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HomeMy WebLinkAboutCOM 0077.000 1996-1998Stephen K. Yamashiro Mayor f 0U11ty of'ttfvzm 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax(808)326-5663 December 27, 1996 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 96-25) Applicant: John W. Hoffee, II Request: Open (0) to Hotel -Resort (V -2a) Tax Map Keys 6-9-7:15 William G. Davis Managing Director Henry Cho Deputy Managing Director As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above -referenced Change of Zone Application. Sincerely, jpen K. ashiro Mayor AK: syw LHoffe0l.MAY Enclosures cc: Planning Commission REZ 96-25 Gomm. No.7.___— >�. its 7.N6 /KH 1g. ?ot__s=-- ,l,�,f� 2 t� }> Stephen K. Yantashiro Mayor UL. : i !996 ( 0unfV of pa(V n PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hil), Hawaii 96720.4252 (808) %1-8288 Fax (808) %1-%15 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 96-25) Applicant: John W. Hoffee, II Request: Open (0) to Hotel -Resort (V -2a) Tax Map Key: 6-9-7:15 The Planning Commission, after a duly held public hearing on December 5, 1996, voted to recommend for your approval the proposed legislative bill for approximately 10± acres of land by changing the district classification from Open (0) to Resort -Hotel (V -2a). The property is located to the south of the Waikoloa Beach Resort and abutting the South Kohala-North Kona District boundary at Anaehoomalu, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: 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 be also considered as they may have an impact on similar areas in the County. The Change of Zone Application from Open (0) to Resort -Hotel, (V -2a) zoned district will conform to the following goals, policies and standards of the General Plan Resort and Land Use Elements: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. o Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access and public need. o The County shall encourage the maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 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 relationships among the various land uses. The LUPAG Map establishes the basic land use pattern for areas within the County. The LUPAG Map designates the area as "Resort." The area is part of the Waikoloa Beach Resort. This low density family resort is will enhance the overall financial feasibility of the community and make possible future site improvements which will add to the attractiveness of the area for visitors. The subject property is an integral part of the Waikoloa Beach Resort area. Resort - Goals Maintain an orderly development of the visitor industry. Provide for resort development that maximizes conveniences to its users and optimizes the benefits derived by the residents of the County. Ensure that resort developments maintain the social, economic, and physical environments of Hawaii and its people. Resort - Policies o Zoning of resort areas shall be granted when the proposed development is consistent with and incorporates the stated goals, policies and standards of the General Plan. The County shall designate and allocate future resort areas in appropriate proportions and in keeping with the social, economic, and physical environments of the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The County shall evaluate resort areas and the areas surrounding existing resorts to insure that viable quality resorts are developed and that the surrounding area contributes to the quality, ambience and character of the existing resorts. The applicant's overall objective is to develop a high quality family resort that will retain the rural character and natural beauty of the area. The family resort would include up to 4 resort -residential units and caretakers quarters accommodations. The applicant has recognized the benefits of planning and designing a project in a manner that is sensitive to the natural features and unique historical heritage of the land. Based upon preliminary studies, the applicant believes that these objectives can be obtained in an economically viable manner. The requested Change of Zone will further the objective of the General Plan and the Kona Regional Plan. The subject property is situated adjacent to resort (V-1.255) and multiple family residential (RM), Village Commercial (CV -10), Limited Industrial (ML -20), and Open (0) zones. Resort developments are created to satisfy the needs and desires of both the visitors and the residents. Such areas have basic amenities and attributes which attract the development of visitor accommodations and related facilities. Almost every successful resort area has a harmonious combination of certain characteristics, such as climate, scenery, recreational amenities and other man-made facilities. In this instance, the natural factors have been the basis for the development of the Waikoloa Beach Resort area and the man-made facilities were designed to enhance the area. The proposed Resort (V -2a) zoning would be large enough to provide a low density hotel - residential and recreational amenities which will keep visitors interested and entertained. The intimacy of this project will ensure leisureliness associated with the area. The Land Use and Resort Elements of the General Plan also state that resort uses shall be developed in areas adequately served by essential services and other infrastructure. The area under consideration is provided with all essential utilities and services, including water. The applicant has an agreement with Waikoloa Resort Utilities for water service with a maximum of 30,000 gallons of water per month and increasing to an amount not to exceed 90,000 gallons per month for the four single family dwellings. Due to the improved nature of the subject property and the surrounding areas, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the project site, nor has the project site been identified as a significant botanical or biological habitat. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 The anchialine ponds on the property will be preserved by the applicant. These ponds will be integrated into the development design. Direct or indirect impacts on the ponds will be negligible. Several archaeological surveys were conducted on the property, and preservation and/or recordation of the sites will be required. The existing Waikoloa Beach Resort Public shoreline access parking and pathways are in place at the south end and in the middle of the Waikoloa Beach Resort, through Lot 2, File Plan 1853. Access is also provided to the northern end of Anaehoomalu Bay along the north side of the Royal Waikoloan Hotel (Lot 8, File Plan 1562). Mauka-makai public accesses, as well as lateral access, to and along the shoreline are already provided within the Waikoloa Beach Resort area. There are no major trails traversing the applicant's property. However, the specific treatment for trails and other features designated for preservation would be determined as part of the archaeological approval process in conjunction with the requirements of the Department of Land and Natural Resources - Historic Preservation Division and other applicable governmental agencies, boards and commissions. The proposed Change of Zone would not expand development in the area. Impacts associated with this four unit development such as historical, visual, traffic, drainage and design concerns have been previously assessed and will be mitigated through conditions of approval. Therefore, the request would not unreasonably burden the public agencies to provide roads and streets, sewers, water, drainage, school improvements and police and fire protection. The infrastructural impacts are the same as previously assessed under the Waikoloa Beach Resort. The proposed zone change would allow for uses which complements the resort use established in this area by the Waikoloa Beach Hotel. Based on the above findings, approval of the Change of Zone request from Open (0) to Hotel -Resort (V -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 25-95G, the Puako-Anaehoomalu Zone Map, of the County Zoning Code is transmitted. I Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Kevin M. Balog, Chai an Planning Commission AK: syw LHoffe0IPC Enclosures cc: Honorable Stephen K. Yamashiro, Mayor Mr. John W. Hoffee, II Sandra Pechter Schutte, Esq. Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources r B11oRe0l.e 11127V96 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JOHN W. HOFFEE, H CHANGE OF ZONE APPLICATION NO. 96-25 JOHN W. HOFFEE, II, has submitted an application for a Change of Zone by changing the district classification from Open (0) to Resort -Hotel (V -2a). The property is located to the south of the Waikoloa Beach Resort and abutting the South Kohala-North Kona District boundary at Anaehoomalu, South Kohala, Hawaii, TMK: 6-9-7:15. GENERAL INFORMATION 1. Owner: John W. Hoffee II, Declaration of Trust is the fee owner of the property. PROPOSED DEVELOPMENT 2. Request: The owner is seeking to develop a single-family resort dwelling and accessory caretaker's quarters, tennis court and open air pavilion. Although only two dwelling units are presently proposed for the property, the applicant is seeking a zoning designation which would permit up to four resort -residential dwelling units on the ten acre parcel. Four units or lots would be the maximum number that could be accommodated under the water agreement with Waikoloa Resort Utilities. 3. Objectives: "The applicant proposes the following improvements: (1) a 12,000 square foot single-family dwelling, consisting of ten bedrooms, seven bathrooms, a kitchen, dining room, living Croom, storage and utility rooms, spa, pool, sundeck and lanais (main dwelling). The three children's bedroom units will be connected to the living area and master suite by covered walkway; (2) caretaker's quarters to be located on the eastern corner of the property to include two bedrooms, 2 baths, a kitchen, a living room storage area, lanai and garage' (3) tennis court and tennis pavilion along the southern boundary of the property; (4) a paved driveway extending off of the existing private 'Anaeo'omalu Beach Park access road to provide access to the caretaker's quarters and main dwelling; (5) individual wastewater treatment system for the proposed caretaker's quarters and main dwelling meeting the requirements of the State Department of Health; and (6) landscaping, including lava Attachment to C-77/Bill 27 rock wall that will encircle the entire main dwelling. " 4. "The architectural design of the main dwelling will blend with the existing architectural design of the Waikoloa Beach Resort complex. Both the main dwelling and caretaker's quarters will emphasize indigenous materials, subtle colors and minimal site grading to blend with the existing contours and natural beauty of the area. In order to maintain open space, the applicant proposes to landscape the mauka boundary of the project site to buffer views from the highway and scenic vantage points. In addition, construction will not occur within the 40 -foot shoreline setback area. " 5. Additional Information: The applicant has submitted the following in support of the request: (See Exhibit A - Applicant's Change of Zone Application) STATE AND COUNTY PLANS 6. SLUC: Urban. 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the area as Resort. 8. General Plan Consistency: Economic, Housing, Environmental Quality, Resort and Land Use elements, goals and policies 9. County Zoning: The property is currently zoned Open (0). 10. SMA: The property is situated within the Special Management Area. An SMA Use Permit will be submitted by the applicant prior to construction of the proposed development on the project site. 11. Property: The property site is immediately adjacent to the Waikoloa Beach Resort Complex. 12. U.S.D.A. Soil Type: The soils within the project area is Pahoehoe Lava Flows, which has no soil covering and is typically bare of vegetation. 13. ALISH: The property is unclassified. 14. Flora/Fauna Resources: There are no known rare or endangered plant life on the property or in its immediate vicinity. A preliminary inventory of the aquatic resources of two anchialine ponds was conducted by Richard E. Brock, Ph.D. in -2- a March, 1996. The survey revealed no unusual anchialine species in either ponds and that all species encountered are common in the West Hawaii anchialine biotope. 15. Archaeological Resources: In 1996, an addendum archaeological survey was conducted on the subject property by Paul H. Rosendahl Inc. Two sites of Hawaiian petroglyphs, a small, modified anchialine pond and a larger, modified b -lobed anchialine pond were identified as significant for their informational content and should be preserved. An archaeological preservation plan will be submitted prior to any land altering activity or development. 16. FIRM: The property is immediately adjacent to the shoreline is located in the Flood Zone VE -8. A strip of immediately inland is designated AE -7. The remaining two- thirds of the property is located in Zone X, outside of the 500 -year flood plain. 17. Surrounding Zoning/Land Uses: The subject property is bordered by the Wailokoa Beach Resort to the north and west; to the east are lands zoned Open and Hotel (V-1.25). PUBLIC FACILITIES AND SERVICES 18. Access: Access to the site is off the Queen Kaahumanu Highway via a private road off of Waikoloa Beach Drive. 19. Water: Water is currently available to support the project from an agreement with the Waikoloa Resort Utilities, Inc. 20. Wastewater: Wastewater generated by the proposed development will be collected, treated and disposed of by a wastewater treatment system. which meets all of the State Department of Health standards for a private wastewater treatment system. 21. Utilities: Electrical and telephone service are available to the property. 22. Protective Services: Police protection is provided from its Waimea stations. Fire Protection is provided from the Kohala Coast Fire Station. Emergency medical and paramedical services are also provided by the Hawaii County Fire Department. AGENCIES COMMENTS 23. Fire Department: (See Exhibit B - October 10, 19% letter) 24. Department of Health: (See Exhibit C - October 14, 1996 letter) 25. Department of Water Supply (October 3, 1996 letter) -3- "We have reviewed the subject application for the proposed change of zone. "For your information, the water system in the area is privately owned and operated by the Waikoloa Water Company. "The Waikoloa Water Company should be consulted for water concerns." 26:. Real Property Tax Office ( October 10, 1996 Memo): "There are no comments at this time. "Current Real Property taxes are paid up to December 31, 1996." 27. Police Department ( October 11, 1996 Memo): "We have reviewed the above application for a change of zone and do not believe there will be any adverse traffic or safety conditions should this request be granted. 28. Department of Land and Natural Resource State Historic Preservation Division (October 17, 1996 Memo): "Paul H. Rosendahl, Inc. (PHRI) conducted a supplemental archaeological inventory survey of the subject area in May 1996 after a field check disclosed the presence of additional sites that had not been recorded during the original survey. A report on this supplemental survey, which identified 4 significant sites, is currently being revised. All 4 sites, which include two anchialine ponds, will be preserved. We have asked for additional research on both ponds to determine whether or not they are culturally significant to Native Hawaiians. Before any land alteration can begin the applicant needs to submit a report on the anchialine pond research and a Preservation Plan. We believe that the proposed construction will have "no adverse effect" on historic sites once the Preservation Plan is approved." Department of Land and Natural Resource State Historic Preservation Division: (See Exhibit D - October 23, 1996 Memo) Applicant's Response. (See Exhibit E - November 6, 19% Memo) 29. Department of Land and Natural Resources Land Division - Na Ala Hele Hawaii Trail & Access System (October 28, 19% Memo): "The trail identified in the archaeological report (Barrera:50-HA-E1-239) connecting the Ala Loa (Kiholo-Puako trail) with the coastline at Anaehoomalu has been inventoried by Na Ala Hele staff and may be claimed in fee by the State of Hawaii under the 1892 Highways Act (Chapter 264, H.R.S.) as a public access trail. -4- a "Until this determination is made, it would be unwise to grade or erect any permanent structure which would block public access." 30. Department of Land and Natural Resources: (See Exhibit F - October 29, 1996 Memo) Applicant's Response: (See Exhibit G - November 20, 1996 letter) 31. Department of Transportation (October 10, 1996 letter): "Thank you for your transmittal of September 25, 1996. "The proposed zone change is not anticipated to have an adverse impact on our State transportation facilities. "We appreciate the opportunity to provide comments." 32. Department of Public Works: (See Exhibit H - November 19, 1996 Memo) AGENCIES - NO RESPONSE 33. Land Use Commission and Natural Resources Conservation Service. PUBLIC COMMENTS 34. The Department has not received any comments or objections from the general public or adjacent landowners. -5- SANDRA PEC=R SCHU M ATTORNEY AT LAW 101 Aupuni Street, Suite 1014A Hilo, Hawaii 96720 Telephone: (808) 969-7331 Fax: (808) 934-9819 November 12, 1996 Ms. Virginia Goldstein Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Application for Change of Zone Applicant: John W. Hoffee, II `Anaeho'omalu, South Kohala, Hawaii Tax Man Kgy No.: (3)6-9-007.015 Dear Ms. Goldstein: A This letter is to confirm that applicant John W. Hoffee, II is seeking a change of zone for the above -referenced 10 -acre parcel of land from Open (0) to Resort -Hotel with a maximum density of 2 acres per unit (V -2a). Any reference to V-100 in Mr. Hoffee's application should be replaced with V -2a. Should you have any questions, please do not hesitate to contact me. Thank you for your consideration. SPS:KYL xc: John Hoffee, II SANDRA PECHTERSCHUTTE Exhibit A I' CHANGE OF ZONE APPLICATION ' Applicant: John W. Hoffee, II TMK:(3) 6-9-007:15 'Anaeho'omalu District of South Kohala, Island, County and State of Hawaii SUPPORTING DOCUMENT I. GENERAL BACKGROUND A. Applicant's Interest in the Property. Applicant John W. Hoffee, II is the Trustee of the John W. Hoffee II Declaration of Trust dated April 5, 1993, owner of the property for which the change of zone application is being sought. B. Change of Zone Requested. The applicant is seeking a change of zone for the 10 acre parcel of land to be rezoned from Open (0) to Resort -Hotel (V-100). C. Location and Legal Description of the Property. The project site, containing an area of approximately 10 acres, is situated along the western coast of the island of Hawaii, at 'Anaeho'omalu, South Kohala, Island, County and State of Hawaii. (See location map, Exhibit 1). The shoreline parcel is located immediately south and adjacent to the Waikoloa Beach Resort complex, and is more particularly identified as Tax Map Key parcel (3) 6-9-007:015. (See tax map, Exhibit 2). In addition, the project site's southern boundary runs along the southern boundary of the South Kohala District where it abuts the North Kona district. The project site is also commonly known as the Parker Ranch recreational area. A metes and bounds description of the area sought to be rezoned is attached hereto as Exhibit 3. D. Proposed Development and Reasons for Requesting Change of Zone. The applicant is seeking the rezoning of the subject property in order to develop a single-family resort dwelling, and accessory caretaker's quarters, tennis court and open air pavilion. Although only two dwelling units are presently proposed for the property, the applicant is seeking a zoning designation which would permit up to four resort -residential dwelling units on the ten acre parcel. Four such units or lots would be the maximum number that could be accommodated under the water agreement with Waikoloa Resort Utilities, Inc., as further explained below. The subject property was previously used as a private beach and campsite for Parker Ranch employees, also known as the Parker Ranch recreational area. The existing recreational pavilion is located approximately 400 feet inland of the beach, and lies adjacent to the south side of the large anchialine pond. The wooden pavilion is approximately 1,156 square foot in area with two bathrooms, a food preparation area, a locked storage facility and !J a recreational area. A 1,714 square foot cedar deck with built-in seats and railing encircles the pavilion. The cesspool is located behind the pavilion to the south and a solar collector unit has also been installed. Although the pavilion was allowed to be constructed under SMA Use Permit No. 37 issued in 1977 as an open air pavilion, the previous owner installed walls and windows between the covered recreational area and the open deck. Access to the existing pavilion is provided by a 50 feet by 125 feet graded corridor along the northern boundary of the project site. An eight -foot high redwood screening fence approximately 480 lineal feet in ' length is located along the northern portion of the project site approximately 350 feet from the shoreline. The fence is located along the top line of the existing six-foot high berm on a'a lava which acts to screen the large anchialine pond and pavilion from onshore and offshore winds ' and provides privacy to the area from increasing traffic along the 'Anaeho'omalu Beach Park access road. ' The applicant proposes to demolish the existing pavilion and redwood screening fence, and the cesspool will be collapsed and filled to allow for the construction of the proposed ' single-family dwelling and accessory structures. The applicant proposes the following improvements: (1) a 12,000 square foot ' single-family dwelling, consisting of ten bedrooms, seven bathrooms, a kitchen, dining room, living room, den, exercise room, storage and utility rooms, spa, pool, sundeck, and lanais (main dwelling). The three children's bedroom units will be connected to the living area and master ' suite by covered walkway; (2) caretaker's quarters to be located on the eastern corner of the property to include two bedrooms, 2 baths, a kitchen, a living room, storage area, lanai and garage; (3) tennis court and tennis pavilion along the southern boundary of the property; (4) a paved driveway extending off of the existing private `Anaeho'omalu Beach Park access road to provide access to the caretaker's quarters and main dwelling; (5) individual wastewater treatment system for the proposed caretaker's quarters and main dwelling meeting the requirements of the State Department of Health; and (6) landscaping, including lava rock wall that will encircle the entire main dwelling area. (See site plan; Exhibit 4). ' The architectural design of the main dwelling will blend with the existing architectural design of the Waikoloa Beach Resort complex. Both the main dwelling and ' caretaker's quarters will emphasize indigenous materials, subtle colors and minimal site grading to blend with the existing contours and natural beauty of the area. In order to maintain open space, the applicant proposes to landscape the mauka boundary of the project 1 site to buffer views from the highway and scenic vantage points. In addition, construction will not occur within the 40 -foot shoreline setback area. ' The archaeological inventory survey by Paul H. Rosendahl, Ph.D., in May, 1996, determined that the two anchialine ponds located on the project site were significant and '-2- I recommended that the sites be preserved as is. An archaeological preservation plan will be submitted to DLNR-State Historic Preservation Division prior to any land altering activity or development on the project site. No clearing of the existing flora surrounding the larger anchialine pond is proposed. E. Technical Data Regarding the Property 1. Site Characteristics. The project site is situated along the western coast of the island of Hawaii, at `Anaeho'omalu, District of South Kohala, Island, County, and State of Hawaii. The shoreline parcel is located immediately south and adjacent to the Waikoloa Beach Resort, Phase I. The property slopes down to the ocean shoreline where it is bordered by Anaeho'omalu Bay. The elevation ranges from 15 feet along the mauka boundary, down to mean sea level at the shoreline. The portion of the property where the existing recreational pavilion is located has been previously bulldozed and graded and is relatively flat. IThe soils on the property are classified by the United States Department of Agriculture, Soil Conservation Service, Soil Survey Report as Pahoehoe lava flows (rLW). This classification is a miscellaneous land type.. The lava has a billowy, glassy surface that is relative smooth; however, in some areas, the surface is rough and broken. Pahoehoe lava has no soil covering and is typically bare of vegetation except for mosses and lichens. The Land Study Bureau classifies the soil within the project site as ' "E" or "Very Poorly Suited" to agricultural productivity, and the State Department of Agriculture's Land of Importance to the State of Hawaii (ALISH), which lists all of the land in Hawaii with agricultural significance does not classify the area as being either "Prime" or "Unique Agricultural Land." The project site receives an average of ten inches of rainfall annually. The project site abuts the Pacific Ocean and `Anaeho'omalu Bay to the west, open ' (0) zoned districts to north and south, and Hotel (V-1.25) zoned district to the east. The property also lies within the County's delineated Special Management Area (SMA) and an SMA Use Permit will be submitted prior to construction of the proposed development on the project site. 2. Flooding and Tsunami Inundation. The Flood Insurance Rate Maps ("FIRM") prepared by the U.S. Army Corps of Engineers designates the area of the property immediately adjacent to the shoreline as being in Flood Zone VE -8 or a tsunami zone, with the base flood elevation of eight feet above mean sea level. This designation means that the fust floor of any habitable structures within the area must be elevated to a height of eight feet -3- above mean sea level. A strip, immediately inland is designated AE -7 or an area designated as being within the 100 year flood plain, with a base flood elevation of seven feet above mean sea level. The remaining inland two-thirds of the property is designated as being within Zone X on the FIRM, or a location that is outside of any flood prone area. 3. Elm. Vegetation throughout the project site include kiawe, coconut (Cocos nucifera), naupaka (Scaevola taccada), pandanus or hala (Pandanus tectorius), noni (Morinda citrifolia), pickleweed (Batis martima) and sedge or `ahu'awa (Mariscus javanicus) There are no known rare or endangered plant life on the project site or in the immediate vicinity of the property. 4. Fauna. A preliminary inventory of the aquatic resources of the two anchialine ponds was conducted by Richard E. Brock, Ph.D. in March, 1996. The inventory of the larger anchialine pond (site 1) revealed the dominance of the introduced tilapia (Tilapia mossambica) and presence of aholehole (Kuhlia sandvicensis), black crab (Metapograpsus messor), dragonfly nymphs (family Odonata, probably Anax spp.), and ubiquituous brackish water snail (Melania sp.). Species present in the smaller anchialine pond (site 2) included the cyano -bacterial (blue-green) mat (Schizothrix coricola), opae'ula (Halocaridinia rubra), the small reddish amphipod (unidentified Amphipoda) and alpheid shrimp (Metabetaeus lohena). The inventory revealed that no unusual anchialine species were found in either ponds and that all of species encountered are common in the West Hawaii anchialine biotope. To insure that the aquatic resources of the two anchialine ponds located on the project site are adequately protected, an anchialine pool management plan has been developed by Dr. Brock. (See Anchialine Pool Management Plan, dated May, 1995, prepared by Richard E. Brock, Ph.D., Exhibit 5.) 