members of the County Council County of Hawai`i 25 Aupuni Street • Hilo, HI 96720 Dear Chairman Yoshimoto and Members: �= Change of Zone Application (REZ 10- 000123) Applicant: EWM Investments, LLC Request: A -20a to FA -2a Tax Map Key: 5 -4- 008:001 State Land Use Boundary Amendment Application (SLU 09- 000025) Request: Agricultural to Urban Change of Zone Application (REZ 09- 000112) Request: A -20a and RS -7.5 to RS -15, RS -10, RS -7.5, Open Applicant: Hawaii Island Community Development Corporation Tax Map Key: 5 -5 -19:25 and 27 As required by Chapter 4, Sec. 6- 4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letters and enclosures regarding the above - referenced requests. Sincerely, -1 0.,- - • William P. Kenoi Mayor Enclosures cc: Planning Department Q Coma No. 11 a1 a Ref. To! pC. Ref. Date Jut_ z U LU 10 M .. � • t. OM ` 1r Of • Nf ,� County of Hawai `i LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 July 7, 2010 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 10- 000123) Applicant: EWM Investments, LLC Request: A -20a to FA -2a Tax Map Key: 5 -4- 008:001 The Leeward Planning Commission, after a duly held public hearing on June 18, 2010, voted to recommend for your approval the proposed legislative bill for a Change of Zone from Agricultural — 20 acre (A -20a) to Family Agricultural - 2 acre (FA -2a) for 24.1 acres of land. The property is located north of Akoni Pule Highway (Highway 270) in the vicinity of Takata Store and abutting the Kynnersley Road Tract Subdivision, Puehuehu and Kapua, North Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a Change of Zone from Agricultural 20 -acre (A -20a) to Family Agricultural 2 -acre (FA -2a) for 24.186 acres of land to create a ten -lot family - agricultural subdivision. Hawai `i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 The subdivision of the 24.186 -acre property into ten lots of 2+ acres each will provide more marketable family - agricultural lots in the North Kohala area for families who are interested in subsistence farming or small scale commercial farming on this productive farmland. The smaller lots would allow for a house site and an adequate area for agriculture to allow families an opportunity to grow their own food or produce agricultural products to supplement their income in the community. It should be noted that the proposed subdivision plan shows a largely unusable Lot 10, most of which is in Kapu'a Gulch. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County, and ultimately, on the future development of the entire island. The proposed change of zone request would conform to the goals, policies and standards of the General Plan. The General Plan was developed as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the availability of public infrastructure and services. The Land Use Pattern Allocation Guide (LUPAG) Map, which establishes the basic urban and non -urban form for areas within the County, designates the subject property as Low Density Urban which allows for single family residential uses, with ancillary community and public uses, and neighborhood and convenience -type commercial uses; overall residential density may be up to six units per acre. The purpose of the Family Agricultural zoned district according to the Zoning Code is to provide for a blend of small -scale agricultural operations associated with residential activities which may be characterized by farm estates, small acreage farms, or subsistence lots in areas where public services and infrastructure are appropriate to support the very low density residential needs of the community and where a substantial number of surrounding parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this zoned district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the Land The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 Study Bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands by the State Department of Agriculture's ALISH (Agricultural Lands of Importance to the State of Hawai`i) classification system, provided that this district may include lands so classified if the lands are situated within an Urban Expansion or other urban designation under the general plan LUPAG map. The subject property does have soils classified by the Land Study Bureau as "B' or "Good" and is classified as "Prime Agricultural Lands" as well as Existing Urban Development by the ALISH. The property's Low Density Urban LUPAG designation, however, indicates that this general area is appropriate for urban land uses and therefore, it would be appropriate to allow the establishment of the Family Agricultural district classification in this area. Surrounding properties in the general area of the subject property are in residential and agricultural use. The surrounding properties to the east, west and south are zoned RS -15 and are predominantly in single family residential use with several lots zoned for commercial uses along the Akoni Pule Highway. The North Kohala Community Development Plan, which was adopted by Ordinance No. 08 -151 on November 5, 2008, calls to direct North Kohala's growth to areas within and near existing town centers in order to preserve the district's open space and cultural resources, and to promote agriculture. This particular area is referred to as the Honomakau Town Center, so approval of this change of zone would support the North Kohala Community Development Plan. Thus, the applicant's request for a change of zone to FA -2a in order to subdivide and create two, 2 +!- acre lots is appropriate in this area as it will not diminish the potential for future agricultural uses on the property, is consistent with the purpose of the Family Agricultural district in the Zoning Code, as is not contrary with the General Plan and LUPAG Map designation of Low Density Urban and lastly, is consistent with the North Kohala Community Development Plan. All essential utilities and services are available to the site. Access to the property will be from Union Mill Road, which is a private roadway with a 20 -foot pavement within a 50 -foot right -of -way. The applicant owns TMK: 5 -4- 010:029, which will be used to provide access to the subject property from Union Mill Road. The Department of Public Works has requested that the applicant improve Union Mill Road to dedicable standards from Akoni Pule Highway to the subdivision access road consisting of, but not be limited to, pavement resurfacing and drainage improvements, concrete curb, gutter and sidewalk, street lights, signs and markings. A condition of approval will be added in response to the Department of Public Works request, but without the requirement of drainage improvements and concrete curb, gutter and sidewalk improvements. The reason for not requiring these improvements is that they are The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 extensive, and currently Union Mill Road has grass shoulders, which is sufficient for drainage purposes at this time. County water can be made available to the property via an existing 6 -inch waterline within Union Mill Road or an 8 -inch waterline along Akoni Pule Highway. As there is no municipal sewer system in the area, wastewater will be disposed of into individual wastewater systems meeting the standards and requirements of the State Department of Health. Solid waste will be disposed of by commercial haulers or individual homeowners into an approved landfill. Additionally, the Department of Environmental Management recommends the applicant provide a Solid Waste Management Plan to address solid waste for the proposed subdivision. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X ", which is an area determined by FEMA to be outside the 500 -year floodplain. If required by the Department of Public Works, the applicant will provide a drainage study and ensure that all development generated storm run -off be disposed of on -site and not allowed onto adjacent properties or roadways. It should be noted that there will be a need to adjust the subdivision plat to make Lot 10 usable. Electrical and telephone services are available to the property. Police and fire services are located about 2 miles to the east in Kapaau. The closest public schools, which are Kohala Elementary and High Schools, are located just to the west of the subject property. The County's Kamehameha Park complex is within one mile from the subject property. To limit the cumulative impact of the proposed subdivision on area infrastructure, a condition of approval will prohibit a second dwelling and condominium property regime on each lot. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located over one mile from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 Investigation of valued resources: An Archaeological and Limited Cultural Assessment conducted by Robert B. Rechtman Ph.D., Ashton K. Dircks Ah Sam B.A., and Johnny R. Dudoit, B.A. and a biological reconnaissance performed by Ron Terry and Patrick J. Hart of Geometrician Associates were included in the application. The valued cultural, historical, and natural resources found in the rezoning area: The property has a history of heavy and long -term disturbance from past sugar cane cultivation. Currently, the property shows evidence of heavy and recent usage for ranching and pasture. As such, it is anticipated that no historic properties will be affected. A condition of approval will require that the applicant cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. Possible adverse effect or impairment of valued resources: There is no evidence that the flora or fauna in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: There is no evidence of gathering for cultural purposes taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -20a) to a Family Agricultural (FA -2a) zoned district would result in an appropriate land use pattern and further the public convenience, necessity and general welfare. For your favorable consideration, an amendment to Section 25 -8 -9 (Hawi-Kapa'au Zone Map) and Section 25 -8 -7 (North and South Kohala District Zone Map), of the County Zoning Code is transmitted. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 6 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Frederic Housel, Chairman Leeward Planning Commission Ewminvestmentsrez 10- 0001231wpc2 Enclosures cc: Mr. Gregory R. Mooers EWM Investments LLC Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT - Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BEWMlnvestments- REZI0- 123.jwd 06 -07 -10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT EWM INVESTMENTS, LLC CHANGE OF ZONE APPLICATION (REZ 10 -123) EWM INVESTMENTS, LLC has submitted an application for a Change of Zone from Agricultural 20 -acre (A -20a) to Family Agricultural 2 -acre (FA -2a) for 24.186 acres of land. The property is located approximately 270 feet northwest from the intersection of Akoni Pule Highway (Highway 270) and Union Mill Road behind the residential tract located along both roadways, Kapu`a and Puehuehu, North Kohala, Hawai`i, TMK: 5 -4- 008:001. REQUEST 1. Proposed Request: The applicant is requesting a Change of Zone from Agricultural 20- acre (A -20a) to Family Agricultural 2 -acre (FA -2a) for 24.186 acres of land to create a ten -lot family - agricultural subdivision. (Planning Department Exhibit 1- Change of Zone Application) 2. Reasons for Request: According to the applicant, the subdivision of the property into ten lots of 2+ acres each will provide more marketable family - agricultural lots in the North Kohala area for families who are interested in subsistence farming or small scale commercial farming on this productive farmland. The smaller lots would provide adequate area for a house site and for agriculture to allow more families an opportunity to grow their own food or produce agricultural products to supplement their income in the community. It should be noted that the proposed subdivision plan shows a largely unusable Lot 10, most of which is in Kapu'a Gulch. 3. Landowner: The applicant is the landowner of the property. STATE AND COUNTY PLANS 4. State Land Use Designation: Mainly Agricultural with a small portion in Urban along the western boundary of the property. 5. County Zoning: A -20a. 6. GP LUPAG Map: Low Density Urban. 7. North Kohala Community Development Plan: Adopted by Ordinance No. 08 -151, -1- ATTACI: Corrm. 887 Bill 272 effective on November 5, 2008, the plan calls to direct North Kohala's growth to areas within and near existing town centers in order to preserve the district's open space and cultural resources, and to promote agriculture. 8. Special Management Area (SMA): The SMA is a part of the Coastal Zone Management Program and regulated by the County. The property is located over 1 mile from the nearest shoreline and is not situated within the Special Management Area. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 9. Subject Property: The property is irregular in shape and is 24.186 acres in size. There are no building permits issued for the subject property. According to the applicant, the property was previously used for growing sugar cane. There are several minor, temporary agricultural structures on the property, which are associated with ranching, equestrian and bee - keeping activities. 10. Surrounding Zoning and Land Uses: The surrounding properties to the east, west and south are zoned RS -15 and are predominantly in single family residential uses. There are several larger agricultural lots to the south that are zoned A -20a. There are several commercial lots zoned CN -10, CN -20 and CV -10 to the south along Akoni Pule Highway. 11. U.S.D.A. Soil Type: Kohala silty clay (Kha). These soils are used for sugarcane cultivation; runoff is slow and permeability is moderately rapid. 12. ALISH: Prime Agricultural Land and Existing Urban Development. 13. Land Study Bureau's Productivity Rating: `B" or "Good" and Existing Urban Development. 14. FIRM: Zone "X ", an area outside of the 500 -year flood plain. 15. Flora /Fauna: A biological reconnaissance of the subject property was performed in October of 2009 by Ron Terry and Patrick J. Hart of Geometrician Associates. According to the report, the results of the reconnaissance identified that the subject property shows evidence of heavy and recent usage for ranching and pasture. The site is dominated by guava in the tree layer, with a very diverse assemblage of other weedy trees. No rare, threatened or endangered native plant species were present or would be expected in this site. Although no systematic fauna counts were conducted given the -2- highly disturbed nature of the site on the urban/agricultural interface, 110 native fauna were observed during the course of the botany survey or other site visits to the site. Several alien bird species were noted during the survey and listed in the report. Additionally, the Hawaiian Hawk or `Io, the Hawaiian owl or Pueo, and the Hawaiian hoary bat probably make some use of the area. 16. Archaeological /Cultural /Historical Resources: An Archaeological and Limited Cultural Assessment was conducted of the property by Robert B. Rechtman Ph.D., Ashton K. Dircks Ah Sam B.A., and Johnny R. Dudoit, B.A. The field survey determined that no archaeological sites were present, which was expected due to the heavy and long -term disturbance from sugar cane cultivation. The archaeologists recommended that no further historic preservation work or mitigation is needed, a finding that is being reviewed by the State Historic Preservation Division. Additionally, the limited cultural assessment of the property identified the property as having been planted in sugarcane for the better part of the late nineteenth and early twentieth centuries. The assessment concluded that there were no valued natural or cultural resources or cultural practices identified for the subject property. 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 18. Access: Access to the property will be from Union Mill Road, which is a private roadway with a 20 -foot pavement within a 50 -foot right -of -way. The applicant owns TMK: 5 -4- 010:029, which will be used to provide access to the subject property from Union Mill Road. According to the applicant's submitted site plan, a roadway lot will be created in the subdivision of the property to provide access to the proposed lots from Union Mill Road. 19. Water: County water is available to the property. 20. Wastewater: According to the applicant, wastewater disposal for each lot will be via Individual Wastewater Systems approved by the State Department of Health. 21. Solid Waste: According to the applicant, all household waste will be transported and disposed of by the homeowners or commercial haulers to the transfer stations or to -3- Puuanahulu Landfill. No construction waste or commercial waste will be deposited at the transfer station. The applicant will prepare a Solid Waste Management Plan in accordance with the requirements of the Department of Environmental Management. 22. Essential Utilities and Services: Electricity and telephone are available to the site. Police and fire facilities are located in Kapaau. AGENCIES' COMMENTS 23. Department of Public Works: (Planning Department Exhibit 2 — June 7, 2010 Memo) 24. Department of Water Supply: (Planning Department Exhibit 3 — May 11, 2010 Memo) 25. Department of Environmental Management: (Planning Department Exhibit 4 — May 7, 2010 Memo) 26. Police Department: (Planning Department Exhibit 5 — April 21, 2010 Memo) 27. Fire Department: (Planning Department Exhibit 6 — April 29, 2010 Memo) 28. Office of Housing and Community Development: (Planning Department Exhibit 7 — April 20, 2010 Letter) 29. Department of Land and Natural Resources -Land Division: (Planning Department Exhibit 8 — April 16, 2010 Letter) 30. Department of Health: (Planning Department Exhibit 9— May 6, 2010 Memo) AGENCIES - NO RESPONSE 31. Department of Public Works, Department of Land and Natural Resources — State Historic Preservation Division, Department of Transportation, Land Use Commission and NRCS. APPLICANT'S RESPONSE TO AGENCY COMMENTS 32. The applicant has submitted several letters in response to agency comments. (Planning Department Exhibit 10 — Letters dated April 30, May 6, 2010 and May 19, 2010) PUBLIC COMMENTS 33. As of the date of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -4- Post Office Box 1101 I GOERS Kamuela, Hawaii 96743 ENTERPRISES LLC Phone (808) 880 -1455 Fax (808) 880 -1456 Land Use Alternatives gmooers@hawan.rr.com - f ,,, CHANGE OF ZONE APPLICATION APPLICANT: EWM INVESTMENTS, LLC AGRICULTURAL 20- ACRES (A -20a) TO FAMILY - AGRICULTURE 2 -ACRES (FA -2a) PUEHEHU AND KAPUA, NORTH KOHALA, HAWAII TMK: (3) 5 -4- 008:001 Prepared by: Gregory R. Mooers December 2009 Planning Dept. Exhibit CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: EWM Investments, LLC, Ernest W. Moody, M. I a: 'ng Me I - APPLICANT'S SIGNATURE: ! DATE: /2- 7 -07 ADDRESS: c/o Charles Anderson 65 -1323 Kawaihae Road Kamuela, Hawaii 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: Managing Member LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808) 885 -5557 (Res.) (Fax) (808) 885 -4895 LANDOWNER(S): EWM Invest • s, LLC, Ernes W. food , Mana_in� Member LANDOWNER SIGNATURE(S): 1 DATE: / 2- 7 -0 (May be by Letter) LANDOWNER(S) ADDRESS: 2116 Redbird Dr., Las Vegas, Nevada 89134 REQUEST: Agricultural 20-acres (A -20a) TO Family Agricultural 2 -acres (FA -2a) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 5- 4- 008:001 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 24.186 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 880 -1455 (Res.) -1454 (F 880 -1456 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: Charles Anderson (See Instructions on Reverse Side) ATTACHMENT 'agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE i If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 24.186ac b Into what lot sizes? 2+ - acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 mos. d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. Enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. p n 2 E /Ra f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. �• Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It will create ten 2 -acre family agricultural lots that will accommodate 10 families in the North Kohala area. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? No a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot -size for that commodity? C. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. application If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7 . To your knowledge, has there been any flooding and /or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9 . What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X • b. Roads X c. Sewer X d. Drainage X -3- Yes No e Police Protection X f. Fire Protection X g, Recreational Facilities X X h. Public Utilities I. Other X For those checked "yes ", please elaborate what type or kinds of improvements and /or assistance are needed. Signature: Address: 65 -1323 Kawaihae Road Kamuela, Hawaii 96743 Telephone : (808) 885 -5557 Date: /42 -7 -4? -4- EWM Investments LLC Change of Zone Application CHANGE OF ZONE APPLICATION EWM INVESTMENTS, LLC AGRICULTRAL 20 -ACRES (A -20a) TO FAMILY AGRICULTRAL 2 -ACRES (FA -2a) Tax Map Key: (3) 5 -4- 008:001 Puehuehu and Kapua, North Kohala, Hawaii Applicant: Ernest W. Moody, Managing Member The applicant, Ernest W. Moody, managing member of EWM Investments, LLC, owner of the subject property is seeking a Change of Zone from Agricultural 20- acres (A -20a) to Family Agricultural 2 -acres (FA -2a) for the 24.186 acre parcel located north of Hawi - Niulii Road at Puehuehu and Kapua, North Kohala, Hawaii, Tax Map Key (3) 5 -4- 008:001. This action would allow the creation of a proposed ten -lot family - agricultural subdivision. I. GENERAL INFORMATION: Ernest W. Moody is the Managing Member of EWM Investments, LLC. The subject property has been previously used for several decades for the commercial production of sugar cane. More recently, the previous owner, Surety Kohala Corporation, utilized the property periodically to pasture animals. 