5. Volcanic Inundation. The project site is within Lava Hazard Flow Zone 3, on the U.S. Department of the Interior Geological Survey map. Zone 3 areas include the lower slopes of Mauna Loa and during the past 750 years, lava flows have covered about 15-20% of the area. 6. Historical/Archaeological Resources. An addendum archaeological inventory survey prepared by Paul H. Rosendahl, Ph.D. was conducted on the project site to provide additional information required by DLNR-State Historic Preservation Division after a re-examination of the project site in December, 1995. (See DLNR-SHPD letter dated February 2, 1996, Exhibit 6). Of the four previously unrecorded sites within the project site, two petroglyphs sites (Sites 20760 and 20763) and a small, modified anchialine pond (Site 20761) located along the northern boundary of the project site were identified as significant for their informational content and as good examples of their types and should be preserve as it. The larger, modified bi-lobed anchialine pond located adjacent to the existing recreational pavilion (Site 20762) was identified as significant for its informational content, and possibly, for its cultural content and should be preserved as it; final assessment pending further data collection. In addition, Site 14215 was judged to be no longer significant as no burials were -4- 1 n Ifound. (See Addendum Archaeological Inventory Survey, Waikoloa Beach Resort, Adjacent Coastal Parcels, dated May, 1996, prepared by Paul H. Rosendahl, Ph.D., Exhibit 7). A previous undated archaeological/historical sites survey conducted by Cedar Homes of Hawaii --Hawaii described a footpath that skirts the south end of the bi-lobed ' anchialine pond which continues east across the a'a flow. This trail was also identified by William Barrera in 1971 as "This trail led from the small pond S of Kuuali'i Fishpond into the district of North Kona through an area of extremely rough, sharp pahoehoe. It was not ' marked by coral or cairns, but was deeply wom into the lava." (See Archaeological/Historical Site Survey, prepared by Cedar Homes, Inc., Exhibit 8). ' The applicant proposes to submit to DLNR-State Historic Preservation Division an archaeological preservation plan prior to any land altering activity or development on the project site. 7. Ate• Access to the project site is provided by means of a private improved road off of Waikoloa Beach Drive, known as the `Anaeho'omalu Beach Park access road. The property is provided with an access easement along this private road by a perpetual recorded easement. This access road also provides pedestrians with shoreline access into r`Anaeho'omalu Beach Park. There is adequate sight distance for vehicles entering and exiting the project site. Queen Kaabumanu Highway, a State owned roadway, is located approximately 3/4 mile mauka or inland of the property. 8. Sewage Disposal. The existing cesspool located behind the recreational pavilion will be collapsed and filled. The applicant proposes to construct a new individual wastewater treatment system for the proposed single-family resort dwelling and caretaker's quarters which meet the requirements of the State Department of Health. Plans and specifications will be submitted to the State Department of Health for approval prior to the construction of this new system. 9. Water Service. Existing water to the parcel is provided under a private water agreement. The Trustees of the Richard Smart Revocable Personal Trust dba Parker Ranch ("Smart Trust") and the applicant, John W. Hoffee, II, as Trustee of the John W. Hoffee II Declaration of Trust Dated April 5, 1993, entered into an Assignment of Agreement for Sale of Water, dated October 18, 1995. The Smart Trust conveyed all of its right, title and interest in and to the Agreement for the Sale of Water ("Agreement") for the distribution of water to the subject property by the Waikoloa Resort Utilities, Inc. ("WRU"). Under the terms of the Agreement, WRU would initially distribute a maximum of 30,000 gallons of water per month, to be increased to an amount not to exceed 90,000 gallons per month in order to serve a maximum of four single family dwelling units and auxiliary uses (i.e., irrigation and landscaping). The Agreement is effective for an initial term of five year and will be automatically renewed year to year thereafter. (See Assignment of Agreement for the Sale of Water; Exhibit "A", Exhibit 9). -5- I '1 I I I I r 10. Electrical and Telephone Service. Electrical and telephone services are presently provided to the existing recreational pavilion. Such services will be available to the proposed project. 11. Public Services. Police protection service is available in Kamuela, approximately 18 mileg away from the project site. A fire station, providing service in the vicinity of the project site, is located along the Queen Kaahumanu Highway approximately six miles away from the subject property. II. CONSISTENCY WITH THE GENERAL PLAN. A. LUPAG Map Designation. The property is situated along the edge of an area designated as 'Resort" on the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. Such a designation allows for development that blends with the social, economic and physical environment. The project site is located adjacent to the Waikoloa Beach Resort complex. The requested change of zone is consistent with the goals, policies and land use pattern expressed in the general plan as the architectural design of the main dwelling will blend with the existing architectural design of the Waikoloa Beach Resort complex. B. Goals, Policies and Standards. The requested change of zone would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan. The applicable goals, policies and standards are as follows: . Goal: Maintain and, if feasible, improve the existing environmental quality of the island. Policy: The County of Hawaii shall take positive action to further maintain the quality of the environment for residents both in the present and in the future. Standard: Federal and State environmental regulations shall be adhered to. Discussion: The proposed project fulfills these goals and policies in the following manner: a shoreline certification of the property was obtained on January 29, 1996; no construction will occur within the 40 -foot shoreline setback area; an archaeological preservation plan will be submitted to DLNR-State Historic Preservation Division prior to any land altering activity or development on the project site; and to insure that the aquatic resources of the two anchialine 10 1° ponds located on the project site are adequately protected, an anchialine pool management plan has been developed by Dr. Brock. ' Goal: Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. Policy: The County of Hawaii shall require both public and private developers of land to provide a historical survey prior to the clearing or development of land when there are indications that the land under consideration has historical significance. Standard: The evaluation of the importance of specific historic sites is necessary for future action. The following standards establish a framework for evaluating sites. Sites of traditional and cultural significance. Discussion: An addendum archaeological inventory survey conducted by Paul H. Rosendahl, Ph.D. on the project site identified four new sites as significant. In addition, the applicant proposes to submit to DLNR-State Historic Preservation Division an archaeological preservation plan prior to any land altering activity or development on the project site. Therefore, the proposed change of zone would not be inconsistent with the goal of protecting and enhancing significant historical sites. Natural Resources and Shoreline Goals: Protect and conserve the natural resources of the County of Hawaii from undue exploitation, encroachment and damage. Protect and effectively manage Hawaii's open space, watersheds, and natural areas. rEnsure that alterations to existing land forms and vegetation, except crops, and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of earthquake. Policies: The County of Hawaii should require users of natural resources to conduct their activities in a manner that avoids or minimizes adverse effects on the environment. 1 �I 71 The shoreline of the island of Hawaii shall be maintained for recreational, educational, and/or scientific uses, in a manner that is protective of resources and is of the maximum benefit to the general public. The shoreline shall be protected from the encroachment of man-made improvements and structures. The County shall encourage an overall conservation ethic in the use of Hawaii's resources by protecting, preserving, and conserving the critical and significant natural resources of the County of Hawaii. Standard: The following shall be considered for the protection and conservation of natural resources: Areas necessary for the protection and propagation of specified endangered native wildlife, and conservation for natural ecosystems of endemic plants, fish and wildlife. Discussion: The implementation of an archaeological preservation plan and anchialine pool ' management plan will help to protect the natural and cultural resources, as recommended by the goals, policies and standard of this General Plan element. A certified shoreline survey has ' been prepared for the property, and no improvements are proposed within the 40 -foot setback area mauka of the shoreline. Thus, the shoreline will be protected from the encroachment of man-made improvements and structures. Land Use -General Goal: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Policy: Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Standard: 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. Discussion: The requested change of zone will maintain the present resort environment of the Waikola Beach Resort complex which is located immediately north and adjacent to the project site. Access to the project site is provided by means of a private improved road off of `Anaeho'omalu Beach Park access road. Public services and utilities are presently available in the area. Thus, the proposed development is consistent with this standard. 1 -8- I In ' Land Use - Resort I I I I I I I A i I I I I r J Goals: Provide for resort development that maximizes convenience to its users and optimizes the benefits derived by the residents of the County. Ensure that resort developments maintain the social, economic, and physical environments of Hawaii and its people. Policies: The County may impose incremental and conditional zoning which would be based on performance requirements. Zoning of resort areas shall be granted when the proposed development is consistent with and incorporates the stated goals, policies and standards of the General Plan. The County shall designate and allocate future resort areas in appropriate proportions and in keeping with the social, economic, and physical environments of the County. The County shall evaluate resort areas and the areas surrounding existing resorts to insure that viable quality resorts are developed and that the surrounding area contributes to the quality, ambience and character of the existing resorts. Discussion: The low density resort use proposed for the property, which is at the edge of the Waikoloa resort area, will provide a good transition between the intensive hotel -resort use immediately north of the property and the conservation district immediately south of the property. The proposed development will essentially utilize the utilities and roads that were previously installed to service this property, along with the other parcels in the Waikoloa Resort area. The high quality of the improvements proposed will also maintain the ambience and upscale character of the Waikoloa Resort area. Thus, the proposed development is consistent with the General Plan Land Use Resort goals and policies. A location map and site plan are attached as Exhibits 1 and 4 respectively, to this application. A full-size copy of the site plan (2'X 3') is also being submitted in conjunction with this application. u : ►l► 1►I► ►&iej 0 1 r 9 LIJIMII 13§4 "to) A metes and bounds description of the applicant's property involved in this change of zone application is attached to this application as Exhibit 3. Stephen K. Yamaahiro Mayor October 10, 1996 l9uunfV of ('pattfunii FIRE DEPARTMENT 777 Kilauea Avenue • Mall Lane, Room 6 • Hilo, Hawaii %720.9239 (808) 961-8297 . Fax (808) 961-8296 To: Virginia Goldstein, Planning Director From: Nelson M. Tsuji, Fire Chief SUBJECT: CHANGE OF ZONE APPLICATION (REZ 96-25) APPLICANT: JOHN W. HOFFEE, II REQUEST: OPEN (0) TO HOTEL -RESORT (V-100) TAX MAP KEY: 6-9-7:15 Nelson tv Tsui Fim Chief Edward Bumah Deputy Fin Chief The Fire Department's requirements as stated in the Fire Code are: "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. 11(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. 112. 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). EXHIBIT ek0 To: Virginia Goldstein, Planning Director Page 2 October 10, 1996 113. 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. To: Virginia Goldstein, Planning Director Page 3 October 10, 1996 "(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%) "(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. 11(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." "INSTALLATION AND MAINTENANCE OF FIRE -PROTECTION, LIFE -SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (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. To: Virginia Goldstein, Planning Director Page 4 October 10, 1996 "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived.,' NELSON_ " Fire Chief NMT/mo • 0I y. . BENJAMIN J. CAYETAKO ' GOVERIi R , STATE OF HAWAII DEPARTMENT OF HEALTH P.O. Box 916 HILO, HAWAII 96721-0916 DATE: October 14, 1996 TO: Planning Director, County of Hawaii FROM: Chief Sanitarian, Hawaii District SUBJECT: Change of Zone Application (REZ 96-25) Applicant: John W. Hoffee, II Request: Open (0) to Hotel -Resort (V-100) Tax Map Key: 6-9-7:15 LAWRENCE MITRE DIRECTORO HEALTH Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The applicant should contact the Army Corps of Engineers (COE) to identify whether a Federal permit (including a Department of Army (DA) permit) is required for this project. A Section 401 Water Quality Certification (WQC) is required for "Any 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... 11, pursuant to Section 401(a)(1) of the Federal Water Pollution Act (commonly known as the "Clean water Act (CWA)"). If the project involves the following activities with discharges into State waters, an NPDES general permit is required for each activity: a. Discharge of storm water runoff associated with construction activities, including clearing, grading, and excavation that result in the disturbance of equal to or greater than five (5) acres of total land area; b. Construction dewatering effluent; C. Non -contact cooling water; EXHIBIT 'C" Planning Director County of Hawaii October 14, 1996 Page 2 d. Hydrotesting water; and e. Treated contaminated groundwater from underground storage tank remedial activity. The application for NPDES general permit coverage should be submitted to the Director at least 30 days prior to the discharge to State waters. If there is any type of process wastewater discharge from the facility into State waters, the applicant may be required to apply for an Individual NPDES permit. The application for an Individual NPDES permit should be submitted to the Director at least 180 days prior to the discharge of process wastewater to State waters. Should you have any further questions regarding this matter, please contact the Engineering Section of the Clean Water Branch in Honolulu at (808) 586-4309. The subject proposal is located within a critical wastewater disposal area. Septic systems may be utilized provided the total wastewater flow for the entire project does not exceed 15,000 gallons per day. Proposed wastewater design plans would need to be submitted to our Wastewater Branch (Ph. 586-4294) in Honolulu. 44-//L'� AARON UENO Chief Sanitarian, Hawaii District WP5I:REZ96-25.mi seA•AAw .. CA.nMa ...� eevem" or "AwM ,•••� b, STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATt HIsTORAC RIE SERVATION OMSMH 33 October 23, 1996 HONOLV1U KAWAN owia�R Dr. Paul Rosendahl PHRI 204 Waianuenue Avenue Hilo, Hawaii 96720 Dear Dr. Rosendahl; a.wa wro tri "rum iNSIiwsu I e OOV" GUMT COLIM&MAMM AOUMM.TMO 69V60AMUn moon" A*""f MSGUKU COMSMA" MAMO MVMOMMOITAL NFAMS COMSOIVAMM AMO MSetmiz awAcaOK C0NVEVAke18 F MF MT AND VAMFc mrFa eMCEtAvAnoM &"NOR eA M MANAOOADO {TATS MAKS WATVk ANO VNO OrMOFMOCT LOG NO: 18331 ✓ DOC NO: 961OPM20 SUBJECT: PHRI Report 1713-041096. "Addendum Archaeological Inventory Survey Waikoloa Beach Resort Adjacent Coastal Parcels" (Halpern and Rosendahl 1996) Anaehoomalu and Puuanahulu, South Kohala and North Kona, Hawaii Island Thank you for your letter of October 15, 1996, and the one bound copy of the revised report for our final approval. The present report has satisfactorily responded to the comments in our review letters of September 10 and 24, 1996, and now meets with our approval. Five historic sites are present in the project area. We now are in agreement on site significance. Three sites were originally evaluated as significant solely for their information content, but one of these ( Site 14215) is now regarded as "no longer significant" because a reasonable and adequate amount of its information was recorded in the survey and it is unlikely that further investigations would produce new and significant information. Two other sites (20761 and 20762) are anchialine ponds. The larger of the two, Site 20761, is evaluated as significant under Criterion C and both ponds are significant for their information content (Criterion D) and are potentially significant under Criterion E if further research indicates that they are traditional cultural places. There are thus four significant sites in the project area. We also agree with your proposed mitigation treatments for the four significant sites. Both anchialine ponds will be preserved, with further data collection undertaken and preservation "as is" with no planned interpretive development. The other two sites (20760 EXHIBIT C�Q�.�..�- ' - 41996 �El.�i,,.. i i L Dr. Paul Rosendahl Page Two and 20763) are petroglyphs that will also be preserved "as is." In sum, all four significant sites will be preserved. With this mitigation commitment, we believe that development in the project area will have "no adverse effect" on these sites. As the report notes, the next step in the historic preservation process is the preparation of a preservation plan for these four sites. This plan should have the additional work at the ponds as an initia! phase or prior work. We will await receiving the plan at a future date. Would you please see that Marc Smith receives a copy of this report for our Hilo office library. Thanks. Aloha, H BARD, Administrator State Historic Preservation Division PM: jk H R —_ Paul H. Rosendahl, Ph.D., Inc. 1_,cha_eoioie�• Historical Cultural Resource Management Studies & Services 206 Walanuanun Ava„w H6o, Hawaft 96720 • (608) 969-1753 • FAX (909) 9614998 Y.O. boa 2!309 • G.M.F.. Guam 96921 • (671) 472.3117' • PAX (671)672.3191 Memo 1713-110696 MEMORANDUM TO Ross H. Cordy, Ph.D., Chief Archaeologist State Historic Preservation Division Department of Land and Natural Resources 33 South King Street, 6th Floor Honolulu, Hawaii 96813 FROM: Paul H. Rosendahl, Ph.D. President and Principa l Archaeologist November 6, 1996 SUBJECT: Change of Zone Application (REZ 96-25) (Hawaii County) Applicant: John W. Hoffee, II Request: Open (0) to Hotel -Resort (V-100) TMK:3-6-9-7:15 Based on our telephone conversation of this afternoon, it is my under- standing that, with respect to the above subject application, the recommen- dations of the State Historic Preservation Division (SHPD) as contained in the Memorandum of 17 October 1996 (from D. Hibbard, Administrator, to D. Uchida, Administrator, Land Division) (copy attached) should be clari- fied to indicate the following: 1. Prior to any land alteration, an appropriate Preservation Plan (with site buffers) should be submitted and approved. This plan would provide for the continued physical protec- tion of the four sites (including two anchialine ponds) for which preservation "as is" (i.e., without any interpretive development) was the previously approved form of mitigation treatment; and 2. Land alteration could begin prior to submission and approval of the report on the requested additional research into the potential cultural significance to Native Hawaiians of the two anchialine ponds that are being preserved "as is"; how- ever, this report. should be completed and submitted in a timely fashion. I trust that the above points accurately summarize our mutual under- standing and agreement. If you have any questions or comments, please call me at my Hilo office (808/969-1763). Thank you for your assistance. cc: Virginia Goldstein, Director Post -it" Fax Note 7671 Hawaii County Planning Department To' oI �" EXHI w. Sandra Schutte, Attorney -at -Law E Phana 6 r -3J '.3 /-d c: Hawaii Board Member Aloha, 4 MICHAEL D. WILSON EXHIBIT u'-04 Y BENJAMIN J CAYETANO - N.', MICHAEL D. WILSON COvCRNOR OF HAWAII CHAIRPERSON � � [OMD Or LAMAAO NATIMAL R[bURCO OeRVfY • ..... GU-BEnT B. CQLC4A 1-Au,MnN STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES PA. BOX 621 - ANVAC•VL TVNC DCVELORMENT PROORAM HONOLULU, HAWAII 96800 ADwnD REwNRCIS EOATINO AND OCEAN Re CREATNYI CQNSERVATIOH AND ' October 29, 1996 [NVIRONNFNTA, AFFAIRS LONSERVATIO,IAND AEAOIIRCe i ENv.n<EMYnI CONVEYANCER FORESTRY AND WILDLIFE HISTORIC PRESERVATION LD-NAV LAND MANAGFMFMT ht'ir : CUHAGC 5 6 2 5 . kCU STATE PARRS WATFR ANO IAND DEVEI OPMLNI wAI RN nasaUll,;A MANA-AFF", Honorable Virginia Goldstein �T 'tO Planning Director County of Hawaii Planning Department CF'cp 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Ms. Goldstein: zY SUBJECT: Review of Application for Zone Change (REZ 96-25 i Open (0) to Hotel-Resort (V-100) Applicant: John W. Hoffee, II South Kaloko, Island Hawaii TMK: 6-9-7: 15 _ Thank you for the opportunity to review the subject Application for Zone Change from Open (0) to Hotel-Resort (V-100) Transmitted herewith for your appropriate action are copies of our Aquatic Resources, Natural Area Reserves System Commission, Hawaii District Land Office, Na Ala Hele Hawaii Trail and Access System and State Historic Preservation Division's comments on the subject matter. Should you have any questions, please contact Nick Vaccaro of the Land Division at 1-808-587-0438. c: Hawaii Board Member Aloha, 4 MICHAEL D. WILSON EXHIBIT u'-04 Suspense Date:_ .;ober 23, 1996 STNTE OF HAWAII DEPARTMENT O_' LAND AND NATURAL RESOURCES Division of Aquatic Resources Honolulu, Hawaii MEMORANDUM TO: William Devick, Acting Administrator From: Richard Sixberry, Aquatic Biologist Subject: Comments on Zone Change Comments Requested By: Dean Uchida, Land Division Date of Request: 10/9/96 Date Received: 10/10/96 SUmmary o£ Project Title: Open to Hotel -Resort - Single Family Residence? Proj. John W. Hoffee, II Location: Anaeholomalu, S. Rohala, Hawaii Brief Descriptions The applicant seeks a.change in zoning from open to Hotel -Resort on a shoreline parcel abutting the existing Waikaloa [resort. The proposed development would be a single-family resort dwelling with associated amenities. The property was formerly a private beach and campsite for Parker Ranch employees. Two anchialine ponds are on the site and a management plan for their preservation as been provided by the applicants consultant, Dr. Richard Brock. comments: We have no objections to the zone change and we do not expect any significant impact adverse to aquatic resource values from constructing the single family resort residence. However, we recommend that the anchialine pond management plan be conditioned as part of the permit process to assure protection of the ponds. Traditional and historic public access to the shoreline should be maintained. Finally, precautions should be taken to prevent construction material, debris, petroleum products, chemicals and other potential contaminants from entering the anchialine ponds or coastal waters. Aar^`^y +-_ 4, Ito BENJAMIN J. CATETANO "4 POVFNMOII im. �,a'.d STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES KENDALL BUILDING 953 MILILANI STABiT. SUITE 700 HONOLULU. HAWAII 98810 NATURAL AREA RESERVES SYSTEM COMMISSION While this area is not near any present or anticipated Natural Area Reserves, the area does represent some of the last relatively undeveloped dry coastal plant communities, along with associated anchialine pools. The anchialine pool management plan is quite well considered, its implementation over the long term and relationship to anticipated Rtture development is unclear. Further, if plants not native to the area are brought in for landscaping of the grounds, the chance of alien plant invasions is increased. Plants on the state's noxious weed list or other pests with known escapist tendencies should be avoided. We are concerned about the long-term cumulative impacts of development along this coastline and its impacts on the natural and cultural history of the area. Accordingly, we hope that any future development in the area will be low -impact and not on a large scale. Thank you for the opportunity to review this plan. R October 14, 1996 �z TO: Dean Uchida, Administrator, Land Division " x x. c�u TRRU: Peter Schuyler, NABS Program Manager 1 , b „T i FROM: Betsy Gagn6, NABS Commission Executive Secretary r RE: Application for Zone Change (REZ 96-25) While this area is not near any present or anticipated Natural Area Reserves, the area does represent some of the last relatively undeveloped dry coastal plant communities, along with associated anchialine pools. The anchialine pool management plan is quite well considered, its implementation over the long term and relationship to anticipated Rtture development is unclear. Further, if plants not native to the area are brought in for landscaping of the grounds, the chance of alien plant invasions is increased. Plants on the state's noxious weed list or other pests with known escapist tendencies should be avoided. We are concerned about the long-term cumulative impacts of development along this coastline and its impacts on the natural and cultural history of the area. Accordingly, we hope that any future development in the area will be low -impact and not on a large scale. Thank you for the opportunity to review this plan. OCNJAMW J. CAY9YANO OOVEANOII OF ndx Ml MEMORANDUM To: Attention: From: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES DIVISION OF LAND MANAGEMENT P.O. Bolt 976 KILO, HAWAII 967710936 October 15, 1996 Dean Uchida, Land Division Administrator Nick Vaccaro, Land Agent Lauret , Hawaii is ict Michael Acting Land Agent n A9UItVL1u&A W VROFM{NT IN00": 4OV4 IIC X[(OVAC[) COM S[11VA110N AMO INVI,IONM(NTAL AfIY11t GONYLNVe A[lOUXCls CtI 941 {NIONC[M(XT iQNVt•ANCLY OIH[r11V ARO WILOLII{ �No MIN, SrAI[ PARAS were Ana LAND UCVquoM[Nr Subject: Review of Application for Zone Change (REZ 96-25) Applicant: John W. Hoffee, 11 Request: Open (0) to Hotel -Resort (V -1o0) South Kohala, Hawaii, TMK 6-9-7: 15 From the Land Division's point of view considering State lands or programs, there are no objections to the request. However, from a purely land planning aspect, which in this case would be the County's jurisdiction, the following comments are provided: 1. This application is a good opportunity to provide for lateral public beach access via the establishment of an easement, maintained by the landowner. Also .to be considered, if public beach parking is not available or is limited, a vehicular parking area for beach users could be established. This would make it safer in that haphazard and unorganized parking would be removed from the private access road right-ot-way, and could be made safer and organized on the subject property. However, these aspects and their locations must be balanced given the existence of culturally important sites on the property. Due to the size of this "single family residential unit", it might be considered appropriate to establish as a condition a greater setback from the certified uixoreline. This would move a structural mass off of the shoreline October 15, 1996 Page 2 area., We do not have a copy of the proposed site plan to review to determine if this is already being proposed. Thank you for this opportunity to review and comment. cc: Chris Yuen, Hawaii Land Board Member ML:ml FROM : DIVISION OF FORESTRY-IJILDLIFE PHONE NO. : 1+808+9334221 NA ALA HELE Hawai7 Trail & Access System ulWu [$I MW Il lU TO: Dean Uchida, AdminLstrator, Land Division A7"rN: Nicholas A. VaCCaro FROM: -4. Rodney Oshiro, Na Ala Hele amy ..1 1 1 1 i i .1 r, 01.-1 1 1 .La a.l■ I.I Oct. 2e 19% 03:23PM P2 a October 28, 1996 The trall identified in the archaeological report (Barrwa: 50 -HA -E1-239) connecting the Ala TAm (Kiholo-Atlaka train with the coastline at Ansehoomalu has been inventoried by Na Ala Hele staff and may be claimed in fee by the State of Hawaii under the 1892 Highways Act (Chapter 2610 H.R.S) as a public access trail. Until this determination is made, it would be unwise to grade or erect any permanent structure which would block public access. owklon or Forocay a VWW@ - D&A of LOW a wmnl Aaoums • P.C. eox 109 - Hilo. Ha W7204M r. 0 AIM4A IN 1. CA.RAMO VI 00V[IOA Or NAW" MEMORANDUM i. STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION OMSION ]] SOUTH KING STREET. 0TH FLOOR HONOLULU. HAINAN 96017 October 17, 1996 MICIIAA D. WLSON. CHAIAFOMON WARD OF LAND MO MATUI AL A[SOUIIC[S O[PM GURAT COLOMA.AOA AOUMtULTUU OCMO MDIT MOGAM AO""C MOUIC[9 CGSOVATION MIO DIMWNMDITAL AFFNAS CONS[RVATION AM R[WU1C[S DIFORCDADIT CONMNANCIS FGEsM AND VALDUF[ W1101yC MI[S[AVATIG DIMSON LAND MANAODADYT STATE PAMS WATO1 AND LAND OMOFMD(T LOG NO: 18289 1,' DOC NO: 961OPM14 Paul H. Rosendahl, Inc. (PHRI) conducted a supplemental archaeological inventory survey of the subject area in May 1996 after a field check disclosed the presence of additional sites that had not been recorded during the original survey. A report on this supplemental survey, which identified 4 significant sites, is currently being revised. All 4 sites, which include two anchialine ponds, will be preserved. We have asked for additional research on both ponds to determine whether or not they are culturally significant to Native Hawaiians. Before any land alteration can begin the applicant needs to submit a report on the anchialine pond research and a Preservation Plan. We believe that the proposed construction will have a "no adverse effect" on historic sites once the Preservation Plan is approved. PM:jk cc: Virginia Goldstein, County of Hawaii Planning Department C= - TO: Dean Uchida, Administrator rA M Land Division z < M i•r.— FROM: Don Hibbard, Administrator C', z -C State Historic Preservation Division 's Ca SUBJECT: Ref. AZCH9625. COM. Change of Zone Application (REZ 96-2v X Applicant: John W. Hoffee, II Request Open (0) to Hotel -Resort (V-100) Anaehoomalu, South Kohala, Hawaii Island TMK: 6-9-7: 15 Paul H. Rosendahl, Inc. (PHRI) conducted a supplemental archaeological inventory survey of the subject area in May 1996 after a field check disclosed the presence of additional sites that had not been recorded during the original survey. A report on this supplemental survey, which identified 4 significant sites, is currently being revised. All 4 sites, which include two anchialine ponds, will be preserved. We have asked for additional research on both ponds to determine whether or not they are culturally significant to Native Hawaiians. Before any land alteration can begin the applicant needs to submit a report on the anchialine pond research and a Preservation Plan. We believe that the proposed construction will have a "no adverse effect" on historic sites once the Preservation Plan is approved. PM:jk cc: Virginia Goldstein, County of Hawaii Planning Department SANDRA PECHTER SCHUTTE ATTORNEY AT LAW 101 Aupuni Street, Suite 1014A Hilo, Hawaii 96720 Telephone: (808)969-7331 Fax: (808) 934-9819 November 20, 1996 Ms. Virginia Goldstein Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 '85 t:''JU 21 Pfd 2 21 Re: Application for Change of Zone (REZ No. 96-25) Applicant: John W. Hoffee, II Anaehoomalu. South Kohala. Hawaii. TMK: (3)6-9-007:015 Dear Ms. Goldstein: C`-�JY "- This is in response to the Department of Land and Natural Resources ("DLNR") Na Ala Hele's October 28, 1996 memorandum which requests that no there be no grading or erection of permanent structures which would block public access to a trail situated on the property involved in the subject change of zone request. My client is requesting that the suggestion by Na Ala Hele be rejected by your department in conjunction with this zoning request because there is already a public access trail in the immediate vicinity of the subject trail and the DLNR State Historic Preservation Division previously recommended that this trail is not required for preservation because there are similar types of such trails already preserved as part of the Waikoloa resort complex. The Na Ala Hele memorandum indicates that the trail is identified in an archaeological report (Barrera: 50 -HA -E1-239) as connecting the Ala Loa or Kiholo-Puako trail with the Anaehoomalu coastline. The memorandum also states that the trail has been inventoried by the Na Ala Hele staff and that the trail may be claimed in fee by the State of Hawaii under the 1892 Highways Act, HRS Section 26-4. Attached to this letter as Exhibit "A" is a copy of the notes from the Na Ala Hele site inventory of this trail conducted in October, 1994. Also included is a map showing the trail highlighted in orange, with the Ala Loa trail highlighted in yellow. It is my understanding from the Na Ala Hele staff that their inventory is based solely upon their site inspection and they have Exhibit G i1:i9() Ms. Virginia Goldstein Page 2 November 20, 1996 not conducted any historical research regarding the trail. I was also informed by the Na Ala Hele staff that the trail is of interest to this agency because it connects the Ala Loa trail with the shoreline at the South Kohala/North Kona boundary. It should be noted that the map used by Na Ala Hele shows that the trail does not follow along the boundary line between the South Kohala/North Kona districts, although it is near this boundary. The map also shows the existence of an improved road approximately 400 feet north of the subject trail, which connects the Ala Loa trail with the shoreline at Anaehoomalu Bay. This road is the shoreline public access road developed in conjunction with the Waikoloa resort. I am also attaching to this letter portions of the following documents which relate to the subject trail, with the relevant portions of each document highlighted in yellow: 1. Anaehoomalu: A Hawaiian Oasis, Preliminary Report of Salvage Research in South Kohala, Hawaii, William Barrera, Jr., June, 1971, pp. 91 and map (Exhibit "B'). 2. Archaeological Inventory Survey, Waikoloa Beach Resort, Adjacent Coastal Parcels, Paul H. Rosendahl, Ph.D, Inc., April, 1991, pp. 3, 17, 23 and A-2 (Exhibit "C'). 3. Letter from Don Hibbard, Administrator, State Historic Preservation Division, to Ken Melrose, Waikoloa Beach Resort, dated March 22, 1991 (Exhibit "D'). The 1971 and 1991 reports identify the trail in question. The Barrera report merely identifies the trail without commenting on its significance. The Rosendahl report identifies the trail as a portion of a trail complex, site no. 14196. The letter from the State Historic Preservation Division provides the following comment about this site: "One significant site, a series of small branch trails (14196) leading down to the shore from the former prehistorical main trail (the Forerunner Trail), is not recommended for preservation, because sites of similar types are preserved elsewhere in the resort area." In summary, access between the shoreline and the Ala Loa trail is already afforded to the public via the Waikoloa resort public access road. In addition, the State Historic Preservation Division has not determined that the trail is required for preservation from an historical standpoint. Based on this evidence, we are requesting no condition be included in the proposed change of zone which would require preservation of this trail. Ms. Virginia Goldstein Page 3 November 20, 1996 Thank you for your consideration in this matter. Very truly ours, SANDRA PECH Enclosures cc: Mr. John Hoffee, 11 SC E , 0 TRIP REPORT ALA LOA SECTION 1 24, 28 & 31 OCT 94 1. -Reconned section of Ala Loa in TMK 7-1-02 and 03, quad 5, east of Kapalaoa section and S & E of Keawaiki, see map. Older, (original?) Ala Loa (highlited in yellow) parallels new Ala Loa (in blue) between the S. Kohala District boundary and the 1859 'a'a flow just south of the Weliweli road and reappears on the pahoehoe SE of Keawaiki and is not visible over the 1859 pahoehoe flow in Puuwaawaa. 2. At (1) a mauka-makai trail goes to Anaehoomalu. At (2), between the old and new Ala Loa stands Ke Ahu A Lono, the boundary marker between the ahupuaa of Puuanahulu and Waikoloa and the moku of N. Kona and S. Kohala. The Waikoloa Resort has reconstructed it and installed interpretive signage. Petroglyphs. 3. There are a multitude of C shaped shelters and platforms in the area, especially in the vicinity of Ke Ahu A Lono. The old Ala Loa has been destroyed to the north of here by the development of the Waikoloa resort. 4. At (3) two mauka-makai trails go to Kapalaoa. Also in the vicinity are several ahu about 2-3 feet high and many burials. The burials continue intermittantly along the alignment of the old Ala Loa to its juncture with the new Ala Loa. At this point the new Ala Loa overlies the old and the raised walls of the new Ala Loa have partially collapsed. (see Picture) 5. At (4) the old Ala Loa is covered under the 1859 lava flow just at the point where it would have joined the Puuanahulu Uka trail. Picture. These two trails can be connected via the large diameter culverts that pass under the queen Kaahumanu highway at this point. 6. The Puuanahulu Uka trail (5) is in good shape over the 1859 flow and can be followed across the pahoehoe toward Puuanahulu because some ahu are still visible. There is a cave shelter at (6). There is reason to believe that this trail connects with the trail headed makai from Puuanahulu shown on the Puako quad of 1928. 7. At (7), between the old and new Ala Loa is a large pile of rocks which may be the boundary marker between Puuwaawaa and Puuanahulu ahupuaa. Additional remnants of the old Ala Loa are shown on the map near (7). 8. I believe the old Ala Loa may be more important to preserve for historical reasons than the new because of its association EXHIBIT A• ehoomadu Pt FiaAp.aA � IC Ilya 0 1 J4naehoomalu ,Bay Kuuelfs. '60 �y� 't- ky,. �„ .+ ��, ° '7v `':•' e. a...ti ,.� PoMkulu• TG.Al /� (i_.:" �� �•S `, l '4 ". ' - , .iG '•° ; :R•.:� Lao o Mllaw"'. ,1f. _ }lGof,al1� �•• r.. `0 55' r ° • �l'�� � \ el A. � ci„ IoM 01�s. s0U7Wso •' ' 20 ko IP D AL i Ir c. ,a�'�.. ° i ice,' 11 ♦ n �) J o� l i r _ / ) �i ".AM°{7Il' $ ;<'-r� F . i/ 1 ) !,• jit � : S•a�, ,( S`F -✓ ji / i��B�N�S q. ` '�1 l�� FPJDH 4LG .. '!j0 :U•.. ; : " •,` fir'. �. (' ��( Talp$ Weliweli i WNI 11 PY'' `.ter (F _. ,� C1 r� % . V'r.::. R �- L•.�:+�_,� —... t� '/f''�.N y %raf It 4z 40 qK f: L it S aatoaikt 41/ V. �..o" �°tj�'• `:� , �'t� �;t:�'� _may' � �.� �\\ fir' ('�'y� (( �•�� ,• /\`�` .. /.: T;\ op go�. ( e3 I L 859 • �ri 'i Qa�E1kD�_o- � 1F. \ r � (k �i�� i �� �' I -I J!' 19600o:,,.E . :.n.,e.-arose¢.: ..... 1..gale.. 19'52'30" « 1_F 5.52'30" ROAD CLASSIFICATION Primary highway, Light-duty road, hard or hard surface improved surface Secondary highway, q hard surface Unimproved road.......... d op n State Route EXHIBIT A— 1 OA D . t Paul Rosendahl ANAEH00MALU: A HAWAIIAN OASIS Preliminary Report of Salvage Research in South Kohala, Hawaii WILLIAM BARRERA, JR. Appendix A. ANAEHOOMALU--Ar.Reconstruction of Its History Dorothy B. Barrare Appendix B. Results of a Preliminary Investigation of the Anaehoomalu Petroglyphs J. Halley Cox June 1971 P A C I F I C ANTHROPOLOC I CAL R E C O R D S N 0. 1 5 Department of Anthropology Bernice Pauahi Bishop Museum Honolulu, Hawaii EXHIBIT B— (p. 17) at the Kaniku Sett: ;nt--the wall was knocked down for trail. Although the portion of trail that was cut away &.Long the bluff had been paved with w&.er-worn rocks, the detour was • not paved. 50 -HA -E1-237 • This was a very short trail cutting through an area of rough lava from one stretch of beach to another on Kaauau Point. It was well trodden and marked by large pieces of coral at frequent intervals. 50 -HA -E1-238 This trail connected the Kiholo-Puako Trail with the S and of Kuuali'i Fishpond. Its point of intersection with the Kiholo-Puako Trail was obscured by an area which had been bull- dozed, but there is little doubt that it did indeed connect at one time. It crossed smooth pahoehoe over its entire length and was worn enough (probably by horses) that it was quite • easy to follow --in a number of places it had been worn into the lava to a depth of more than 5 cm. For its entire length it was faintly discolored, making it relatively easily recognizable. 50 -HA -E1-239 This trail led from the small pond S of Kuuali'i Fishpond into the district of North Kona through an area of extremely rough, sharp pahoehoe. It was not marked by coral or cairns, 1 but was deeply worn into the lava. 50 -HA -E1-240 (Fig. 6) This was a short trail located in a ravine formed between the edge of the Kaniku Lava Flow and a hill of smooth pahoehoe. It was unmarked, but well trodden and easily visible. The presence of this trail is important because it is an indication of the amount of traffic that moved along the edge of the Kaniku Lava Flow on the smooth pahoehoe. Because of the nature of the pahoehoe, travelers were not confined to any narrowly restricted route, and a trail through the area would not be well defined. The necessity for traffic to converge at this point has provided us with valuable information concerning the movement of people through the area. _ J. SITES OUTSIDE THE STUDY AREA It would not be honest to give the impression that the sites discussed in this report are completely indicative of the archaeological situation in the Anaehoomalu area. A number of sites were observed in areas adjacent to, but outside of our survey limits, and I shall devote a few words to them. Several features were seen in the rough pahoehos immediately S of the southern boundary of our survey area, in the vicinity of the small pond to which trail SO -HA -E1-239 ran. These were, for the most part, just C -shapes, crudely walled rectangular structures, and habitation caves with little midden inside. On the E side of the small pond, almost completely hidden by the vegetation, were three or four crude house platforms; these were not well built, and midden deposits were scanty. Just behind the beach in this same area were two burial caves, one con- taining a dozen or so individuals, stacked up in a pile near the entrance, the other containing Jthe remains of a single infant in a gourd -shell container behind a small wall. Half a mile to the S was the abandoned village of Kapalaoa (see Appendix A), containing �I many large, well -made house platforms, some of which stood to a height of 2 meters or more. J To the N of the survey area along the coast a few crudely walled structures were spotted an the edge of the Kaniku Lava Flow at Honokaope Bay; these contained a fair amount of midden material. Inland of the Kiholo-Puako Trail near the Kaniku Lava Flow were a large number of C -shapes and petroglyphs. There is no doubt that this cluster represented a continuation of the cluster- ing of similar sites found on the seaward side of this same trail. They extended inland from the trail about the same distance they extended toward the ocean on the other side of the trail. _91 - EXHIBIT B-2 T- -7 rto t' AneehomWu Bay r w w i .• VIM 20-01 • '� •� ;• oZV �.+ s CAMEL" ter, ••-, t• 4 � IL 9 C O _ 1.. a�C � �.' srs �• . O at �� =1 • as. �s� EXHIBIT B-: Report 785-072390(r] PHRI �/ �� I Project �SL Archaeological Inventory Survey Waikoloa Beach Resort Adjacent Coastal Parcels Lands of Anaehoomalu and Puuanahulu South Kohala and North Kona Districts Island of Hawau (TMH:3-7-1-03:10;3-6-947:15) by Peter M. Jensen, Ph.D. Associate Senior Archaeologist Prepared for Waikoloa Development Company P.O. Boz 3028 Waikoloa, Hawaii %743 PAUL H. ROSENDAHL Ph.D. INC. Consulting Archaeologist April 1"I 305 Mohouli Street Hilo. HI 96720 PHRI Paul H. Rosendah], Ph.D., Inc. Amlu alorlea/ • MUMACd • Culaud Rwr Mu re=*W Sae do A Senlcn 305 Mobs li street • Hilo, Hawes %11a a (1111 969-110 a FAX MM 961.69% P.O. Bo:23705 • G. M. P Gn %921 a (671):123117 • mx (671)172-3131 Ix.4108:ii8tttl 785-072390[r] INTRODUCTION 3 'PROJECT, 0 AREA Akanu Kaimu t67 /. Figure 1. PROJECT AREA LOCATION MAP ARCHAEOLOGICAL INVENTORYSUR VEY WAI%OLOA BEACH RESORT ADJACENT COASTAL PARCELS Lands of Anaehoomalu and Puuanahulu South %kala and North Rona Districts, Island of Hawaii (TMR: 3-7-1-03:10; 3-6-9-07:1 S) PURI Project 90-785 August 1990 EXHIBIT waawas Point PROJECT 155•w 2p•N !\ W o Pulll LABIIIP A , LOCATION • I�I 1 Iltihnitichake Bay . Nllu Kadw How Wahab Bay Point . •oomatu' A! ` HAWAII J^j`-",......, South Point u end Naranme Rock o y • N�� Waiulua Bay 0 Ponsituokesho Q Kaauau Fit _ - N Anaahoomalu Pt FiLhOvid \ �,1 47 ' _ �ti Anashoomalu bay � Pglakulw^'� p 1000 M 1000 3000 � W o Nuala `n_ b i 'PROJECT, 0 AREA Akanu Kaimu t67 /. Figure 1. PROJECT AREA LOCATION MAP ARCHAEOLOGICAL INVENTORYSUR VEY WAI%OLOA BEACH RESORT ADJACENT COASTAL PARCELS Lands of Anaehoomalu and Puuanahulu South %kala and North Rona Districts, Island of Hawaii (TMR: 3-7-1-03:10; 3-6-9-07:1 S) PURI Project 90-785 August 1990 EXHIBIT J 7"72390(rj J J J J FINDDVGS r S 17 EXHIBIT C-: 8 g � � g a 3 N ' I 0 I 0 � FINDDVGS r S 17 EXHIBIT C-: 785-072390[r] FINDINGS 23 preserved through detailed recording. Generally, the petroglyphs fall into two major functional categories: rock - art (symbolic representations), and recreational activities (game boards.papamu). As already noted above, petroglyphs comprise only 2% of the identified formal feature types, but individual feature designations contain multiple examples; the formal type is therefore under -represented in percentage figures if individual elements were utilized for comparison with other feature types. One interesting fact concerning the figures present at 14193 is the proportionally high occurrence of human figures (in fact, nearly all of the examples are either simple linear or etched human fr gures), and the hi gh percentage of these which exhibit male genitalia. It is for this reason that a potential special purpose function(s) has been ascribed the area within which these petroglyphs are concentrated (on the bedrock surface above Feature A). Lastly, transportation through and within the project area is clearly documented by the complex of interconnected trail segments recorded as Site 14196. The primary trail segment within the project area (defined in this case as the most clearly distinguished in the field and represented by the longest individual segment) proceeds roughly north to south through the northern portion of the project area, having diverged outside (east) of the project area as a lateral of the Mamalahoa, orForerunnerTrail (Sr" Site 2) and providing access to the south end of Anaehoomalu Bay. The additional trail segments within the project area were observed to branch off westerly from this primary lateral, and all appear to have been created so as to access particulagjpcales within or close to the present project area. As can be seen from Table 1 and the discussion above, the most common feature types in the project area are small habitation aces including in particular caves and overhangs ( representing c. 20% of the features) and C -shapes (representing an additional 19%). Cairns represent approximately 15% of the total number of separately identified features, while short walls (most of which appear to be associated with or are integral components of habitation sees) represent 11%. The remaining feature types range from about 2% to 7% of the total number of features (see Table 1), although this is somewhat misleading in the case of trails which have been identified by a single site number denoting a series of intermonnectedsegments Aswell,the frguresandpercentages for petroglyphs and abrader basins reflect single designations for multiple clustered examples As noted above, Table 1 summarizes not only the percentage of occurrence of individual feature types, but also groups certain formal types into a fewer number of categories believed to be more or less equivalent in terms of function. For example, at the bottom of the second page of Table 1, habitation, habitationboundarymarkers, andstorage facilities (believed relatedto habitation activities) are grouped together (34 individual features representing c. 64% of the total, including the large platform identified at Site 14203). Features relating to habitation/boundary marking (i.e., cairns and long walls), abrader production activities, recreational and ceremonial -related functions, and transportation needs, are similarly grouped and summarized. In Figure 5, the percentages of occurrence ofyeta third grouping of functional types are displayed in bar graph form. In this figure, subsurface habitation features (caves and overhangs) have been segregated from surface habitation features (C -shapes, rectangular enclosures, etc.); these habitation -related components aro then compared with the percentage of occurrence of other formal feature types within the project area (markers, abraders, petroglyphs, possible burials, and trails). Examination of the graphic display indicates a more or less equivalent frequency of occurrence of subsurface and surface habitation features and markets, suggesting that these may represent closely interrelated behaviors. This inference receives farther support from the fact that these feature typa tend also to be the most tightly clustered geographically. Several sites/features were subjected to tat excavations and surface collections, as presented in Table 2. The data collection work was undertaken in order to further evaluate the residual information contentand research potentials at particular sites and features; this objective, in tum,requireddeterminingthepr senceand extentof portable cultural material present at specific locales, and recovering and analyzing specialized dating samples. The workyielded varying quantities of midden and artifacts, ranging from very spa= to high, as well as several radiocarbon dating sampleswhich wemsubmitted for age detemunationanalysis. The excavationworkatSite 14193hsalreadybeendiscussed, with the findings further summarized in Table 3 (for midden categories) and Table 4 (for recovered artifacts). At Sita 14195, 14198A, and 14207, the surface collation results (also summarized in Tables 2 and 3) have documented short-term use coupled with a primary reliance upon marine invertebrates for subsistence during occupation. In terms of artifactual recovery, Site 14198 yielded five indigenous artifacts, three of which represent unmodified flakes of volcanic glass, with the remaining two represented by a single scoriaceous abrader fragment and one small piece of larhala mat fragment, clearly deposited subsequent to the prehistoric period. At 14207, no indigenous artifacts were recovered, with all 49 items recovered from the surface representing recent -vintage bottle glass fragments. EXHIBIT I, ! JOHN WAIHEE WW RNOII 0, ... March 22, 1991 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC. PRESERVATION DIVISION 33 SOUTH KING STREET. STM FLOOR HONOLULU, HAWAII 964/3 Mr. Ken Melrose Director of Planning Waikoloa Beach Resort P.O. Box 3028 Waikoloa, Hawaii 96743 Dear Mr. Melrose: 8 k - 716,.x, , WILLIAM W. PATY. CHAIRPERSON ,OAIIC OT IJW4; .0 AMTL'RIL MM}.ACEE "IMITR/ KEITH W. AHUE MANASU TAGOMORI, DAN T. KOCHI A UACULTURE DEVELOPMENT PROGRAM AOIMTIC RESOUNCES CONSERVATION YID ENVINKNIMENTAL AFFAIRS CONSSRVATION AND RESOURCES ENMACEMENT CONVEYANCES FORESTRY YID WILMI,E HISTORIC IIRSERVATKIN PROGRAM MND MANAGEMENT STATE PARKS WATER RESOURCE MANAGEMENT SUBJECT: Review of Archaeological Inventory Survey (Jensen 1990. Archaeological Inventory Survey, Waikoloa Beach Resort Adjacent Coastal Parcels. Lands of 'Anaeho'omalu and Puuanahulu, South Kohala and North Kona Districts, Island of Hawaii. PHRI manuscript 785-072390.) -- White Property S Parker Ranch Properties 'Anaeho'omalu South Kohala Hawaii Thank you for your letter of January 8, 1991, submitting this report for our review. We have reviewed the report, and we believe that the survey adequately covered the project area, finding 23 historic sites. We believe that sufficient information was gathered to evaluate the significance of these sites, including an excellent review of the settlement patterns of 'Anaeho'omalu and Puuanahulu. However, some of this information is not clearly presented in the report, and in one case, some critical additional information needs to be presented. These concerns are: 1. Appendix A includes site descriptions. In many cases for the habitation sites, it is not stated whether midden/artifact deposits are present (e.g., site 14,197; 14,200; 14,205). The text of the report also does not discuss this point. It is only in a column in Table 7 (p. 44-45) where it is definitively stated whether artifacts/midden were present, and whether they were completely collected or not. This information is critical for inventory purposes and also for deciding whether further mitigation is needed or not. We recommend that Appendix A be revised to add a statement for each habitation feature on the presence/absence of artifact/midden deposits and their extent (minimal, EXHIBIT D- t r Mr. Ken Melrose March 22, 1991 Page 2 considerable). Also, we recommend that either in the methods or the significance evaluation section, it be clearly stated that midden/artifacts were tested or entirely surface collected in all situations. Note that while this is an item that only needs clarification, it is a critical one. 2. Table 3 (p. 26-28), Midden. Temporary numbers are given for the sites, preventing an easy reference to the final number. Either a key is needed, or the state numbers. Also, the species of the vertebrates should be given, or an explanation that the bones were unidentifiable. This is a minor problem that can be easily resolved. 3. Site 14,203. Critical information on this site is in a prior report (Cordy 1967. 'Anaeho'omalu's Ahupua'a Altar, Ke Ahu a Lono (HA -E1-63): An Archaeological b Archival overview. South Kohala, Hawa1'i.). That report reviewed 1867-1873 Boundary Commission testimonies on 'Anaeho'omalu and Waikoloa and the 1880 Emerson survey maps and fieldbooks. Those sources document that a small named heiau, Kliakalkalei, was on the shore and was the boundary between 'Anaeho'omalu and Puuanahulu. This heiau is on Emerson's 1880 map (Reg. Map 824). It is pointed out in the 1987 report that this named heiau corresponds with archaeological site D24-26, mapped in 1977 -- site 14,203 in this current report. While this report correctly interprets the site as a ceremonial boundary marker, clearly the additional historical information that this was a named heiau greatly adds to the significance of this site. We recommend revision of the report to correct these concerns, and we believe that this minimal work can be rapidly done. However, in the interim, we can finalize the review for this project area. We agree with the significance evaluations of the sites. Eighteen sites are considered "no longer significant• because adequate amounts of their significant information were recorded or collected in the survey. Thus. 5 significant historic sites are present in the project area, all significant under multiple criteria. EXHIBIT D Mr. Ken Melrose March 22, 1991 Page 3 Also, we agree with'the mitigation proposals. Four of the significant sites are to be preserved, including the Hiiakaikalei heiau and sites with petroglyphs. One significant site, a series of small branch trails (14196) leading down to the shore from the former prehistorical main trail (the Forerunner Trail), is not recommended for preservation, because sites of similar types are preserved elsewhere in the resort area. We would recommend checking with the Na Ala Hele Program on their concerns for access regarding these trails, but we have no disagreements with the conclusion that other examples are preserved. in sum, we agree that the use of this area will have "no adverse effect on the significant historic sites, with the preservation of the 4 significant historic sites -- with the understanding that a revised inventory survey report will be submitted in the not -too distant future. We do have one final concern. We understand that the test unit with the Hiiakaikalei heiau has not been backfilled. We believe that this unit should be backfilled as soon as possible, with the unit's surface and facing restored as close to its original styles as possible. The reasons for the urgency here is that this is a named heiau, and is culturally significant, and possibly sensitive. Sinc ly, DON HI B Administrator State Historic Preservation Division cc: Ar. Bosendahl, PHNI N. Hayashi, Planning Dept., County of Hawaii EXHIBIT D-`_ DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE November 19, 1996 TO : Planning C irector FROM n M. h;uba, Chief ngineering Division SUBJECT: Change of Zone Application (REZ 96-25) Applicant: John W. Hoffee, II Location: /►naehoomalu, South Kohala, HI TMK: 6-94)7:15 We have reviewed the subject application and offer the following comments: 1. Buildings shall coliform to all requirements of code and statutes pertaining to building construction. 