1 EWM Investments LLC Change of Zone Application The applicant would like to change the zone of the property to Family Agricultural 2 -acres (FA -2a) to allow the subdivision of the property into ten lots to provide more marketable family- agricultural lots in the North Kohala area for families who are interested in subsistence farming or small scale commercial farming on this productive farmland. The current size of the parcel is too large and too expensive to reasonably support commercial agriculture. Smaller lots which provide a house site and adequate area for agriculture would allow more families an opportunity to grow their own food or produce agricultural products to supplement their income in this community. II. SUBJECT REQUEST/PROPOSED DEVELOPMENT: A. The applicant is proposing change the zoning for the 24.186 acre parcel from the Agricultural 20 -acres (A -20a) zone to Family- Agricultural 2 -acres (FA -2a) zone. This will allow the subdivision of the property into 10 2+ -acre lots compliant with this new zoning. Please see the change of zone exhibit, Exhibit A. B. The 24.186 -acre property is located at Puehuehu and Kapua, North Kohala, north of the State Highway 270, also known as the Hawi- Niuli`i Road and Akoni Pule Highway, and west of Union Mill Road. It is located near the intersection of those two roads and is separated from them by sections of the residential Kynnersley Road Tracts 1 and 3. It currently contains minor, temporary agricultural structures associated with ranching, equestrian and bee - keeping activities. C. Access to the parcel is from Union Mill Road a two -lane privately owned and maintained roadway with 20 -feet of pavement in a 50 -feet right -of -way, through a parcel (TMK: (3) 5 -4- 010:029) owned by the applicant. D. Utilities are provided to the property from the overhead lines from Union Mill Road. Telephone service is provided to the site by Hawaiian Telcom. 2 EWM Investments LLC Change of Zone Application E. Potable water is provided from the Department of Water Supply through their distribution system, an 8" line, on Union Mill Road. With the concurrence of DWS, the applicant has assigned nine additional water commitments to this property from their adjoining parcel, TMK (5 -4- 007:0 Location: Tax Map Key: 5.4- 008.001 Figure El " _� ' - r; , ���,,; a • froziw _ .,, , r , ' ' as4 I - I , ?ff.; __ .; . • -- 1---------ii.:•-!-IT-1 O r I ' /06-„,---._.....' . T 6] A + t`#11 tae �` I �•�~ • ti. J 7• t f� i ,If ..;,M,F, ' '''''. ' ' ''.- '-..."... i ails. . *-- ' I .....-.'-'...:** pil of 1 r - `l. i'' 7 . • -• ... ■ 4.7;„,,,t, cai,,,,,., i= -=., 7 "" ,k 1_!, t .• Z'* Subject Parcel Surrounding Parcels _. .---; i _ Honomakau, Hawaii Island ► 1 1 4 50D 1,000 1,500 2,000 Feet N 3 EWM Investments LLC Change of Zone Application B. Hawaii State Plan: The subject request will not be contrary to the State Land Use Law, whose purpose is to preserve, protect and encourage the development of lands in the State for their best uses in the interest of public welfare. In this situation the subject site's soil resource is Class B. The purpose of this action is to provide more opportunities for families to utilize these lands with a premium soil type. The Hawaii State Plan consists of goals, objectives, policies and priority directions to guide the future long -range development of the State. The proposed action conforms with the applicable objectives and policies discussed below. GOALS • A strong, viable economy characterized by stability, diversity, and growth that enable the fulfillment of the needs and expectations of Hawaii's present and future generations. • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well being of the people. • Physical, social and economic well being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. APPLICANT'S RESPONSE: The proposed subdivision will contribute to the attainment of the goals in the Hawaii State Plan, in that the subdivision will increase the availability of additional family- agricultural lots to Hawaii residents that contribute to the stability, diversity and growth of the local and regional economies while providing a desired physical environment. The ability of the lot owners to raise some of 5 EWM Investments LLC Change of Zone Application their own food and to supplement the family's income with agricultural products is a goal of this subdivision that will support the goals in the State Plan. C. Applicable Goals. Policies and Courses of Action of the General Plan: The Hawaii County General Plan contains goals, policies and courses of actions as well as a Land Use Pattern Allocation Guide (LUPAG) Map. The proposed project is also consistent with the Goals Policies and course of action in the General Plan. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. STANDARDS • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. AGRICULTURAL GOALS • Identify, protect and maintain important agriculture lands on the island of Hawaii. • Preserve the agricultural character of the island. 6 EWM Investments LLC Change of Zone Application • Preserve and enhance opportunities for the expansion of Hawaii's Agricultural Industry. Policies (a) Implement new approaches to preserve important agricultural land. (b) Assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. (d) Agricultural land may be used as one form of open space or as green belt. (1) Assist in the development of agriculture. (r) Encourage, where appropriate, the establishment of visitor - related uses and facilities that directly promote the agriculture industry. (u) Encourage other compatible economic uses that complement existing agricultural and pastoral activities. APPLICANT'S RESPONSE: The request is consistent with the agricultural and land use elements of the General Plan. The proposed subdivision will allow a more intense use of this agricultural land than has recently been the case by allowing ten families to grow agricultural products on this land. This type of subdivision is in keeping with the rural /agricultural nature of North Kohala advocated by the Community Development Plan. D. General Plan Designation: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The project area is designated as "Low Density Urban". 7 EWM Investments LLC Change of Zone Application APPLICANT'S RESPONSE: The property's agricultural potential is maintained and other agricultural act could be added by the proposed subdivision. The proposed family- agricultural subdivision provides a urban type use for single - family residences while allowing for a more intensive agricultural use than the traditional grazing activities that recently have taken place on the property. s f C :t' � : ter" ! � �a ' ' y � : t : , ":r �t F € s 5 4, :. * r a ,� �� ��a `'" may` ''�� ' i +.,, ▪ tk -.- .�- e'`f _ a f y� n f F -� , 4 ' " 'Y Z u to p y ;�i k � s+ 04 4 fir . z::; f � r . 44 f 8 EWM Investments LLC Change of Zone Application E. North Kohala Community Development Plan The key planning implications related to Kohala's demographics and economics include: Population — Kohala is a rural area and should be maintained as such. Thus, development should be directed to more urban areas. Economic opportunities — Agriculture should be supported and promoted, and other economic opportunities should be explored. APPLICANT'S RESPONSE: The proposed change of zone will be rural in nature and support the CDP's vision of a rural Kohala. The proposed action will also support the previous agricultural use of the property and promotes a unique family- agricultural activity. This development is surrounded by residential and commercial developments, thus it is directing this growth to an area that has been urbanized previously as mandated by the CDP and which is designated as "low density urban" by the General Plan. KCDP ENVIRONMENTAL AND CULTURAL CONCEPT MAP The map on the following page is.... "intended to graphically demonstrate some of the major components of the North Kohala CDP Vision, Values, and Goals for the future of the district. It is not meant to be an accurate map of today's land use. Instead, it is a conceptual map — how the community would like its land to be utilized in the future. Some of the key ideas demonstrated include the following: • Cultural sites and resources are protected, especially those found in high concentrations along the coast (note: due to the cultural sensitivity and/or sacredness of some places, not all sites are open access). • Shoreline and coastal resources are protected. • Agricultural lands are recognized and utilized for agriculture. • Future growth is directed within or near town centers. • Upscale development is limited to the areas where it is already located. 9 EWM bzvestments LLC Change of Zone Application • The streams in the eastern part of Kohala are allowed to flow. " AP PLICANT'S RESPONSE: The area of the subject property is identified as a "Town Center" at Honomakau. The proposed Family- Agricultural zoning is consistent with this Environmental and Cultural Concept Map by "directing growth within or near town centers ". � • s Y 1 -•� - L14 ,-,-.--i.-..f:::,-..-...-;,---;-,-------,-i----7,:-: ----:: : - . „--, . --,4,--- :',..:( - :-.-,-; , ,,...,..-.._.,-, - a, , .:-.-,,-,..,!,-, ; 7,3:7 , . ,... , . it _,_... _ iw e n. r i yy 'r rc iirs_ c - '.. 'n t x ,3'y-�E: s�az9 4 3 � R 1.,_ ,---,t'f.'-i----=',*..4-t'-''''''''f-' '''-'-- - .--- -- ' - - ',-,::- Icg - —. ' — .t.,i- _ ,- . ':-. : t i I .,. ,A I 4 4,": '',. si -_ -_,,,,....., _.„ -- s , -, g.,rp:- . 1.,...-7.:....!-,-,--- . - - Z'::: :-- at -:: :- ' : # 1-03 - --_-_-:.7-',:;.--, -- .-Z- 1 -'- - ...., - z 10 1 1 A-200 . Subject Propert` Y ® Ae. ' CN 20 ro ZI ti 1 1 4 �, Cli n y r , S 4Y .1� (� C� =1A a t, n •':;::::',,),•,,'..,:.:,,,,!:,:4•:‘,,...:•' ''',,,,, 41„ ''' ,• 1 , J . , , ''' . ., ' , . ' ' 1 . ' ' , N O f0 , b COUNTY ZONING R�1° o ' EWM Investments LLC Change of Zone Application F. County Zoning Code: The current zoning for this parcel is Agricultural 20 -acres (A -20a). The applicant is requesting the change to Family- Agricultural 2 -acres (FA -2a), which is compatible with the surrounding zoning. Zoning in the immediate area is a mixture of RS -15, RS -10, CV -10, CN -10, CN -20, A -3a, A -5a and A -20a, APPLICANT'S RESPONSE: The applicant believes the proposed FA -2a zoning is consistent with the surrounding zoning and allows for additional family - agricultural lots and will help perpetuate the agricultural use of this property with good soil - quality. G. Special Management Area: The subject property is not located within the County's Special Management Area (SMA), and as such does not require a SMA review or permit. H. Chapter 205A: Coastal Zone Management Act: The subject property is located 1.1 miles mauka of the coastline in Honomakau, North Kohala, north of the State Highway 270, also known as the Hawi- Niuli`i Road and Akoni Pule Highway, and west of Union Mill Road. It is located near the intersection of those two roads and is separated from them by sections of the residential Kynnersley Road Tracts 1 and 3. The proposed change of zone of the subject property will not negatively impact recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystems. Therefore no scenic or open space resources; access to the shoreline; coastal view planes; or coastal ecosystem will be negatively impacted by the proposed action. 12 EWM Investments LLC Change of Zone Application I. Mountain Access: The subject property is surrounded by the regional roadway system, vacant lands, Kohala Elementary and High Schools, the new Kohala Public Library, Takata Store and more urban type subdivisions along Union Mill Road. The subject property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed change of zone. IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING: Physical Characteristics /Environmental Setting: A. Description of subject property, location, climate, topography, slope, soils (including size, shape existing structures): The 24.186 -acre property is located in Honomakau, North Kohala, north of the State Highway 270, also known as the Hawi- Niuli`i Road and Akoni Pule Highway, and west of Union Mill Road (Figure E1 on page 3). It is located near the intersection of those two roads and is separated from them by sections of the residential Kynnersley Road Tracts 1 and 3. It currently contains minor, temporary agricultural structures associated with previous ranching, equestrian and bee - keeping activities. Climate near the highway in Honomakau is mild, with an average annual rainfall of about 60 inches (UH Hilo Department of Geography 1998). The elevation is about 480 feet in the center of the property, with a slope of approximately 5 percent. The surface geology is basalt lava flows from Kohala Mountain (Wolfe and Morris 1996). The soil is classified as Kohala silty clay (USCS 1973). The soil and geology are suitable for farming and residences. B. Lava Hazard Zone: The subject property is located in Lava Flow Hazard Zone 9 (on a scale of descending risk 1 to 9). The low hazard risk is based on the fact that Kohala Volcano, the oldest volcano on the island, has not erupted for 60,000 years and is 13 EWM Investments LLC Change of Zone Application possibly extinct (Heliker 1990). As such, there is negligible risk of lava inundation over relatively short time scales in the project area. C. Distance from coastline: The nearest section of the coastline is located 1.1 miles to the northeast. D. Agricultural Lands of Importance to the State of Hawaii (ALISH) designation: The ALISH classification for the property is mostly Prime Agricultural Land. In this classification system, three categories of valuable agricultural land are identified: Prime, Unique, and Other (Baker 1976:4). Prime Land "has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed . . . according to modern farming methods ". Island -wide, Prime Lands constitute about 4 percent of the surface, Unique Lands less than 1 percent, Other Lands about 18 percent, and Unclassified the remaining 78 percent. The Prime lands on the property were formerly used for sugar cane cultivation. AL ISH Ta x Map Key: 5- 4008 -001 Figure E2 raropr.:41 11.111111111M II Mr iriPETPiks, AP, AVAIIII 1.4ausim ,aft 6,..--1-. i ..p 111r- fella 41 "WV Arlp PP .,,:,, 11,14.4. ,f_ 7--4 l - r War Ay 47 44: -- W 1 14.4" . £4 s 1.--%:-.)1 Subject Parcel il ti ,7't�. ALISH Categories t 1` tf, re Unclassified ,A E � 40 , A Prime Lands . '`-- _ I m rt: Unique Lands &.& xit 44141 1 1 Other Lands A t' MOTE 4Adqu e• and - 0rhel Rat gortes pp Do Not Ammar es Vier[ =,Q- f 4 Agricultural Lands of Importance to State of Hawaii , 0 500 1.000 1.600 2.000 Feet N 14 EWM Investments LLC Change of Zone Application E. U.S.D.A. Natural Resources Conservation Service soil type: The soil is classified as Kohala silty clay (Kha). This well- drained soil is typically three to five feet deep above bedrock (USCS 1973). F. Land Study Bureau Soil Rating: The western portion of the property is unclassified, but the remainder of the property is classified as Land Study Bureau rating B (Figure E3). In the 1965, the University of Hawai`i's Land Study Bureau mapped the interaction of particular soil properties, topography and climate that served to differentiate land types and provided a basis for correlating and establishing productivity ratings. A five -class productivity rating system was developed with "A" representing the class of highest productivity and "E" the lowest. The Over -all Productivity Rating evaluates each Land Type in its over -all or general productive capacity and not for any specific crop. The `B" rating for the subject property is reflected in the long history of sugar cane cultivation. Land Study Bureau (LSB) Tax Map Kay_ 5-4- 008 -001 Figure E3 4:4 „ . c„:„. Land Productivity '1fir (LSB Ratings) p NM A Highest ® B I I c D E Lowest _ N Not Classified Subject Parcel o h o MwryipTora mew Calesodes TV and "0" Land Study Bureau Productivity Ratings 0 500 1.000 1.500 2,000 Feet N 15 EWM Investments LLC Change of Zone Application G. Flood Insurance Rate Map (FIRM) designation: The subject property, including Kapua Stream, which traverses the site, is designated Zone X, defined as areas outside the 500 -year flood plain, on the Flood Insurance Rate map FM 1551660100C (FIRM) by the Federal Emergency Management Agency (FEMA) (Figure E4). Figure E4 Flood Insurance Rate Map di :613 W ii = , O l; 4 y 4 § 9 z r ` a . ,pi 2 1:7.7 11+ _ I r. W X $ I - i —t N ti f ` f.Y °s ofnt Y •' N.),*. - ', b S{,;. ilk. -' •J' .`.;":-/ 4 t ;t _ f _ - J '`- 'h _ z .. n ' - , • ■ N •r 1 -t-i a � b I 1r " R r f t r - -lb E,. r i.. a / 16 EWM Investments LLC Change of Zone Application H. Existing drainage ways or improvements: The portion of the property between the new library and the Kohala Schools complex is divided by Kapua Stream, whose current flow is intermittent but which is listed as a blue -line permanent stream on USGS maps. At least within the subject property, the channel is indistinct and heavily vegetated. Because of the potential for the stream to be considered a water of the U.S. under Section 404 of the Clean Water Act, the U.S. Army Corps of Engineer, Honolulu District, Regulatory Branch should be contacted if the stream is to be crossed by bridges or a culverted road. No wetlands are apparent. No existing drywells, drainage ditches, or other drainage improvements are present. Air /noise /water quality: The strong and steady trade winds of this part of Kohala contribute to excellent air quality by generally dispersing human - derived pollutants as well as volcano- induced vog. In areas with bare surfaces, however, the strong winds may also exacerbate dust problems caused by fugitive dust emissions from nearby agricultural and construction activities and vehicle traffic. Ambient noise at the site and on adjacent properties is moderate and is derived mainly from adjacent residential, agricultural, commercial and school activities. There are single - family residences adjacent to the property. The proposed use of the property for Family Agriculture lots will generate similar types of noise to those already existing, and no noise mitigation would appear necessary. Receiving waters in the area include Kapua Stream, which outlets to the ocean after a course of about 1.5 miles and is discussed above in Items G and H. In conformance with federal, State and County laws, construction -phase permits including Grubbing and Grading and National Pollutant Discharge Elimination System must be obtained. These will include Storm Water Pollution Prevention Plans that contain Best Management Practices (BMPs) specifying what site - specific 17 EWM Investments LLC Change of Zone Application measures must be undertaken to avoid or minimize erosion, sedimentation and flooding. On a permanent basis, water quality will be best protected through adherence to Chapter 27, which restricts drainage flowing offsite to that level that existing pre - development. Drywells or other structures capture runoff and direct it underground where it undergoes a high level of natural remediation. Historic Resources: J. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: A cultural resources management firm conducted an archaeological and limited cultural assessment of the property (Exhibit B). Evidence of significant land - alteration is present across most of the project area. A majority of the subject property had been used for sugarcane cultivation for over a century by Union Mill and later the Kohala Sugar Company up until 1973. Following the termination of the sugarcane cultivation, the land was turned to pasture and leased for cattle grazing and equestrian purposes. Archaeological fieldwork for the current project was conducted on October 2 and 8, 2009 by Robert B. Rechtman Ph.D., Ashton K. Dircks Ah Sam B.A., and Johnny R. Dudoit, B.A. The entire study parcel was subject to east/west pedestrian transects with a 20 -meter spacing interval. The field survey determined that no archaeological sites were present, which was expected given the heavy and long -term disturbance from sugar cane cultivation. Given the absence of findings, it is concluded that the subdivision and subsequent development of TMK: 3- 5- 4- 08:001 will not significantly impact any known historic properties. The archaeologists recommended that no further historic preservation work or mitigation is needed, a finding that is being reviewed by the State Historic Preservation Division. 