2. Portions of the parcel lie within the VE and AE flood zones. Any plans submitted must clearly delineate the limits of the flood zones. Any construction or land alteration must comply with Chapter 27 of the Hawaii County Code. 3. All development g3nerated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study should be prepared and a drainage system should be installed meeting with the approval of DPW. 4. The applicant shoild be informed that if drywells are included in the subject improvements, an Underground Injection Control (UIC) permit must be applied for from the Department of Health, State of Hawaii. EXHIBIT e H ' Memo to Planning Director November 19, 1996 Page 2 5. All grading and gabbing activities shall comply with Chapter 10 of the Hawaii County Code. Solid Waste 6. The developer shall prepare a solid waste management plan -for the resort development. Wastewater 7. We defer to DOH concerning the Sewer system. Roadways 8. The entry road mL St conform to County standards. The sight distance must meet the requirements of the Statewide Design Manual. The existing shoreline access roadway, which is proposed to serve the resort, may require improvements to met the needs of a resort area, particularly in the area of pedestrian and bicyclist safety. 9. All roadways within the proposed development should follow the guidelines incorporated in the hi3waii Statewide Uniform Design Manual for Streets and Highways and A Policy on Geometric Design of Highways and Streets by the American Association of State Highway and Transportation Officials. These roadways should also meet the requirements of DPW. Sidewalks should be required in areas of pedestrian traffic. 1. - 10. In the interests of pedestrian and bicyclist safety, bike lanes should be -considered throughout the project. TWP:sIs cc: Engineering - Hil :) Engineering - Kona Planning - Kona gid^ ,j i CHANGE OF ZONE APPLICATION County of Hawaii Planning Department Applicant: John W. Hoffee, II TMK:(3) 6-9-007:015 `Anaeho'omalu District of South Kohala, Island, County and State of Hawaii APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: JOHN W. APPLICANT'S SIGNATURE: ADDRESS: 22412 St Murrieta, Cali II 92562 0 DATE: 3/9/9% Trustee of John W. Hoppfee II Declaration LIST APPLICANT'S INTEREST IF NOT OWNER of Trust dated April 5, 1993 LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS TELEPHONE -BUSINESS: RESIDENCE: go? F95-2,00 REQUEST: Open (0) Hotel -Resort TO 100 (V-100) (Existing zoning) (Proposed zoning) TAX MAP KEY: 6-9-007:015 AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 10.00 acres The John W. Hoffee II Declaration of Trust LANDOWNER(S): dated April 5, 1993 OWNER'S SIGNATURE Same aslicant DATE: 8/8/96 A May a by letter) AGENT: Sandra Pechter Schutte, Esq. ADDRESS: 101 Aupuni Street, Suite 1014A Hilo, Hawaii 96720 TELEPHONE -BUSINESS: 969-7331 RESIDENCE: Please indicate to whom original correspondence and copies should be sent. ORIGINAL John W. Hoffee, II COPIES Sandra Pechter Schutte, Esq. (See Instructions in Back) at `4# THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY: 1. 20 copies of the completed application form. 2. 20 copies of a location map. 3. 20 copies of a site plan drawn to scale with existin and �rro o��sed uses (e.g., structures, topography, propose t ub vision). 4. 20 copies of a detailed written explanation of the reasons for requesting the of zone. Please explain how the requested change of zone would be consistent with the goals, policies, and courses of action (if applicable) of the General Plan document. Also, please indicate specifically which goals, policies, and courses of action are involved. (Copies of the General Plan document are available at public libraries and at the Hawaii County Planning Department.) 5. 20 copies of supporting information/documents (i.e., marketing analysis, traffic impact analysis report, archaeological inventory survey, preliminary drainage study, floral and faunal surveys). 6. 20 copies of appropriate Departmental Zoning Questionnaire. 7. $100.00 processing fee. 8. One copy of full-size (2' x 31) site plan drawn to scale for presentation purposes. Site plan must include property lines, existing/proposed structures and uses and reference points such as roadways, shoreline, etc. 9. Legal description of the property in map and written form by metes and bounds as certified by a surveyor. 10. List of tax map keys of surrounding property within 300 feet of the entire property boundaries. It is the applicant's responsibility to obtain the most recent list of landowners/long-term lessees from the Real Property Tax Office upon being notified of the public hearing. The submittal of an incomplete application will delay official acceptance by the Department. Furthermore, additional information may be requested by consulted agencies through the Department during the course of the review process. P.D. 5/91 1730q -2- CHANGE OF ZONE APPLICATION Applicant: John W. Hoffee, II TMK:(3) 6-9-007:15 `Anaeho'omalu District of South Kohala, Island, County and State of Hawaii SUPPORTING DOCUMENT I. GENERAL BACKGROUND A. Applicant's Interest in the Property. Applicant John W. Hoffee, II is the Trustee of the John W. Hoffee II Declaration of Trust dated April 5, 1993, owner of the property for which the change of zone application is being sought. B. Change of Zone Requested. The applicant is seeking a change of zone for the 10 acre parcel of land to be rezoned from Open (0) to Resort -Hotel (V-100). C. Location and Legal Description of the Property. The project site, containing an area of approximately 10 acres, is situated along the western coast of the island of Hawaii, at `Anaeho'omalu, South Kohala, Island, County and State of Hawaii. (See location map, Exhibit 1). The shoreline parcel is located immediately south and adjacent to the Waikoloa Beach Resort complex, and is more particularly identified as Tax Map Key parcel (3) 6-9-007:015. (See tax map, Exhibit 2). In addition, the project site's southern boundary runs along the southern boundary of the South Kohala District where it abuts the North Kona district. The project site is also commonly known as the Parker Ranch recreational area. A metes and bounds description of the area sought to be rezoned is attached hereto as Exhibit 3. D. Proposed Development and Reasons for Requesting Change of Zone. The applicant is seeking the rezoning of the subject property in order to develop a single-family resort dwelling, and accessory caretaker's quarters, tennis court and open air pavilion. Although only two dwelling units are presently proposed for the property, the applicant is seeking a zoning designation which would permit up to four resort -residential dwelling units on the ten acre parcel. Four such units or lots would be the maximum number that could be accommodated under the water agreement with Waikoloa Resort Utilities, Inc., as further explained below. The subject property was previously used as a private beach and campsite for Parker Ranch employees, also known as the Parker Ranch recreational area. The existing recreational pavilion is located approximately 400 feet inland of the beach, and lies adjacent to the south side of the large anchialine pond. The wooden pavilion is approximately 1,156 square foot in area with two bathrooms, a food preparation area, a locked storage facility and a recreational area. A 1,714 square foot cedar deck with built-in seats and railing encircles the pavilion. The cesspool is located behind the pavilion to the south and a solar collector unit has also been installed. Although the pavilion was allowed to be constructed under SMA Use Permit No. 37 issued in 1977 as an open air pavilion, the previous owner installed walls and windows between the covered recreational area and the open deck. Access to the existing pavilion is provided by a 50 feet by 125 feet graded corridor along the northern boundary of the project site. An eight -foot high redwood screening fence approximately 480 lineal feet in length is located along the northern portion of the project site approximately 350 feet from the shoreline. The fence is located along the top line of the existing six-foot high berm on a'a lava which acts to screen the large anchialine pond and pavilion from onshore and offshore winds and provides privacy to the area from increasing traffic along the `Anaeho'omalu Beach Park access road. The applicant proposes to demolish the existing pavilion and redwood screening fence, and the cesspool will be collapsed and filled to allow for the construction of the proposed single-family dwelling and accessory structures. The applicant proposes the following improvements: (1) a 12,000 square foot single-family dwelling, consisting of ten bedrooms, seven bathrooms, a kitchen, dining room, living room, den, exercise room, storage and utility rooms, spa, pool, sundeck, and lanais (main dwelling). The three children's bedroom units will be connected to the living area and master suite by covered walkway; (2) caretaker's quarters to be located on the eastern corner of the property to include two bedrooms, 2 baths, a kitchen, a living room, storage area, lanai and garage; (3) tennis court and tennis pavilion along the southern boundary of the property; (4) a paved driveway extending off of the existing private `Anaeho'omalu Beach Park access road to provide access to the caretaker's quarters and main dwelling; (5) individual wastewater treatment system for the proposed caretaker's quarters and main dwelling meeting the requirements of the State Department of Health; and (6) landscaping, including lava rock wall that will encircle the entire main dwelling area. (See site plan; Exhibit 4). The architectural design of the main dwelling will blend with the existing architectural design of the Waikoloa Beach Resort complex. Both the main dwelling and caretaker's quarters will emphasize indigenous materials, subtle colors and minimal site grading to blend with the existing contours and natural beauty of the area. In order to maintain open space, the applicant proposes to landscape the mauka boundary of the project site to buffer views from the highway and scenic vantage points. In addition, construction will not occur within the 40 -foot shoreline setback area. The archaeological inventory survey by Paul H. Rosendahl, Ph.D., in May, 1996, determined that the two anchialine ponds located on the project site were significant and recommended that the sites be preserved as is. An archaeological preservation plan will be submitted to DLNR-State Historic Preservation Division prior to any land altering activity or development on the project site. No clearing of the existing flora surrounding the larger anchialine pond is proposed. E. Technical Data Regarding the Property I. Site Characteristics. The project site is situated along the western coast of the island of Hawaii, at `Anaeho'omalu, District of South Kohala, Island, County, and State of Hawaii. The shoreline parcel is located immediately south and adjacent to the Waikoloa Beach Resort, Phase I. The property slopes down to the ocean shoreline where it is bordered by `Anaeho'omalu Bay. The elevation ranges from 15 feet along the mauka boundary, down to mean sea level at the shoreline. The portion of the property where the existing recreational pavilion is located has been previously bulldozed and graded and is relatively flat. The soils on the property are classified by the United States Department of Agriculture, Soil Conservation Service, Soil Survey Report as Pahoehoe lava flows (rLW). This classification is a miscellaneous land type. The lava has a billowy, glassy surface that is relative smooth; however, in some areas, the surface is rough and broken. Pahoehoe lava has no soil covering and is typically bare of vegetation except for mosses and lichens. The Land Study Bureau classifies the soil within the project site as "E" or "Very Poorly Suited" to agricultural productivity, and the State Department of Agriculture's Land of Importance to the State of Hawaii (ALISH), which lists all of the land in Hawaii with agricultural significance does not classify the area as being either "Prime" or "Unique Agricultural Land." The project site receives an average of ten inches of rainfall annually. The project site abuts the Pacific Ocean and `Anaeho'omalu Bay to the west, open (0) zoned districts to north and south, and Hotel (V-1.25) zoned district to the east. The property also lies within the County's delineated Special Management Area (SMA) and an SMA Use Permit will be submitted prior to construction of the proposed development on the project site. 2. Flooding and Tsunami Inundation. The Flood Insurance Rate Maps ("FIRM") prepared by the U.S. Army Corps of Engineers designates the area of the property immediately adjacent to the shoreline as being in Flood Zone VE -8 or a tsunami zone, with the base flood elevation of eight feet above mean sea level. This designation means that the first floor of any habitable structures within the area must be elevated to a height of eight feet -3- o .r above mean sea level. A strip, immediately inland is designated AE -7 or an area designated as being within the 100 year flood plain, with a base flood elevation of seven feet above mean sea level. The remaining inland two-thirds of the property is designated as being within Zone X on the FIRM, or a location that is outside of any flood prone area. 3. Flora. Vegetation throughout the project site include kiawe, coconut (Cocos nucifera), naupaka (Scaevola taccada), pandanus or hala (Pandanus tectorius), noni (Morinda citrifolia), pickleweed (Batis martima) and sedge or `ahu'awa (Mariscus javanicus) There are no known rare or endangered plant life on the project site or in the immediate vicinity of the property. 4. Fauna. A preliminary inventory of the aquatic resources of the two anchialine ponds was conducted by Richard E. Brock, Ph.D. in March, 1996. The inventory of the larger anchialine pond (site 1) revealed the dominance of the introduced tilapia (Tilapia mossambica) and presence of aholehole (Kuhlia sandvicensis), black crab (Metapograpsus messor), dragonfly nymphs (family Odonata, probably Anax spp.), and ubiquituous brackish water snail (Melania sp.). Species present in the smaller anchialine pond (site 2) included the cyano -bacterial (blue-green) mat (Schizothrix coricola), opae'ula (Halocaridinia rubra), the small reddish amphipod (unidentified Amphipoda) and alpheid shrimp (Metabetaeus lohena). The inventory revealed that no unusual anchialine species were found in either ponds and that all of species encountered are common in the West Hawaii anchialine biotope. To insure that the aquatic resources of the two anchialine ponds located on the project site are adequately protected, an anchialine pool management plan has been developed by Dr. Brock. (See Anchialine Pool Management Plan, dated May, 1995, prepared by Richard E. Brock, Ph.D., Exhibit 5.) 5. Volcanic Inundation. The project site is within Lava Hazard Flow Zone 3, on the U.S. Department of the Interior Geological Survey map. Zone 3 areas include the lower slopes of Mauna Loa and during the past 750 years, lava flows have covered about 15-20% of the area. 6. Historical/Archaeoloeical Resources. An addendum archaeological inventory survey prepared by Paul H. Rosendahl, Ph.D. was conducted on the project site to provide additional information required by DLNR-State Historic Preservation Division after a re-examination of the project site in December, 1995. (See DLNR-SHPD letter dated February 2, 1996, Exhibit 6). Of the four previously unrecorded sites within the project site, two petroglyphs sites (Sites 20760 and 20763) and a small, modified anchialine pond (Site 20761) located along the northern boundary of the project site were identified as significant for their informational content and as good examples of their types and should be preserve as it. The larger, modified bi-lobed anchialine pond located adjacent to the existing recreational pavilion (Site 20762) was identified as significant for its informational content, and possibly, for its cultural content and should be preserved as it; final assessment pending further data collection. In addition, Site 14215 was judged to be no longer significant as no burials were Im �c found. (See Addendum Archaeological Inventory Survey, Waikoloa Beach Resort, Adjacent Coastal Parcels, dated May, 1996, prepared by Paul H. Rosendahl, Ph.D., Exhibit 7). A previous undated archaeological/historical sites survey conducted by Cedar Homes of Hawaii --Hawaii described a footpath that skirts the south end of the bi-lobed anchialine pond which continues east across the a'a flow. This trail was also identified by William Barrera in 1971 as "This trail led from the small pond S of Kuuali'i Fishpond into the district of North Kona through an area of extremely rough, sharp pahoehoe. It was not marked by coral or cairns, but was deeply worn into the lava." (See Archaeological/Historical Site Survey, prepared by Cedar Homes, Inc., Exhibit 8). The applicant proposes to submit to DLNR-State Historic Preservation Division an archaeological preservation plan prior to any land altering activity or development on the project site. 7. Access. Access to the project site is provided by means of a private improved road off of Waikoloa Beach Drive, known as the `Anaeho'omalu Beach Park access road. The property is provided with an access easement along this private road by a perpetual recorded easement. This access road also provides pedestrians with shoreline access into `Anaeho'omalu Beach Park. There is adequate sight distance for vehicles entering and exiting the project site. Queen Kaahumanu Highway, a State owned roadway, is located approximately 3/4 mile mauka or inland of the property. 8. Sewage Disposal. The existing cesspool located behind the recreational pavilion will be collapsed and filled. The applicant proposes to construct a new individual wastewater treatment system for the proposed single-family resort dwelling and caretaker's quarters which meet the requirements of the State Department of Health. Plans and specifications will be submitted to the State Department of Health for approval prior to the construction of this new system. 9. Water Service. Existing water to the parcel is provided under a private water agreement. The Trustees of the Richard Smart Revocable Personal Trust dba Parker Ranch ("Smart Trust") and the applicant, John W. Hoffee, II, as Trustee of the John W. Hoffee II Declaration of Trust Dated April 5, 1993, entered into an Assignment of Agreement for Sale of Water, dated October 18, 1995. The Smart Trust conveyed all of its right, title and interest in and to the Agreement for the Sale of Water ("Agreement") for the distribution of water to the subject property by the Waikoloa Resort Utilities, Inc. ("WRU"). Under the terms of the Agreement, WRU would initially distribute a maximum of 30,000 gallons of water per month, to be increased to an amount not to exceed 90,000 gallons per month in order to serve a maximum of four single family dwelling units and auxiliary uses (i.e., irrigation and landscaping). The Agreement is effective for an initial term of five year and will be automatically renewed year to year thereafter. (See Assignment of Agreement for the Sale of Water; Exhibit "A", Exhibit 9). -5- •e 10. Electrical and Telephone Service. Electrical and telephone services are presently provided to the existing recreational pavilion. Such services will be available to the proposed project. 11. Public Services. Police protection service is available in Kamuela, approximately 18 miles away from the project site. A fire station, providing service in the vicinity of the project site, is located along the Queen Kaahumanu Highway approximately six miles away from the subject property. I1. CONSISTENCY WITH THE GENERAL PLAN. A. LUPAG Map Designation. The property is situated along the edge of an area designated as "Resort" on the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. Such a designation allows for development that blends with the social, economic and physical environment. The project site is located adjacent to the Waikoloa Beach Resort complex. The requested change of zone is consistent with the goals, policies and land use pattern expressed in the general plan as the architectural design of the main dwelling will blend with the existing architectural design of the Waikoloa Beach Resort complex. B. Goals, Policies and Standards. The requested change of zone would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan. The applicable goals, policies and standards are as follows: Environmental Quality Goal: Maintain and, if feasible, improve the existing environmental quality of the island. Policy: The County of Hawaii shall take positive action to further maintain the quality of the environment for residents both in the present and in the future. Standard: Federal and State environmental regulations shall be adhered to. Discussion: The proposed project fulfills these goals and policies in the following manner: a shoreline certification of the property was obtained on January 29, 1996; no construction will occur within the 40 -foot shoreline setback area; an archaeological preservation plan will be submitted to DLNR-State Historic Preservation Division prior to any land altering activity or development on the project site; and to insure that the aquatic resources of the two anchialine Som ponds located on the project site are adequately protected, an anchialine pool management plan has been developed by Dr. Brock. Historic Sites Goal: Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. Policy: The County of Hawaii shall require both public and private developers of land to provide a historical survey prior to the clearing or development of land when there are indications that the land under consideration has historical significance. Standard: The evaluation of the importance of specific historic sites is necessary for future action. The following standards establish a framework for evaluating sites. Sites of traditional and cultural significance. Discussion: An addendum archaeological inventory survey conducted by Paul H. Rosendahl, Ph.D. on the project site identified four new sites as significant. In addition, the applicant proposes to submit to DLNR-State Historic Preservation Division an archaeological preservation plan prior to any land altering activity or development on the project site. Therefore, the proposed change of zone would not be inconsistent with the goal of protecting and enhancing significant historical sites. Natural Resources and Shoreline Goals: Protect and conserve the natural resources of the County of Hawaii from undue exploitation, encroachment and damage. Protect and effectively manage Hawaii's open space, watersheds, and natural areas. Ensure that alterations to existing land forms and vegetation, except crops, and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of earthquake. Policies: The County of Hawaii should require users of natural resources to conduct their activities in a manner that avoids or minimizes adverse effects on the environment. -7- The shoreline of the island of Hawaii shall be maintained for recreational, educational, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. The shoreline shall be protected from the encroachment of man-made improvements and structures. The County shall encourage an overall conservation ethic in the use of Hawaii's resources by protecting, preserving, and conserving the critical and significant natural resources of the County of Hawaii. Standard: The following shall be considered for the protection and conservation of natural resources: Areas necessary for the protection and propagation of specified endangered native wildlife, and conservation for natural ecosystems of endemic plants, fish and wildlife. Discussion: The implementation of an archaeological preservation plan and anchialine pool management plan will help to protect the natural and cultural resources, as recommended by the goals, policies and standard of this General Plan element. A certified shoreline survey has been prepared for the property, and no improvements are proposed within the 40 -foot setback area mauka of the shoreline. Thus, the shoreline will be protected from the encroachment of man-made improvements and structures. Land Use -General Goal: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Policy: Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Standard: 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. Discussion: The requested change of zone will maintain the present resort environment of the Waikola Beach Resort complex which is located immediately north and adjacent to the project site. Access to the project site is provided by means of a private improved road off of `Anaeho'omalu Beach Park access road. Public services and utilities are presently available in the area. Thus, the proposed development is consistent with this standard. Land Use - Resort Goals: Provide for resort development that maximizes convenience to its users and optimizes the benefits derived by the residents of the County. Ensure that resort developments maintain the social, economic, and physical environments of Hawaii and its people. Policies: The County may impose incremental and conditional zoning which would be based on performance requirements. Zoning of resort areas shall be granted when the proposed development is consistent with and incorporates the stated goals, policies and Standards of the General Plan. The County shall designate and allocate future resort areas in appropriate proportions and in keeping with the social, economic, and physical environments of the County. The County shall evaluate resort areas and the areas surrounding existing resorts to insure that viable quality resorts are developed and that the surrounding area contributes to the quality, ambience and character of the existing resorts. Discussion: The low density resort use proposed for the property, which is at the edge of the Waikoloa resort area, will provide a good transition between the intensive hotel -resort use immediately north of the property and the conservation district immediately south of the property. The proposed development will essentially utilize the utilities and roads that were previously installed to service this property, along with the other parcels in the Waikoloa Resort area. The high quality of the improvements proposed will also maintain the ambience and upscale character of the Waikoloa Resort area. Thus, the proposed development is consistent with the General Plan Land Use Resort goals and policies. III. LOCATION MAP AND SITE PLANS. A location map and site plan are attached as Exhibits 1 and 4 respectively, to this application. A full-size copy of the site plan (2'X 3') is also being submitted in conjunction with this application. IV. METES AND BOUNDS DESCRIPTION OF THE PROPERTY. A metes and bounds description of the applicant's property involved in this change of zone application is attached to this application as Exhibit 3. In • • It A shoreline certification of the applicant's property involved in this change of zone application, certified by the Chairman, Board of Land and Natural Resources on January 29, 1996 is attached to this application as Exhibit 10. The original full-size shoreline certification (2' X 3') is also being submitted in conjunction with this application. VI. RESORT REZONING QUESTIONNAIRE. The Planning Department's Resort Rezoning questionnaire is attached to this application as Exhibit 11. VII. PROPERTIES WITHIN 300 FEET OF THE SUBJECT PARCEL. The list of owners or recorded lessees of properties within 300 feet of the applicant's parcel being proposed for rezoning is attached to this application as Exhibit 12. -10- 135•W PROJECTCAT20•N LOCATION....... • „nM_? Hilo i' HAWAII 0 io Mllef u South Point Na.ahina Rock l Y. Waiulva Bay Pobkuekaaha �. Kaauau Pt ,i fe 0 1000 2000 3000 Ana•hoomalu Pt w i • r li ga%161 0 200 goo •ooI eoo Fiahf Anailhoomalu.Bay r iru p . ' Pehakulua LJ• o Nliaka Ka —• PROJECT AREA t � Akahu Kalmu EXHIBIT I Waawaa Polnt `. Las a Puill - �r k LA89IY A I[iilinashehs Bay , Lulahola Bay • f?P1nt 4v IV i •2. / r 4v IV c EXHIBIT 2 �' — _ePml._ I...... All of that certain parcel of land (being portion of the land(s) described in and covered by .Royal Patent Number 7523, Land Commission Award Number 4452,, Apana 4 to H. Kalama) situate, lying and being at Anaehoomalu, District of South Kohala, Island and County of Hawaii, State of Hawaii, and thus bounded and described as per survey of Jerry S. Nakagawa, Registered Professional Surveyor, dated December'4, 1968, to -wit: Beginning at a pipe in concrete at the northeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "FUU HIRAI" being 4,081.71 feet north and 37,137.53 feet west, and running by azimuths measured clockwise from true South: 1. 31° 19' 40" 610.40 feet along remainder of L. C. Aw. 4452, Apana 4 to H. Kalama to a pipe in concrete; 2. 1210 19' 40" 919.67 feet along Grant 13,586 to E. J. White to highwater mark at seashore, passing over a 1 -inch pipe (found) at 699.36 feet; thence following along highwater mark at seashore for the next two (2) courses, the direct azimuths and distances between points at said highwater mark being: 3. 247° 18' 45" 288.68 feet; 4. .2210 40' 30" 191.00 feet; thence 5. 2720 26' 30" 391.06 feet along remainder of L. C. Aw: 4452, Apana 4 to A. Kalama-to a spike in concrete and passing over a pipe in concrete at 91.06 feet; 6. 3010 19' 40" 373.34 feet along remainder of L. C. Aw. 4452, Apana 4 to E. Kalama to the point of beginning and containing an area of 10.000 acres, more or less. EXHIBIT 3 as granted recorded in described a Together with Easement "A" for access purposes, by Grant of Easement dated December 20, 1978, Liber 13374 at Page 406, and being more particularly s follows: All of that certain parcel of land (being portion of the land(s) described in and covered by Royal Patent Number 5671, Land Commission Award Number 8521-B, Apana 1 to G. D. Hueu, and Royal Patent Number 7523, Land Commission Award Number 4452, Apana 4 to H. Kalama) situate, lying and being on the northwesterly side of Queen Kaahumanu Highway at Naikoloa and Anaehoomalu, District of South Kohala, Island and County of Hawaii, State of Hawaii, being EASEMENT "A" for access purposes, and thus bounded and described as per survey of Jerry S. Nakagawa, Registered Professional Surveyor, dated December 4, 1968? to -wit: Beginning at the southeast corner of this easement on the northwesterly side of Queen Kaahumanu Highway, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 3,949.61 feet north and 32,966.14 feet west and running by azimuths measured clockwise from true South: 1. 970 28' 45" 149.91 feet along remainder of L. C. Aw. 8521-B, Ap. 1 to G. D. Hueu; thence along same on a curve to the right with a radius of 2090.00 feet, the chord azimuth and distance being: 2. 1060 33' 36.5" 659.73 feet, thence; 3. 1150 38' 28" 827.32 feet along remainder of L, C. Aw. 8521-B, Ap. 1 to G. D. Hueu; thence along same on a curve to the left with a radius of 910.00 feet, the chord azimuth and distance being: 4. 1026 00' 47" 428.82 feet, thence; S. 88° 23' 06" 130.49 feet along remainder of L. C. Aw. 8521-B, Ap. 1 to G. D. Hueu; thence along same on a curve to the right with a radius of 1060.00 •feet, the chord azimuth and distance being: 6. 1050 29' 03" 623.34 feet, thence; 7. 1220 35' 22.02 feet along remainder of L. C. Aw. 8421-8, Ap. 1 to G. D. Hueu; 8. 2130 17' 05" 20.00 feet along L. C. Aw. 4452, Ap. 4 to A. Kalama; 9. 1220 34' 56" 302.90 feet along remainder of L. C. Aw. 4452, Ap. 4 to H. Kalama; thence along same on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 10. 770 34' 56" 28.28 feet, thence; 11. 320 34' 56" 1,175.15 feet along remainder of L. C. Aw. 4452, Ap. 4 to H. Kalama; thence along same on a curve to the right with a radius of 230.00 feet, the chord azimuth and distance being: 12. 820 19' 09" 351.02 feet,- eet;thence thencealong remainder of L. C. Aw. 4452, Ap. 4 to H. Kalama, on a curve to the left with a radius of 1486.30 feet, the chord azimuth and distance being: 13. 1260 41' 31" 277.90 feet, thence; 14. 1210 19' 40" 373.34 feet along remainder of L. 15. 2100 59' 52" 49.71 16. 2820 43' 40" 94.96 17. 3270 53' 34" 44.72 18. 3010 19' 40" 243.63 19. 3060 41' 31" 289.11 20. 2620 19' 09" 259.45 21. 2120 34' 56" 1,175.15 c. Aw. 4452, Ap. 4 to Pi. Kalama; feet along same; thence along same on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: feet; thence along remainder of L. C. Aw. 4452, Ap. 4 to H. Kalama, on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: feet, thence; feet along remainder of L. C. Aw. 4452, Ap. 4 to H. Kalama; thence along same on a curve to the right with a radius of 1546.30 feet, the chord azimuth and distance being: feet; thence along remainder of L. C. Aw. 4452, Ap. 4 to A. Kalama, on a curve to the left with a radius of 170.00 feet, the chord azimuth and distance being: feet, thence; feet along remainder of L. C. Aw. 4452, Ap. 4 to H. Kalama; thence along same on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance 22. 1670 34' 56" 28.28 23. 2120 34' 56" 80.00 24. 3020 34' 56" 403.88 25. 2130 17' OS" 20.00 26. 3020 35' 20.55 27. 2850 29' 03" 552.77 28. 2680 23' 06" 130.49 29. 2824 00' 47" 485.37 30. 2954 38' 28" 827.32 31. 2860 33' 36.5" 621.85 32. 2776 28' 45" 266.64 33. 516 41' 16" 167.41 being: feet, thence; feet along remainder of L. C. Aw. 4452, Ap. 4 to H. Kalama; feet along remainder of L. C. Aw. 4452, Ap. 4 to H. Kalama; feet along L. C. Aw. 4452, Ap. 4 to H. Kalama; feet along remainder of L. C. Aw. 8521-2, Ap. 1 to G. D. Hueu; thence along same on a curve to the left with a radius of 940.00 feet, the chord azimuth and distance being: feet, thence; feet along remainder of L. C. Aw. 8521-8, Ap. 1 to G. D. Hueu; thence along same on a curve to the right with a radius of 1030.00 feet, the chord azimuth and distance being: feet, thence; feet along remainder of L. C. Aw. 8521-8, Ap. 1 to G. D. Hueu; feet, thence; feet along remainder of L. C. Aw. 8521-8, Ap. 1 to G. D. Hueu; feet along the northwesterly side of Queen Maahumanu Highway to the point of beginning and containing an area of 11.804 acres, more or less. n EXHIBIT 4 I J Q AXONSALINS POOL BANAQ=Mff Frm FDR* TR$ Norval P"Ou AZ ARANSCONALO XAY# NORTS RONAo RAWAZZ TXXs 6-9-07-15 Prepared For: I Mr. John Huffee 68125 Went Pukaua Placa Kchala Coast, Hawaii 96747 By: Richard E. Brook, Ph.D. knvirchmantal Asseanant Co. 1820 Xihi Street Honlulu, Hawaii 96221 May 1995 EAC Rept. No. 96-07 EXHIBIT 5 1.1 INTRODUCTION A. Purpose With any coastal development there exists the potential for negative impacts to occur to resident aquatic biota. Hawaii Revised Statues, Chapter 205-A as well as'the County of Hawaii Pomanagement d tentialforimpact to occur toaquatRegulations recognize Z with coastal development and have boon enacted to preserve, protect and where possible, to restore the natural resources of coastal zone areas. These regulations are the basis for which the County of Hawaii and the Hawaii state Department of Land and Natural Resources is requiring developers in the coastal zone area to institute pro- grams to insure the protection of aquatic species present on or aajacent to their project sites. It is proposed that a private residence will be constructed on 10 acres fronting Anaehoomalu Bay, North Kona, Hawaii (TMK 6-9-07-i5). This parcel was formerly used by employees of Parker Ranch for beach activities and was known as the Parker Ranch Recreational Area. A existing feature of the project site is a grove of coconut trees surrounding an anchialine pool. Other anchialine pools on the project site are poorly developed as noted below. A preliminary inventory of the aquatic resources in these water features carried out in March 1996 noted several species characteristic Of the Hawaiian anchialine fauna in one small anchialine feature on the project Site. Anchialine pools are a unique ecological resource being restricted to highly porous substrates such as recent lavas or limestone adjacent to the sea. These pools are defined as having measurable salinities, undergo tidal fluctuations yet have no surface connections with the sea. They typically harbor a characteristic assemblage of organisms, some of which are not known from any other habitat. Anchialine pools have been reported from the Red Sea, on islands situated in the tropic Indian, Pacific and Atlantic Oceans. Locations with the most numerous anchialine sites are in Fiji, the RyuXyus and Hawaii. In terms of a statewide resource, Hawaii Island has the largest number of anchialine pools. The majority of these ponds occur along the, West Hawaii coast from Kawaihae to Kailua-Kona; about 420 pools have been surveyed in this area. A conservative estimate places the total number of anchialine pools on Hawaii Island at about 600-650 ponds (Brook 1985) and statewide the number probably does not exceed 750 pools. Three preserves exist protecting portions of this resour- 1 ca: Ahihi-Kinau, Maui and Manuka, Hawaii under the State Natural Area Reserve System an well as the Waikoloa Anchialine Pond Pre- servation Area (or WAPPA) under University of Hawaii management. The presence of anchialine species on the subject property and the interest of the owners in insuring that these resources are adequately protected has prompted the development of this anchialine pool management plan. B. Background Information Because of recent coastal development along the Kona shore- line, anchialine resources have become a focus of attention by permit agencies, conservationists and the general public. As noted above, anchialine pools harbor a distinct assemblage of organisms some of which are found nowhere else. Anchialine pool organisms fall into two classes, i.e., epigeai and hypogeal spec- ies (sensu Macioiek 1957). The epigeal fauna is comprised of species that require the well -illuminated (sunlit) part of the anchialine system. Most of these species are found in other Hawaiian habitats albeit individuals from anchialine systems frequently show ecotype (morphological) variations. The hypogeal organisms occur not only in the illuminated part of the system but also in the interconnected watertable below. These species are primarily decapod crustaceans, some of which are known only from the anchialine habitat. The Hawaiian anchialine pool ecosystem is dominated by a characteristic assemblage of organisms including crustaceans (shrimps and amphipods), fishes, mollusks, a hydroid, sponges, polychaetes, tunicates, aquatic insects, algae and aquatic macro- phytes. Most striking are a number of red -pigmented caridean shrimp species. These shrimps, as well as many other co-oocurr- ing faunal components, utilize the anchialine pond habitat and the rock interstices leading to the underlying brackish water - table. Depanding on pond depth, many of the shrimp species dis- play a tidally linked migration, emerging from the rock inter- stices with the incoming tide to feed in the pond, and later returning via the interstices to the subterranean labyrinth with the falling tide (Fricke and Fricke 1979). The most character- istic species in Hawaiian anchialine systems is the red -pigmented caridean shrimp known as opae'ula or Halocaridina ru ra. Over the last twenty years exotic fishes have become estab- lished in most West Hawaii anchialine pools. Unlike native fish- es, man yy exotics (tilapia and topminnows) are able to complete their lifscycles in the anchialine habitat. These fishes prey on and exclude native hypogeal shrimp which are usually a dominant faunal component. Macioiek and Brock (1974) found exotic fishes 2 in 15 percent of the pools surveyed in 1972 on the West.Hawaii coast; thirteen years later of Consultants (1985) noted exotic fishes in 46 percent of the ponds examined and more recently unpublished surveys by the U.S. Army Corps of Engineers as well as this author suggest that outside of the WAPPA fewer than 10 percent of the west Hawaii anchialine pools remain free of exotic fishes (see also Appendix a). More life history information is available for Halocaridina rubra or opae'ula than for any of the other anchialine species. Opae ula feed on detritus, benthic diatoms, phytoplankton, fila- mentous algae, vascular plant tissue (Wong 1975) and when avail- able, animal tissue. Halocaridina rubra feed by plunking the substratum with bristled chelae; midwater and surface film feed- ing is aocompliehed by using the chelae and bristles as plankton filters. Opae'ula have been maintained in small sealed contain- ers for years; presumably, under these conditions they are cap- able of utili2ing bacterial films. Ponds with sufficient illumination must represent signific- ant points of high benthic productivity relative to the water - table below. Sunlight and dissolved nutrients provide the neces- sary ingredients for this productivity. Many of the shrimp spec- ies appear to take advantage of these loci of rood resources (ponds). With pond obliteration as through burial or senescence (slow natural infilling), the total productivity within a given section of the watertable would also be significantly reduced; this suggests that the carrying capacity of the habitat with respect to these hypogoal species would be significantly lower with such obliteration. Hypo9e81 species would probably not entirely disappear; however, other epigeal species (crustaceans, fishes, mollusks and flora) dependent on the illuminated high productivity part of the anchialine system would not survive. C. Status of the Anchialine Resources at the Anaehoomalu Bay subject Property The owners of the subject parcel are very interested in the conservation of the aquatic resources present on the property. This interest is due, in part, to the aesthetically pleasing pool located on the property surrounded by a grove of coconut trees. This pool is situated in low-lying pahoehoe surrounded by a higher (later) flow of a's lava. T�s basin approximates a "C" and the water surface is about 490M.. The bottom of the basin is comprised of a mix of mud with some emergent rock and maximum water depth is about 8ocm at zero tide. A building contructed by the previous owners overlooks and abounds the southern edge of the pool. This building is slated for removal. This relatively large pool was first inventoried in 1972 by Maciolek and Brock (1974). The physigal dimensions of the pond were smaller in 1972 being about 100m in surface area but the surrounding vegetation was the same as today. The major aquatic biological features et that time were tilapia (Tilavia aossambi- na) and mosquito fish (family Poecilidas). Although not recorded in the 1972 survey, I do recall seeing koi or ornamental carp (gyfrf s carnia) in this pool. other aquatic species in the Poo l in 1974 include the alga, Shizgclo ium ape, the snail, alen;a sp., at least two species of unidentified amphipods the native shrimp, opae�ohala (Macrobraohiu arandmenus), the intro- duced prawn Macrobrachium I=, and an insect (Anarjng). This pool is referred to as Pond i in Figure 1 below. In the 18 March 1996 inventory, the biota noted in the large pool is dominated by the introduced tilapia (TIAaoia moseambion). More than fifty individuals were seen and the average alae was about acme Not many juvenile tilapia were seen. Along with tilapia were several flagtails or aholehole CKMhlia oandvi ensis). Unlike the tilapia, this endemic species cannot complete its likecycle in the anchialine system. The guppies (Family Poscilidae) were not evident in our survey nor were any prawns (either #. vrandimanus or M• I=). other aquatic species seen in the large pool include the black crab (Hatagoorapgua mem), dragonfly nymphs (family odonata, probably AUK app.) and the ubiquituous brackish water snail, Melanin ape Besides the coconut (smogs nucifera) other surrounding vegetation in- cludes the naupaka (H-ae off. o a), pandanus or hale (PanaAnus tgctorius), noni (,orinda citrifolia), pickleweed (Batia ma ima) and the sedge or 'ahu'awa (Mariscus iavanicus). The inventory of March 1996 examined all depressions on the project site for the presence of water exposures. Besides the single main pool, a second water exposure was located about 43m northeast from the main pool (site 2, Figure 1). This pond was modified at acme point in the past to serve as a source of brack- ish water as evidenced by the small amount of mortar and rock walling around part of it to keep loose material from falling in it. This pond is located in a mix of pahoehoe and ala, is ap- proximately i x 1.5m in surface dimensions and has a rocky basin with a water depth of about 23em at the time of sampling. This pond was inventoried by Maciolek and Brock (1974) who noted only one species present, the endemic red caridean shrimp or opaetuia (Halocaridina rs). Species present in the March 1996 survey include the oyano-bacterial (blue-green) mat (Schizothrix corico- 1A) that fixes calcium carbonate (Bailey -Brock and Brock 1993), opaelula (Halocaridina rubra) at a density of approximately 25 individuals/0.imT the small reddish amphipod (unidentified Amphipoda) and one individual aipheid shrimp (Metabstasus Johana). 'All of these are apeeies characteristic to anehialine systems. A depression located about 68m inland (mauka) of the large Pool (site 31 Figure 1) Was examined during the 18 March 1996 survey. At the time of the survey the undersides of some of the loose rock at the bottom of this depression were damp suggesting that water is present during peak high tides (spring highs). We estimate that the approximate maximum lateral extent of this exposure would be about 0.5 x i.5m with a depth of about 2 to 4cm and, as noted above, would only be present during the highest tides. This depression is an area of a'a. No other brackish water exposures were noted on the subject parcel during the March 1996 field effort. Two water quality samples were taken during the March sur- vey. A single sample was taken in each of the two permanent water exposures on the property (the large pool and the small well). The water quality parameters that were evaluated are specific criteria designated for "open coastal waters" by the Department of Health in Title 11, Chapter 541 Amended Administra- tive Rules for Water Quality standards. These criteria include ammonia nitrogen, nitrate+nitrite nitrogen, total nitrogen, or- thophosphorus, total phosphorus, chlorophyll -A and nephalometric turbidity. Alco collected were samples for non-specific criteria including temperature, percent oxygen saturation, pH, salinity as well as the nutrient silica for each location. Three parameters were measured in the field including dissolved oxygen concentra- tion using a YSI Model 58 oxygen meter, pH using a Hanna Instru- ments pH meter and temperature using a laboratory thermometer. All other parameters were measured in the laboratory. Water samples were filtered in the field held on ice until returned to the laboratory later on the day of collection for processing. The analytical procedures followed those given in standard Meth- ods (1985) with modifications according to Strickland and Parsons (1972) . The results of the water chemistry analyses are given in Table I. These results show the concentrations of all parameters to be in the usual range for undisturbed Kona coast groundwater (see Brock 21 Al. 1987, Brook and Kam 1992). Ammonia nitrogen Was slightly elevated in the sample from the large pond over the well sample (14.06 ug/l versus below detection limits). These differences are probably due to the presence of fish in the large pond. Ammonia is a product of organism metabolism, thus its presence is to be expected in the large pond with the fish. chlorophyll -A values are elevated in the large pond pointing to greater development of the phytoplankton in this pool. Measured salinities in both water exposures are lower (2.5-2.80/00) than found just to the north at Waikoloa suggesting a greater flow of groundwater towards the sea at this study site. 5 No unusual anchialine species were found in either pool on the subject property and all of the species encountered are common in the West Hawaii anchialine biotope. Human occupation of the Anaehoomalu area extends back to prehistoric times as suggested by the presence Of archaeological Sites located mauka of the subject parcel. Occupation and use of the area has probably been a near continuous event up through modern times. The important fishponds (Kuuali'i and Kahapapa) just to the north along Anaehoomalu Bay. Many of the ponds in the Anaehoomalu area have been modified or used by humans for the holding and/or raising of fish or as sources of brackish water in the past and the impact of these uses are still evident today (e.g., walling, etc.). One of the two ponds located on the subject property are providing habitat for native anchialine species. The other pond Is not because of the presence of exotic (tilapia) and native (aholehole) fish that have driven the usual crustacean fauna from the lighted portions of the pool. It is suspected that both the tilapia and aholehole were placed in this pond by humans. When a Known predatory species colonizes an anchialine pool, native crustaceans are usually rare or absent (Maciolek and Brock 1974, Brock 1977, Maciolsk 1994, Brock 1965, Bailey -Brock and Brock 1993). The one exception to this is the occasional co -occurrence of native shrimp with the predatory olopu akupa (Ftaotria sandyji- ce ; see also Appendix B). As noted above, the main pond on the subject property has contained non-native fish for more than 24 years, once satab- lished, unwanted tilapia are notoriously difficult to remove from a pond system. we have successfully removed other exotic fish species from anchialine pools using the ichthyocide, rotenone, but tilapia will bury in the mud substratum to avoid the ichthyc- cide and are often successful in their efforts. Until a more effective means is found to totally remove hardy exotic fishes such as the tilapia, we suggest that the large anchialine pool on the property be maintained with fishes. We would recommend not releasing any other exotic fish species other than koi into this pond which we believe were present in the past. We propose that a management strategy which maintains the two pools as they are probably presents the most prudent course for the anchialine resources on this parcel. The subterranean anchialine resources should be maintained at present levels if (1) fishes are not released into the small "well" poria, (2) no infilling of the anchialine resources occurs on the site, (3) planted vegetation surrounding the pools is maintained so as not to increase the rate of infilling by leaf litter, (4) that a Department of Health approved waste treatment system is used on U this site, (5) if a leach field is used no the site to handle the domestic wastes that the field be situated as Lar away as is possible (not inland Or mauka of the ponds), and (6) no excessive or unnecessary use of chemicals occurs on the lands surrounding the ponds. 1.2 Management Plan - objectives The anchialine resources in pools located on TMK 6-9-07-15 at Anaahoomalu Bay are to be preserved and passively managed. The objectives of the preservation and management plan are to: 1. To maintain the physical environmental integrity (i.e., basin characteristics, water quality) of the anchialine resources situated in the project site] 2. To protect and preserve these coastal features to allow the perpetuation of the biological resources; 3. To control construction activities so that detriment- al impacts to the pools or biota may be avoided during this period of time; 4. TO provide criteria for any additional future land- scaping and subsequent maintenance in the vicinity of the anchialine pools that avoids impacts to the pools or biota. 1.3 Pond Management zones Management zones refer to the two designations: 1. Anchialine Pools - The boundaries of the anchialine Pools are identified by the maximum extent of the pond surface at high tide. This includes all waters that are exposed to the air under any overhangs at high tide. zn general no further construction will be allowed in any of the ponds on the subject property. Other than permitted activities given below, other activities that are not permitted include the disposal of any trash, chemical, wastewater or stormwater into any of the pools as well as the introduction of any addi- tional fish species that has not already been in this System. Additionally, no other species of aquatic life should be released into the system. No teeding of the anchialine pool organisms will be allowed nor 7 will any further hydrologic modification in the anohialine pools be made without the consent of the appropriate permit agencies. However, routine main- tenance of the ponds (i.e., removal of trash, limited excess sediment removal, etc.) is permitted. i. Anchialine Pool Buffer Zone - These zones are defined as being immediately adjacent to the anohialine pools where development is restricted. The width of the buffer zone is five feet as measured from the pond water edge at high tide. Permitted construction beyond the present development in the Pond Buffer Zone includes the construction of low rock walls to demarcate the pools and/or Pond Buffer Zone boundaries for the purpose of keeping storm water runoff, unwanted soil and debris from entering the pools. Walkways within.the Buffer zone are permitted. Beyond the permitted planting that has already occurred, future planting will 128 limited to native and/or xerophytic vegetation in the Pond Buffer Zone as long as growth does not create further overstory over the ponds or allow leaf litter to fall into the pools. Additional soil should not be placed in the Pond Buffer Zone*. in general any construction activities must conform to the followings a. Site grading should be designed such that all site drain- age and storm water runoff from areas outside of the pond buffer zone will be prevented from flowing into the pond buffer zone or the anchlaline pools. b. Sewage and all wastewater facilities should be con- structed as not to allow any of these materials from entering the anohialine pools either through surface runoff or via the groundwater. C. All lighting should be designed and operated such that lights*do not intentionally shine directly into the ponds at night and any future construction of buildings should be set back five feet from the Pond Buffer Zone boundaries to prevent excessive shading of the pools. However, normal lighting of the house and grounds will be permitted for security and safety reasons. It is recognized that the largest extant pool on the subject property is heavily shaded by a grove of coconut trees that has been in place for many years. These existing conditions will be allowed. Allowable activities in the anchialine pools include: a. Continued use and maintenance of koi and other fish in the main pool on the subject parcel to control algal problems and aesthetic reasons. 1.4. Construction of Additional Water Features If the owner(s) elect, additional water features may be constructed on the subject parcel. These features should mimic anchialine pools thus providing further habitat for these spe- cies, 11 further water features are to be developed, these should conform to the criteria given below: a. Any new water feature will conform to all criteria as given for the natural anchialine features on the subject parcel. b. No new water feature will be constructed directly sea- ward or makai of any leach field used by the waste disposal system nor should any water feature be constructed within 100 feet of the main pond on the premises (pond 1 in figure 1). The rationale for this is to reduce the opportunity for unwanted exotic fiches in pond 1 to successfully colonize any newly constructed pond. c. Any new water exposure will be constructed as to mimic natural anchialine pools in appearance and will utilize natural (rock) materials. water depth of any new water feature should not exceed 18 inches as measured at a zero tide level and the basin should be primarily rock which enhances water exchange and allows anchialine species to enter the pool. d. No intentional introduction of fish or other aquatic species will be allowed in newly constructed pools. Aquatic species will be allowed to colonize these now pools on their own. e. If exotic fishes are introduced or colonize a newly created water exposure, the owner(s) will be required to (1) immediately inform the appropriate permit agencies, (z) completely remove the exotic fishes, (3) perform any other remedial action as required and (4) bear all remediation costs. 