18 EWM Investments LLC Change of Zone Application Natural Resources: K. Existing floral/faunal resources (any native or exotic plants, any listed or candidate threatened or endangered species): The site was formerly in agricultural use, and no natural vegetation is present. Given the rainfall, geology, soil, and existing vegetation, the area probably supported a Lowland Mesic Forest (Gagne and Cuddihy 1990) prior to human disturbance, with a diversity of canopy and understory trees, along with ferns and native herbs and grasses in the lower stories. Very few such ecosystems survive in the Hawaiian Islands, because they also offered good locations for traditional Hawaiian agriculture, and later sugar cane, and they are also highly subject to being invaded by introduced species. Most such areas are heavily invaded by guava (Psidium guajava), octopus tree (Schefflera actinophylla), Java plum (Syzygium cumini), and guinea grass (Panicum maximum). A biological reconnaissance of the subject property was performed in October 2009 by Ron Terry and Patrick J. Hart of Geometrician Associates. The subject property shows evidence of heavy and recent usage for ranching and pasture, and may have a history of sugar cane farming as well. The site is dominated by guava in the tree layer, with a very diverse assemblage of other weedy trees. In clearings that are evidently manmade, Hyptis pectinata, guinea grass, and a large variety of weeds dominate. The portion of the property between the new library and the Kohala Schools complex has several distinct vegetation types. Much of this area is similar to the main portion of the property, but the gulch area, which lacks a clear channel or apparent wetlands, is dominated by guava, the native popolo (Solanum americanum), and various grasses, Another portion that was apparently intensively grazed consists entirely of grasses, and another portion is dominated by ironwoods. The species list (Table 1) includes the typical introduced, weedy species of lowland North Kohala. Only two common native plants were observed, uhaloa (Waltheria indica) and popolo, both of which grow in disturbed areas. No rare, threatened or endangered native plant species were present or would be expected in this site. 19 EWM Investments LLC Change of Zone Application Table 1 Plant Species on Subject property Scientific Name Family Common Name Life Status Form * Amaranthus spinosus Amaranthaceae Spiny amaranth Herb A Asclepias physocarpa Apocynaceae Balloon plant Shrub A Casuarina equisetifolia Casuarinaceae Ironwood Tree A Chamaecrista nictitans Fabaceae Partridge pea Herb A Citharexylum caudatum Verbenaceae Fiddlewood Tree A Coccinia grandis Cucurbitaceae Ivy gourd Vine A Cocos nucifera Arecaceae Niu Tree A Commelina diffusa Commelinaceae Honohono Herb A Conyza bonariensis Asteraceae Hairy horseweed Herb A Crassocephalum Asteraceae Crassocephalum Herb A crepidioides Crotalaria sp. Fabaceae Crotalaria Herb A Cynodon dactylon Poaceae Bermuda grass Grass A Desmodium sp. Fabaceae Desmodium Herb A Eleusine indica Poaceae Goosegrass Grass A Euphorbia heterophylla Euphorbiaceae Kaliko Herb A Ficus microcarpa Moraceae Chinese banyan Tree A Hemerocallus sp. Liliaceae Daylily Hyptis pectinata Lamiaceae Hyptis Shrub A Indigofera suffruticosa Fabaceae Indigo Shrub A Ipomoea alba Convolvulacea Ipomoea Vine A e Lantana camara Verbenaceae Lantana Shrub A Leucaena leucocephala Fabaceae Haole koa Tree A Melaleuca quinquenervia Myrtaceae Paperbark Tree A Melia azadarach Meliaceae Chinaberry Tree A Mirabilis jalapa Nyctaginaceae Four -o -clock Herb A Mimosa pudica Fabaceae Sensitive plant Shrub A Momordica charantia Cucurbitaceae Bitter melon Vine A Panicum maximum Poaceae Guinea grass Grass A Passiflora edulis Passifloraceae Lilikoi Vine A Pennisetum purpureum Poaceae Elephant grass Grass A Phlebodium aureum Polypodiaceae Phlebodium Fern A Pluchea symphytifolia Asteraceae Sourbush Shrub A Psidium guajava Myrtaceae Guava Tree A Rhynchelytrum repens Poaceae Natal redtop Grass A Ricinus communis Euphorbiaceae Castor bean Shrub A Sacciolepis indica Poaceae Glenwood grass Grass A Schefflera actinophylla Araliaceae Octopus tree Tree A Schinus terebinthifolius Anacardiaceae Christmas berry Shrub A Senecio madagascariensis Asteraceae Fireweed Herb A Senna occidentalis Fabaceae Coffee senna Shrub A Sida rhombifolia Malvaceae Sida Shrub A 20 EWM Investments LLC Change of Zone Application Sigesbeckia orientalis Asteraceae Small yellow crown Herb A beard Solanum americanum Solanaceae Popolo Herb I Spathodea campanulata Bignoniaceae African tulip Tree A Sporobolus sp. Poaceae Smutgrass Herb A Stachytarpheta jamaicensis Verbenaceae Jamaica vervain Shrub A Syngonium aff. aurtium. Araceae Syngonium Vine A Syzygium cumini Myrtaceae Java plum Tree A Thunbergia fragrans Acanthaceae White thunbergia Vine A Triumfetta sp. Tiliaceae Triumfetta Shrub A Verbena litoralis Verbenaceae Owi Shrub A Waltheria indica Sterculiaceae `Uhaloa Shrub I Wedelia trilobata Asteraceae Wedelia Shrub A A = alien, I = indigenous Although no systematic faunal counts were conducted given the highly disturbed nature of the site on the urban/agricultural interface, no native fauna were observed during the course of the botany survey or other visits to the site. The alien bird species noted during the survey are listed in Table 2. It is quite possible that certain native forest birds, seabirds or migratory birds could utilize or fly over the site, but it is unlikely that any with threatened or endangered status would find the site suitable habitat or be affected by activities that occur on the parcel. The two Hawaiian raptors, the Hawaiian Hawk or `Io (Buteo solitarius), and the Hawaiian owl or Pueo (Asio flammeus sandwichensis), probably make some use of the area. Although the Hawaiian Hawk is an endangered species, the subject property is not considered to be part of its essential habitat. No hawk nests were observed, and the general nature of the habitat appears poor for hawks. As a precaution, however, if land clearing occurs within the months of March through September, a pre - construction nest search by a qualified ornithologist using standard methods is recommended. If Hawaiian Hawks are present, no land clearing will be allowed until October, when hawk nestlings will have fledged. The endemic Hawaiian hoary bat (Lasiurus cinereus semotus), often seen in the project area and in many other parts of the island of Hawaii, was not detected during the survey but may use resources within the subject property. As a 21 EWM Investments LLC Change of Zone Application precaution to reduce effects to Hawaiian hoary bats, clearing and grubbing should not be undertaken during the period from the beginning of June to the end of August, when bats are caring for their young and are most vulnerable to disturbance. Table 2 Birds Noted on Subject Property Scientific Name Common Name Status Acridotheres tristis Common Myna Alien Resident Cardinalis cardinalis Northern Cardinal Alien Resident Carpodacus mexicanus House Finch Alien Resident Geopelia striata Zebra Dove Alien Resident Lonchura punctulata Nutmeg Mannikin Alien Resident Paroaria capitata Yellow - Billed Cardinal Alien Resident Streptopelia chinensis Spotted Dove Alien Resident Zosterops japonicus Japanese White -Eye Alien Resident L. Scenic or coastal resources: The impressive upslope view from the property includes the Kohala volcano; downslope views include the coastline and ocean. The Hawaii County General Plan lists the coastal viewplane from the Akoni Pule Highway (various TMKs) as significant for its scenic character. The area is located more than a mile from the coast, and there are no views of the shoreline. Development of structures in conformance with the 35 -feet district height limitations for residential structures and 45- feet for all other structures will not create any scenic impacts or interfere with views. Figure E5 is a profile from State Highway 270 towards the coast, crossing the row of existing homes (typically no more than 25 feet high) and diagonally cutting across the subject property, providing an estimate of sight lines, showing that the shoreline is not visible from any locations, including the State Highway, near the property. Any visual effects of the distant view of the sea in the horizon will be very subtle from any vantage point, given the scale of the buildings and their context. 22 EWM Investments LLC Change of Zone Application a +.m,,,.r.wd- •- .. m..T �-- �. — . — a^t '. v. 3 "jai -'. �s' dxa� ^a7 I • . , 1 •. • ;,t.._ PP o- f . > aS S {:: s a '. {E K ° ff { ± y i ' - -i'- f. ,.a 9. ti+✓! ''' .".>,` �' :`� �, m 1 -�r 's y, re"v I �a {.,... 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'�,� � I - i' `” S : ..._. � ter I — - , { t t •, r 19. ,cl � I " & p '1 �� a "�" � a 7 �, 3p G i I J J , y * y r,r pa : '! l', ,: + °.''''.". T 4r 3 ii r E Y >ek 7 l '4 .;:i a z. -'.. . ,,a � : �i -; `i I' ' . :7 4 .0i f'+�S d'-'# rtr, '' . el, r Mz '� a ; � s � . ; - tea �t�tl � s �A � ,. , .." ,, ' x . ._.�. '- ,. -*' -- c`:, . 6 ,,, _ r, ,. +err w 7,. . • -' % � 1 1 , , : r 4 4 . ., ih G ip3. - * 9.p . ., ,,:. . :. , ; q i • ' �.... /, Y , c � i.: " s t ;4 ', j].,'.,fJJ', `ITt'l?'('., Cr v J? rn` *' y �. 1 a 1 fir r • *' , v t �.K k �,,y.�, ,. , . ,; „ �" ° I„I, - _° °'=°b- _ � e }:. � , � L r' f u. a � t I e 11-- i rL 1 ' +Ji r� + e e �s f, ` . r .Pa r w ad• P ' rF 1 A� • _. L J � IIL `_`I,_ 4 h '�• n'1 t 2 i I xa •.rlr { ,; k19 �� {�A lI 1. r fit, rt I, . 'x *° i'.. 'Jii I Ik� I� t { J 7 ,777 . -.. . a; _- "___ -.''�- - , ,e.:N' __ .y______..__,— _ ..-_— ___•V_._._...__ _ ____'- __ ---- ._ ___._._.._•.._ __ �`:"1� 4 . ` 'Y . �,_ _._ _ _ _a __w i'��. &. ..,,.. _,n M� °,+t+{f r w rtt i = e,-, j .n '. !-.. 23 • EWM Investments LLC Change of Zone Application Valued Cultural Resources: M. Traditional and customary native Hawaiian rights that are exercised in the area; the extent to which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights, if they exist: Rechtman Consulting conducted an archaeological and limited cultural assessment of the property in its context within the Kapu'a and Puehuehu ahupua `a of the Kohala moku of the island of Hawai`i (see Exhibit B for full report). The assessment of cultural impacts relative to the proposed subdivision of the property is based on the findings of the literature review and field study in combination with consultation with knowledgeable individuals in the community. There were no valued natural or cultural resources or cultural practices identified for the property as a result of the archival literature review, nor were any such resources or evidence of such practices observed during the field investigation. Additionally, the individuals who were interviewed as part of the cultural study all identified the parcel as having been planted in sugarcane for the better part of the late nineteenth and early twentieth centuries. Given the absence of cultural sites or practices on the subject property, it is concluded that the subdivision and subsequent development of family agricultural lots of TMK: 3- 5- 4- 08:001 will not significantly impact cultural resources and practices of a traditional and customary nature. Public access: N. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used: This property is not located near and does not provide access to the shoreline, mountains, or any other area. No public or private trails are located on or near the property. 24 EWM Investments LLC Change of Zone Application Socio- economic characteristics: 0. Social settlement pattern for the area; and Economic resources of the area: North Kohala's demographic characteristics still largely reflect its sugar plantation heritage (Table 3). However, despite the 2008 -2009 slowdown, the North Kohala District has seen significant growth over the past 20 years as a result of an influx of retirees and continuing development of resort complexes in the neighboring South Kohala District to which many residents commute for employment (Hawai`i County General Plan, 2005). Entrepreneurial activities, including health and wellness and eco- tourism enterprises, have also contributed to the growth. The major agricultural products are cattle, nursery products and macadamia nuts. Tourism is an important source of income and employment in the district, although economic conditions in Hawaii and Japan have delayed construction of a proposed resort. Table 3. Selected Socioeconomic Characteristics CHARACTERISTIC Hawaii Island North Kohala Total Population 148,677 6,038 Percent White 31.5 32.8 Percent Asian 26.7 24.6 Percent Hawaiian or Pacific Islander 9.7 9.5 Percent Two or More Races 28.4 31.1 Median Age (Years) 38.6 38.2 Percent Under 18 Years 26.1 24.4 Percent 65 Years and Over 13.5 13.4 Percent Households with Children 37.5 33.0 Average Household Size 2.75 2.97 Percent Housing Vacant 15.5 8.9 Median Household Income $39,805 $47,733 Percent Below Poverty Level 15.7 12.1 Source: U.S. Bureau of the Census. May 2001. Profiles of General Demographic Characteristics, 2000 Census of Population and Housing, Hawai `i. (U.S. Census Bureau Web Page). The area along State Highway 270 is a mixture of residential, commercial, institutional and agricultural uses. The immediate area near the State highway has several linear plantation camps, several grocery stores, a Post Office, credit union, a 25 EWM Investments LLC Change of Zone Application State library in the final stages of construction, and the Kohala Schools complex. Away from the highway are lands that are vacant, farmed, or used for grazing. Further residential/agricultural use would be in keeping with existing land use patterns and neighborhood character. The proposed ten (10) lots would not adversely affect the ability of government to deliver services. P. Land values: According to Realtors knowledgeable in this area, agricultural lands are valued at $50,000 to $100,000 per acre with large lots having a lower per acre value. Surrounding Lands: Q. Land use; and Zoning: The properties to the west are utilized for the Kohala High School, Kohala Elementary School and the new public library. These parcels are zoned RS -15. To the southwest along Hawi - Niulii Road are commercially zoned (CN -10 and CN -20) lands for Takata Store and a small restaurant. To the southeast single - family parcels are zoned RS -15, with commercial zoning (CV -10 and CN -10) at the intersection of Union Mill Road and Hawi - Niulii Road. Please see the County Zoning exhibit on page 11 of this application. V. PUBLIC FACILITIES AND SERVICES A. Description of access (paved/unpaved; private /County; right -of -way and pavement width: Access to the site is from Union Mill Road a privately owned roadway with 20- feet of pavement within a 50 -feet right -of -way, through a parcel (TMK: (3) 5 -4- 010:029) owned by the applicant. Please see the change of zone exhibit. B. Availability of water: Ten units of water are available from the Hawaii County Department of Water Supply from their 8" line on Union Mill Road. 26 EWM Investments LLC Change of Zone Application C. Sewage disposal: Wastewater disposal for each lot will be via Individual Wastewater Systems approved by the State Department of Health D. Solid waste: Household waste will be disposed of at the County of Hawaii's transfer station or at the Puuanahulu Landfill. No construction waste or commercial waste will be deposited at the transfer station. A Solid Waste Management Plan will be prepared in accordance with requirements of the Department of Environmental Management. E. Police and fire protection: Police and Fire services will be provided from the Kapaau stations two (2) miles east of the subject property. F. Schools: Kohala High and Elementary Schools are located just west of the subject property. G. Parks: The County's Kamehameha Park complex is within one -mile of the subject property. H. Other utilities and services (telephone/electricity): Telephone and electrical service are available from overhead lines on Union Mill Road. 27 EWM Investments LLC Change of Zone Application VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of the environment and maintenance and enhancement of long term productivity; B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact; C. Alternatives to the proposed development; and D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: No substantial adverse environmental effects are expected from the rezoning and the expected subsequent development of 10 family agricultural lots. Negligible short-term impacts to noise, traffic, scenic values and dust or sedimentation may occur during construction. Mitigation measures will be imposed that can successfully prevent long -term drainage, erosion or sedimentation impacts. These will be developed as part of County- approved grading and grubbing permits, drainage plans, and a National Pollutant Discharge Elimination System permit, which will collectively help ensure no net adverse impacts and potentially beneficial drainage impacts. In terms of the relationship between the short-term use of man's environment and the maintenance and enhancement of long -term productivity, no short-term exploitation of resources that would entail negative long -term consequences has been identified for the rezoning. "The subdivision of the property into ten family - agricultural lots will assist those who are interested in subsistence farming or small scale commercial farming on this productive farmland. The current size of the parcel is too large and too expensive to reasonably support commercial agriculture. Smaller lots which provide a house site and adequate area for agriculture would allow more families an opportunity to grow their own food or produce agricultural products to supplement their income in this community, representing an appropriate commitment of Prime Agricultural Land rated `B" by the Land Study Bureau." 28 EWM Investments LLC Change of Zone Application The construction of ten single - family agricultural residential units and associated infrastructure would involve the irreversible and irretrievable commitment of only minor quantities of natural resources. VII. PROPOSED FINDINGS: Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of this change of zone application. 29 EWM Investments LLC Change of Zone Application REFERENCES: Baker, H.L. 1976. Agricultural Lands of Importance to the State of Hawaii. University of Hawaii at Manoa College of Tropical Agriculture Cooperative Extension Service Circular 496. Honolulu. Gagne, W., and L. Cuddihy. 1990. "Vegetation" pp. 45 -114 in W.L. Wagner, D.R. Herbst, and S.H. Sohmer, eds., Manual of the Flowering Plants of Hawaii. 2 vols. Honolulu: University of Hawaii Press. Hawaii County Department of Public Works. 1970. Storm Drainage Standards. Hilo. Hawai `i County Planning Department. 2005. Hawai `i County General Plan. Hilo. Heliker, C. 1990. Volcanic and Seismic Hazards on the Island of Hawaii. Washington: U.S. GPO. U.S. Soil Conservation Service. 1973. Soil Survey of Island of Hawaii, State of Hawaii. Washington: U.S.D.A. Soil Conservation Service. University of Hawaii, Land Study Bureau. 1965. Detailed Land Classification - Island of Hawaii. Honolulu. University of Hawai `i at Hilo, Dept. of Geography. 1998. Atlas of Hawai `i. 3rd ed. University of Hawai`i Press. Honolulu. Wolfe, E.W., and J. Morris. 1996. Geologic Map of the Island of Hawai `i. USGS Misc. Investigations Series Map i- 2524 -A. Washington, D.C.: U.S. Geological Survey. 30 • EWM Investments LLC Change of Zone Application EXHIBITS IN SUPPORT OF CHANGE OF ZONE APPLICATION A. Change of Zone Exhibit with Description B. An Archaeological and Limited Cultural Assessment of TMK: (3) 5 -4- 08:001 C. Site Photographs EWM Investments LLC Change of Zone Application EXHIBIT A Change of Zone Exhibit with Description LLC _r itli /� � _ .aN l 1 . , \ \ u M la V% I . . _.... ,... � 0 • • a Ir a. .2211.25. u 4. •. • • 11 L1ll111 �//// '''//,• / \ D /ry55 <9 ION a 245'56'15 ry .. �� � \ , ...clam \\,- m 74.46 a e '/�� � � \ \a \ \J� \ y j n \ \ \ \ �o \\ e . .ayw h� ` \ \ N. •a LOT 7 \ �a v \ w a ` F `/ / //i ` �� \ i \ � \ , ^ M 2.652■1CS. \ ; `4e :.w'w \ "°"" I\ \ \ 24. 1'15 \ \ \ - \ 1 a C \ ° ° o ^ y °h \ LOX 1. i \ ry5 ,° \ �� nsn�`"°"v \ \ \ e aO 1 / Gad ■ -1 —. lia a 0 -- Sgi9i a e p 295'41' \ _ __ - _ -_---- 7 41.98 LOT 8 LOT e -_____ 2. 086 ACS. 2. 517 ACS. C/) VA • .. -- -'----� a,oae«ax n LOT 9 a W com 1 2.588 ACS. a: m aN � „r , e,. ® r 1 VA > II 0.802 ACS. a. ,,vaa+• u r 275 8 3 ROAD RAY LOT 11 ^ ; -� 400.00 p • ell 106' —^c', v 245'00' �{C\A 90.00 A \ Na LOT 4 • • �, • 20630' LOT 1 2.018 ACS. 105 El • • 74.00 q .978 AC _ us A LOT 5 . \ n, a MET KM. 2021,02411011 - &I 2.006 ACS. 11101 1 immis.,, II El ir in fil .g a. a6 MM ill 250'00' 10 5 `t.! 0 90.00 / / 197.91 1 /� i _ I 2 6 625 ' - N �/ / j \ 1 �' \ m 1111 C —Y � '7 } 2: 9 ACS. ¢ LOT 2 2.0 STAGS. ® I 1 p 2.201 ACS. \ \ \ ' '' 11,958.98 N. 1.!1 - \ `. A � / 9.65263 E 0 1 J ai- PUU 0 NN 25 c \ X. .c 11 9 - 225. 115'3 0° 11 31' -r-4 0.12 a , 0.12 s 1 • 4 i i MO011/1.70G. 112 . \ a boa e § iii I .10HRw1'10001 HAWI - NIULII BOAD TorHP{wU— It 2 A y 9, q -- UN 2 140921.1 M1.1.2 & Y2170.7 1 r a.ose- .e . s, ^L".§ 9q p§ 4 ` F. gi §Y E 1 L �aano. uc ,a. wEmu NOTES: 1. Coordinates are referred to Government Survey r Triangulation Station 'PUU 0 WALE". 2. Names of owners of adjoining parcels are from AGRICULTURAL (A -20a) TO vailoble Tux Mop records. 3. locations di h Gulcitized from U.S.G.S. Quad Mops and T°' Map Key. FAMILY AGRICULTURAL (FA -2a) BEING PORTIONS OF GRANT 1544 TO MAKANOANOA, MARIA AND KANEIHALAU, GRANT 1956 TO POEPOE AND R.P. 7653, L.C. AW. 8741 TO KALUA OWNER: PUEHUEHU AND KAPUA, NORTH KOHALA EWM INVESTMENTS, LLC. Prepared By C/O CHARLES ANDERSON ISLAND OF HAWAII, HAWAII HILO ENGINEERING, INC. 65 -1323 KAWAIHAE ROAD TAX MAP KEY: 3RD DIV. 5 -4 -08:01 484 Kala D TE Street, MARCH Hilo, 8, 2009aM 96720 KAMUELA, HAWAII 96743 LOT B • . S. SITUATE AT KALUA AND PUEHUEHU, NORTH KOHALA, ISLAND OF HAWAII, HAWAII BEING PORTIONS OF GRANT 1544 TO MAKANOANOA, MARIA AND KANEIHALAU GRANT 1956 TO POEPOE, AND ROYAL PATENT 7653, LAND COMMISSION AWARD 8741 TO KALUA Beginning at the Northwest corner of this parcel of land, being also the Southwest corner of Lot 2, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 NAKE" being 13,988.99 feet North and 9,952.53 feet East and running by azimuths measured clockwise from true South: 1. 295° 41' 41.98 feet along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; thence along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau, on a curve to the left with a radius of 310.00 feet, the chord azimuth and distance being: 2. 273° 28' 234.43 feet; 3. 251° 15' 110.53 feet along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; thence along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau, on a curve to the left with a radius of 360.00 feet, the chord azimuth and distance being: 4. 246 31' 15" 59.36 feet; 5. 241° 47' 30" 163.16 feet along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; thence along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau, on a curve to the right with a radius of 515.00 feet, the chord azimuth and distance being: • • 6. 245° 56' 15" 74.46 feet; 7. 250° 05' 100.88 feet along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; thence along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau, on a curve to the right with a radius of 970.00 feet, the chord azimuth and distance being: 8. 253° 56' 07.5" 130.33 feet; 9. 16° 25' 30" 1,635.29 feet along Kynnersley Road Tract 3, Block G (File Plan 660); 10. 115° 30' 30" 410.12 feet along Kynnersley Road Tract 1, Block B (File Plan 651); 11. 25° 30' 30" 5.74 feet along Kynnersley Road Tract 1, Block B (File Plan 651); 12. 