9 1.5 Anehialine Pool Management A. Responsibilities The owner or his representative(s) shall be responsible for insuring the following, 1. That the Pond Buffer Zones are maintained and if necessary, undertake the construction of low perman- ent rock walls to insure that soil and debris cannot enter the Pond Buffer Zones or the anchialine pools; 2. Insure that site drainage does not allow runoff to enter the anchialina pools or the Pond Huffer Zones; 3. Insure that all personnel residing or working at the site are informed of the sensitivity of the anchia- line resource and that unauthorized entry into Pond Buffer Zones or pools is strictly prohibited unless for maintenance as given below/ a. Undertake the clearing by nand methods of vegetation that has either encroached into the Pond Buffer Zones and/or above the anchialine pools; 5. Using hand methods, undertake the removal of excess sediment and debris from pools on an as needed basis; S. Insuring that the introduction of other aquatic spec- ies into the anchialine pools beyond the replacement and maintenance of fishes in the main pool does not occur and that feeding of the anchialine organisms is not allowed; 7. Informing the Director of the Department of Land and Natural Resources, state of Hawaii and/or his representative should any fishes or other alien spec- ies beyond those species and numbers as given below gain access to the anchialine pools and to cover the costs of their removal for the restoration of the system; 8. Implementing the recommendations given in Appendix 8 regarding the biological resources of the ponds on the subject parcel; 9. insuring that chemicals including fertilizers are not introduced into the anchialine pools or Pond Buffer zones and that surface runoff will not enter the Pond Buffer Zones 10 lo. swimming or bathing is never allowed in the anchial- ine pooia; 11. Insure that the sewage system continues to comply with Department of Health regulations and that the system functions properly to avoid contamination of the coastal groundwater and anchialine pools; 12. Allowing county, state and federal agency personnel access to anchialine pools for purposes of sampling; 13. Complying with all of the rules and regulations as stipulated in this Managment Plan; 14. The owner or his representative(s) may elect to employ a pond manager who will serve as an advisor on matters related to the management of the anchialine resources on the property but that the day-to-day maintenance will be carried out by on-site maintenance personnolf 15. Inform any subsequent owners of TMK 6-9-07-15 of their responsibilities regarding this Anchialine Pool Management Plan. These responsibilities should be written as covenants into any permits issued for the proposed work on this parcel (TMK 6-9- 07-15). 1.6 Other Considerations This resource management and protection plan has been developed utilizing information and methodologies generally accepted in the scientific community at the time of submission. The implementation of this plan cannot guarantee total resource protection and parties involved in the preparation of this plan shall not be held liable for any problem arising in the future with respect to the plan implementation, the resource or to any individual, corporation or other entity. 1.7 Literature Cited Bailey -Brock, J.H. and R.E. Brock. '1993. Feeding, reproduction and sense organs of the Hawaiian anchialine shrimp Halocaridina rubra (Atyidae). Pacif. 6ci. A2:339-355, Brock, R.E. 1977, occurrence and variety of fishes in mixo- halino ponds of the Kona, Hawaii coast. Copeia 1977 (1):134-139. 11 Brock, R.E. 1985. An assessment of the conditions and future of the anchialine pond resource of the Hawaiian Islands. Pp.c- 1-12. ZZ: U.S. Army Corps of Engineers. Final Environ- mental Impact Statement, U.S. Department of the Army Permit Application. Waikoloa Beach Resort, Waikoloa, South Kohala District, Island of Hawaii. Honolulu, Brock, R.E. and A.K.H. Kam. 1992. Waikoloa pond program annual report. Prepared for the U.S. Army Corps of Engineers, Honolulu. Hawaii Institute of Marine Biology, University of Hawaii unpublished report. vii+66p. Brock, R.E., J.E. Norris, D.A. Ziemann and M.T. Lee. 1987. Characteristics of water quality in the anchialine ponds of the Kona, Hawaii coast. Pacif. Sci. 41:200-208. Fricke, H. and S. Fricke. 1979. Tidal -linked behavior of the shrimp Liaur uvea in a land -locked marine pool. Mar. Biol. 8U:163-167. Maciolek, J.A. 1983. Distribution and biology of Indo-Pacific insular hypogeal shrimps. Bull. Mar. Sci. 13:606-618. Maciolek, J.A. 1984. Exotic fishes in Hawaii and other islands of Oceania. Pp.131-161. In: W.R. Courtenay, Jr. and J.R. Stauffer, Jr. (ads.). Distribution and management of exotic fishes. Johns -Hopkins University Press, Baltimore. Maciolek, J.A. and R.E. Brock. 1974. Aquatic survey of the Kona coast ponds, Hawaii Island. Univ. Hawaii, Honolulu. UNIHI- SEAGRANT-AR-74-04. 73p. of Consultants, Inc. 1985. Anchialins pond survey of the northwest coast of Hawaii Island. Prepared for Transcontin- ental Development Co., Honolulu. 39p.+appendices. Standard Methods. 1985. Standard methods for the examination of water and wastewater. Sixteenth Edition. American Health Assoc., Washington, D.C. Port City Press, Baltimore, Md. 1268p. Strickland, J.D.H. and T.R. Parsons. 1972. A practical handbook of seawater analysis. Second Edition. Bull. Fish. Res. Bd. Canada, 167. 310p. Wong, D.C.L. 1975. Algae of the anchialine pools at Cape Kinau, Maui and aspects of the trophic ecology of Ha ocaridina rubra Holthuis (Decapoda, Atyidae). MS Thesis, Univ. Hawaii, Honolulu. 103p. 12 FIGURE 1. Plot plan of the subject parcel for the purpose of identifing the locations of the two anchialine pools (numbers i and 2) as well as the mauka depression that may contain water on extreme high tides (site 3). 13 1. \\ � �\� �. • � --__- �-_. . 'I.� } 1 \ �•, ' / .Pt � I� ..fie* /) • \��•� '\ (�' 1 ` ' I j(Ir � • \ \\ 1111 � � ( �(y . .� ;�/ /'� � `� ' � '' iii •'� ...` . _r..� /. / lot AV tiJy /—�. `� -'meati.}, `"'•' 1 J 14 4p n APPENDIX A. Summary of the water quality parameters measured in two water exposures on the subject property on 18 March 1996. Sample 1 is from the large pond On the parcel and Sample 2 is from the small brackish water well located about 43m northeast (inland) of the large pool. Concentrations are ug/i unless otherwise noted; ND indicates below the limits of detection. Nitrate Ammonia Total Ortho Total Silica Sample N N N P P (8 Sat) pH Pond 1 685.72 18.06 803.88 89.28 117.18 33,201.00 Pond 2 1,050.56 ND 11113.00 161.51 188.17 33,789.00 Turbidity Ch1 -A Salinity Temp. oxygen sample NTU ug/l 0/00 oc (8 Sat) pH Pond 1 0.68 2.130 2.756 20.8 92.6 7.66 Pond 2 0.04 0.010 2.597 23.4 91.6 7.82 15 APPENDIX B. Notes on the introduction of exotic fishes into anchialine ponds and their impact on native biota. 1. Background The impact of exotic fishes on native anchialine biota has been documented by Brock (1985), Bailey -Brock and Brock (1993). In general there are two classes of fishes that are found in anchialine pools of the Kona coast; the first are all native species that are usually found in marine, brackish or fresh waters and the second group are non-native or exotic fishes (Brock 1977). once in an anchialine pool, none of the native fishes are able to complete their lifecycle and require the ocean for successful reproduction. To the contrary, the exotic species are able to reproduce in the anchialine habitat and possibly colonize other nearby pools. In many cases native fishes colon- ize anchialine habitats under their own impetus; some species as juveniles seek low salinity waters moving through subterranean interstices in the porous lava substrates that separate anchia- line pools from the ocean. In other instances native fishes are carried into anchialine pools by high surf. Because of the lack of open freshwater environments (i.o., streams, ate.) on the Kona coast that are the usual habitat for most euryhaline exotic fish- es, their spread along this coastline has been primarily through intentional introductions into brackish (anchialine pool) waters. For example, people have spread topminnows to anchialine pools under the mistaken intention of controlling mosquitos or as a source of bait for fishing. The rationale for the intentional release of tilapia into anchialine pools is unknown. The most obvious impact resulting from the colonization of anchialine pond systems by native and exotic fishes is their predation on resident crustaceans, particularly the shrimps. Maciolek (1984) reviewed the impact that exotic fishes have in Hawaiian and other insular aquatic acosystams. The adverse effects of these introductions center on predation or competition by the exotic species on native species. Insofar as the anchialine biota is concerned, the greatest impact of exotic fishes is that of predation on the small native red shrimps of the system. Brock (1985) hypothesized that exotic and/or native fishes introduced into an anchialine pool can initiate a change in ecological succession. The first and most obvious chappa that may occur is to reduce and soon eliminate the hypogeal shrimp from the exposed (lighted) parts of the exosystem. Following this, a slow succession of macroalgae may establish themselves and grow epiphytically on the carbonate -producing Bchizothrix cyano -bacteria mat. with the herbivorous Halocaridina rubra present, those epiphytic macroalgae never come to dominate the 16 benthos. Without them, an overgrowth situation develops leading to the local demise of the schizothrix mat. These changes may take years to occur and thus would not be readily apparent to the scasual observer. with this change in pond flora comes a major change in the appearance of the pond system from one that has "anchialine" attributes (i.e., the oyano-bacteria carbonate producing mat, associated flora, and an aquatic fauna frequently dominated by hypogeal shrimp), to a system dominated by a mud substratum and exotic fishes. Preliminary studies (Bailey -Brock and Brock 1993) support this hypothesis. Brock (1985) presented information on the spread of exotic fishes in anchialine waters of the Kona coast] Maciolek and Brock (1974) noted that in 1972 approximately 15 percent of the ponds examined were contaminated with exotic fishes. Fifteen years later DI Consultants (1988) found that about 38 percent of the ponds inventoried along much of the same coastline contained exotic fishes and more recently, unpublished work carried out by University of Hawaii (Brock) and personnel from the U.S. Army corps of Engineers in Honolulu suggest that more than 90 percent of the anchialine resource of the West Hawaii coast is contamin- ated with exotic fishes. 2. Biological Status of Pond 1 As mentioned above, Pond 1 contains both tilapia (Tilavia mossambica) as well as aholehole (fig sandviccpsis). The removal of tilapia is very difficult in pools with a substantial mud bottom (as this pool has) with the use of the ichthyocide, rotenone. Rotenone is the only method that has been found to completely eradicate unwanted exotic fish from anchialine pools. These fishes have driven all anchialine species other than the melanid snail (M21ania sp.) from the lighted portions of the pond. since eradication of the tilapia will be difficult, we recommend that the presence of these unwanted exotics be accepted and consider that this anchialine pool be left as is. It is recommended that no new exotic fishes be released into this pool. However, since we believe this pond has contained koi (cvnrinus carDio) in the past, this species could be placed in the pool if the owner(s) so desire. A second approach would be to attempt to remove all fishes from the pond using rotenone. If successful, the pool would be open for natural colonization by anchialine species. However, the low salinity of the pond's water and the lack of porosity in the basin's bottom (i.e., large amount of sediment) are the ingredients for the unsightly green stringy algal species, Clad=ora to establish and become the dominant specie■ 17 in the system. This is not a desirable outcome for this pool If this were to occur, we recommend that the permit agencies consider allowing the release of sterile grass carp (Ctenonharvncodon idellus) and awa (Chanos chance) which are compatible with the anchialine shrimp and will keep the unwants algae down if stocked at a low density. This strategy has been very successful at one other Kona coast property. 7. Recommendations Regarding Biological Resource Management From the above information two recommendations can be madas a. Continue the status of pond 1 (as in figure 1), allowing fish; b. Develop and carry out routine maintenance of the ponds using hand methods. This maintenance may include the removal of sediment in pond 1 (as in figure 1) and leaf litter and unwanted fish; c. Protect the biological integrity of the small well pond (number a in Figure 1). is 0[NJ"" J. Ltrf TA/l0 GovfMoA OF AWA" STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION SJ SOUTH KWO STREET, S"M FLOOR HONOLULU, HAWAII 116619 February 2, 1996 Mr. Clemson Lam P.O. Box 1893 Kamuela, Hawaii 96743 Dear Mr. Lam: MICNAn O. VNUON, CHAMMOON BOARD Of LMO AND NATURAL RESOURCES 00%M 4%AfRT COLOMA-AOAAAN AQUACULTURE DEVELOPMENT PROORAIA AOVATO RIWMCKS CONSEIIVATION AND DMRMMENTAL AFFAMS CONO"ATION AND AESOURCE11 ENFORCEMENT CONVEYANCES FORESTRY AMD WRCURE fasme /IIESERVATION DIVNW LAND MANAGINIUM WAVE PARII11 WATEl1 AND LAND DEVELOPMENT LOG NO: 16450 DOC NO. 9601 MS 11 SUBJECT: Site inspection for proposed residence at Anaehoomalu Bay Anaehoomalu, South Kohala, Hawaii Island TNIK: 6-9-07:15 Thank -you for accompanying Historic Preservation Division staff archaeologist, Marc Smith, during the recent site inspection of the subject parcel on December 27, 1995. At the time of the site inspection a single modern structure was present on the parcel, a small single story beach house built southwest of an anchialine pond located new the north edge of the parcel. Several beach shelters had been removed and a large portion of the parcel has also been grubbed and graded in the past. Vegetation in the parcel consisted of coconut palms and naupaka along the beach and around the pond. The area of the parcel inspected for historic sites was the a'a flow which covered approximately the parcel's southern half, and around the anchialine pond. In 1991, an inventory level archaeological survey was completed along a portion of the shoreline which includes the subject parcel (Jensen 1991). During the recent field inspection, three of the four sites recorded during the 1991 survey were visited. Two new sites were also observed during the recent site inspection. The known sites that were visited included Site 14213, a habitation site with walls, modified outcrops and C -shapes, Site 14214, a enclosure/rock shelter habitation, and Site 14215, a platform/possible burial. Known site 14211, a pahoehoe excavation along the northern boundary was not visited during the recent inspection. Three of the sites identified by the 1991 inventory survey, 14211, 14213 and 14214 were significant solely for their information content. At the conclusion of the survey we concurred with the determination that the sites were no longer significant because adequate information had been collected during the survey. No further work or preservation of these sites is required. EXHIBIT 6 fir. Clemson Lam Page 2 It was determined that Site 14215, a possible burial, is significant for its information content and cultural significance if a burial is confirmed at the site. Based upon the conclusions of the inventory survey and the recent site inspection, we recommend that testing at Site 14215 be done to confirm the presence or absence of a burial. The two new sites located along the northern boundary included a small number of petroglyphs (several were historic Roman letters), and a small stone lined anchialine pond. Site numbers were not assigned to these new sites. These two site,; also need to be recorded, with adequate information collected to allow for significance determinations, and recommended mitigation treatment (if needed). The additional testing of Site 14215, and the recording of the new sites can proceed.at your convenience. This work will be considered as an addendum to the previous inventory survey. An acceptable report on the results of this additional work needs to be submitted to our office. Should any of these sites prove to be significant, then mitigation measures (preservation and/or archaeological data recovery) need to be worked out. If need be, interim preservation measures during construction can be developed. If mitigation is needed, a preservation plan and/or archaeological data recovery plan (scopes of work) would need to be approved by our office prior to any land altering activity or development in the parcel. If a burial is encountered at Site 14215, the excavation unit needs to be backfilled to its prior appearance to protect the burial. Then you will need to propose treatment of the burial (preservation or removal/reinterment) in a Burial Treatment Plan to be submitted to the Hawaii Island Burial Council for approval. Mr. Edward Ayau, Burial Sites Administrator (587-0010), can provide you with information as to the content of the Burial Treatment Plan, and the required procedures for Council review. If you have any comments about the above recommendations, or additional questions, please contact Patrick McCoy at 587-0006 (Honolulu), or Marc Smith at 933-4346 (Kilo). Aloha, State Historic Preservation Division MS:amk 61r. ClemsouLam Page 3 References cited. 1991 Jensen, Peter M. Archaeological inventory Survey Waikoloa Beach Resort Adjacent Coastal Parcels, Land ofAnaehoomalu and Puuanahulu, South Kohala and North Kona Districts, Island of Hawaii (Report 785-072390[r]). Prepared for Waikoloa Development Company, Paul H. Rosendahl, Inc., 111o. Report 1713-041096 Addendum Archaeological Inventory Survey Waikoloa Beach Resort Adjacent Coastal Parcels Lands of Anaehoomalu and Puuanahulu South Kohala and North Kona Districts Island of Hawaii BY Michael Halpern, M.A. • Projects Supervisor and Pall H Rosendahl, Ph.D. • Principal Archaeologist PREPARED FOR Mr. John Hojjee 68-125 West Pukaua Place Kohala Coast, Hawaii 96743 MAY 1996 ®1996 Paul H Rosendahl, Ph.D., Inc. PHRIPaul H. Rosendahl, Ph.D., Inc. Archaeological • Historical • Cultural Resource Management Studies & Services MWAII: 309 Ww u9nw Av90u9 • HIIo. H9 11 96720 • (808) 969.1763 GUAM: P.O. 8 x 23305 • G.M.F. Gum 96931 - (671) 6IIJ117 EXHIBIT 7 F6 Report 1713-041096 SUMMARY This report constitutes an addendum to PHRI Report 785-072390[r], Archaeological Inventory Survey, Waikoloa Beach Resort, Adjacent Coastal Parcels, Lands of Anaehoomalu and Puuanahulu, South Kohala and North Kona Districts, Island of Hawaii (Jensen 1991), and has been prepared at the request of Ms. Sandra Pechter Schutte, attorney-at-law, on behalf of her client, Mr. John Hofiee of Kohala Coast, Hawaii. The overall objective of this addendum report is to provide additional information required by the Department ofLand and Natural Resources - State Historic Preservation Division (DLNR-SHPD) after their re-examination of the original project area. The primary goals of the recently completed additional archaeological work were to (a) provide adequate description and discussion of three previously unrecorded sites: a small petroglyph cluster (Site 20760) and two anchialine ponds (Sites 20761 and 20762) near the northem boundary of the parcel, (b) record and test for possible burial a previously unrecognized feature in Site 14215, (c) test the previously recorded Feature B of Site 14215 for a possible burial, and (d) establish and/or revise site significance evaluations and treatment recommenda- tions as necessary. In addition, a second small group of petroglyphs (Site 20763) found near the northwest comer of the original project area was recorded. Because no burials were found, Site 14215 isjudged to be no longer significant. Sites 20760, 20761 and 20763 are significant for their information content and as good examples of their types; all should be preserved as is. Site 20762 is significant for its information content and, possibly, for its cultural content. Further data collection in the form of oral interviews and documentary research to uncover any history of traditional use of the pond is recommended. This site should be preserved as is, pending the outcome of the recommended limited additional work (Table 1). i Report 1713-041096 Em Contents Introduction - I Background • I Field Methods and Procedures I Surface Findings - 3 Site and Feature Descriptions • 3 Subsurface Findings - 6 Concluding Discussion and Evaluation • 7 References Cited • II Appendix A: Illustrations - A- I Illustrations Figure I. Project Location Map • A-2 Figure 2. Site Location Map - A-3 Figure 3. Site 14215, Feature C, Pre -excavation Plan Map • A-4 Figure 4. Site 14215, Feature C, Pre -excavation Photo A-5 Figure 5. Site 14215, Feature C, Post -excavation Photo A-6 Figure 6. Site 20760, Features A -G Map: Petroglyphs A-7 Figure 7. Site 20760, Feature A Photo A-8 Figure 8. Site 20760, Feature 8 Photo A-9 Figure 9. Site 20760, Feature C Photo A-10 Figure 10. Site 20760, Feature D Photo A -1I Report 1713-041096 iv Illustrations (cont.) Figure H. Site 20760, Feature E Photo A-12 Figure 12. Site 20760, Feature F Photo A-13 Figure 13. Site 20760, Feature G Photo A-14 Figure 14. Site 10760, Feature H Map A-15 Figure 15. Site 20760, Feature H (South Portion) Photo A-16 Figure 16. Site 20760, Feature H (North Portion) Photo A-17 Figure 17. Site 20760, Feature 1 Mop A-18 Figure 18. Site 20760, Feature I Photo A-19 Figure 19. Site 20761, Plan Map - A-20 Figure 20. Site 20761, Oblique Photo - A-21 Figure 21. Site 20761, East Profile Map A-12 Figure 22. Site 20761, East Profile Photo A-23 Figure 23. Site 20762, Map A-24 Figure 24. Site 10762, Photo A-25 Figure 25. Site 20763, Map A-26 Figure 16. Site 20763, Photo A-27 Figure 27. Site 14215, Feature 8, Pre -excavation Plan Mop - A-28 Figure 28. Site 14215, Feature B, Pre -excavation Photo A-29 Figure 29. Site 14215, Feature B, Post -excavation Photo A-30 Table Table 1. Summary of General Significance Assessments and Recommended General Treatments • 8 Report 1713-041096 INTRODUCTION BACKGROUND This report constitutes an addendum to PHRI Report 785-072390[r], Archaeological Inventory Survey, Waikoloa Beach Resort, Adjacent Coastal Parcels, Lands ofAnaehoomalu and Puuanahulu, South Kohala and North Kona Districts, Island of Hawaii (Jensen 1991; Figure 1; see AppendixAfor all illustrations). The original report had been prepared by Paul H. Rosendahl, Ph.D., Inc., for the Waikoloa Development Company and had been reviewed and accepted by the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD) (undated letter, receivedAugust 18,1994, Log No. 12434, Doc. No. 9408RC 10, to Dr. Paul Rosendahl, PHRI Principal Archaeologist, from Dr. Don Hibbard, DNLR-SHPD Administrator). The overall objective of the current report is to provide additional information requested by the DNLR-SHPD after their re-examination of the original project area. On December 27, 1995 SHPD Staff Archaeologist Mr. Marc Smith conducted a field inspection of the subject parcel. His examination resulted in the identification of two new sites (a small anchialine pond and a petroglyph assemblage). In addition, it was determined that the possible burial feature in Site 14215 (Feature B) required testing. In a subsequent phone conversation with the primary author of this report, Mr. Smith made two additional requests: (1) that a new feature (subsequently designated Feature C) in Site 14215, a small paving, be recorded and tested for the inclusion of a possible burial, and (2) that the large anchialine pond adjacent to the modem structure near the north edge of the parcel be recorded as an additional site. FIELD METHODS AND PROCEDURES Field work was conducted on March 28 and 29, 1996 by Projects Supervisor Michael Halpern, M.A., and Field Archaeologist Jennifer Frey, B.A. New sites and features were mapped using metric tape and compass (all bearings recorded with reference to true north). Aluminum tags bearing the PHRI project and temporary site or permanent feature numbers and the date were placed at each location (except Sites 20762 and 20763) and highlighted with pink flagging. Excavation units were dug by hand, using trowels, whisk brooms and dustpans where possible and appropriate. Material removed was placed in a I/8" screen for careful examination. Both units were backfilled to resemble, as closely as possible, their pre -excavation appearance. Site, feature, and excavation data were recorded on standard PHRI record forms. Each feature or site was photographed. Similarly, pre- and post -excavation photos were taken of each test unit. In addition to the plan maps of each site or feature, a profile of the major modifications to the small anchialine pond (Site 20761) was also produced. However, due to the nature of the site and the time constraints of the project, no individual feature record forms were completed for the petroglyph site (Site 20760). The current work took place at Site 14215 and in areas immediately west of Site 14211 (the petroglyphs) and south of the same site (the ponds). All these locations fall entirely within the 'Anaeho'omalu portion of the original project area, on a rough, broken as flow. The petmglyphs Report 1713-041096 are on pahoehoe outcrops between the as and the 'Anaeho'omalu Beach Park access road. The ponds lie amid the aa, but at a lower elevation, in an area characterized by apparent bulldozer clearing and the recent construction of a house (Figure 2). Report 1713-041096 SURFACE FINDINGS Four new sites and one new feature in a known site were recorded.The feature, a small paved area adjacent to the south side ofFeatureA (a wall) in Site 14215, was designated Feature C. Site 20760 is a collection of nine individual or grouped petroglyphs (labeled A -I). Site 20761 is a small, modified anchialine pond. Site 20762 is a larger, modified anchialine pond. Site 20763 consists of two petroglyphs on a pahoehoe outcrop in the intertidal zone. SITE AND FEATURE DESCRIPTIONS Site 14215, Feature C This small, irregularly-shaped paving (Figures 3-5) constitutes a newly designated feature in a known site (including Feature A, a wall broken by a path and Feature B, a small, paved enclosure). The site is in the middle of a very rough as flow south of Sites 20761 and 20762 and southwest of the parking lot serving 'Anaeho'omalu Beach Park. The paving abuts the south side of Feature A c. 1.0 in west of a path (part of Site 14196) which runs through a break in the wall. The surface consists of as gravel and cobbles (0.04- 0.10m) bounded by as boulders (0.30-0.40m) and outcrops, especially on the south. The west side is roughly level with the adjacent flow. The paving's borders are indistinct. Were it not for the adjacent wall, this feature might go unrecognized. Site 20760 (PHRI T-1) This petroglyph complex (Features A -I; Figures 6-18) occupies an area of pahoehoe outcrops adjacent to the northern boundary of the project parcel, immediately west of Site 14211 (a collapsed and excavated pahoehoe blister), and covers c. 36 by 13.5 in. The terrain consists of uneven and partly broken pahoehoe outcrops and scattered cobbles with kiawe and grass clumps. Coconut palms and naupaka grow nearby. The glyphs generally are in good condition. The several bulldozer scrape marks around Feature H do not appear to have damaged or effaced any of the glyphs. The features consist of individual or grouped Roman letters and words as well as designs pecked or incised into smooth, level or sloping pahoehoe outcrops. Opihi, Cypraea, and conch shell, several small mammal long bones, coral lumps and modem glass, paper and metal debris lie scattered in and just south of the site. Feature H was hidden beneath the low - hanging canopy and attendant litter of a kiarve tree and included several depressions in the pahoehoe which were filled with tree litter and thin humus. The other features were in the open. Features A, B, and E appear, on stylistic grounds, to be modern, though they could fall into the historic period. Features C and F are probably historic, again based on stylistic evidence. Feature D (a small circle) is of uncertain date and function. Feature G (concentric circles) could be pre- or protohistoric. Feature H combines modem graffiti (including some names figuring in Feature I) with possibly pre- or protohistoric rings and dots within rings. Feature I is predominantly modem. The one possible exception is the elaborately incised figure "51; " more reminiscent of historic glyphs. Some of the lettering and clearly modern glyphs appear to have been incised with a chisel. Depths of the letters and figures range from less than 0.005m to 0.035m. Report 1713-041096 Site 20761 (PHRI T-2) This small, modified anchialine pond, c. 37 in southeast of Site 20760, sits in a level area of as gravel and exposed pahoehoe outcrops that has been cleared by bulldozer. The whole area, which also contains Site 20762 and the adjacent modem house, is at a considerably lower elevation than the surrounding as flow. A steep, artificial bank of as gravel slopes up from the north edge of the pond, forming a berm on which sits a wooden fence screening the house from the beach access road. While there is no vegetation in the immediate vicinity of the site, coconut palms, kt'awe, naupaka, and grasses grow nearby (around Site 20762). The pond (Figures 19-12) occupies the bottom of a roughly rectangular shaft (c. 1.5 in deep) in pahoehoe bedrock. The opening is 1.80 x 1.75m. Modification in the Form of piled, stacked and aligned pahoehoe gravel, cobbles, and boulders line the north and west lips. The east edge is a faced wall (to five courses) rising from the water's surface to the level of the ground to the south (natural bedrock). The west edge is an overhang, the pond extending beneath it c. 1.6 m. A large boulder or outcrop occupies the northeast quadrant and forms part of the north edge of the pond. Its upper surface is c. 0.27 in below ground level. The west, south, and east lips of the pond stand c. 0.20 in above the surrounding ground surface. Cement has been poured over and between many of the modifying elements around the pond. Aa gravel, cobbles, and boulders occupy the floor of the pond, some stones exposed above the water's surface. Water depth was c. 0.3 in when measured, but changes with the tides. Some red algae was noted on the submerged rocks. Site 20762 (PHRI T-3) This modified anchialine pond lies amid level pahoehoe outcrops and scattered as cobbles and boulders in the same depressed area as Site 20761 (Figures 23-24). It is surrounded by coconut palms, grasses, and naupaka, and lies adjacent to the north side of a modem house. It is south of the wooden screening fence and southwest of the other pond. There is a thin layer of soil at those edges of the pond lacking modification. The pond is c. 37 x 29 in, its depth ranging from 0.24-0.75m near the shore. It is bi-lobed, the two sections being divided by a curving finger of land extending from a roughly triangular segment of shoreline. The finger reaches to within c. 3 in of the opposite shore and is covered by as gravel and small cobbles. Similar "paving," though less closely spaced, coven much of the ground around the pond. The surrounding vegetation hides much of the pond's edge. The finger and some of the adjacent edges are modified by pahoehoe cobbles and blocky boulders rising one to three courses from the water's surface or underlying outcrops. The pond is generally shallow; some parts of the bottom are covered by extremely fine, loose silt. The water is slightly brackish to the taste. A semi -circular rock alignment (c. 1.5 x 2.0m) extends into the pond from its south shore near the adjacent house. Site 20763 (T-4) During the course of the field work, local informants showed the crew two petroglyphs on pahoehoe lava in the intertidal zone west of Site 20762 (Figures 15-26). This site is very close to the northwest corner of the original project area and may, in fact, lie in the adjacent parcel to the north. Report 1713-041096 One glyph depicts the outline of a canoe in profile with crab -claw sail set. The hull is oriented roughly north -south, the top of the mast pointing makai. Two lines run from the stern to the sail. One is wavy and extends from the upturned portion of the stem to a point on the sail just abaft the mast. It could represent a sheet or a stay. The other is straighter and runs from the hull near the stem quarter, crossing the leech/foot of the sail. This could be a sheet or the inboard end of a quarter rudder or steering sweep. The other figure depicts a person, left atm upraised (assuming a front view) and holding a spear poised to strike. The right arm is bent at the elbow, the upper arm parallel to the ground and the hand hidden behind the spear and the right side of the body. The head points roughly north. The entire body of the figure (not just the outline) has been pecked into the rock. This figure is c. 0.55 in makai of the canoe. , % 4 Report 1713-041096 SUBSURFACE FINDINGS Two test units were dug in Site 14215, one each in Feature B and Feature C. In each instance the goal was simply to ascertain the presence or absence of human remains. FEATURE B: This small, ovoid enclosure (Jensen 1991:A-9), is raised above the general level of the surrounding as flow (Figures 27-29). The walls are roughly constructed of as cobbles and boulders loosely piled on as outcrops and larger boulders. The interior floor of the enclosure is a nearly level paving of as gravel and cobbles. The paving surface was removed and set aside (TU -1 occupied the entire interior of the enclosure). The loose underlying material consisted of pebble- and gravel -sized pieces among cobbles and boulders extending into the unit from beneath the surrounding architecture. Some of these large rocks form parts of the feature walls.The smaller elements were then removed until the space they occupied became too narrow for further excavation without dismantling the walls and displacing the boulders supporting them. This narrowing began 0.05-0.20 in below the surface. The excavation reached its deepest point (0.48 mbs) in the southwest comer. No stratification was observed. The subsurface material showed no ordering or structure. No ecofacts or artifacts were found, and the feature showed no signs of containing a burial. FEATURE C: TU -2 consisted of a 1.0 x 1.0 m area occupying the bulk of the feature (Figures 3-5). It was excavated as a single layer. The surface elements were removed and set aside. Subsurface pieces ranged from 0.02-0.30 in with smaller bits broken off of the larger pieces filling the interstices. There was no ordering or structure to the elements. The bottom of the unit was characterized by large as boulders solidly embedded in the surrounding material. These elements crumbled at attempts to remove them. No cultural material of any kind was found, and the unit showed no signs of containing a burial. Report 1713-041096 CONCLUDING DISCUSSION AND EVALUATION The sites located within the boundaries of the project area are assessed for significance based on the National Register Criteria for Evaluation as outlined in the Code of Federal Regulations (36 CFR Part 60) (CFR n.d.). To be assessed as significant, a site must possess integrity of location, design, setting, materials, workmanship, feeling, and association and must be characterized by one or more of the following four criteria: (A) It must be associated with events that have made a significant contribu- tion to the broad patterns of our history; (B) It must be associated with the lives of persons significant in the past; (C) It must embody distinctive characteristics of a type, period, or method of construction, or represent the work of a master, or possess high artistic value or represent a significant and distinguishable entity whose compo- nents may lack individual distinction; or (D) It must have yielded or may be likely to yield, information important in prehistory or history. Sites are also assessed for cultural significance using: (a) guidelines prepared by the National Park Service (1990), and (b) guidelines established by the State of Hawaii (DLNR 1994). The Hawaii State guidelines utilize this additional fifth criterion (Criterion E) which defines significant cultural resources as ones that "have an important traditional cultural contribution or value to the native Hawaiian people or to other ethnic groups ofthe state" (DLNR 1994). Most archaeological sites are initially evaluated as significant under Criterion D. After the evaluative process of an inventory survey, or the data recovery process of a mitigation program, the research potential of some sites may be exhausted (i.e., after extensive mapping, testing, surface collection, historical research, etc.). In these cases, the sites may maintain their information content value but lose their information content significance. Hence, the sites would be considered as "No Longer Significant" (NLS). Based on the state and federal criteria described above, Site 14215 is judged to be no longer significant. Sites 20760, 20761 and 20763 are significant for their information content and as good examples of their types; all three should be preserved as is. Site 20762 is significant for its information content and, possibly, for its cultural content. Further data collection in the form of oral interviews and documentary research is recommended. This site should be preserved as is, pending the outcome of the additional work (Table 1). In accordance with recommendations by Dr. Don Hibbard and Mr. Marc Smith of DLNR- SHPD, three new sites (20760, 20761, and 20762) and one new feature in a designated site (14215) were examined and recorded. In addition, a new site shown to the field crew by local informants was recorded (20763). r s Report 1713-041096 Table 1. Summary of General Significance Assessments and Recommended General Treatments E *SIHP PHRI Site No. Temp.No. Functional Type A Significance Category B C D E NLS Recommended Treatment FDC NFW PID PAI 14215 None Complex (indeterminate) - - - - - + _ + _ _ 20760 T- I Petroglyph complex - - + + - - - - - + 20761 T-2 Modified pond - - + + - _ _ _ _ + 20762 T-3 Modified pond - - - + +*r _ + - _ +** 20763 T-4 Petroglyph complex - - + + _ _ _ _ _ + General Significance Categories: A = Important for historical contribution to significant events and/or broad patterns of history 8 = Important for association with the lives of important individuals in history C = Excellent example of site type at local, regional, island, state, or national level D = Important for information content, further data collection necessary E = Culturally significant NLS = No longer significant, significant data collected, important for information content only, no further data collection necessary (SHPO=not significant); and Recommended General Treatments: FDC = Further data collection necessary (detailed recording, surface collections, and limited excavations, and possibly subsequent data recovery/mitigation excavations); NFW = No further work of any kind necessary, sufficient data collected archaeological clearance recommended, no preservation potential; PID = Preservation with some level of interpretive development recommended (including appropriate related data recovery work); PAI = Preservation "as is", with no further work (and possible inclusion into landscaping, or possibly minimal further data collection necessary) * State Inventory of Historic Places (SIHP) numbers: SIHP numbers are five -digit numbers prefixed by 50.10.28 (50=State of Hawaii; 10=Island of Hawaii, 28=USGS 7.5' quad map [I 982,Anaehoomalu, Hawaii]) ** Pending further investigation Report 1713-041096 Two features in Site 14215, one previously identified (Feature B) and one new (Feature C), were tested for human burials. The original tentative evaluation of the site as being significant for its information content and possibly for its cultural value (Jensen 1991:42) can now be finalized. Since no burials or other human cultural remains were found in either of the two excavated features, this site is no longer significant. In addition, the initial functional interpre- tation of the site as either an agricultural or habitation complex, or a combination of the two, now needs revision. The excavation and recording of Site 14215 yielded no evidence suggesting any particular function. More specifically, it does not appear to have served either for habitation or agriculture; its function must be considered indeterminate. Site 20760 appears to lie near petroglyphs at Site 50 -HA -E1-300 recorded by Cox. However, the site does not appear on the larger scale Figure 76, Map of Petroglyphs in Anaehoomalu (Cox and Stasack 1970; James 1995). The petroglyphs seem to have been created over a wide temporal span, from the pre- or protohistoric to the modem. The dot -and -ring, ring and partial ring motifs were common in ancient Hawaii. The first two of these have been reported to be associated with the recording of births or the disposition of an umbilicus (piko) after childbirth (Cox and Stasack 1970:23, 68, Figure 94; James 1995:121). The location of the field near the boundary between the districts of South Kohala and North Kona is also typical of prehistoric glyphs (Cox and Stasack 1970:20). While some of the lettering of Features H and I is clearly of modern origin (sharp, chiseled lines, the date "1980; 'Figures 6, 14-15, 17-18), some appears to fall into the historic period.The style of lettering in Feature C is very close to that of other `Anaeho'omalu petroglyphs (one of which includes the date "1862") depicted in Cox and Stasack (1970:Figures 76, 77 and 79). In addition, the use of "Opuna" instead of the more modem "Puna" in Feature C harks back to an earlier time. These petroglyphs are generally very different from those at Site 14193 where anthropo- morphic motifs predominate. However, a similarity to the lettering style of Features C and F can be seen in the one clearly post -contact example in Site 14193 (Jensen 1991:Figure 4, Panels 3 and 4). Site 20760 is judged significant for its information content and as a good example ofits type not only because it contains pre- or protohistoric petroglyphs illustrative of culturally important events, but also because it demonstrates temporal and spatial continuity in the use of petroglyphs to mark human presence and activity. Therefore, this site should be preserved as is. Anchialine ponds (such as those constituting Sites 20761 and 20762) have long been a traditional Hawaiian resource, serving both as a source of refreshment and a breeding ground for 'opae 'ula, the small red shrimp used as bait for 'opelu (Kelly 1973:76) and other fish. The `Anaeho`omalu area holds "[t]he largest single concentration of anchialine ponds on the Kona coast and in the state..." These ponds are notable for their unusual fauna (Maciolek and Brock 1974:16). Sites 20761 and 20762 seem to correspond to the ponds numbered 47 and 48 in the aforementioned report (p. 27). An archaeological survey of parts of South Kohala appears to depict the grove of coconut palms in which Site 20762 is located but without mentioning either pond site (Barrera 1970:Permanent Site Map). The faced wall and other modifications around the edges of Site 20761 probably date to the pre- or protohistoric period. The concrete on and in the wall was clearly a later addition since it does not serve as bedding or mortar between adjacent stones. It is possible that this pond was :•t Report 1713-041096 hidden until the area was cleared for the construction of the embankment supporting the wooden fence north of the site and/or the house adjacent to Site 20762. This activity took place in 1978- 79 (Mr. Ken Melrose, Waikoloa Development Co.: personal communication). The foot of the embankment rests just centimeters from the north edge of Site 20761. Site 20761 is judged significant for its information content and as a good example of its type. Despite the recent cement alteration, the original stonework remains intact. The original report concludes (Jensen 1991:39) that the inhabitants of the area "relied most heavily on marine resources for subsistence." The use of this pond as a source of bait would have been a natural adjunct to these activities. Therefore, the site should be preserved as is. The modifications around part of the shore of Site 20762, on the other hand, appear distinctly recent. Mr. Melrose (personal communication), the builder of the adjacent house, recalls the modifications as being much as they are now at the time of construction. It is possible that this stone work was done by Parker Ranch employees. This parcel and nearby beach were used as a company recreation area from the 1960s until the land was sold in 1995 (Mr. Dave Ramos, Parker Ranch:personal communication). Thus, while this pond was probably used in pre- or protohistoric times, there is no clear surface or structural evidence of such activity. Nonetheless, Site 20762 is regarded as significant for its information content and may well have cultural value. Its proximity to the other sites of the original project area and Kahapapa and Ku`uali`i fish ponds (north of the project area; Figure 1) lends weight to the assumption of prehistoric use. It is also a source of small fish today (personal observation). Therefore, it is recommended that limited additional documentary research and interviews with local informants might be conducted to ascertain when and by whom the modifications around the pond edge were built and to differentiate prehistoric and traditional historic from modem use of the pond. The site should be preserved as is, pending the results of any additional data collection. The two outlying petroglyphs in the intertidal zone (Site 20763) likely are also pre- or protohistoric. They are executed with some care and attention to detail in a spot a casual graffiti artist might choose to avoid because of the recurring tides. The themes are traditional and other glyphs typical of the pre -modem period (e.g., a papamu) lie just outside the project area to the north (Cox 1971:Figure 76; Dr. Barbara Lass, University of Hawaii, Hilo:personal communi- cation). In addition, since the crab claw sail disappearedjust after European contact, its presence in petroglyphs attests to their antiquity (Cox 1971:117). Site 20763 is judged significant for its information content and as a good example of its type because of the themes and quality of the glyphs. The subject matter and location support the aforementioned conclusion about the exploitation of marine resources by local inhabitants (Jensen 1991:39). Thus, the site should be preserved as is. Because of the significance of the four new sites recorded during the current project (20760, 20761, 20762 and 20763), it will be necessary to devise a plan for their preservation in order to ensure their integrity in the midst of modern human activity. In addition, a plan must be generated for the gathering and evaluation of additional information on Site 20762. Final determination of the status of this site will depend on the outcome of this research. 10 Report 1713-041096 REFERENCES CITED Barrera, W. 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, Hawaii. 1970 Phase I. Archaeological Survey of Boise -Cascade Holdings in South Kohala, Hawaii. Department of Anthropology, B.P. Bishop Museum. Honolulu, Hawaii. CFR (Code of Federal Regulations) n.d. 36 CFR Part 60: National Register of Historic Places. Department of the Interior, National Park Service, Washington, D.C. Historic Sites Section, Division of State Parks, Department of Land and Natural Resources. Cox, J.H. 1971 Appendix B. Results of a Preliminary Investigation of the Anaehoomalu Petroglyphs. IN W. Barrera, Jr. Anaehoomalu: A Hawaiian Oasis, Prelimi- nary Report of Salvage Research in South Kohala, Hawaii. Pacific Anthropological Records No. 15. Department of Anthropology, B.P. Bishop Museum. Honolulu, Hawaii. Cox, J.H., and E. Stasack 1970 Hawaiian Petroglyphs. B.P. Bishop Museutn Special Publication 60. Bishop Museum Press. Honolulu. DLNR (Department of Land and Natural Resources) 1994 Title 13, Subtitle 6, Chapter 146. Rules Governing Procedures for Historic Preservation Review. Department of Land and Natural Resources - Division of State Parks, Outdoor Recreation and Historic Sites. (Draft; November 1989) James, V. 1995 Ancient Sites ofHarvai'i: Archaeological Places oflnterest on theBiglsland. Honolulu: Ho'omana`o Arts. Jensen, P.M. 1991 Archaeological Inventory Survey, Waikoloa Beach Resort, Adjacent Coastal Parcels, Lands of Anaehoomalu and Puuanahulu, South Kohala and North Kona Districts, Island of Hawaii (TMK:3-7-1-03:10;3-6-9-07:15). PHRI Report 785-072390(r]. Prepared for Waikoloa Development Company. Kelly, M. 1973 Appendix B. Historical Background of Kekaha, North Kona, Hawaii. IN P.H. Rosendahl, Archaeological Salvage of the Ke-Ahole to Anaehoomalu Section of the Kailua-Kawaihae Road (Queen Kaahumanu Highway), Island of Hawaii. Report 73-3, Department of Anthropology, B.P. Bishop Museum, Honolulu. Prepared for Department of Transportation, State of Hawaii. Report 1713-041096 Maciolek, J.A., and R.E. Brock 1974 Aquatic Survey of the Kona Coast Ponds, Hawaii Islands. Seagrant Advisory Report UNIHI-SEAGRANT-AR-74-04. University of Hawaii Sea Grant College Marine Advisory Program. NPS (National Park Service) 1990 Guidelines for Evaluating and Documenting Traditional Cultural Properties. National Register Bulletin 38. U.S. Department of the Interior, National Park Service, Washington, D.C. 12 Report 1713-041096 APPENDIX A: ILLUSTRATIONS Contents Figure 1. Project Location Map - A-2 Figure 2. Site Location Map • A-3 Figure 3. Site 14215, Feature C, Pre -excavation Plan Map • A-4 Figure 4. Site 14215, Feature C, Pre -excavation Photo (Neg.5078:27a) A-5 Figure 5. Site 14215, Feature C, Post -excavation Photo (Neg. 5078:32a) A-6 Figure 6. Site 20760, Features A -G Map: Petroglyphs A-7 Figure 7. Site 20760. Feature A Photo (Neg.5078:1a) A-8 Figure 8. Site 20760, Feature 8 Photo (Neg.5078:2a) A-9 Figure 9. Site 10760, Feature C Photo (Neg.S078:5a) A-10 Figure 10. Site 20760, Feature D Photo (Neg.5078:7a) A-11 Figure 11. Site 20760, Feature E Photo (Neg.5078:9a) A-12 Figure 12. Site 20760, Feature F Photo (Neg.5078:10a) A-13 Figure 13. Site 20760, Feature G Photo (Neg.5078:12a) A-14 Figure 14. Site 10760, Feature H Map • A-15 Figure 15. Site 20760, Feature H (South Portion) Photo (Neg. 5078:140) A -I6 Figure 16. Site 20760, Feature H (North Portion) Photo (Neg. 5078:16a) A-17 Figure 17. Site 20760, Feature I Map • A-18 Figure 18. Site 20760, Feature I Photo (Neg.S078:i9a) A-19 Figure 19. Site 20761, Plan Map • A-20 Figure 20. Site 10761, Oblique Photo (Neg.5078:20a) A-11 Figure 21. Site 20761, East Profile Map • A-22 Figure 22. Site 20761, East Profile Photo (Neg.5078:12a) • A-23 Figure 23. Site 10762, Map - A-24 Figure 24. Site 20762, Photo (Neg.5078:34a) A-25 Figure 15. Site 20763, Map • A-26 Figure 26. Site 20763, Photo (Neg.5078:36a) A-27 Figure 27. Site 14215, Feature B, Pre -excavation Plan Map - A-28 Figure 28. Site 14215. Feature 8, Pre -excavation Photo (Neg.5078:25a) A-29 Figure 29. Site 14215, Feature 8, Post -excavation Photo (Neg.5078:29a) A-30 A-1 •a o Report 1713-041096 HAWAII 0 lOMllef u South Point Waawaa Point Lao o Puill\ LAHUIP A Iliilinaehehe Bay , Lulahals Bay , r • • Point i1 ^, de nd N...hine Rook V ' Y i u X941 Z 4 /�G tp._.. - 4 Waiulua Bay N Pohakuakesht• Kaauau Pt• a I ft 0 1000 2000 0000 Anaehoomalu Pt 200 goo e00 Boo F?�PaPa'. � 4• Anaehoomalu Bay gaf� 1Fi,hya %hfkulu+ 1100 I,• o Hliaka o a e tUU k�dt>s k 6t�f Ka "a toM !� ADDENDUM; p -• PROJECT AREA a Akahu Kafmu•' 1 ! Figure 1. Project Location Map IV� A-2 lss•w '1 Ulltu . ,. ,•' HAWAII 0 lOMllef u South Point Waawaa Point Lao o Puill\ LAHUIP A Iliilinaehehe Bay , Lulahals Bay , r • • Point i1 ^, de nd N...hine Rook V ' Y i u X941 Z 4 /�G tp._.. - 4 Waiulua Bay N Pohakuakesht• Kaauau Pt• a I ft 0 1000 2000 0000 Anaehoomalu Pt 200 goo e00 Boo F?�PaPa'. � 4• Anaehoomalu Bay gaf� 1Fi,hya %hfkulu+ 1100 I,• o Hliaka o a e tUU k�dt>s k 6t�f Ka "a toM !� ADDENDUM; p -• PROJECT AREA a Akahu Kafmu•' 1 ! Figure 1. Project Location Map IV� A-2 Report 1713-041096 Figure 2. Site Location Map ♦��14211 (QUARRY) 6 ♦ +4 20761 (POND) ♦ 20760 / 0 (PETROGLYPHS) + I 00♦ / %20762 (POND) ' 20763 (APPROX.) (PETROGLYPHS) L� HOUSEILANAI ' 14214 `• (HABITATION), 14215 14211 �i (INDETERMINATE),` ' (HABITATION COMPLEX) 14212 (HA!r ATION) h o loo 200 300 m 20 46 60 90 * WOODEN FENCE 14196 TRAIL(TRANSPORTATION) A-3 Report 1713-041096 Figure 3. Site 1421S, Feature C, Pre -excavation Plan Map A-4 �: k1C '. eq,,T1: �.. r.:.t ;�^YF T /4 a v � « w � §� y � ��� t v®©� � � � � / . ?�� � � � > w �� �� � \ \� � � : � � � d 1 7 0 J Report 1713-041096 Figure 8. Site 20760, Feature B Photo (Neg.5078:2a) A-9 n 7 �l LJ Report 1713-041096 Figure 9. Site 10760, Feature C Photo (Neg.5078:Sa) A-10 n 4 Report 1 7 13-04 1096 Figure 10. Site 20760, Feature D Photo (Neg.S078:7a) A-11 til Report 1713-041096 Figure 11. Site 20760, Feature E Photo (Neg.S078:9a) A-12 Report 17 13-04 1096 Figure 12. Site 20760, Feature F Photo (Neg.5078:10a) A-13 J1 Report 1 713-04 1 096 A-14 Figure 13. Site 20760, Feature G Photo (Neg.5078:12a) Report 1713-041096 A-15 Figure 14. Site 10760, Feature H Map 0 Report 1713-041096 1 r 40 Figure 16. Site 20760, Feature H (North Portion) Photo (Neg. 5078:16a) 7 A-17 Report 1713-041096 A-18 �� x x— ■ x ■ x fi U s♦ .I 7c - PEIEKSME it II n4. N rETE D ASM R 0 IA 10 0.0 l0 m 03 I.0 � OtDOi —R—• uTKn FEMCE E�Dat DATUM 0 M 5 MY TRW Figure 17. Site 20760, Feature 1 Map Report 1713-041096 ml Figure 18. Site 20760, Feature I Photo (Neg.5078:19a) A-19 t Report 1713-041096 �—TO OCFAN "VA TYRE CONT U YMDRR SGA UNEL N � wuooaRuvetm u cRAva R s I.o io xo ao ¢{ IA ;tea •®ROIX w WATT Ruw DaBfr Y1W®IROOiS �' Sl0lE SRR DATYN ... CANTf1UATMSNaurA TYRR Figure 19. Site 20761, Plan Map A-20 Report 1713-041096 Figure 20. Site 20761, Oblique Photo (Neg.5078:200) rI a - A-2 I E Report 1713-041096 EAST WALL CEMENT BETWEEN RO Figure 21. Site 20761, East Profile MOP A-22 U Report 1713-041096 HOUSE (r r m � _ ® HOOR'IrA'rION AROUND SOIO ySOeTATIO (MUIM MU/ARA. UDUR M SAW GRASf) Figure 23. Site 20762, Map A-24 1 j Qf AN hk •. +�-�y""�, i �a 47 F / A rl Report 1713-041096 A-26 Report 1713-041096 Figure 26. Site 20763, Photo (Neg.5078:360) A-2 7 e Report 1713-041096 TU -I • ww G"VEL -AND CORlLU N R 1.0 10 310 4.0 m �OS =0 �y 0®ROtl[ H=U. -MI tR.I.OD GWrWA WrEWR Figure 17. Site 14115, Feature B. Pre -excavation Plan Map A-18 Report 17 13-04 1096 Figure 28. Site 1421S, Feature 8, Pre -excavation Photo (Neg.5078:25a) A-2 9 sdv .4.' ' it 1C. ARCHAEOLOGICALMISTORICAL SITES SURVEY PURPOSE The intent of this report is to survey and record any archaeological evidence within the impact area associated with the building of a Cedar Homes pavillion on land be- longing to Richard Smart at Anaehoomalu. The term "impact area" is being defined as the area to be graded for con- struction purposes as well as an additional 150 ft. of buffer zone around the disturbed area. Although this buffer zone is not to be physically disturbed by planned construction, this report hopes to supply a baseline of information, recording sites that may be adversely effected as the future use of the area increases. THE SITE Tax Key parcel 6-9-7-15 lies in the i'li of Anaehoomalu, South Kohala and borders the district boundary line be- tween S. Kohala and N. Kona at its makai end. Immediately north of the parcel is the area presently being developed as an intensive destination resort area by Boise -Cascade. Approximately 120 ft. from the northern boundary and 200 ft. from the ocean is a small tidal pond surrounded with a cluster of coconut and kamane trees. The pond is of irregular shape and, although not physically connected to the ocean, fluctuates with tidal changes. Previous developement of the parcel has seen the grading of an access road from the public parking area constructed by Boise -Cascade to the cluster of beach shelters built some years ago for the recreational use of Parker Ranch employees. A low protective bank has also been constructed to encompass the northern half of the tidal pond, affording it a degree of privacy from the soon to be expanded resort developement. The pond itself has been marginally im- proved in recent years to enhance its oasis character. The area currently under study lies to the south of the pond and will include the grading of approximately 10,000 sq. ft. of a's lava in a corridor as defined on the attached map. A proposed grading corridor 50' x 125' will wthorized Dealer: :edar Homes of Hawaii—Hawaii .4-1066 Mamalahoa Highway Post Office Box 1229 ,amuela. Hawaii 96743 elephone: (808) 885-4228 EXHIBIT 8 -2 - connect the existing roadway with the pavillion site and a 50' x 50' graded pad will supply a level foundation for the proposed construction.All areas to be graded were staked by the contractor prior to the archaeological survey. ARCHAEOLOGICAL BACKGROUND In 1971, William Barrera, Jr. conducted a prog�m of survey and salvage research in the Anaehoomalu'i li with a contract from the Bishop Museum and Boise -Cascade. The results of this study have been published as Number 15 of the Pacific Anthropological Records, "Anaehoomalu: A Hawaiian Oasis, Preliminary Report of Salvage Research in South Kohala Hawaii". Since the project was undertaken by Boise -Cascade to investigate it's lands prior to resort developement, the study concentrated on Boise's 850 acres and not on the 10 acre parcel retained by Richard Smart. Due however to the geographical inter -relationship of the two parcels, Barrera's investigation did include con- tact with the impact area presently in question. Several references are made in the published site report regard- ing this area, and it might be commonly accepted that the hypothesized tamporal growth pattern for the Anaehoomalu i'li that Barrera suggests would apply in general to the Smart parcel as well. IMPACT AREA The area that will be referred to as the impact area includes the area immediately adjacent to the fish pond and an additional 200 ft, south of the pond. This is substantially more area than will be directly disturbed by proposed construction but will provide a context from which to look at the grading area specifically. Within the impact area were the remains of several site clusters and a variety of footpaths that ran between them. For the most part these clusters consisted of low c shapes, crudely walled rectangular structures and a small habit- ation cave with concentrations of midden material associated with several of the sites. Four basic cluster areas were identified; three were lying south of the pond and a fourth found to the east on the fringes of the coconut grove. All of these sites had visibly worn footpaths associated with them and one seemingly well traveled trail extended the length of the study area, continuing east towards the Puako-Kiholo trail. None of the trails appeared to have been con- structed, nor were they marked with coral or cairns. For the purpose of the archaeological record all sites within the impact area will be sketched and briefly described as part of an appendex to this report. None of the site clusters lie within the area to be graded, the closest being a rough rectangular structure lying some 50 ft. south of the proposed grading. The only archaeological evidence to be found within the proposed grading area is a segment of a footpath that skirts the south end of the pond and continues east across the a'a flow. This trail was identified by Barrera and labeled 50 -HA -E1-239. His description reads " This trail led from the small pond S of Kuuali'i Fishpond into the district of North Kona through an area of ex- tremely rough, sharp pahoehoe. It was not marked by coral or cairns, but was deeply worn into the lava." (Barrera, 1971, p.91). Further examination of this trail suggests that it served as one of the arterial routes connecting the by-pass trail from Kiholo to Puako with the beach at Anaehoomalu. Several secondary trails then branch off of this main route, connecting small clusters of sites that may well have served as temporary shelters for travelers or short term residents of the i'li. A section of the trail about 150 feet in length will be disturbed by the proposed grading, therefore a map and photographs are attached to record its original location. No other archaeological sites lie within the proposed grading area and there is basically no salvage work to be carried out on an unconstructed section of footpath. For that reason there appears to be no evidence that the proposed grading would destroy any otherwise unretrievable archaeological information. s goal Nalh. i a ve t; X -- 7-, -�Ik - - -- '- 777;�.. 