115° 33' 20" 150.12 feet along Lots B -1 and A -1, along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; 13. 115° 28' 30" 225.00 feet along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; 14. 205° 03' 329.44 feet along Lot A, along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; 15. 288° 25' 197.91 feet along Lot A, along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; 16. 205° 03' 350.00 feet along Lot A, along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; 17. 108° 25' 400.00 feet along Lot A, along remainders of Grant 1544 to Makanoanoa, Maria and Kaneihalau and Grant 2956 to Poepoe; 18. 25 03' 251.68 feet along Lot A, along remainder of Grant 1956 to Poepoe; 19. 108 25' 242.46 feet along Lot B, along remainders of Grant 1956 to Poepoe and Royal Patent 7653, Land Commission Award 8741 to Kalua; 20. 101° 22' 222.68 feet along Lot B, along remainder of Royal Patent 7653, Land Commission Award 8741 to Kalua; 21. 250° 00' 90.00 feet along Kohala High and Grammar School Lot; 22. 195° 00' 150.00 feet along Kohala High and Grammar School Lot; 23. 208° 30' 74.00 feet along Kohala High and Grammar School Lot; 24. 245° 00' 90.00 feet along Kohala High and Grammar School Lot; 25. 275° 53' 66.55 feet along Kohala High and Grammar School Lot; 26. 288° 33' 339.07 feet along Lot 2 -B, along Grant 749 to Awiki; 27. 205° 41' 327.27 feet along Lot 2 -B, along Grant 749 to Awiki, to the point of beginning and containing an area of 24.174 acres, more or less; ©.( R H4R LICENSED V Description Prepared by: E�= ! ^�!L * LAP .A PR Svc � su�SSvtYAOR ENGINEERS SURVEYORS HAWAII, INC. N o . 59 ^°3 y �WAII, ' P d,14 f A — Andy R. Exp. Date 4 -30 -10 1320 North School Street Licensed Professional Land Surveyor Honolulu, Hawaii 96817 Certificate Number 5963 March 25, 2010 Job No.: 60 -10 Note: Description prepared for zoning purposes only. EWAI Investments LLC Change of Zone Application EXHIBIT B An Archaeological and Limited Cultural Assessment of TMK: (3) 5- 4- 08:001 RC -0658 An Archaeological and Limited Cultural Assessment of TMK:3 -5 -4- 08:001 Kapu'a and Puehuehu Ahupua'a North Kohala District 1 Island of Hawaii DRAFT VERSION PREPARED BY: Ashton K. Dircks Ah Sam, B.A., and Robert B. Rechtman, Ph.D. PREPARED FOR: EWM Investments, LLC 65 -1323 Kawaihae Road Kamuela, Hawaii 96743 November 2009 RECHTMA NS.. xN ING, LLC 507-A E La : t o, Hawaii 96720 phone. (808 ",' + "66 . : (808) 443 -0065 e-mail: Los t m o ting.com ARCHAEOLOGICAL, ULTU - L, ISTORICAL STUDIES RC -0658 An Archaeological and Limited Cultural Assessment of TMK: 3 -5 -4- 08:001 Kapu'a and Puhehuehu Ahupua'a North Kohala District Island of Hawai`i RECHTMAN CONSULTING RC -0658 EXECUTIVE SUMMARY At the request of EWM Investments, LLC, Rechtman Consulting, LLC conducted an archaeological and limited cultural assessment of a roughly 24 -acre parcel (TMK:3- 5- 4- 08:001) in Kapu'a and Ptiehuehu ahupua`a, North Kohala District, Island of Hawai`i. The landowner is proposing to subdivide the parcel into two acre lots. Evidence of significant land - alteration is present across most of the project area. A majority of the project area had been used for sugarcane cultivation by Union Mill, and later the Kohala Sugar Company up until 1973. Following the termination of the sugarcane cultivation, the land was turned to pasture and leased for cattle grazing and equestrian purposes. Archaeological fieldwork for the current project was conducted on October 2 and 8, 2009 by Robert B. Rechtman Ph.D., Ashton K. Dircks Ah Sam B.A., and Johnny R. Dudoit, B.A. The entire study parcel was subject to east/west pedestrian transects with a 20 meter spacing interval. As a result of the field survey there were no archaeological sites identified on the study parcel. The assessment of cultural impacts relative to the subdivision of the current study parcel is based on the findings of the literature review and field study in combination with consultation with knowledgeable individuals in the community. There were no valued natural or cultural resources or cultural practices identified for the current study parcel as a result of the archival literature review, nor were any such resources or evidence of such practices observed during the field investigation. Additionally, the individuals that were interviewed as part of the current study uniformly identified the parcel as having been planted in sugarcane for the better part of the late nineteenth and early twentieth centuries. Given the negative findings of the current study, it is concluded that the subdivision and subsequent development of TMK: 3 -5 -4- 08:001 will not significantly impact any known historic properties or any cultural resources and practices of a traditional and customary nature. It is therefore recommended that no further historic preservation work or mitigation is needed. ii RC -0658 CONTENTS INTRODUCTION 1 Project Area Description 1 BACKGROUND 9 Previous Archaeological Research 9 CULTURE - HISTORICAL CONTEXT 10 A Generalized Model of Hawaiian Prehistory 10 History After Contact 12 A Generalized Settlement Model of Hawaiian Prehistory 16 Kapu`a and Puehuehu Ahupua`a: The Mahele Period 17 Piiehuehu Ahupua`a: Foreign Influences and the Plantation Era 18 CONSULTATION 19 CURRENT PROJECT AREA EXPECTATIONS 20 ARCHAEOLOGICAL FIELDWORK 20 ASSESSMENT OF CULTURAL IMPACTS 20 SUMMARY 20 CONCLUSION AND RECOMMENDATIONS 20 REFERENCES CITED 21 FIGURES 1. Project area location. 2 2. Tax Map Key (TMK): 3- 5 -4 -08 showing study parcel (001), shaded 3 3. Access gate to property along the eastern project area boundary, view to east 4 4. Well used dirt near the northwestern study property corner, view to west. 4 5. Typical project area vegetation within the eastern portion of the property, view to south. 5 6. Typical vegetation near the western edge of the study property, view to south 5 7. Bleachers associated with the old riding arena, view to northeast. 6 8. Roofed metal structure associated with the old riding arena, view to northeast. 6 9. Fencing used to enclose the old riding arena, view to south. 7 10. Wooden tact room, view to southeast 7 11. Wooden booth remnant, view to south 8 12. Bee boxes, located in the central portion of the study parcel, view to northwest 8 13. One of the earliest know photographs of Union Mill (from Schweitzer 2003) 18 iii RC -0658 INTRODUCTION At the request of EWM Investments, LLC, Rechtman Consulting, LLC conducted an archaeological and limited cultural assessment of a roughly 24 -acre parcel (TMK:3 -5 -4- 08:001) in Kapu'a and Puehuehu ahupua a, North Kohala District, Island of Hawai`i (Figure 1). The landowner is proposing to subdivide the parcel into two acre lots. This study was undertaken in accordance with Hawaii Administrative Rules 13 §13 -284, and was performed in compliance with the Rules Governing Minimal Standards for Archaeological Inventory Surveys and Reports as contained in Hawai`i Administrative Rules 13 §13 -276. According to 13 §13 -284 -5 when no archaeological resources are discovered during an archaeological survey the production of an Archaeological Assessment report is appropriate. Compliance with the above standards is sufficient for meeting the historic preservation review process requirements of both the Department of Land and Natural Resources —State Historic Preservation Division (DLNR —SHPD) and the County of Hawaii Planning Department. The current study was prepared in support of an Environmental Assessment compliant with HRS Chapter 343, and also addresses potential cultural impacts pursuant to Act 50, approved by the Governor on April 26, 2000; and in accordance with the Office of Environmental Quality Control (OEQC) Guidelines for Assessing Cultural Impacts, adopted by the Environmental Council, State of Hawaii, on November 19, 1997. This report contains background information outlining the project area's physical and culture- historical contexts, a presentation of previous archaeological/cultural work conducted in the vicinity of the current study parcels, and current survey expectations based on the information obtained from the previous work. Also presented are an explanation of the project's methods and the findings of the archaeological field survey and a discussion of cultural properties and practices relevant to the current project area. Project Area Description The current study parcel (TMK:3 -5 -4- 08:001) is a roughly 24 -acre, irregularly- shaped property in the Kapa'au community of North Kohala (Figure 2). It is bound to the west by a portion of the Kapu'a Gulch, to the south by single - family residential and commercial lots (Kynnersley Road Tract 1, Block "B ") along Akoni Pule Highway, and to the east by a row of single- family residential lots along Union Mill Road (a portion of Kynnersley Road Tract 3). The northern property boundary is curvilinear extending from point near the eleventh house makai of the access gate along the eastern property boundary (Figure 3) toward the northern bend in a well used dirt road (Figure 4). Elevation within the project area ranges from 460 to 500 feet above sea level, and the area receives between 40 and 60 inches of rainfall annually (Armstrong 1983). Terrain throughout the study property slopes gently to the north from the fence line along the row of homes (mauka edge of property) to the makai property boundary. The soil in the study area is classified as Kohala Silty Clay (KhA and KhC), a well- drained silty clay that formed in situ from basic igneous rock influenced by volcanic ash, and the Kaup`a Gulch area is classified as Rough Broken Land (RB) (Sato et al. 1973). The study area is currently subject to slight erosion, however historically years of cultivation on the coastal plain of North Kohala have led to significant erosion. The eastern portion of the study area is dominated by pasture grasses with stands of Christmas -berry (Schinus terebinthifolius), guava (Psidium guajava), lantana (Lantana camara), haole- koa (Leucaena leucocephala), java plum (Eugenia cuminii), monkey pod (Samanea saman), papaya (Carica papaya) (Figure 5). Vegetation in the western portion of the study property also consists of pasture grasses, guava, lantana, Christmas -berry, with the addition of laua `e (Phymatosorus grossus), kupukupu (Nephrolepis exaltata), and ironwood (Casuarina sp.) (Figure 6). Evidence of significant land- alteration is present across most of the project area. A majority of the project area had been used for sugarcane cultivation by Union Mill, and later the Kohala Sugar Company up until 1973. Following the termination of the sugarcane cultivation, the land was turned to pasture and leased for cattle grazing and equestrian purposes. Fern White who leased the land from 1987 to 2000 constructed numerous metal and wooden structures on the parcel. Over the last nine years vegetation has overtaken these structures, which include a large riding arena with bleachers (Figure 7), a . roofed metal structure (Figure 8), pipe fencing (Figure 9), and wooden posts. There are also two remnant wooden structures (a tack room (Figure 10) and a concession booth (Figure 11)). The parcel is currently used for housing apiary boxes (Figure 12). 1 RC -0658 155 °49.000' W � WGS84 155 °4 0.000 ' W �5;s �� � s" - �`' � �' � �" '` �„� �" � rte,. . < . _. ... ... a ,, i� - , ,. PROJ ECT AREA a 1 k 'a-- - 'emu," ,.: �:� ,'' _ : .i$ i i.ur "( f e ar rs fl ..._ dr 0 30 Km �� Island of Hawai ` i s �, " F t-i, . ,„ ., --,' i ,--1 4* _ (gm r vo ' . ....;)41., „silt ,,,,,, ., 1 ,- ' ,,,:,-- i :Ail!. '''gri 8..-- ,- ' - ,:, 4 i iiik Vii - 1)71) 111IF 1111 * ' _., 4 „,-„,,,,- _„,, „...ip .! 1 ,-.? : 11%, ,,AllIkk,r, , -- if-') , i ' - ' _ r pik, - .-'---7", .;far - t f„, , , , ..Iiir Nikx,. ,.,,, - 1/10 , ...,,,-:' : --:,,,- ;:i i .,,,,, i , i , 1/4)0 1 : i I � Z 11116., --1111114. -ip �r�. Pro ect area `� - ' � s � � � r a � ° � t. ~ 1 Po rtion of U.S G S. 7.5 minute series quadrangle Hawi, HI 1983 e , —___ ' -S- Lto 0 .7 .. _,.. k it ; # - , 4 a .._ ...lam J�c _Y . 1F 3 i� [`_ 155 °49.000' W WGSB4 155 °46.000' W TN" 11 00 MId o �� .--� MILE � 000 FEET 0 �--a 3O0 ,109D METERS Figure 1. Project area location. 2 00 WI ‘..1) CD C.) 24 , - \ /40391 13.0011 13.0011 — ,.... 24 ..... / / e' ,--- - I 11 A / , .2 Ae, .... • /1 If 5 rp. CS r) 20 : SEC. C7.,) i . --L . • 54 ' . •- 5 . 13610r. ont 6144 \ • 14 II CO . "--- _ .. •• '''' C °' ',ILI .., .1849 - - --- - • . `..../. " . . _ 03 • \ 5 . WO 0 0 SEC. :' Lo5 Z , 9 . : 4i, ,,,,*......"(.. \ L c . A.• .1i) . „olt i.... 12 • . k ' G, 7585 42 A, 8°6 ...-■ ■ —7---ti--\ L.) jj .... Gr. i 27 70 (.1 ...„.../ .. ...i ., ) C./1 3-441 ''ITS 10 .---":-......-....' ra, A;,,t7., _ .__ „ ,- , 1,3:. a ! MI i 1 , . , _ _ • el.6 M II r . ... C.) 1141,11111y1 Cn ..1 2 391 rn c; 2 i 7. - ...,,., ''''', il P Lt..- ...I Gran ( a.) .4. , 4 - G7,t/ 748 t ',. ■ 4 ,1 1 ' ''' R 37.00 Ae. OA ---- - . . , "-) • . 202' .. . - , o . -0 2.2 cn 8 si ._::::?::1_ Grant . 00 Cd P-1 .. I _,> Grant 1544 ^ kr> ' VIP ::g /9 . A g ------S „:.; i KVN - NILO TRACT 3 El. .90. 7. 4447.. :. • - - gs .,!,.4 BLOCK "H' I f , ' ' ' ' - , I. . [ . PLAT 1 ''-' ---771 .- . ... ..., . . , _. t 1 ' CY '1:-.. PIA T 09 - 1-Y-■ - SECTION Grant 2744 i s : 2 , ' ra.1 Grant 2845 :[ ,...._, . 1 C3 . V.1.11CIC ef NOW : -I i . PROMIT ■55[1511.1 OM. r g , . r MAPPING BRANCH SUR Of MOP r--. TAX MAP 0 1... & rondo" name COUNT( CIF HAWMI G‘i 401 Oa curter!. Neu rale 4o ZONE PLAT 0 cosnputv end 441.tory sheell ,. 5 4 . ,.. '. 6 k -06:58 br - t eV. - b "" / 'F � wa a . . . f s } a,— ' . _. i— Figure 3. Access gate to property alo th ea stern project area boundary, view to east. r V DIY YJ = [.� }�L 1a = i It's., J' 4 /~ , ..s • ti ' _ ` • R ' r°t '3'yS�. r f! • - -'— — -- -' t' Tir } _._ - - r 1 s "hldt t - - � �` ,. ± tom s ?�,r�i � �€ g � -s,�F s- .� � .. • F r J -. �'" . _ . F igure 4. well used dirt near the northwestern study property corner, view to west. 4 iC -GES& :4,,,„ as j f '...4. Figure 5. Typical project area vegetation within the eastern portion of the property, view to south. z - II �� � ¢ 3 4.04111110 ' _ w Figure 6. T ypica l vegetat near the western edge of the study pro perty, view to south. 5 , i °s 1 .. � # asp .. : ! _ '"°� - ' * � 4.-=„, ..vim : ♦ ni ' v t # "+ " "y s --1/ - .1 .- *a a �, YS , ; ' �.` : r "y' %- T i 0:_ j , ,t i ' '' y , if r ,:,s - '� .'<" : fi r r 1 a 3 '> ` 1 _s 3 d fir. � , " Fi 7. Bleachers assoc with the old r iding a rena, v to northeas F Y ; t r � - fic- .r. } t om . k ' i � ` I � ` t 43� ^ Y j x x . , t 3 ;� = � V_ y i � } r y X W 1 ; ! `t ` y ter- . , + `, i - , . , ,., tr Q *TT - -t-„,-_ x' ' as` c „, t' ' ,a. ;Ar 4.� _ e ,, - Figure & Roofe metal structure associated with the old ridin arena, view to northeast. 6 RC-06.5 f3 ri _ p' - z► T tea` / '' a+'� .;6 = 1' '1:'' "" F 4 1L F 14 i. jj y y a. i Tiv- -^'" ,. ='^ Figure 9. Fencing used to enclose the old riding arena, v iew to south. y t W4 T y / '1 j a' y t ( , r te ` 1 y ."; ' 1 <. 4' r�r� a P t �' x awl /I"; 1 r ' +i "-`•� _ — a i _ :, e , `� 1 -�' '� p r _ _ � rte,'" ,�*„ _ �� ,,— � . ;. .- 1t p ,. I 'y Fi 10 Wood ta r vi t so L, pe. - - - r ft ' - a t -. 'w i i — '1' f Ya��. '�! — c 'sS . ' ; • 1 4'' ' <3r } d d t"f :,41 ,,:,-.7. t lr r r f X ` g st i. t s -. " F R f a F � +°_ ham" P z.. L Fig 11. W oo d en boot re vi t s outh. £ ' A >3- .; tee ' 2 . R . � a �' , '' "� - 1. Y&�, 4-, Y' 4- « '�a ,'. x - fie: y� a 7.:. ^. -r ` ` �" , T��„ tag ,,' -'i' ? '.�" ti p. Figure 12. Bee boxes located in the central portion of the study parcel, view to northwest. C <C, -O65 BACKGROUND To generate a set of expectations regarding the nature of archaeological resources that might be encountered on the study parcel, and to establish an environment within which to assess the significance of any such resources, previous archaeological studies- rela'ive to the project area and a general culture - historical context for the region are presented. Previous Archaeological Research There have been a limited number of prior archaeological studies conducted in windward North Kohala; in the late 1980s (Tomonari- Tuggle 1988) and more recently by McCoy and Graves (2007 and 2008) and Dircks Ah Sam and Rechtman (2008 and 2009). In 2008, DLNR -SHPD determined that no historic properties would be affected by the development of the new Kohala Public Library (adjacent to the current study property). In 1988 Tomonari - Tuggle completed a study of North Kohala for the Department of Land and 1'-Natural Resources (DLNR), Division of State Parks, Outdoor Recreation and Historic Sites. The study included a comprehensive history of North Kohala and an inventory of archeological resources throughout the entire district. The reconnaissance fieldwork was conducted in 1981. As stated by Tomonari- Tuggle (1988:11 -2), the goal of the survey was to record the locations of site areas and to identify the varying densities of different feature types within the site areas. This information was to be augmented by sketch maps and written descriptions of the sites. All of the sites were assigned temporary site numbers based on their location within North Kohala (i.e. Windward Valleys, Kula Gulches, Kula Slopes, and Leeward Coast). Along the Windward Kula Gulch Survey, in the vicinity northwest and southeast of current project area, Tomonari- Tuggle surveyed from Halawa Ahupua'a on the west to Makanikahio Ahupua'a on the east. Although the survey area did not include any portion of the cun project area, a large number of sites were recorded northwest of the study parcel within the Makapala, `A`amakao, and Halawa ahupua 'a. The recorded sites included habitation complexes, agricultural complexes, agricultural field remnants, Historic Period sites, and heiau. While, the Windward Kula Slopes were not surveyed by Tomonari - Tuggle. In 2007, McCoy and Graves (2007) as part of the Hawai`i Archaeological Research Project (HARP), conducted an intensive archaeological survey and limited test excavation within Makapala and Halawa ahupua a. Their study area (20.79 acres) is located southeast of the current project area. They recorded a total of forty -one complexes and 378 individual features comprised mostly of irrigated agricultural terraces. Site complexes include in and non - irrigated terraces, walls, and mounds. The irrigated and non - irrigated terraces also include various feature types, such as, freestanding walls, mounds, and rock shelters. Other sites include enclosures and a Historic bridge. Nine test units and twenty -two shovel test pits were excavated in an effort to recover charcoal (radiocarbon samples), soil samples, and other evidence of prehistoric settlement and agriculture. All materials recovered from test units were saved for future publications. In their continuing HARP study of North Kohala, in 2008 McCoy and Graves (2008), conducted an intensive archaeological survey and limited test excavation within Halawa and Waiapuka ahupua a. The Halawa study area is located southeast of the current project. The purpose of their survey and excavation was to broaden their view of the nature of traditional Hawaiian irrigated agriculture and gain a new appreciation for the long -term history in North Kohala. In the Halawa Study Area, they uncovered deeply buried agricultural deposits that likely represent some of the earliest direct evidence of farming on the island. They carne across intact terraces, walls, and deposits. Their initial reading of site stratigraphy is that it reflects three periods of gardening: (1) Earlier Prehistoric, (2) Later Prehistoric, and the (3) Historic Era. A total of sixteen shovel test pits were excavated in the lower Halawa Gulch, which documented significant soil deposition. Dircks Ah Sam and Rechtman (2008) conducted an archaeological inventory survey and limited cultural assessment of an approximately 18 acre portion of a 24,6 acre parcel (TMK:3- 5- 2 -01:por. 25) in the extreme coastal portions of Niuli `i and Makapala ahupua a. Their study area is located southeast of the 9 li �: -1165 0 current study property. As a result of their inventory survey nine sites were identified, The sites include a push pile containing Historic debris from a nearby cemetery (Site 26686), five Historic dump areas (Sites 26687, 26688, 26690, 26691,. and 26692), a Historic outflow pipe section from the Niuli`i Mill (Site 26689), two World War II era foxholes (Site 26693), and a halo. grove (Site 26694) (considered in it's entirety as a traditional cultural property that was utilized in the past and is currently accessed by cultural practitioners). In an interview conducted as part of their study with the late Clyde "Kindy" Sproat, he spoke of the halo groves that once extended from Hapu`u through their study property southeast to Makanikahio Ahupua `a. Dircks Ali Sam and Rechtman (2009) conducted an archaeological inventory survey and limited cultural assessment of an approximately 32 -acre parcel (TMKs:3 -5 -3- 07:022, 032 and 033) in the coastal portions of Halawa ahupua `a. Their study area is located southeast of the current study property. As a result of that inventory survey, one previously recorded archaeological site was identified. This site is known as Hale o Ka`ili lieiau and was previously assigned State Inventory of Historic Places (SIHP) Site 2332. No new archaeological sites were discovered during their study. In 2008 the State Historic f=iesefvation Division made a series of determinations (DOC NO: 0803MD65; 0805MD04; 0807MD58) that no historic properties would be affected by the development of the new Kohala Public Library, on an approximately 3.5 -acre parcel (T1v1K:3 -5 -4- 008:002) in the Puehuehu Ahupua`a adjacent to the current study property (see Figure 2). Their determination was based on the conclusion that both intensive cultivation and previous grubbing /grading had already altered the land. CULTURE - HISTORICAL CONTEXT A Generalized Model of Hawaiian Prehistory The generalized cultural sequence that follows is based on Kirch's (1985) model. The Settlement Period is believed to have occurred in Hawaii between AD 300 -600 from the southern Marquesas Islands. This was a period of great exploitation and environmental modification, when early Hawaiian farmers developed new subsistence strategies by adapting their familiar patterns and traditional tools to their new environment (Kirch 1985; Pogue 1978). Their ancient and ingrained philosophy of life tied them to their environment and kept order. Order was further assured by the conical clan principle of genealogical seniority (Kirch 1984). According to Foniander (1969), the Hawaiians brought from their homeland certain universal Polynesian customs: the major gods Kane, Ku, and Lono; the kapu system of law and order; cities of refuge; the `aumakua concept; various superstitions; and the concept of mana. The Development Period (A.D. 600 -1100) brought about a uniquely Hawaiian culture. The portable artifacts found in archaeological sites of this period reflect not only an evolution of the traditional tools, but some distinctly Hawaiian inventions. The adze (ko'i) evolved from the typical Polynesian variations of plano- convex, trapezoidal, and reverse - triangular cross - section to a very standard Hawaiian rectangular quadrangular tanged adze. A few areas in Hawai`i produced quality basalt for adze production. Mauna Kea on the island of Hawai`i was a well -known adze quarry. The two -piece fishhook and the octopus -lure breadloaf sinker are Hawaiian inventions of this period, as are `ulu maika stones and lei niho palaoa. The later was a status item worn by those of high rank, indicating a trend toward greater status differentiation ( Kirch 1985). The Expansion Period (A.D. 1100 -1650) is characterized by the greatest social stratification, major socioeconomic changes, and intensive land modification. Most of the ecologically favorable zones of the windward and coastal regions of all major islands were settled and the more marginal leeward areas were being developed. Early dates from windward Kohala were reported by Cordy (2000); these sites are believed to have been utilized in the early 1200s. The greatest population growth occurred during the Expansion Period. It was during the Expansion Period that a second major migration settled in Hawai`i, this time from Tahiti in the Society Islands. According to Kamakau (1976) the kahuna Pa`ao settled in the islands during the 13 century. Pd'ao was the keeper of the god Kti ka`ilimoku, who had fought bitterly with his older brother, the high priest Lonopele. After much ':ragedy on both sides, Pa`ae escaped Lonopele's wrath by fleeing in a canoe. Kamakau (1991:100 -102) told the following story in 1866: 10 F C -fr65U Puna on Hawaii Island was the first land reached by Pa'ao, and here in Puna he built his first heiau for his god Aha`ula and named it Aha`ula [Waha'ula]. It was a luakini. From Puna, Pa`ao went on to land in Kohala, at Pu'uepa. He built a heiau there called Mo`okini, a luakini. It is thought that Pa`ao came to Hawai`i in the time of the ali `i La `au because Pili ruled as mo`i after La`au. You will see Pili there in the line of succession, the nio`o k of Hanala'anui. It was said that Hawaii Island was without a chief, and so a chief was brought from Kahiki; this is according to chiefly genealogies. Hawaii Island had been without a chief for a long time, and the chiefs of Hawaii were ali`i maka `ainana or just commoners. There were seventeen generations during which Ilawai`i Island was without chiefs —some eight hundred years. There are several versions of this story that are discussed by Beckwith (1976), including the version where Mo`okini and Kaluawilinau, two kah of Moikeha, decide to stay on at Kohala. The bones of the kalnma Pao are said to be deposited in a burial cave in Kohala in P u`uwepa [possibly Pu`uepa ?] (Kamakau 1964:41). The concept of the ahupua a was established during the A.D. 1400s (Kirch 1985), adding another component to a then well- stratified society. This land unit became the equivalent of a local community, with its own social, economic, and political significance. Ahupua `a were ruled by ali `i `ai ahupua `a or lesser chiefs; who, for the most part, had complete autonomy over this generally economically self- supporting piece of land, which was managed by a konohiki. Ahupua'a were usually wedge or pie- shaped, incorporating all of the eco -zones from the mountains to the sea and for several hundred yards beyond the shore, assuring a diverse subsistence resource base (Hommon 1986). The ali'i and the rnaka`ainana (commoners) were not confined to the boundaries of the ahupua a; when there was a perceived need, they also shared with their neighbor ahupua `a ohana (Hono- ko -hou 1974). The ahupua `a was further divided into smaller sections such as the 'ill, mo `o `aina, pauku 'aina, kihapai, koele, hakuone, and kuakua (Hommon 1986, Pogue 1978). The chiefs of these land units gave their allegiance to a territorial chief or rno ` (king). Heiau building flourished during this period as religion became more complex and embedded in a sociopolitical climate of territorial competition. Monumental architecture, such as heiau, "played a key role as visual markers of chiefly dominance" (Kirch 1990:206). The Proto - Historic Period (A.D. 1650 -1795) is marked by both intensification and stress. Wars occurred between intra - island and inter- island polities. Sometime between A.D. 1736 and 1758, in the reign of Kalani`opu`u, Kamehameha I was born in the ahupua `a of Kokoiki, North Kohala near the Mo`okini Heiau [there is some controversy about his birth year, see Kamakau 1992:66 -68]. It has been related that at the time of his birth an army was encamped on the leeward Kohala shore, between the ahupua `a of Koai`e and Pu'uwepa, preparing for an attack on Maui (Kamakau 1964:67; Tomonari- Tuggle 1988:1 -57). The birth event is said to have occurred on a stormy night of rain, thunder, and lightning, signified the night before by a very bright, ominous star, thought by some to be Halley's comet [this is also controversial] (Kamakau 1992). Kamehameha's ancestral homeland was in Halawa, North Kohala (Williams 1919). This period was one of continual conquest by the reigning all V. Ke`eaumoku, son of Keawepoepoe, set up a fort at Pololu and Honokane; he was attacked there by Kalani`opu`u, so he moved to Maui. About A.D. 1759 Kalani`opu`u conquered East Maui, defeating his wife's brother, the Maui king Kameharnehanui, by using Hana's prominent Pu`u Kau'iki as his fortress. He appointed one of his Hawaii chiefs, Puna, as governor of Hana and Kipahulu. Kahekili became king of Maui in A.D. 1766 when Kamehamehanui died following an illness. Ke`eaumoku took his widow, Namahana, a cousin of Kamehameha 1. as his wife. Their daughter, Ka`ahumanu, the future favorite wife of Kamehameha I. was born in a cave at the base of Pu`u Kau`iki, Hana, Maui in A.D. 1768 (Kamakau 1992). In A.D. 1775 Kalani`opu`u and his Hana forces raided and destroyed the neighboring Kaupo district, then launched several more raids on Molokai, Lanai. Kaho`olawe, and parts of West Maui. It was at the battle of Kalaeoka`ilio that Kamehameha, a favorite of Kalani`opu`u, was first recognized as a great warrior and given the name of Pai`ea (hard - shelled crab) by the Maui chiefs and warriors (Kamakau 1992). During the battles between Kalani`opu`u and Kahekili (1777- 1779), Ka`ahumanu and her parents left Maui to live on the island of Hawaii (Kamakau 1992). 11 tstory After Contact Captain James Cook landed in the Hawaiian Islands on January 18, 1778. Ten months later, on a return trip to Hawaiian waters, Kalani`opu`u, who was at war with Kahekili, visited Cook on board the Resolution off the East coast of Maui. Kamehameha observed this meeting, but chose not to participate. The following January [1779], Cook and Kalani`opu`u met again in Kealakekua Bay and exchanged gifts. In February, Cook set sail; however, a severe storm off the Kohala coast damaged a mast and they had to return to Kealakekua. Cook's return occurred at an inopportune time, and this misfortune cost him his life ( Kuykendall and Day 1976, Sahlins 1985). In 1779 King of the Cook expedition explored the North Kohala country and reported: As far as the eye could reach, seemed fruitful and well inhabited. [Three and four miles inland, plantations of taro and potatoes and wouke] neatly set out in rows. The walls that . separate them are made of the loose burnt stone, which are got in clearing the ground; and being entirely concealed by sugar -canes planted close on each side, make the most beautiful fences that can be conceived. [The exploring party stopped six or seven miles from the sea.] To the left a continuous range of villages, interspersed with groves of coconut trees spreading along the sea - shore; a thick wood behind this; and to the right, an extent of ground laid out in regular and well- cultivated plantations ... as they passed, they did not observe a single foot of ground, that was capable of improvement, left unplanted. (Handy and Handy 1972:528) Around A.D. 1780 Kalani`opu`u proclaimed that his son Kiwalao would be his successor, and he gave the guardianship of the war god Ku`ka`ilimoku to Kamehameha. Kamehameha and a few other chiefs were concerned about their land claims, which Kiwalao did not seem to honor, so after usurping Kiwalao's authority with a sacrificial ritual, Kamehameha retreated to his district of Kohala. While in Kohala, Kamehameha farmed the land, growing taro and sweet potatoes (Handy and Handy 1972). After Kalani`opu`u died in A.D. 1782 civil war broke out: Kiwalao was killed. The wars between Maui and Hawaii continued until A.D. 1795 (Kuykendall and Day 1976; Handy and Handy 1972). In A.D. 1790 two American vessels, the Eleanora and Fair American, were in Hawaiian waters. Following an altercation between his crew and natives, the Captain of the Eleanora massacred more than 100 natives at Olowalu [Maui], then sailed away leaving one of its crew, John Young, on land. The other vessel, the Fair American, was captured and its crew killed except for one member, lssac Davis. Kamehameha also observed this but did not participate, although he did prevent Young and Davis from leaving. He also kept the vessel as part of his fleet. Young eventually became governor of the island of Hawai`i. By 1796 Kamehameha had conquered all the island kingdoms except Kaua`i. It wasn't until 1810, when Kaumuali`i of Kauai gave his allegiance to Kamehameha, that the Hawaiian Islands were unified under one ruler (Kuykendall and Day 1976). Demographic trends during this period indicate population reduction in some areas, due to war and disease, yet increases in others, with relatively little change in material culture. However, there was a continued trend toward craft and status specialization, intensification of agriculture, ali `i controlled aquaculture, upland residential sites, and the enhancement of traditional oral history. The Ku cult, luakini heiau, and the kapu system were at their peaks, although western influence was already altering the cultural fabric of the Islands (Kirch 1985; Kent 1983). Foreigners had introduced the concept of trade for profit, and by the time Kamehameha I had conquered Oahu, Maui and Moloka`i, in 1795, the women of Hawaii had learned the profitable concept of prostitution (Kent 1983). This marked the end of the Proto - Historic Period and the end of an era of uniquely Hawaiian culture. Hawai`i's culture and economy continued to change drastically as capitalism and industry established a firm foothold. The sandalwood (Santalum ellipticum) trade, established by Euro - Americans in 1790 and turned into a viable commercial enterprise by 1805 (Oliver 1961), was flourishing by 1810. This added to the breakdown of the traditional subsistence system, as farmers and fishermen were ordered to spend most 12 of their time logging, resulting in food shortages and famine that led to a population decline. Kai<<ebamch did manage to maintain some control over the trade (Kuykendall and Day 1976; Kent 1983). K_amehameha I died on May 8, 1819 at Kamakahonu in Kailua -Kona, and once again the culture of Hawai`i was to change radically. Following the death of a prominent chief, it was customary to remove all of the regular kapu that maintained social order and the separation of men and women and elite and commoner. Thus, following Kamehameha`s death a period of 'ai noa (free eating) was observed along with the relaxation of other traditional kupu. 11 was for the new ruler and kalruna to re- establish kapu and restore social order, but at this point in history traditional customs saw a change: The death of Kainehameha was the first step in the ending of the tabus; the second was the modifying of the mourning ceremonies; the third, the ending of the tabu of the chief; the fourth, the ending of carrying the tabu chiefs in the arms and feeding them; the fifth, the ruling chiefs decision to introduce free eating ('ainoa) after the death of Kainehameha; the sixth, the cooperation of his aunts, Ka -ahu -mane. and Ka- heihei- malie; the seventh.. the joint action of the cities in eating iogtithei at the suggestion of the ruling chief so that free eating became an established fact and the credit of establishing the CUS[oni vent to the ruling chief. This custom was not so much of an innovation as might be supposed. In old days the period of mourning at the death of a ruling chief who had been greatly beloved was a time of license. The women were allowed to enter the heiau, to eat bananas, coconuts, and pork, and to climb over the sacred places. You will find record of this in the history of Ka- ula- hea- nui- o- ka -moku, in that of Ku -ali `i, and in most of the histories of ancient rulers. Free eating followed the death of the ruling chief; after the period of mourning was over the new ruler placed the land under a new tabu following old lines. (Kamakau 1992: 222) Immediately upon the death of Kamehaineha I, Liholiho (his son and to be successor) was sent away to Kawaihae to keep him safe from the impurities of Kamakahonu brought about from the death of Kainehameha. After purification ceremonies Liholiho returned to Kamakahonu: Then Liholiho on this first night of his arrival ate some of the tabu dog meat free only to the chiefesses; he entered the lauhala house free only to them; whatever he desired he reached out for; everything was supplied, even those things generally to be found only in a tabu house. The people saw the men drinking rum with the women kahu and smoking tobacco, and thought it was to mark the ending of the tabu of a chief. The chiefs saw with satisfaction the ending of the chiefs tabu and the freeing of the eating tabu. The kahu said to the chief, "Make eating free over the whole kingdom from Hawaii to Oahu and let it be extended to Kauai!" and Liholiho consented. Then pork to be eaten free was taken to the country districts and given to commoners, both men and women, and free eating was introduced all over the group. Messengers were sent to Maui, Molokai, Oahu and all the way to Kauai, Ka- umu -ali`i consented to the free eating and it was accepted on Kauai. (Kamakau 1992: 225) When Liholiho, Kainehameha 11, ate the kapu dog meat, entered the lauhala house and did whatever he desired it was still during a time when he had not reinstituted the eating kapu but others appear to have thought otherwise. Kekuaokalani, caretaker of the war god Ku- Kailimoku, was dismayed by his cousin's (Liholiho) actions and revolted against him, but was defeated. With an indefinite period of free - eating and the lack of the reinstatement of other kapu extending from Hawai`i to Kaua`i, and the arrival of the Christian missionaries shortly thereafter, the traditional religion had been officially replaced by Christianity within a year following the death of Kainehameha I. By December of 1819 Kainehameha II had sent edicts throughout the kingdom renouncing the ancient state religion, ordering the destruction of the heiau images, and ordering that the heiau structures be destroyed or abandoned and left to deteriorate. He did, however, allow the personal family religion, the aumakua worship, to continue (Oliver 1961; Kamakau 1992). 13 il,-PJG:S u With the end of the kapu system changes in the social and economic patterns began to affect the Iives of the common people. L,iholiho moved his court to O`ahu, lessening the burden of resource procurement for the chiefly class on the residents of Hawaii Island. Some of the work of the commoners shifted from subsistence agriculture to the production of foods and goods that they could trade with early Western visitors. Introduced foods often grown for trade included yams, coffee, melons, Irish potatoes, Indian corn, beans, figs, oranges, guavas, and grapes (Wilkes 1845). In October of 1819, seventeen Protestant missionaries set sail from Boston to Hawai`i. They arrived in Kailua -Kona on March 30, 1820 to a society with a religious void to fill. Many of the all 7, who were already exposed to western material culture, welcomed the opportunity to become educated in a western style and adopt their dress and religion. Soon they were rewarding their teachers with land and positions in the Hawaiian government. During this period, the sandalwood trade was wreaking havoc on the commoners, who were weakening with the heavy production, exposure, and famine just to fill the coffers of the ali `i who were no longer under any traditional constraints (Oliver 1961; Kuykendall and Day 1976). On a stopover in the Kohala district Ellis wrote: About eleven at night we reached Towaihae [Kawaihae], where we were kindly received by Mr. Young..... Before daylight on the 22nd, we were roused by vast multitudes of people passing through the district from Waimea with sandal -wood, which had been cut in the adjacent mountains for Karaimoku, by the people of Waimea, and which the people of Kohala, as far as the north point, had been ordered to bring down to his storehouse on the beach, for the purpose of its being shipped to Oahu. There were between two and three thousand men, carrying each from one to six pieces of sandal -wood, according to their size and weight. It was generally tied on their backs by bands of ti leaves, passed over the shoulders and under the arms, and fastened across their breasts. (Ellis 2004:405- 406) The lack of control of the sandalwood trade was to soon lead to the first Hawaiian national debt as promissory notes and levies were initiated by American traders and enforced by American warships (Oliver 1961). The Hawaiian culture was well on its way towards Western assimilation as industry in Hawai`i went from the sandalwood trade, to a short -lived whaling industry, to the more lucrative, but environmentally destructive sugar industry. The windward portions of North Kohala became a center of sugarcane production, although sugarcane cultivation in Kohala had its origins in prehistory. Pukui (1983) cites a proverb that reference Kohala. She provides an explanation and notes that Hawaiian proverbs have layers of meaning that are best left to the imagination of the reader: 1 `ike 'ia no o Kohala i ka pae ko, a o ka pae ko ia kole ai ka waha. One can recognize Kohala by her rows of sugar cane which can make the mouth raw when chewed. Pukui interprets this proverb as follows: When one wanted to fight a Kohala warrior, he would have to be a very good warrior to succeed. Kohala men were vigorous, brave, and strong (1983:127). Sugarcane (Saccharum offacinarum) was a Polynesian introduction and served a variety of uses. The k5 kea or white cane was the most common, usually planted near Hawaiian homes for medicinal purposes, and to counteract bad tastes (Handy and Handy. 1972:185). Sugarcane was a snack, condiment, famine food; fed to nursing babies, and helped to strengthen children's teeth by chewing on it (Handy and Handy. 