119 14-.0 ov I r —'. A, 4A AT AI 0 a -6- SITE CLUSTER #1 This cluster of sites consists of 3 componants. First a sizable shelter cave with an 8 foot wide entrance and a roughly circular interior approximately 15 feet in diameter. The floor of the shelter shows signs of fire and a scatter of midden and recent trash attesting to its use. Just outside of the shelter is another midden concentration consisting mainly of cowrie, opihi and pipipi shells. Secondly, a small alignment of rough lava stones appear in connection with the top of the shelter. (note shelter cave close up photograph) The third componant in this complex is a substantial c shaped wall approximately 6 feet wide. The wall en- circles a sizable midden concentration, attesting to a rather intensive use of this site as a food preparation and eating area associated with the shelter cave. CAW' Zp 00 iws SITE CLUSTER #2 This cluster consists of 4 rather scattered componants. First there is an amorphous rubble platform that abutts a stone outcrop (see Photo #5Y. The rubble measures about 12 feet in length and shows no sign of what purpose it might have served. Ten feet to the east of this rubble platform is an ex- tended C shape wall that runs along a rising stone out- crop. A midden and ash concentration is evident on the leeward side of the wall suggesting a somewhat concentrated use over an extended period of time. A third componant is another small C shape enclosure shown in photo #6. This site lies closest to the proposed grading area and bears only a small amount of midden within its enclosure. The fourth componant is a small, almost straight, wind break wall that was probably used for protection only when other options had been exhausted. This cluster might certainly have been associated with the shelter cave cluster but does not seem to have been used as intensively judging from a comparative look at midden remains. �, / ,tom ,:. �t 'I��I,I•,. � ( Y�y to v�'� �i,;- Ark. azi&w ��� • �, . ��., .�. � �' .?QST-� # (��•� ; �)�... a�. � ,. �, - 41 14 riff - ,... ' j`•+;- � _:rt. 2 .r" «" + .+ ;-�:!' !°: . ?4,� Q ^ �(�y �,% •'���'.�.�•.�Ai�•;�,\►:'��9 +♦•; F�;j!a., XQj.. a\•iZ;J��_•i _.�Nr ���.yy..��yyy``sli •�.Sj � .,Pi. ,! �,•t tr-:� ��.:4: • � :�,t•4 �•'�•�` '�.a - * -10- SITE CLUSTER #3 This is a poorly defined and rather amorphous con- glomeration of suspicious stone rubble. Because this site lies in a protected low spot in the lava flow it may also have been used at a point in time when pop- ulation pressure deemed it advantageous. There are no specific wall structures associated with this site but the location of unnatural rubble suggests at least a passing use. SITE CLUSTER #4 This area consists of two isolated sites approximately 50 feet apart and lying to the north of the pond on the finges of the coconut grove. Furthest to the east is what remains of a small double faced core filled C shaped.structure lying beside a trail alignment that leaves the pond heading east. To the west and approximately 10 feet from the edge of the pond is a single stone alignment that forms a ledge 2k feet high. The purpose of this site was not immediately determined. -BIBLIOGRAPHY- Barrera, William Jr., Number 15, Pacific Anthropological Records. "Anaehoomalu: A Hawaiian Oasis". Dept. of Anthropology, Bernice P. Bishop Museum Honolulu, 1971 A dh ..' •.. ' y,}ltgt,yr7c'tY Iftvr:.•4 �.e il•yr.'r+yYflfsr,(t.. ry.c1'it;l' �.S :,.1`q� •✓'E?•iti `{7 AI ^IY)!` .. +"'IMit Yfi:^. ('v♦ I t - I :N1'Ir r.'t7:Y.�rl7 k. MW ux M=q ax TUM aR=earr701 T=s ZIUMANUP fade this 181h day et oe-�bzf— 0 loss, by add b♦tweep mum J. ammetwo, vzi+1 B. =V -M atilt GAXZA A. CMZBOXF TM 219011 Oaf TR= 8202 YtD AMT 3urvo eh= PMOMA Tnum ala nun ;ihim, having all powers under said trust agreement, including full power to sell, convey, sv4bange, mortgage, lease, assign or otherwise deal with and dispose of all lands of the trust! estite 'aid'1nt6r' GA1'ts' thbrei2k', eco' Assianor`; and ,7OM t!. Navy= ZZ, 9MUR '== OP 1'=E dol We NO"M. tt' RM dR71=I sRUSIZ bAT=A AV= 15t 1993, having all powers under saia trust agreement, including full power to sell, convey, exchange, mortgage, lease, Resign or otherwise deal with and dispose of all lands of the trust rkstato and interests therein, as Assignee, whose mailing address is. 22412 6treadside court, muirrieta, California 92562, WHER U.,the Aasignor wishes to sell and assign, and the Assignee wishes to;purchase, accent and asautsce, all of the richt, title and interest of the Aasignor, in, to and under that certain unrecorded Agreement For The Sale Of Water by and between the Assignor, referred, to therein as either the "Trustees■ or the "owners of the Property", and walr ua moRZ VTXZZTZzN ZM- , a Hawaii corporation which is a water utility regulated by the public Utilities Commission of the staof Hawaii, referred to therein and herein as "PRN", dated ori►' /L , 1995s. a true and exact copy of which is arta a hereto as Exhibit "A" and incorporated hereon by reference, hereinafter called the "Agreement", and all extensions, renewals, supplements and/or modifications of the Agresmant, covering the distribution of water to that oertain rehl property identified by Tax Map xey Ho. 3rd. Div. 6-9-7t 15, being a i0 &ere parcel 3-004ted.,at Anachoomalu Bay, South Kohala, Zsland and county of Hawaii, state tit"'Rawaii, hereinafter called the "property", and all rights, powers, security, privileges, options, remedies and other benefits of the Assignor under the -Agreement; NOR, THOWORB, in consideration of TEN AND 90/100 DOI,IAM ($10.00) maid by the Assignee, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements of the Assignee hereinafter contained on the part of the Assignee to be'faithfully kept and persotmsd, and tor and in EXHIBIT 9 consideration of other good and valuable consideration given by the Assignee, receipt whereof is hereby acknowledged, the Assignor doss hereby *&sign, transfer, set over and deliver to the Assignee all of the Assignors right, title and interest in, to and under the Agreement, subject to the assumption by the Assignea, effective as of the date hereof, ofthe duties and obligations of the "Owners of the Praperty" named in the Agxea.ent and snbjeot also to the observance and performance by the Assignee of all of the covenants and conditions contained in the Agreement, which, according to the terms and provisions thereof, and except for this assignment, are or Ought to be observed and performed by the "Dimers of the Property" named therein. AND the Aanignee, in consideration of the promises, does. hereby promise , cOvIMat�� anS! •.,agyee to .At 1, with the , Aesig�no�¢y pmd to and with the other :par lea" ands: tie Agreemen#, •.the Asex9n g,_._.. will, effective as of the date hereof, perform the duties and obligations of the "Owners of the Property■ named in the Agreement and will also faithfully observe and perform all of the covenants and conditions contained in the Agreement which, except for this assignment,, aro•.,or • aughtvnto:<be observed ;and .performed by the "Owners of the Property" therbin naso, and will at all times indemnity and save the Assignor harmless from and against the nonobservance of the covenants and conditions contained in the Agreement on the part of the "Owners of the Property" therein to be performed from and alter the date hereof, An the xssignor does hereby covenant with the Assignee that the Assignor iis the lawful owner of the interest of the nOvnere of the Property" under the Agreement; that the Agreement is free and clear of and from all liens and encumbrances; that the Assignor has good right to sell and assign their interests under the Agreement. I ,. ... , > gee.. IW . ft ix XITNSSS FINMMV, the Assignor and the Assignee have caused these preaenra to be executed on the day and year first above written. TRE A=CM7111D WMT RBYOMBLS XR . !(EL - . Ai1fBT'l;- TitOSTes •---r---- 1!10t, TIM - L I 1 m 'w X80 =_ hiewmelow OP TRUBT OATZO RPM S• '=!!S • �1�asignse" e ,q,. , 1...1.(...](If,^.}: .;f 12'lSii !:. 'j 'a .:r:ilr {.1i.,; V..+-. Ili 17- e ,ifj:• ., ,.., - .Y: .r.l .. .. .7a Yl«.". ll: •pI :l :. rl r. AGREEMENT FON SALE _ OFF WATER ! ed • '!•r. j .,,!r ,•..d PrKln >1rtS 1 r.r I '• .. wa. AGR MMNT is entered into this.- (%C b , 1995, by and between wAIKo�OA RzabuT UTILITIES, INC., a Hawaii corporation, which is a water utility regulated by the Public Utilities Commission of the state of Hawaii, hereinafter called "WRU", and WARREN J. GUNDERSON, M=VIN S. HEMT and CARL, A. CARLSON, THE TRUSTEES OF THE RICHARD ,SMART ROOCABL$ PERSONAL TRUST, dba PARR RANCH, having all"powera under said trust agreement, including full power to sell, eohvey, exchange, mortgage, lease, assign or otherwise deal with and dispose. at. all, lands, at.�#he trust,, estate and interests therein, hereinafter coilectiyely:=na Xmd :'— either the "Trustees" or the "Owners of the Property"; X S X N a S N 2 T H: WHLRMS, the Trustees and WRU desire to enter into a . privet-WR`-Wi11"prc a water (but no other cervices) to the Property as hereinafter described. NOW, THXPXFDRE, for and in consideration of the mutual covenants and agreements contained herein, WRU hereby agrees to sell water to the Owners of the Property under such terms and conditions as are not forth herein: 1. PROPER= SZMD. pater furnished pursuant to this Agreement it to be rurniehed only for use on that certain 30 -acre parcel of land located adjacent to, but not part of, WRUls service area at Anaehoomalu Bay, South Kohala, County and State of Hawaii, which property is identified by Tax Key No. 3rd Div. 6-0-7 :16 (the "Property"). Any extension of water service outside the boundaries of the Property, unless expressly authorised by WRU in writing, shall constitute a breach by the owners of the Property and result in WRUls cancellation of this Agreement, as hereinafter provided. Z, Z=IMUIQX OE-SERVSCE ARES. It is understood and agreed that this Agreement to furnish water outside of wRUIa service area is not, and shall not be construed as, an extension of WRU{s service area and shall in no way obligate wRU to supply water to any property, or at any time, other them 1. as expressly provided herein. 3. TM. The term of this Agreement shall be fiVO (5) years, with automatic annual renewals from year to year thereafter, unless and until cancelled by either party with notice to the other party, as hereinafter provided. rhVL/5oMp/d1wrsr.&vrc Fri an 6 16:33+36 1998 e �i. •.Y. rp7 >I+� .r 9• ii ..rt.i 1".. ..,� .rin. .;f 12:1nt 11'•+' :J� ;li ,.. � ., 7 .. r �I�e. .. .'r•.` :rte.: .''f3 �:: .. ir- �.i . �• . . .. ::: lu:� o -y' a, ' i. cis s L'PH+. ! i �.� 4. a C JdU12N 8_Y_ WRU. WRU reserves the right to cancel this Agreement • andterminate water s0rv4ceA.o,., the Property within'tifteen..(ls) days' written notice .(ij,r.upon .breach of.any of -the provisions of this Agreement by the owners of the property, or (ii) upon the issuance of an order by the Public Utilities cass:ission to so cancel this Agreement, or (iii) a determination by the Public Utilities Commission that the service rendered hereunder violates any rule or regulation governing the operations of Me or (iv) a determination by IRU that the services rendered hereunder impose upon IRU unuaunl costa, contributions, taxes or expenses which the owners of the Property are not willing to cover. Provided, however, that in the event of any issuance, of .a notice of .a breach by the,. Owners of the Property,. the' owners 'of the Property g,l.ha�. have 'thii*W (30) days from the data of their receipt of such notice to cure such breach and thereby reinstate their rights under this Agreement. S. rA CMLWjgN BY MIRE OF PMQtl E=. The owners of the Property may cancel thio Agreement, with or without causes at any time by providing WRU with thirty -30) dysi_ e f i3 an alfa% on. 6. nUAAZ=. WRU will initially furnish the property With a maximum of 30,000 gallons of water per month, which represents;the quantity of water historically supplied to the Property and 'the beach facility located thereon. Provided, however, that in 'the event of a change in the Property'a current County oi? Hawaii zoning designation and/or any change in the legal use of the Property, LABII will consider increasing the quantity of water distributed to the property to an amount not to exceed 90,000 gallons per month in order to serve a maximum of four single family dwelling units. 7. U,Sj. The water supplied by WRU to the Property is to be used for no more than four single family dwellings and their respective auxiliary uses, i.e-, irrigation of landscaping. Provided, however, that nothing heroin shall prohibit or restraain, or be construed to prohibit or restrain, the owners of the', Property from changing the Zoning Of the Property, subdividing the Property and/or submitting the Property to a condominium property regime and the quantity of water to be provided to,the Property shall not be reduced or increased in excess of 90,000 gallons per month as a result of any such rezoning; subdivision and/or condominiumization of the Property. d. The rates the Owners of the Property shall pay WRU for:the water furnished under this Agreement shall be as f011ows: ! 2 4 ,'? :a :y!•1't?.TS ,(a) ..:A!mxnlm4 m, monthly sgxvice, fee,. based;. an a 2 inch lineservicing: dii*_matet: ,"$36,.80.,per month...' ;�. '(b) : In addition there will be a monthly,• water quantity►, charge bgt $1.60, per X.000.0, gallons. The The fees payable hereunder may, upon notification from WRU, be changed at any time and from time to time based upon and equal to such new tariffs as approved by the public !Utilities Commission of the State of Hawaii for WRU's Water service to its regular customers. 9. ELM . 12r -'-TNI.• :Water shall be i furnished to the Property through a pipeline of .not, ,lesa._than,-one—.(.1) diameter. WRU shall be responsible for the maintenance and upkeep of this pipeline up to the boundary line of the Property, WRU shall have the right to relocate the water meter presently servicing the Property from its present location at the beach public restrooun facilities to a location nearer to or on the boundary line -of the Property and upon such relocation reasonable eosts'incurred by WRU in effecting such relocation. The owners of the Property hereby acknowledge that the current pipeline serving the Property (which is two (2) inch in diameter) does not meet Department of Water supply of the County of Hawaii' standards and presently rums above the ground over properties owned by third parties. With respect thereto, the Owners of the property shall bear the risk and be responsible for a reasonable share (as fairly allocated by WRU among the users mf such portion of the pipeline) of any and all costs of installation, maintenance, repair, relocation and/or removal or burial of such above -ground pipeline on the third party propertise'to bring it into conformance with Department of Water supply standards and to satisfy the County of Hawaii's or other governmental agencies' development requirements. Furthor, the owners of the Property shall be solely responsible for all installation, maintenance, repair, relocation and/or removal required -for that portion of the pipeline which is located entirely within the boundaries of the Property. 1o. MIU= CgME AC'lf. ' This Agreement is a private contract between'WRU and the Owners of the Property, and under no circumstances shall it be construed as an offer or intention to furnish waterlto the public or to anyone other than the owners of the Property, as provided herein. 11. mig AbM RUMATIM. All water furnl-shed pursuant to this,Agreement shall be furnished subject to the rules and regulations of WRU on file with the Public Utilities Commission of the state of Hawaii, insofar go -said rules, and regulations are bot inconsistent herewith. • • '+!rlr v'+St': 1 '`-•+''il:z "'7 tf .,97; ;!it±• I +•! �:• 11: ep*-k.Zt Ta n 4 �1'9r 12.$,�L t` W'x �SIMPLY. WRLT shall not be liable for, and the owners of the Property shall not assert any claim against wRV, loss or damage which may result from the inadequacy or nonavailability of water as to either pressure, quality, or quantity. 13. . The owners of the Property shall indemnify the WRIT for any and all claims or liability for loss or damage to any parsons or property resulting from, arising out or or connected with the furnishing of water pursuant to this Agreement. I 14. �5� T- ::+:?Th1AVAgftamerft and tKo benitfits and burdens of the "qmmers of the Property" -hereunder -may be assigned by the Trustees, their successor trustees and their assigns (i.e., any and all future owners of the Property) with wRVIs prior written approval, which approval shall not be unreasonably withheld, Any such astignment shall contain the written undertaking of the assigns to observe and perform all the obligations of the owners of the Property hereunder. , 15. 9MMIa FEES. in the event of a breach and/or lawsuit arisingout of this Agreement the prevailing party shall be entitled to recover all costs incurred, including without limitation, reasonable attorneys' fees. In addition, WRU may recover from the Owners of. the Property all cosgs and expensee, including reasonable. attorneys, fees,linourred by WRU in any proceeding before the Public Utilities Commission of the State of Hawaii in which WRU is a party by reason of this Agreement. 16. NOTTCIM AND ML4UTT , Notice and submittal of documents (hereinafter "Notice") shall be effective only if personally delivered to the person(s) named at the address set forth below (effective upon delivery) or delivered by mail sent by registered or certified mail, return receipt requested, as follawss Twustsea/ ' owners of the Prgperty: Watxrr&Z 8. Gunderson, Melvin s. Hewett and Carl a. carisoa, the Trustees of the Richard emart itenrooable nerSOMAI Trust P. O. box 459 Kamuela, Hawaii 96749 4 W= 6. Mr. Thos Rohr Waikoloa Resort Utilities, Inc. 180 Waikoloa Beach Drive xamuels, Hawaii 96743 motioes so mailed shall be deemed to have been given 48 hours after the depoRit of Same in any United States Post office mailbox. Notice shall not be deemed given unless and until, under the preceding Sentence, notice shall be deemed given to all addresses to±whams notice must be sent. The addresses and ;i addressees, for the purpcse«:of thi.p! ppragrapl�; may ire cChalWftd by giving written notice of `dt%K • i�liange in the_Lnannsr AaiATF_=: _7— provided for giving notice. Unless and until such written notice of change;is received, the last address and addressee stated by written notice, or provided herein if no such written notice of change hag been received, shall be deemed to continue in' effect for all purposes hereunder_ effective upon sxeautioa by the parties hereto. l8.Ftp="�a9T=-+�_. The invalidity or uneaforaeability of any one or more of the provisions of this agreement will in no way affect any other provision. 19. A#=TIM RAFECT. This Agreement shall not run with the title to the property, however, unless and until this Agreement is oan¢elled pursuant to paragraphs 4 or b above, this Agreement shall be binding upon *and enure to the benefit of WW and the Ttustses and their respective sucoeseors and assigns. IN WtTllgss wBERBOP, the undersigned have caused these M 9 presAats to be executed this �� h' dap of [ya4�K- 1995. WJL210LOA RSBORT UTXLXTIR6o XNO. Tim RZOguw NMART RLVOCAALR PIMS03ML TRUST 1Y�`g'�Ki''C'C'plat 't"''V Vl1Y�MRi1Vn / 'iRY�'i'L` A M VIN H.HEWET , TRUSTEE CARL A. CARLSON, TRUSTEE 6 I I Tim RZOguw NMART RLVOCAALR PIMS03ML TRUST 1Y�`g'�Ki''C'C'plat 't"''V Vl1Y�MRi1Vn / 'iRY�'i'L` A M VIN H.HEWET , TRUSTEE CARL A. CARLSON, TRUSTEE 6 • � ' • � � ' �Y • Flu .4 • : Y.1 - • ` x KNOW ALL MEN BY THESE PRESENTS* That WAIKOLOA RESORT UTILITIES, INC., a Hawaii corporation, which is a water utility regulated by the Public Utilities Commission of the State of Hawaii, hereinafter called "WRU11, does hereby consent to the foregoing Assignment of that certain unrecorded Agreement For The Bale Of Water dated October 161 19950 (the "Agreement") made by and between WARREN J. GUNDERSON, MELVIN B. HEWETT and CARL A. CARLSON, THE TRUSTEES OF THE RICHARD SMART REVOCABLE PERSONAL TRUST dba PARKER RANCH, having all powers under said trust agreement, including full power to sell, convey, exchange, mortgage, lease, assign or otherwise deal with and dispose of all lands of the trust estate and interests therein, as Assignor, and JOHN W. HOFFEE II, TRUSTEE OF THE JOHN W. HOFFTZ II DECLARATION OF TRUST DATED APRIL 5, 1991, having all powers under said trust agreement, including full power to sell, convey, exchange, mortgage, lease, assign or otherwise deal with and dispose of all lands of the trust estate and interests therein, as Assignee, upon the following express conditions: First, that all rights of WRU, under the Agreement therein assigned to said Assigned are reserved and that this consent shall not authorize nor be deemed to authorize anp other or further assignment of the Agreement, nor as a waiver or release of any of the terms, covenants, provisions or conditions in the Agreement contained and on the part of "Owners of the Property" therein named to be observed and performed; and Second, that the Assignee expressly acknowledges by its execution and joinder to this Consent that it has read and understands all of the terms, covenants and provisions in the Agreement and is aware of the water quantity limitation and use conditions set forth in the Agreement and covenants to WRU that it shall perform the duties and obligations of the "Owners of the Property" and faithfully observe and perform all of the covenants and conditions contained .in the Agreement on the part of the Owners of the Property to be observed and performed. This consent is only effective upon the execution by Assignee of the Joinder as set forth below. IN WITNESS WHEREOF, the undersigned has caused this consent to be executed this Z Ss day of dam- 6-'-• 1998. JOINDERS agreed and accepted: JVHA W. HOME , TRUSTEE OF JOHN W. HO E II CLARATION OF TRUST DATED APRIL S, 1993 Assignee WAIKOLOA RESORT UTILITIES, INC. a Hawaii corporation By Its 2 3 d 3 EXHIBITIU it t s t _ =5 R � a 9 - O d 3 EXHIBITIU it t s t _ =5 R � a 9 2 O ""3 ww"et 2 O M v � o � } Q F 2 6 Z 0. J i ZO J Y H d N N n O S LL f ` 5-5 H a e �m ¢ ¢ U 4 LL Q w o Qcr H of m ATTACHMENT K Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to suodivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question 1 and then to ques ion 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? 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? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No C. Sell or lease the land to someone who has no plans? No d. Keep it? e. Other (please state) EXHIBIT 11 Yes f. If you intend to do either a, b, or c, please elaoorate 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. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. 4. Have you performed any study whicn would demonstrate a need for your proposed building and/or development? No If so, please elaborate on your findings in the space provided below. -2- IN 5. Have you performed any study which discusses the environmental impacts your request would nave on the No surrounding area and/or the County? If so, please elaborate on your findings in the space provided below. However, archaeological inventory has been attached as Exhibits 6, 7 and 8. All significant sites are to be preserved. Also, anchialine pond management plan has been prepared to protect the ponds on the property 6. Are there any buildings on the subject area? Yes If so, what kind? 1,156 square foot enclosed wooden pavilion with 2 bathrooms, a food preparation area, a locked storage facility and a recreational area. 1,714 square foot cedar deck with built-in seats and railing. What do you intend to do with those buildings if your request is approved? Removal of the existing structures. 7. Is the subject land currently being used for any agricultural activitity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. -3- a 8. 7o your knowledge, has there been any flooding and/or Yes drainage problem on the subject area? If so, please describe the problem. Property is located near the shoreline, subject to tsunami inundation. 9. Do you think that the roads leading to the subject area needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools b. Roads C. Sewer d. Drainage e. Police Protection f. Fire Protection g. Recreational Facilities h. Public Utilities i. Other -4- x Yes No x M. Yes x RUG -08 96 12:05 FROM:SCHUTTE TO:ee52712 PAGE: 02 For those checked eyes,s, please elaborate what type or kinds of improvements and/or assistance are needed. Existing State highway leading to the Waikoloa access road is adequate. Electrical and telephone services are already provided to the property. The existing police and fire protection services are sufficient to service the parcel. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. Yes. See Exhibits 6, 7 and 8. JOHN W. HOFFEE DATED APRIL 5, Signature: Address: Telephone: Date: _5 - DECLARATION OF TRUST Trustee,(Alin W. Hoffee, II esurriet$, CA 92562 (FOR) R F S- - 2 Up -7 VA � LIST OF SURROUNDING PROPERTY OWNERS/LESSEES WITHIN 300' OF TAX MAP KEY PARCEL: (3) 6-9-007:015 7-1-003-010 Waikoloa Land & Cattle Co. 150 Waikoloa Beach Drive Kamuela, Hawaii 96743 6-9-007-030 Waikoloa Development Co. SR -Roadway 150 Waikoloa Beach Drive Kamuela, Hawaii 96743 6-9-007-003 Waikoloa Development Co. 150 Waikoloa Beach Drive Kamuela, Hawaii 96743 6-9-007-004 Elleair Waikoloa, Inc. 170 150 Waikoloa Beach Drive Kamuela, Hawaii 96743 6-9-007-011 Waikoloa Development Co. SR -Roadway 150 Waikoloa Beach Drive Kamuela, Hawaii 96743 EXHIBIT 12