1972:187). It was used to thatch houses when pili grass (Heteropogon contortus) or Lau hala (Pandanus odortisshnus) were not abundant (Malo 1903). Sugarcane was also used in relation to taro and sweet potato. Handy and Handy. explain: In wet -taro farming, cane was planted along the embankments separating the flooded terraces and flats. In dry-taro and sweet - potato fields on the sloping kula or in the lower forest zone, cane was planted as hedges along the lines of stone and rubbish thrown up 14 between the fields. Thus it helped the planter to utilize to the maximum his soil and water, and acted as a windbreak against the gusty breezes which blow in most valley bottoms, along the coasts, and on the uplands where taro is grown. (Handy and Handy 1972:186) Sugarcane was grown on all islands, and when Cook arrived he wrote of seeing sugarcane plantations. The Chinese on Lana`i are credited with producing sugar first, as early as 1802. However, it was not until 1835 that sugar became established commercially, replacing the waning sandalwood industry (Oliver 1961, Kuykendall and Day 1976). Kohala became a land in transition and even?ua1Iy a major force in the sugar industry with the arrival of American missionary Elias Bond (KTF 1975). In her comprehensive study of North Kohala, Tomonari - Tuggle relates this transition: The arrival in 1841 of Elias Bond, of the Protestant American Board of Commissioners for Foreign Missions, to Kohala marked the beginning of a 22 -year period of transition in the district's history. In those years a new religion, a new land tenure system, and a changing economy altered the lifestyles and worldview of the indigenous population of the district. The Kohala community was in flux, attempting to find a firm footing in a changing world, in a much larger network of social, political, and economic interactions than had previously existed. (Tomonari- Tuggle 1988:I -23) When Elias Bond directed his efforts to initiating sugar as a major agricultural industry in Kohala, he could not have foreseen the incredible success of his modest venture. His primary concern was to develop a means for the Hawaiian people of the district to compete successfully in the market economy that had evolved in Hawaii. What resulted was a vigorous, stable, and competitive industry which survived over a century of changing economic situations. For the Hawaiian people, however, the impact was not what Bond anticipated. (Tomonari - Tuggle 1988:1 -39) In 1860 Rev. Bond engaged Samuel N. Castle in founding the Kohala Sugar Company on lands owned by Bond and his neighbor Dr. James Wight. The first crop was harvested in January 1865 (KTF 1975). Kohala's transition was a reflection of what was happening elsewhere in Hawai`i as the sugar industry grew. The industry brought in tens of thousands of laborers from Asia, Europe, the Americas, Oceania, and Africa to work on the many plantations and mills that were being established on all major islands (Oliver 1961). By 1904 six sugar mills were operating in North Kohala (Tomonari- Tuggle 1988:1- 40 -42). This influx not only radically changed the culture, but also drastically altered agricultural lands and destroyed traditional architectural features in the process. The rise of the sugar industry in North Kohala stimulated the growth of other economic enterprises in the region. A primary harbor was built at Mahukona in the 1880s in order to economically export the raw sugar to market (Wulzen and Goodfellow 1995). By 1883 the Hawaiian Railway Company had laid twenty miles of track along the Kohala coast to carry processed sugar from the mills to the harbor (Tomonari - Tuggle 1988:1 -42). By 1906 construction of the Kohala Ditch was completed, bringing a reliable source of water to the sugarcane fields, which were subject to periodic drought (Tomonari - Tuggle 1988:42). The drier leeward portions of Kohala were not suited for cane cultivation and thus became vast pasturelands for grazing cattle. Prior to the 1880s, the sugar companies hauled their product by ox -cart to landings at Hapu`u, Kauhola Point, and Honoipu (Tomonari - Tuggle 1988:42). With the completion of the North Kohala railroad in 1883, all but one of the sugar companies began shipping the processed sugar to the newly improved Mahukona Harbor facility. The lone exception was the Hawi Mill and Plantation Company and its two sugar growing subsidiaries, Puakea and Homestead Plantations, started by Robert and John Hind in 1881. The Hawi Mill, for economic reasons, continued shipping its sugar from Honoipu Landing until 1912 (Tomonari - Tuggle 1988:I -42). In July of 1880 Samuel G. Wilder, the then Minister of the Interior in the king's cabinet, was granted a charter of incorporation for the Hawaiian Railway Company. Wilder's railroad project began with 15 improvements to the harbor at Mahukona including the construction of a storehouse and numerous wharf facilities (Schweitzer 2003). He then hired one hundred Chinese workers and twenty Caucasian supervisors who began laying track in March of 1881, The Chinese workers were paid seventeen dollars a month, and they camped in eight -man tents along the route of the railroad (Schweitzer 2003). By 1883 the railroad had reached its full twenty -mile length, crossing seventeen trestles, and running from Mahukona to Niuli`i (three almpua a southeast of the current study property) (Tomonari- Tuggle 1988:42). In 1884, the railroad carried 20,000 tons of freight and 6,000 passengers (Best 1978:43). Despite the success of the railroad and the growth of the sugar industry, not all the residents of North Kohala were happy. An 1882 letter from a disgruntled Hawaiian farmer relates that his property was being ...ruthlessly destroyed by railroad overseers of S. G. Wilder. This act is equal to that of plain murder, because the livelihood of myself and my family is reduced to nothing, that is. My plants and that of my family are covered with dirt, the taro_ banana, ti leaves coffee. mango, orange, bamboo, and other plants. My property is filled with fruits, but these days it is reduced to naught. (Conde 1971:40; [in Tomonari - Tuggle 1988:50)) Construction of the Kohala Ditch began in 1904 and was completed two years later. Tomonari - Tuggle notes that, "its construction marked the virtual end of the frontier period; it was the last major effort by the sugar pioneers in fully developing their industry in Kohala" (1988:42). The ditch was conceived of by John Hind who, with the financial help of Sam Parker and the irrigation knowledge of J. T. McCrosson and M. M. O'Shaughnessy, formed the Kohala Ditch Company (Bergin 2004:161). They hired Japanese laborers for wages of seventy-five cents to a dollar and a half a day to construct the twenty -one mile long ditch from the headwaters of the Kohala valleys to Puakea Plantation (in upland Kukuipahu ahupua `a) (Bergin 2004:161). The ditch ran through miles of ridge terrain, valleys, and forty -four tunnels. Seventeen laborers died during the construction of the Kohala Ditch (Schweitzer 2003). The venture was successful, however, canying twenty million gallons of water a day at the outset, with a projected maximum of seventy million gallons a day, to the sugar fields and ranch lands of North Kohala (Tomonari - Tuggle 1988:1 -42). During the 1940s the global effects of World War II were felt in North Kohala. In 1941 Mahukona Harbor was closed for security reasons (Tomonari- Tuggle 1988:1 -59). The railroad continued to operate, hauling unprocessed cane from the fields to the mills, but that too shutdown in October of 1945 (Schweitzer 2003). A Generalized Settlement Model for Windward North Kohala Evidence for early occupation of Kohala has been collected from Kapa'anui. Dunn and Rosendahl (1989) recovered radiocarbon samples that potentially date to as early as A.D. 461 (Site 12444). This early date may be related to the establishment of small, short -tern camps to exploit seasonal, coastal resources. Data recovered from Mahukona suggest initial occupation there by A.D. 1280 (Burgett and Rosendahl 1993:36). The earliest date range for permanent settlement in Kohala (A.D. 1300) was obtained from Koai`e, a coastal settlement where subsistence primarily derived from marine resources. According to Tomonari- Tuggle (1988:I -13), these resources were probably supplemented by small -scale agriculture. The period from A.D. 1300 -1500 was characterized by population growth and expanded efforts to increase upland agriculture. Rosendahl (1972) has proposed that settlement at this time was related to seasonal, recurrent occupation in which coastal sites were occupied in the summer to exploit marine resources, and upland sites were occupied during the winter months, with a focus on agriculture. An increasing reliance on agricultural products may have caused a shift in social networks as well, according to Hommon (1976). Hommon argues that kinship links between coastal settlements disintegrated as those links within the mauka -makai settlements expanded to accommodate exchange of agricultural products for marine resources. This shift is believed to have resulted in the establishment of the ahupua`a system. The implications of this model include a shift in residential patterns from seasonal, temporary occupation, to permanent dispersed occupation of both coastal and upland areas. 16 PC-065 s This pattern continued to intensify from A.D. 1500 to Contact (i' D. 1778), and there is evidence that suggests that there were substantial changes to the political system as well. Within Kohala, the Great Wall complex at Koai`e is organized with platforms in the complex apart from contemporaneous features. Griffin et al. (1971) interpret this as symbolizing class stratification. By A.D. 1600, there is island -wide evidence to suggest that growing conflicts between independent chiefdoms were resolved through warfare, culminating in a unified political structure at the district level. It has been suggested that this unification resulted in a partial abandonment of portions of leeward Hawai'i, with people moving to more favorable agricultural areas (Barrera 1971; Schilt and Sinoto 1980). By the time of contact, numerous coastal villages and extensive dry land and wetland agricultural systems were in place in North Kohala. The ahupua `a system of social organization was also firmly established by this time, with wedge - shaped land units extending from the mountains to the sea. The ahupua `a were controlled by local chiefs, and were integrated at the district level. Districts were ruled by paramount chiefs through a system of taxation and redistribution. Social stratification was defined by a class separation between the ruling alt `i (chiefs) at one end, and the ,naka `ainana (commoners) at the other. Kamehameha 1 eventually united the Island of Hawai`i, and ultimately all of the Hawaiian Islands, and freely participated in the European- introduced market economy. Traditional land use patterns saw a rapid shift after the Mahele in 1848. At this time, land ownership was defined by grants and awards by the king (Kamehameha III) to the chiefs and other retainers. By 1850 laws were enacted under which commoners could also own land (kuleana) if they could prove that they actually occupied those lands. The Mahele paved the way for land to be sold to foreigners. By the mid -19th century, leeward settlement shifted to the windward side of North Kohala as the leeward, agriculturally marginal, areas were abandoned in favor of more productive and wetter sugarcane lands. In addition, native populations were decimated by disease and a depressed birth rate. According to Tomonari - Tuggle (1988:1 -37), the remnant leeward population nucleated into a few small coastal communities and dispersed upland settlements. Settlements were no longer based on traditional subsistence patterns, largely because of the loss of access to the full range of necessary resources. At this point most communities were centered on sugar mills and became part of the plantation social hierarchy. Kapu`a and Puehuehu Ahupua'a: The Mahele Period Roughly fifteen years before the Mahele, during the 1835 census (Schmitt 1973), Kapu`a had a population of 145 individuals. In 1848, the traditional Hawaiian land tenure system was changed by what is commonly known as the "Mahele ". The Mahele defined the land interests of Kamehameha III (the King), the high - ranking chiefs, and the konohiki. As a result of the Mahele, all land in the Kingdom of Hawai`i came to be placed in one of three categories: (a) Crown Lands (for the occupant of the throne); (b) Government Lands; and (c) Konohiki Lands. Laws enacted at the time of the Mahele record that ownership rights to all lands in the kingdom were "subject to the rights of the native tenants;" those individuals who lived on the land and worked it for their subsistence and the welfare of the chiefs (Sinoto and Kelly 1970). As a result of the Mahele, Puehuehu and Kapu'a ahupua `a were held as Government lands. A review of the Waihona `Aina database reveals that two Land Commission claims were made within Kapu`a Ahupua`a, only one of which was awarded. This award was partially located within the current project area (LCAw. 8741 to Kalua). In the Puehuehu Ahupua`a, there were two claims, none of which were awarded. LCAw. 8741 (a total of 9 acres) is located along the southwest portion of the current study area, in the `ili of Kaohuki, Kapu'a Ahupua`a. Kalua claimed LCAw. 8741 in 1848. Kalua received the land from Hakalauina, who received it from Keliikahi, who received it from Lahilahi, who received it from Kaeo, who received it from Kamehameha. At the time of the claim, this lot was primarily cultivated dry land. There was also one house claimed. Beginning in the 1850s the remaining portions of Kapu'a and Puehuehu Ahupua'a were divided and sold as land grants. Five such grants were sold within Kapu'a Ahupua`a. Grant No. 1956 was purchased by Poepoe in 1856. It is located in a small portion of the current study parcel's southwest corner. In Puehuehu 17 Ahupua'a two grants were awarded. Grant No. 1544 (total of 487.5 acres) was purchased by M & K Makanoanoa in 1855, and includes a large portion of the current study area. The land uses associated with Makanoanoa or Poepoe's grant were not discovered. Puehuehu Ahupua`a: Foreign Influences and the Plantation Era In 1873 the English born Robert Robson Hind moved to Kohala from Maui to invest in the booming sugar industry. He purchased land in the flat plains of Puehuehu west of Kohala Sugar Company, although rainfall was less than ideal (Schweitzer 2003), and established the Union Mill. Months prior to formal opening in 1874, a fire broke out destroying the mill. The mill (Figure 13) was rebuilt just in time to harvest and process its first crops. Again in 1878, another fire broke out, destroying the rebuilt mill. Shortly thereafter, Hind sold the mill to James Renton, Daniel Vida, Theo H. Davies & Co., and the brothers Clement (Cecil) and Ralph Sneyd Kytmersley (Schweitzer 2003). These independent growers organized themselves and started the Puehuehu Plantation Company, and were later joined by the Puehuehu Agricultural company in 1910. In 1905, Henry Renton took over management of the mill. Most of the mills 280 employees were of Japanese descent. During this time the mill was harvesting 1,260 acres of cultivated sugar. In 1932, the Union Mill was joined with the Niuli`i Mill and Plantation, under Robert Lindsey. At its peak the mill cultivated three thousand acres. only one -fifth of which was leased (Schweitzer 2003). The Union Mill was purchased by the Kohala Mill in 1937, the cane harvested from the former Union Mill planting fields was then transferred to Hala`ula for processing . During the 1930s, the Union Mill had seven camps consisting of approximately 100 houses that the immigrant workers lived in surrounding the Mill (Schweitzer 2003). These camps included the New Camp, Old Camp, Japanese Camp, Puerto Rican Camp, and Haole Camp. Plantations would build and manage stores that would supply carried foods, household goods, and various supplies used by the plantation workers. The Chai Chee Store was operated by Union Mill from 1929 to 1935, Kenichi Hayashi took over and remained open until 1945 (Stevenson 1977). In 1933, the Union Market was opened by Bushita Higa to service the camps surrounding the mill (this structure still remains, east down the Highway from the current study property). Nakahara store, W.O. Kim Store, and a pharmacy were located at Union Mill. There was a swimming hole in a pasture near Union Mill as well (located makai of the cut study property). A large park at Union Mill (located east of the current study property), was maintained by the plantation and used for recreation purposes for the plantation workers and their families. There was a movie theater near Union Mill. One of six places in Kohala that had a Portuguese bread oven is located in a pasture blow Union Mill subdivision (Stevenson 1977). Pratt Road, which runs from the lower section of `Upolu to Niuli`i, was the main cane hauling road used by the plantations. Figure 13. One of the earliest known photographs of Union Mill (from Schweitzer 2003:107). 18 RC -0658 CONSULTATION When assessing potential cultural impacts to resources, practices, and beliefs; input gathered from community members with genealogical ties and/or long - standing residency relationships to the study area is vital. It is precisely to these individuals for whom meaning and value are ascribed to traditional resources and practices. Community members may also retain traditional knowledge and beliefs unavailable elsewhere in the historical or cultural record of a place. As part of the current assessment study several individuals were consulted. After the closure of the Kohala Sugar Company in 1975, the former cane land was sold off to private investors by Castle & Cook; including Surety Kohala Corporation (formerly Chalon Corporation), which purchased large portions of land throughout Kohala (including the current study property). In 1987 Surety Kohala Corporation leased a large portion of the current study parcel to Ms. Fern White for ranching and equestrian purposes. Ms. White is an equestrienne and school teacher who resides in Kohala; she was also the former Chairperson of the North Kohala Community Development Plan. Ms. White held the lease to the property up until May of 2000. During her thirteen year occupancy, she had numerous structures and rodeo /equestrian related buildings erected on the property (most of which are still intact). On November 11, 2009 an initial phone interview was conducted with Mr. Ted Matsuda. Mr. Matsuda is the operations manager of the Kohala Nursery, and long time resident of North Kohala. He recalled the reservoir below the mill which was used as a swimming hole by children of nearby plantation camps. Mr. Matsuda believed that there may have been a plantation camp within the current study property. Subsequent interviews with community members indicated that there was no such camp on the current study property, but that it existed makai of the current study property. On November 11, 2009 an initial phone interview attempt was made to contact Mr. Frank Perez. Mr. Perez was recommended as a possible source of information regarding the current study parcel. During this call Mrs. Theresa Perez (Frank Perez's daughter -in -law) was consulted. During a follow -up call on November 16, 2009, Theresa contacted her father -in -law Frank, and her Uncle (a former cane truck driver for the Kohala Sugar Company) and both of whom remember the current study property as being former cane land during the sugar era. On November 16, 2009 a phone interview was conducted with Mrs. Kanani Pagador. Mrs. Pagador, along with her husband Albert currently resides in their home along Union Mill Road. According to Mrs. Pagador, they originally lived in the Japanese camp (makai of the current project area). In 1961, the plantation moved their home to its current location. She remembers that her husband Albert and six other friends from the plantation grouped themselves to acquire their desired pieces of land. During that time the plantation was awarding lots by seniority. Mrs. Pagador recalls that the current study property was all cane land with no structures. On November 16, 2009 a phone interview was conducted with Mr. Robert "Buster" Naihe. Buster was raised by Union Mill in the Stable Camp. This camp according to Buster was named for a stable that once stood near the pond (also referred to as the swimming hole). When Buster was a child growing up in this camp he thought there may have been either three or four other families that lived there. He recalls as a child swimming in the pond during the hot summer months. According to Buster the stable was located makai of the current study property (below Pratt Road). When asked about the current study property he remembers it being cane land when he was younger. He remembers that there was a movie theater, post office, and power plant at Union Mill (all of which are outside the current study property). Buster along with his wife Daisy, now resides in Hilo. On November 16, 2009 a phone interview was conducted with Mr. James "Kimo" Bowman. Kimo Bowman currently resides in Hala`ula, but was raised at the Haole camp near Union Mill. This camp is located northeast of the current study property. Kimo recalls the stables mentioned by Buster Naihe. According to Kimo the stables were called the Mule Stables, and held the mules used by the plantations for carting the cut cane. Kimo recalls a rubbish dump that once existed within a large gulch (Kumukoa Gulch) located makai of the current study parcel. When asked about the current study parcel he said that it was formerly cane fields during the sugar era. 19 RC -0658 On November 18, 2009 a phone interview was conducted with Libby Paalua. Libby is a former school bus driver and a long time resident of Hala`ula. She was raised at the Stable Camp in Union Mill. Libby described the location of a movie theater (located between the homes of Fukui Yamamoto and Joe Mattos), two stores, and a pharmacy at Union Mill (all of which are located outside of the current study parcel). She clarified the location of the reservoir (also referred to as the pond or swimming hole), which is located makai of the current study parcel. Libby indicated that the current study property was cane fields during the sugar era. CURRENT PROJECT AREA EXPECTATIONS Based on a review of previous archaeological research, historical documentary research, oral - historical information, and expected settlement patterns for windward North Kohala, a set of project area expectations for the current study area are presented. It is expected that any Precontact or early Historic archaeological resources that may have been present on the study parcel (possible associated with LCAw. 8741 awarded to Kalua, Grant No. 1956 to Poepoe, or Grant No. 1544 to Makanoanoa) will have been significantly impacted by former sugarcane cultivation and more recent ranching and recreational activities, including but not limited to the placement of fence lines, the use of Jeep roads, the development of an equestrian center, the mechanical clearing of pastures, and the movement of livestock. ARCHAEOLOGICAL FIELDWORK Archaeological fieldwork for the current project was conducted on October 2 and 8, 2009 by Robert B. Rechtman Ph.D., Ashton K. Dircks Ah Sam B.A., and Johnny R. Dudoit, B.A. The entire study parcel was subject to east/west pedestrian transects with a 20 meter spacing interval. Ground visibility ranged from poor in the heavily vegetated gulch area to fair in the formerly developed equestrian center area. As a result of the field survey there were no archaeological sites identified on the study parcel. ASSESSMENT OF CULTURAL IMPACTS The assessment of cultural impacts relative to the subdivision of the current study parcel is based on the findings of the literature review and field study in combination with consultation with knowledgeable individuals in the community. There were no valued natural or cultural resources or cultural practices identified for the current study parcel as a result of the archival literature review, nor were any such resources or evidence of such practices observed during the field investigation. Additionally, the individuals that were interviewed as part of the current study uniformly identified the parcel as having been planted in sugarcane for the better part of the late nineteenth and early twentieth centuries. SUMMARY As a result of an intensive archaeological survey of the study property, no archaeological sites were encountered. The bulk of the project area had been subject to years of intensive cultivation and later ranching related activities. Evidence suggests that these activities led to depletion of the soil environment when the land was fallow, with soil from the kula transported into the adjoining drainage. The combination of intensive late nineteenth/early to middle twentieth century use of the property and erosion during the subsequent periods of fallow would have exposed or removed any earlier cultural deposits. Thus, it is assumed that if and any such deposits remained they would have been discoverable during surface survey. Likewise, the background research, field study, and consultation with knowledgeable community members did not result in the identification of any specific cultural properties or practices associated with the current study parcel. CONCLUSION AND RECOMMENDATIONS Given the negative findings of the current study, it is concluded that the subdivision and subsequent development of TMK: 3 -5-4- 08:001 will not significantly impact any known historic properties or any cultural resources and practices of a traditional and customary nature. It is therefore recommended that no further historic preservation work or mitigation is needed. 20 RC -0658 REFERENCES CITED Armstrong, R. (editor) 1983 Atlas of Hawaii. Honolulu: University of Hawaii Press. (Second edition) Barrera, W., Jr. 1971 Anaehoomalu: A Hawaiian Oasis. Preliminary Report of Salvage Research in South Kohala, Hawaii. Pacific Anthropological Records No. 15. Department of Anthropology, B.P. Bishop Museum, Honolulu. Beckwith, M. 1976 Hawaiian Mythology. University of Hawai`i Press, Honolulu. Best, G. 1978 Railroads of Hawaii: Narrow and Standard Gauge Common Carriers. San Marino, CA: Golden West Books. Bergin, B. 2004 Loyal to the Land: The Legendary Parker Ranch, 750 -1950. University of Hawaii Press. Burgett, B., and P. Rosendahl 1993 Summary of Archaeological Inventory Surveys, Kapaanui Agricultural Subdivision and Mahukona Property, Lands of Kapaanui, Kou, Kamano, Maukona 1 S ` and 2 Hiliu, and Kaoma, North Kohala District, Island of Hawaii. (TMK:3 -5 -7 -02:11 and TMK3 -5 -7- 03:1- 3,10- 14,16 -18). PHRI Report 743 - 020993. Prepared for Chalon International of Hawaii, Inc. Conde, J. 1971 Narrow Gauge in a Kingdom: The Hawaiian Railroad Company, 1878 -1897. Felton, California. Cordy, R. 2000 Exalted Sits the Chief The Ancient History of Hawaii Island. Mutual Publishing, Honolulu. Dircks Ah Sam, A., and R. Rechtman 2008 Archaeological Inventory Survey and Limited Cultural Assessment of a Coastal Portion of Niuli`i and Makapala (TMK:3- 5- 2- 01:por. 25), Niuli`i and Makapala ahupua `a, North Kohala District, Island of Hawaii. Rechtman Consulting, LLC Report RC -0573. Prepared for David Eckles and Allene Wong. Dircks Ah Sam, A. and R. Rechtman 2009 Archaeological Inventory Survey (TMKs:3 -5 -3- 07:022, 032, and 033), Halawa ahupua `a, North Kohala District, Island of Hawaii. Rechtman Consulting LLC Report RC -0653. Prepared for Charles Anderson of Hawaii Pacific Brokers LLC. Desha, S. 2000 Kamehameha and His Warrior Kehuhaupi `o. Kamehameha Schools Press, Honolulu Dunn, A., and P. Rosendahl 1989 Archaeological Inventory Survey, Kapaanui Agricultural Subdivision, Lands of Kapaanui and Kou, North Kohala District, Island of Hawaii. PHRI Report 568- 100289. Prepared for Ahualoa Development, Inc. 21 RC -0658 Ellis, W. 2004 Journal of William Ellis, A Narrative of an 1823 Tour Through Hawai `i. Mutual Publishing. Fornander, A. 1969 An Account of the Polynesian Race: Its Origins and Migrations. Tokyo: Charles E. Tuttle Co., Inc. Griffin, P., T. Riley, P. Rosendahl, and H. Tuggle 1971 Archaeology of Halawa and Lapakahi: Windward Valley and Leeward Slope. New Zealand Archaeological Association Newsletter 14(3): 101-112. Handy, E.S.C., and E. Handy 1972 Native Planters in Old Hawai `i. B.P. Bishop Museum Bulletin 233. Bishop Museum Press, Honolulu. (With M. Pukui) Hommon, R. 1976 The Formation of Primitive States in Pre - Contact Hawaii. Ph.D. Dissertation (Anthropology), University of Arizona, Tuscon. University Microfilms, Inc., Ann Arbor, Michigan. 1986 Social Evolution in Ancient Hawai'i. IN Kirch, P.V. (ed.), Island Societies: Archaeological Approaches to Evolution and Trans formation: 55 -88. Cambridge: University Press. Kamakau, S. 1964 Ka Po`e Kahiko: The People of Old. B.P. Bishop Museum Special Publication 51. Bishop Museum Press 1976 The Works of the People of Old: Na hana a ka Po`e Kahiko. B.P. Bishop Museum Special Publication 61. Bishop Museum Press, Honolulu. 1991 Tales and Traditions of the People of Old. Honolulu: Bishop Museum Press. 1992 Ruling Chiefs of Hawaii. The Kamehameha Schools Press, Honolulu (revised edition). Kent, N. 1983 Hawaii: Islands Under Influence. University of Hawai'i Press, Honolulu. Kirch, P. 1984 Evolution of the Polynesian Chiefdoms. Cambridge University Press, New York. 1985 Feathered Gods and Fishhooks: An Introduction to Hawaiian Archaeology and Prehistory. University of Hawai'i Press, Honolulu. 1990 Monumental Architecture and Power in Polynesian Chiefdoms: A Comparison of Tonga and Hawaii. World Archaeology 22(2). KTF (Kohala Task Force) 1975 Kohala: A Candid View. Report of the Kohala Task Force [March]. Kuykendall, R., and A. Day 1976 Hawaii: A History From Polynesian Kingdom to American Statehood. Prentice -Hall, Inc., Englewood Cliffs. 22 RC -0658 Malo, D. 1903 Hawaiian Antiquties. B.P. Bishop Museum Special Publication 2. Bishop Museum Press, Honolulu. McCoy, M.D. and M. Graves 2007 An Archaeological Survey of Halawa and Makapala Ahupua'a, North Kohala District, Hawai'i Island: Hawaii Archaeological Research Project 2007. 2008 An Archaeological Investigation of Halawa and Waiapuka Ahupua'a, North Kohala District, Hawai'i Island: Hawaii Archaeological Project 2008. Oliver, D. 1961 The Pacific Islands. University of Hawaii Press, Honolulu. Pogue, J. 1978 Moolelo Hawaii. Hale Paipalapala Aupuni, Honolulu (Revised Edition). Pukui, M. 1983 'Olelo Noeau, Hawaiian Proverbs & Poetical Sayings. B.P. Bishop Museum Special Publication 71. Bishop Museum Press, Honolulu. Rosendahl, P. 1972 Aboriginal Agriculture and Domestic Residence Patterns in Upland Lapakahi, Island of Hawaii. Ph.D. dissertation, University of Hawaii, Honolulu. Sahlins, M. 1985 Islands of History. The University of Chicago Press. Sato, H., W. Ikeda, R. Paeth, R. Smythe, and M. Takehiro, Jr. 1973 Soil Survey of the Island of Hawaii, State of Hawaii. U.S. Department of Agriculture, Soil Conservation Service and University of Hawaii Agricultural Experiment Station. Government Printing Office: Washington, D.C. Schmitt, R. 1972 The Missionary Censuses of Hawaii. Pacific Anthropological Records; Number 20. Department of Anthropology, B.P. Bishop Museum, Honolulu. Schweitzer, S. 2003 Kohala Aina: A History of North Kohala. Honolulu, Mutual Publishing. Schilt, R., and A. Sinoto 1980 Limited Phase I Archaeological Reconnaissance, Proposed Access Road Corridors, Puakea Ranch, Puakea and Honoipu, North Kohala, Island of Hawaii. B.P. Bishop Museum, Honolulu. Prepared for Belt, Collins and Associates. Sinoto, Y., and M. Kelly 1970 Archaeological and Historical Survey of Pakini -Nui and Pakini -Iki Coastal Sites, Waiahukini, Kailikii, and Hawea, Ka`u, Hawaii. Departmental Report Series 75 -1. Department of Anthropology, B.P. Bishop Museum, Honolulu. Stevenson, L. 1977 Kohala Keia (This is Kohala) Collected Expressions of a Community. A Product of Kohala People and the University of Hawaii at Hilo. 23 RC -0658 Tomonori - Tuggle, M. 1988 North Kohala: Perception of a Changing Community. A Cultural Resource Study. Prepared for Division of State Parks, Outdoor Recreation, and Historic Sites, Department of Land and Natural Resources, State of Hawaii. Williams, J. N. S. 1919 A little Known Engineering Work in Hawaii. In Thrum's Hawaiian Almanac and Annual for 1919. Thos. G. Thrum, Honolulu. Wulzen, W. and S. Goodfellow 1995 Final Report: Archaeological Inventory Survey, Chalon International Mahukona Mauka Parcel; Lands of Kamano, Mahukona 1 and 2 Hihiu and Kaoma, North Kohala District, Island of Hawaii (TMK:3- 5- 7- 02:por.36). PHRI Report 1520- 080895. Prepared for Chalon International of Hawaii, Inc. 24 EL MInvestments LLC Change of Zone Application EXHIBIT C Site Photographs P, vvm ifs 'ech neid. s L ,C change or Zone Applicoilora GRAPHS W ._ 4 4 0 t Ajill Union Mill Road looking makai at access from Hawi Niulii Road. n .. a¢ , Yrs r 3 x .a Subject property from access point on Union Mill Road looking northwest. 1-'0/10 I nvesititentS' LLC Change of Lone 1.,pplIcazio1 SITE PHOTOGRAPHS rt h , . .; �� 1-",4 i�a sue' Subject property from access point looking west at the new public library in distance. C 4. Subject property from Takata Store looking northeast over new public library. • DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: June 7, 2010 Memorandum TO • B.J. Leithead -Todd, Planning Director Planning Department FROM • Galen M. Kuba, Division Chi -v (,, Engineering Division `` ''��// SUBJECT : Change of Zone Application (REZ 10- 000123) Applicant: EWM Investments Location: Puehehu and Kapua, HI TMK: 3/ 5 -4- 008:001 We reviewed the subject application and our comments are as follows: DRAINAGE 1. All development generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW 2. The applicant shall be informed that if they include drywelis in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant shall comply with Chapter 11 -55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. Planning Exhibit. Z Memorandum to PD- REZ 10- 000123 June 7, 2010 Page 2 of 2 ROADWAYS 1. The Hawaii Belt Highway, is under the jurisdiction of the Hawaii Department of Transportation (HDOT). Comments and requirements concerning this road should be obtained from the HDOT. 2. Union Mill Road, is a private substandard road. It has an approximate 19 -ft. wide pavement (in poor condition), with grass shoulders, all within an approximate 50- ft. right -of -way. The existing road Tacks drainage improvements and sidewalks. Union Mill Road should be improved to dedicable standards from Hawaii Belt Road to the subdivision access road consisting of, but not limited to, pavement resurfacing and drainage improvements, concrete curb, gutter and sidewalk street lights, signs and markings meeting with the approval of meeting with the approval of DPW. 3. The applicant should construct the subdivision access road to County dedicable standards from Union Mill Road. Any utility poles in a dedicable road right -of- way shall be installed as shown on DPW Standard Detail R -35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327 -3530. KE copy: ENG -HILO /KONA Hawaii County is an equal Opportunity Provider and Employer • • 79 49 • • ° moo ' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII ryo 3 4 5 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 May 11, 2010 TO Ms. BJ Leithead -Todd, Planning Director Planning Department FROM Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000123) APPLICANT — EWM INVESTMENTS, LLC REQUEST: A -20a TO FA -2a - TAX MAP KEY 5- 4- 008:001 We have reviewed the subject application and have the following comments and conditions. Please be informed that the nearest Department of Water Supply facility is an existing 6 -inch waterline within Union Mill Road, approximately 220 feet from the subject parcel or an existing 8 -inch waterline within Akoni Pule Highway, approximately 240 feet from the subject parcel. Please be informed that the current water availability conditions in the area, which are subject to change without notice, allow for only one (1) unit of water, at a maximum of 600 gallons per day, per existing lot of record. Additional water units would be available and contingent upon the completion of Subdivision Application No. 2004 - 000127. Based on the current layout of Subdivision Application No. 2004 - 000127 and this proposed subdivision, there would be a total of 11 lots requiring water. A portion of the proposed Lot 6 in Subdivision 2004 - 000127 will require one (1) unit of water. For your information, final subdivision will be subject to the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure under peak -flow and fire -flow conditions; the minimum diameter of which shall be 6 inches, b. service laterals that will accommodate a 5/8 -inch meter to each lot, and, c. subject to other agencies' requirements to construct improvements within the road right -of -way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Submit construction plans, prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. Plannin Dept• Exhibit � SCANNED (14)ntor 111,r X11 ,fnct rProrini,c'Ro cal ,rro rTln (14), 0 grill-to Ms. BJ Leithead -Todd, Planning Director Page 2 May 11, 2010 2. Remit any facilities charge balance due, this will be determined upon completion of Subdivision Application No. 2004 - 000127. 3. Submit the appropriate documents, properly prepared and executed, to convey the subdivision water system improvements and necessary easements to the Water Board of. the County of Hawai`i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961 -8070, extension 256. Sinc- .-ly yours, M ., to D. Pavao, P.E. na!er RQ:dfg copy — EWM Investments, LLC Mooers Enterprises, LLC . :JNt . # tl William P. Kenos ; :�'�: • Lono A. Tyson Mayor _� re.� Director William T. Takaba • 4T. or N • Ivan M. Torigoe Managing Director Deputy Director &nut DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawai'i 96720 (808) 961 -8083 • Fax (808) 961 -8086 http: / /co.Hawai'i.hi.us /directory/dir envmng.htm MEMORANDUM r Date : , 2010 To : BJ LEITHEAD TODD, Planning Director From: LONO A. TYSON, Director \-L\ Subject: Change of Zone Application (REZ 10- 000123) Applicant: EWM Investments, LLC Request: A -20a to FA -2a TMK 5- 4- 008:001 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: CZ, =- TO C mM/LI, 13EL9W WAS ATER COMMENTS: (Contact Wastewater Division for details.) ( No comments ( ) Require connection of existing and /or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawai'i County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ( "Director of DEM "), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments SCANNEL (X Commercial operations, State and Federal agencies, religious entities and non -profit V 1., organizations may not use transfer stations for disposal. 3 6 6 (X) Aggregates and any other construction /demolition waste should be responsibly reused to its fullest extent. (X) Ample and equal room should be provided for rubbish and recycling. ,) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. P� Planning Dept. County of Hawaii is an Equal Opportunity Provider and Employer. Exhibit ;onstruction and demolition waste is prohibited at all County Transfer Stations. : Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: cc: SWD, WW'" 12574 County of Hawai' i is an Eaual Opportunity Provider and Fmnlnver , 1 • �/ � t �`��% � Lono A. Tyson William P. Kenoi Mayor -__ r•=''m _ _ Director • Ivan Torigoe °f Deputy Director • taunt of cinfinti l DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 Fax (808) 961 -8086 http : / /co.hawaii.hi.us /directory /dir envmng.htm February 12, 2009 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) promotes and implement recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County solid waste management facilities, and (3) predict the additional vehicular traffic being generated because of waste and recycling transfers. A qualified consultant shall prepare a suitable solid waste management plan for review by the Department of Environmental Management. REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational or maintenance phases. Waste types shall include (but not be limited to): A. Organics (including food waste and green wastes); B. Construction and Demolition; C. Paper (including cardboard); D. Metal (including ferrous and non - ferrous metals); E. Plastic; F. Special (including ash, sludge, treated medical, bulky items, tires); G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and H. Glass. 2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 3. Identification and location of the proposed waste reduction, waste re -use, recycling facility or disposal site and associated transportation methods for the various components of the development's waste management system, including the number of County of Hawai`i is an Equal Opportunity Provider and Employer. Solid Waste Management Plan Guidelines Page 2 of 2 vehicle movements and associated routes that will be used to transport the waste and recycled materials. 4. The report will include identification of any impacts to County- operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be prepared for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste management plan as complying with applicable Federal, State and County of Hawai'i solid waste laws, regulations, and administrative rules. Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808 - 961 -8515. CONCUR: Y ot14 , - 4. r Lono A. Tyson DIRECTOR County of Hawai' i is an Equal Opportunity Provider and Employer. 1 - I v Os h William P. Kenoi r c. L ' %'• Harry S. Kubojiri Mayor n\ . � �i Police Chief =i4\‘' f ;,.• . '+ It -rem f ` �ii ; N''. Paul K. Ferreira Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street • Hilo, Hawaii 96720 -3998 (808) 935 -3311 • Fax(808)961 -2389 April 21, 2010 TO : BJ LEIT EAD TODD, ' LANNING DIRECTOR FROM : HiN TAVA' • ' ., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT : CHANGE OF ZON ii SUBJECT (REZ 10- 000123) APPLICANT: EWM INVESTMENTS, LLC REQUEST: A -20a to FA -2a TAX MAP KEY: 5 -4 -8:1 The above - referenced application has been reviewed, and we have no comments or objections to offer at this time. Should there be any questions, please contact Captain Richard Miyamoto, Commander of the North Kohala District, at 889 -6540. RM RS100310 planning Dept. Exhibit -- (ft I "Hawai`i County is an Equal Opportunity Provider and Employer" q '1 William P. Kenoi j c y �, Darryl J. Oliveira Mayor�v���r� Fire Chief 44i 6 F - N 6;, Glen P. I. Honda - Deputy Fire Ckief • QCouutp of Ti9almari HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 (808) 932 -2900 • Fax (808) 932 -2928 April 29, 2010 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000123) APPLICANT: EWM INVESTMENTS, LLC REQUEST: A -20a to FA -2a • TAX MAP KEY: 5 -4 -8:1 In regards to the above - mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Planning Dept. • Exhibit �o 062861 �: ° `,, Hawai'i County is an Equal Opportunity Provider and Employer. BJ Leithead Todd April 29, 2010 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire- fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all - weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15 %) BJ Leithead Todd April 29, 2010 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on -site fire hydrants and mains capable of supplying the required fire flow. "Water supply may .consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. 1 4 1 A " ' OLIVEIRA Fire Chief RP:lpc William P. Kenoi� - .T Stephen J. Arnett Mayor Housing Administrator +��rt os M ►� QCountp of *duff OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawai'i 96720 -2456 V/TT (808) 961 -8379 • FAX (808) 961 -8685 April 20, 2010 MEMORANDUM TO Bobby -Jean Leithead Todd Planning Department e �"� FROM: eph n J. Arnett ousing Administrator SUBJECT: Change of Zone Application (REZ 10- 000123) Applicant: EWM Investments, LLC Request: A -20a to FA -2a Tax Map: (3) 5 -4- 008:001 The Office of Housing and Community Development has reviewed the application and determined that Affordable Housing Conditions are applicable to the subject request. Thank you for the opportunity to comment. Planning Dept. Exhibit ____._ NIN O62t 6 3 et^ G: /PLANNING /1913pasr.doc •Oa EQUAL HOUSING OPPORTUNITY "HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER" LAURA H. THIELEN LINDA E.TNGLE _ a , 4 \ 959 9 p •, k iv Cci\n�5RS( 0 a c • 130NRI>Ur LAND .A\DNATIRALRESULRCES GOVERNOR 'OFH VAII f 4;,, 1'( Al\ILS�IO\ 1 �.. W.ATERRESULRCL MA \All: \1ENT i1 11 ' 3 o ` "'% STATE OF HAWAII (//-----. �� DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION st ate of Hal* POST OFFICE BOX 621 HONOLULU, HAWAII 96809 April 16, 2010 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Jeff Darrow Ladies and Gentlemen: Subject: Change of Zone Application (REZ 10- 000123) 1 . ■..a (Y1 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) has no other comments to offer on the subject matter. Historic Preservation will be responding through a separate cover letter. Should you have any questions, please feel free to call our office at 587 -0433. Thank you. Sincerely, Ph aril-,,-PL4—aZZAATtv Charlene Unoki Assistant Administrator Planning Dept. Exhibit` SCANNED 1 o L ! 2!4L APP << LINDA LINGLE 6 . o h� CHIYOME L. FUKINO, M.D. O'ERNQR 9 .»; Director of Health STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 MEMORANDUM DATE: May 6, 2010 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye' - Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 10- 000123) Applicant: EWM Investments, LLC Request: A -20a to FA -2a Tax Map Key: 5 -4 -8:1 The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on April 14, 2010. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438 -9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters... ". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11 -54. 2. In accordance with HAR, Sections 11 -55 -04 and 11 -55- 34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office downloaded from our website at: SCANNED Planning Dept.iAY F1 zo10 Exhibit ��= ��'443464 BJ Leithead Todd May 6, 2010 Page 2 of 3 http: / /www.hawaii. gov /health/ environmental /water /cleanwater /forms /indi v- index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http: / /www.hawaii. gov /health/environmental /water /cleanwater /forms /genl -index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11 -55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11 -55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11 -55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11 -55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11 -55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11 -55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11 -55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11 -55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11 -55, Appendix K] „. ' BJ Leithead Todd May 6, 2010 Page 3 of 3 xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11 -55, Appendix L] 3. In accordance with HAR, Section 11- 55 -38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11 -54. Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director.” If you have any questions, please contact Ms. Joanna Seto, Supervisor of the Engineering Section, CWB, at (808) 586 -4309. Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The HEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. We recommend that you review all of the Standard Comments on our website: http: //hawaii.gov/health /environmental/ env- planning/landuse /landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 10- 000123.my r _ _ Post Office Box 1101 'WOOERS `lrnuela, Hawaii 96743 ENTERPRISES, LLC h . , .,. < i f Fax (808) 880-1456 Land Use Alternatives P l 14: fggnooers@hawaii.rr.co n April 30, 2010 Ms. Leithead Todd, Director Planning Department County of Hawaii 101 Pauahi Street, Suite3 Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 1 -123) Applicant: EWM Investments, LLC Request: Agricultural 20-acres (A -20a) to Family Agricultural 2 -acres (FA -2a) Key: (3) 5 -4- 008:001 Kapua, North Kohala, Hawaii Dear Ms. Leithead Todd: Your staff has forwarded comments on the application identified above and asked that I respond. Office of Housing and Community Development: The applicant understands the Housing Ordinance applies to this project and will be working with OHCD to develop a proposal to be considered by the County Council at the time of their review of this project. Department of Land and Natural Resources -Land Division: No comment was made, therefore no response is warranted. Should you or your staff require any additional information, please contact me directly. Thank you for your prompt review of this application. Sincerely, Greg OR. N/1 ooers President Planning Dept. Exhibit . ED B O 29716 • Post Office Box 1101 4/1 J \4 OOERS Kamu €la, Hawaii 96743 E NTERPRISES LLC Phone (808) 880-1455 I., itil(' :, Fax (8()8) 880 .1.451 Land Use Alterna ..?.:,.1 Fax May 6, 2010 Ms. Leithead Todd Director PI arming Department County of Hawaii 101 Pauahi Street, Suite3 Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 10 -123) Applicant: EWM Investments, LLC Request: Agricultural 20 -acres (A -20a) to Family Agricultural 2 -acres (FA -2a) Key: (3) 5 -4- 008:001 Kapua, North Kohala, Hawaii Dear Ms. Leithead Todd: Your staff has forwarded comments on the application identified above and asked that I respond. Fire Department: The applicant will comply with all provisions of the Fire Code. Should you or your staff require any additional information, please contact me directly. Thank you for your prompt review of this application. Sinc: rely, 1 K.moo,..4___ Grego * Mooers President SCANNED [Yb 16 0 1 I, l i t st n Post Office Box 1101 I4 OOERS : ° > / _ ' : - : - :Icamuela; Hawaii 96743 ENTERPRISES, LLC $' Phone (808) 880 -1455 Fax (808) 880 -1456 il Land Use Alternatives 7 # M AY 0 2: �, overs@ @hawaii.rr.com o'c May 19, 2010 Ms. Leithead Todd, Director Planning Department County of Hawaii 101 Pauahi Street, Suite3 Hilo, Hawaii 96720 • Re: Change of Zone Application (REZ 10 -123) Applicant: EWM Investments, LLC Request: Agricultural 20 -acres (A -20a) to Family Agricultural 2 -acres (FA -2a) Key: (3) 5 -4- 008:001 Kapua, North Kohala, Hawaii Dear Ms. Leithead Todd: Your staff has forwarded comments on the application identified above and asked that I respond. Department of Water Supply: The applicant has reviewed the comments from DWS and will continue to work with DWS to comply with their requirements in bringing the necessary water service to the proposed subdivision consistent with the DWS letter dated May 1, 2006 ., Department of Health: The applicant will comply with all regulations related to the Clean Water Act, pollutant discharge and will work with DOH to address any health impacts of developing former sugarcane production lands. Department of Environmental Management: The applicant will prepare a Solid Waste Management Plan and comply with all regulations related to solid waste. Should you or your staff require any additional information, please contact me directly. Thank you for your prompt review of this application. Sine- ely, 1 , . y w. Grego 0 R. Mooers NNE.) President °'" 003 ii5 i iiyz REWMlnvestments- REZ10- 123.jwd 06 -07 -10 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION EWM INVESTMENTS, LLC CHANGE OF ZONE APPLICATION (REZ 10 -123) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from Agricultural 20 -acre (A -20a) to Family Agricultural 2 -acre (FA -2a) be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and /or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from Agricultural 20 -acre (A -20a) to Family Agricultural 2 -acre (FA -2a) for 24.186 acres of land to create a ten -lot family - agricultural subdivision. The subdivision of the 24.186 -acre property into ten lots of 2+ acres each will provide more marketable family - agricultural lots in the North Kohala area for families who are interested in subsistence farming or small scale commercial farming on this productive farmland. The smaller lots would allow for a house site and an adequate area for agriculture to allow families an opportunity to grow their own food or produce agricultural products to supplement their income in the community. It should be noted that the proposed subdivision plan shows a largely unusable Lot 10, most of which is in Kapu`a Gulch. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County, and ultimately, on the future development of the entire island. -1- The proposed change of zone request would conform to the goals, policies and standards of the General Plan. The General Plan was developed as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the availability of public infrastructure and services. The Land Use Pattern Allocation Guide (LUPAG) Map, which establishes the basic urban and non -urban form for areas within the County, designates the subject property as Low Density Urban which allows for single family residential uses, with ancillary community and public uses, and neighborhood and convenience -type commercial uses; overall residential density may be up to six units per acre. The purpose of the Family Agricultural zoned district according to the Zoning Code is to provide for a blend of small -scale agricultural operations associated with residential activities which may be characterized by farm estates, small acreage farms, or subsistence lots in areas where public services and infrastructure are appropriate to support the very low density residential needs of the community and where a substantial number of surrounding parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this zoned district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the Land Study Bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands by the State Department of Agriculture's ALISH (Agricultural Lands of Importance to the State of Hawai`i) classification system, provided that this district may include lands so classified if the lands are situated within an Urban Expansion or other urban designation under the general plan LUPAG map. The subject property does have soils classified by the Land Study Bureau as "B' or "Good" and is classified as "Prime Agricultural Lands" as well as Existing Urban Development by the ALISH. The property's Low Density Urban LUPAG designation, however, indicates that this general area is appropriate for urban land uses and therefore, it would -2- be appropriate to allow the establishment of the Family Agricultural district classification in this area. Surrounding properties in the general area of the subject property are in residential and agricultural use. The surrounding properties to the east, west and south are zoned RS -15 and are predominantly in single family residential use with several lots zoned for commercial uses along the Akoni Pule Highway. The North Kohala Community Development Plan, which was adopted by Ordinance No. 08 -151 on November 5, 2008, calls to direct North Kohala's growth to areas within and near existing town centers in order to preserve the district's open space and cultural resources, and to promote agriculture. This particular area is referred to as the Honomakau Town Center, so approval of this change of zone would support the North Kohala Community Development Plan. Thus, the applicant's request for a change of zone to FA -2a in order to subdivide and create two, 2 +/- acre lots is appropriate in this area as it will not diminish the potential for future agricultural uses on the property, is consistent with the purpose of the Family Agricultural district in the Zoning Code, as is not contrary with the General Plan and LUPAG Map designation of Low Density Urban and lastly, is consistent with the North Kohala Community Development Plan. All essential utilities and services are available to the site. Access to the property will be from Union Mill Road, which is a private roadway with a 20 -foot pavement within a 50 -foot right -of -way. The applicant owns TMK: 5 -4- 010:029, which will be used to provide access to the subject property from Union Mill Road. The Department of Public Works has requested that the applicant improve Union Mill Road to dedicable standards from Akoni Pule Highway to the subdivision access road consisting of, but not be limited to, pavement resurfacing and drainage improvements, concrete curb, gutter and sidewalk, street lights, signs and markings. A condition of approval will be added in response to the Department of Public Works request, but without the requirement of drainage improvements and concrete curb, gutter and sidewalk improvements. The reason for not requiring these improvements is that they are extensive, and currently Union Mill Road has grass shoulders, which is sufficient for drainage purposes at this time. -3- County water can be made available to the property via an existing 6 -inch waterline within Union Mill Road or an 8 -inch waterline along Akoni Pule Highway. As there is no municipal sewer system in the area, wastewater will be disposed of into individual wastewater systems meeting the standards and requirements of the State Department of Health. Solid waste will be disposed of by commercial haulers or individual homeowners into an approved landfill. Additionally, the Department of Environmental Management recommends the applicant provide a Solid Waste Management Plan to address solid waste for the proposed subdivision. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X ", which is an area determined by FEMA to be outside the 500 -year floodplain. If required by the Department of Public Works, the applicant will provide a drainage study and ensure that all development generated storm run -off be disposed of on -site and not allowed onto adjacent properties or roadways. It should be noted that there will be a need to adjust the subdivision plat to make Lot 10 usable. Electrical and telephone services are available to the property. Police and fire services are located about 2 miles to the east in Kapaau. The closest public schools, which are Kohala Elementary and High Schools, are located just to the west of the subject property. The County's Kamehameha Park complex is within one mile from the subject property. To limit the cumulative impact of the proposed subdivision on area infrastructure, a condition of approval will prohibit a second dwelling and condominium property regime on each lot. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located over one mile from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa 'akai 0 Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights -4- must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: An Archaeological and Limited Cultural Assessment conducted by Robert B. Rechtman Ph.D., Ashton K. Dircks Ah Sam B.A., and Johnny R. Dudoit, B.A. and a biological reconnaissance performed by Ron Terry and Patrick J. Hart of Geometrician Associates were included in the application. The valued cultural, historical, and natural resources found in the rezoning area: The property has a history of heavy and long -term disturbance from past sugar cane cultivation. Currently, the property shows evidence of heavy and recent usage for ranching and pasture. As such, it is anticipated that no historic properties will be affected. A condition of approval will require that the applicant cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. Possible adverse effect or impairment of valued resources: There is no evidence that the flora or fauna in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: There is no evidence of gathering for cultural purposes taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -20a) to a Family Agricultural (FA -2a) zoned district would result in an appropriate land use pattern and further the public convenience, necessity and general welfare. The accompanying draft bill to amend Section 25 -8 -9 (Hawi-Kapa'au Zone Map) and Section 25 -8 -7 (North and South Kohala District Zone Map) , Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- ;M YY ;9-!.1f y •. • COUNTY OF HAWAII i •_4 % I• ` 4 STATE OF HAWAII *T` O F N' BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25 -8 -9 (HAWI-KAPA'AU ZONE MAP) AND SECTION 25 -8 -7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — TWENTY ACRES (A -20a) TO FAMILY - AGRICULTURAL — TWO ACRES (FA -2a) AT KAPU'A AND PUEHUEHU, HAWAII, COVERED BY TAX MAP KEY: 5 -4- 008:001. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -9 and Section 25 -8 -7, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kapu'a and Puehuehu, Hawaii, shall be Family - Agricultural — Two Acres (FA -2a): Beginning at the Northwest corner of this parcel of land, being also the Southwest corner of Lot 2, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 NAKE" being 13,988.99 feet North and 9,952.53 feet East and running by azimuths measured clockwise from true South: 1. 295° 41' 41.98 feet along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; thence along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau, on a curve to the left with a radius of 310.00 feet, the chord azimuth and distance being: 2. 273° 28' 234.43 feet; 3. 251° 15' 110.53 feet along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; -1- thence along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau, on a curve to the left with a radius of 360.00 feet, the chord azimuth and distance being: 4. 246° 31' 15" 59.36 feet; 5. 241° 47' 30" 163.16 feet along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; thence along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau, on a curve to the right with a radius of 515.00 feet, the chord azimuth and distance being: 6. 245° 56' 15" 74.46 feet; 7. 250° 05' 100.88 feet along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; thence along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau, on a curve to the right with a radius of 970.00 feet, the chord azimuth and distance being: 8. 253° 56' 7.5" 130.33 feet; 9. 16° 25' 30" 1,635.29 feet; along Kynnersley Road Tract 3, Block G (File Plan 660); 10. 115° 30' 30" 410.12 feet along Kynnersley Road Tract 1, Block B (File Plan 651); 11. 25° 30' 30" 5.74 feet along Kynnersley Road Tract 1, Block B (File Plan 651); 12. 115° 33' 20" 150.12 feet along Lots B -1 and A -1, along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; 13. 115° 28' 30" 225.00 feet along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; -2- 14. 205° 03' 329.44 feet along Lot A, along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; 15. 288° 25' 197.91 feet along Lot A, along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; 16. 205° 03' 350.00 feet along Lot A, along remainder of Grant 1544 to Makanoanoa, Maria and Kaneihalau; 17. 108° 25' 400.00 feet along Lot A, along remainders of Grant 1544 to Makanoanoa, Maria and Kaneihalau and Grant 2956 to Poepoe; 18. 25° 03' 251.68 feet along Lot A, along remainder of Grant 1956 to Poepoe; 19. 108° 25' 242.46 feet along Lot B, along remainders of Grant 1956 to Poepoe and Royal Patent 7653, Land Commission Award 8741 to Kalua; 20. 101° 22' 222.68 feet along Lot B, along remainder of Royal Patent 7653, Land Commission Award 8741 to Kalua; 21. 250° 00' 90.00 feet along Kohala High and Grammar School Lot; 22. 195° 00' 150.00 feet along Kohala High and Grammar School Lot; 23. 208° 30' 74.00 feet along Kohala High and Grammar School Lot; 24. 245° 00' 90.00 feet along Kohala High and Grammar School Lot; 25. 275° 53' 66.55 feet along Kohala High and Grammar School Lot; 26. 288° 33' 339.07 feet along Lot 2 -B, along Grant 749 to Awiki; -3- 27. 205° 41' 327.27 feet along Lot 2 -B, along Grant 749 to Awiki, to the point of beginning and containing an area of 24.174 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- CEWMInvestments- REZ10- 123 .jwd 06 -07 -10 EWM INVESTMENTS, LLC CONDITIONS OF APPROVAL CHANGE OF ZONE APPLICATION NO. (REZ 10 -123) A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty (180) days from the effective date of this ordinance. The applicant shall construct necessary water system improvements including, but not limited to, water mains capable of delivering water at adequate pressure under peak -flow and fire -flow conditions; the minimum diameter of which shall be six inches, the installation of service laterals to accommodate a 5/8 -inch meter for each lot, and other agencies' requirements to construct improvements within the road right -of -way fronting the property affected by the proposed development, and the relocation and adjustment of the Department's affected water system facilities, should they be necessary. The applicant shall remit any prevailing facilities charge, as determined by the Department of Water Supply, and convey the subdivision water system improvements and necessary easements to the County Water Board prior to Final Subdivision Approval. D. Final Subdivision Approval shall be secured from the Planning Director within five (5) years from the effective date of this change of zone ordinance. E. Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private —1— covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. The applicant shall improve Union Mill Road from Akoni Pule Highway to the subdivision access road (including TMK: 5- 4- 10:29) consisting of, but not limited to, pavement resurfacing to a 20 -foot pavement width, installation of street lights, signs and markings, meeting with the approval of the Department of Public Works. G. All development - generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to submittal of plans for subdivision review. Any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works, prior to Final Subdivision Approval. H. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawai`i County Code. The applicant shall comply with Chapter 11 -55, Water Pollution Control, Hawai`i Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activities. J. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Final Subdivision Approval. K. The method of sewage disposal shall meet with the requirements of the Department of Health. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR -SHPD) shall be immediately —2— • notified. Subsequent work shall proceed upon an archaeological clearance from DLNR -SHPD when it finds that sufficient mitigative measures have been taken. M. The applicant, successors or assigns shall make their fair share contribution to mitigate the potential regional impacts of the proposed subdivision with respect to parks and recreation, fire, police, solid waste disposal facilities and roads for the one additional lot to be created. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for the lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County. Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $12,059.55 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $5,815.33 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $280.53 per single family residential unit to the County to support police facilities; 3. $554.09 per single family residential unit to the County to support fire facilities; 4. $242.59 per single family residential unit to the County to support solid waste facilities; and 5. $5,167.02 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and /or construct improvements /facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the —3— proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. P. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. Q. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. —4— Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. —5— Ir � 11111/1 -� A 20a A -20a it 'M AGRICULTURAL - 20 ACRES (A -20a) TO FAMILY ACRES -AGRICULTURAL - TWO A -20a "WS 24.174 ACRES S TOTAL A -20a Waif ' A -20a • Iltiriv • 73,988.99' N � : i 9,952.53' E �,.� , "_° "PU'UONALE" ' A -20a A-20a Rs_15 clif „,..„. i I . ' ' i e i lii Q ,/ / Aftr Z CN -10 - %,; ,p A -20a OARES R• i. >. CN -10 � � ill �1� A 20a III � 14ki- ,.; Oa � :�`� �i O litei, ic CV 10 N iitvp,__ Wit. A 20a - '�� '� 1 , . I ; �I . iti *I A -20a �4• It� 4, akt-if irt• 41;* � i:** ill, A 20a i� 441 CIRe 1 1 Feet 0 500 1,000 2,000 3,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -9 (HAWI - KAPA'AU ZONE MAP) AND SECTION 25 -8 -7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - TWENTY ACRES (A -20a) TO FAMILY - AGRICULTURAL - TWO ACRES (FA -2a) AT KAPU'A AND PUEHUEHU, HAWAII MAP PREPARED BY: ' COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: (3)5 -4- 008:001 DATE: Apr. 06, 2010 EXHIBIT "A" EWM Investments, LLC Map 1293