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HomeMy WebLinkAboutCOM 0523.000 2014-2016 41?-Y 0i h Walter K.M.Lau Managing Director William P.Kenoi •*•**,A. .�•.:�'t,*'. Mayor Randall M.Kurohara •"°'�� Deputy Managing Director County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 October 6, 2015C) cA Dru Kanuha, Council Chair `k' - and Members of the County Council County of Hawai`i .o 25 Aupuni Street Hilo, HI 96720 �O Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application (REZ 15-000192) Applicant: Brett W. Ritchie Request: A-20a to FA-la Tax Map Key: 7-3-004:012 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerel WILLIAM P. KENOI • Mayor MTransC ouncilRitchieREZ5-192 Enclosures cc: Planning Department < tt IDIs) Comm. No. s°13 Ref. To: PG County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. Dote OCT 15 2015 Of .'M County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 OCT -6 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Change of Zone Application(REZ 15-000192) Applicant: Brett W. Ritchie Request: A-20a to FA-la Tax Map Key: 7-3-004:012 The Leeward Planning Commission, at its duly held public hearing on September 17, 2015, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural—20 acres (A-20a)to a Family Agricultural— 1 acre (FA-1a) zoning district for approximately 5.94 acres of land located on the east(mauka) side of the Old Mamalahoa Highway across the street and northeast of the Matsuyama Food Mart complex at Kalaoa 5th, North Kona, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests to change the zoning district from Agricultural-20 acres (A-20a) to Family Agricultural - 1 acre (FA-la) for 5.9325 acres of land in order to create a 3-lot family agricultural subdivision. The FA-la zoning district, with a minimum lot size of 1 acre, would allow a maximum density of 5 lots, although the applicant is proposing 3 lots. The existing dwelling on the property will be demolished, and each of the three family members (applicant, parents and sibling) will construct a residence on Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 their newly created lots which will range in size from 1.2 to 3.3 acres. The applicant's parents would like to do some measure of farming such as cattle grazing and the applicant's sibling would like to develop a small nursery consisting of edible plants like dry land taro, sweet potatoes, and herbs to supplement his commercial culinary needs. 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 decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The long-term implications of these decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an Agricultural-20 acre(A-20a) to a Family Agricultural-1 acre (FA-la) zoning district conforms to applicable goals,policies and standards of the General Plan. The FA zoning district is intended for lands within the State Land Use Agricultural District, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. The Land Use Pattern Allocation Guide(LUPAG)Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. In this case, the subject property is both in the urban and non-urban area because the LUPAG Map designates the makai half of the property as Low Density Urban and the mauka half as Important Agricultural Land. The Low Density Urban designation typically consists of low-density residential uses up to 6 units per acre, community uses, and convenience-type commercial uses like the nearby Matsuyama Food Mart. The requested rezone to the Family Agricultural district is not consistent with the Low Density Urban designation since the density of residential development proposed (one home per 1+ acre lot) is more rural in character. Thus, the request is more consistent with the Important Agricultural Land designation which allows farm dwellings on lands that have a better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. In fact, according to the Archeological Inventory Survey, the property was used historically for growing dryland Dru Kanuha, Council Chair and Members of the County Council Page 3 taro, sweet potato and other crops. Additionally,the property is classified as Other Important Agricultural Land by the ALISH System, which are important to agriculture in Hawai`i yet they exhibit properties, such as seasonal wetness, erodibility, limited rooting zone, slope, flooding, or droughtiness,that exclude them from the `Prime' or `Unique' agricultural land classifications. These lands can be farmed satisfactorily by applying greater inputs of fertilizer and other soil amendments, drainage improvement, erosion control practices, flood protection and produce fair to good crop yields when managed properly. A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicant is requesting the change in zoning in order to subdivide into three lots to convey to family members. At least two of the newly created lots will be used for agricultural purposes such as pasture. The Kona Community Development Plan(CDP) also identifies the property as partially in the urban area and partially within the rural area. The CDP has different land use policies for how each of these areas are developed;however, for both areas the overall land use policy is to concentrate all new development in existing villages rather than to continue to allow the historical scattered land use pattern of rural and urban sprawl caused by the subdivision of agricultural lands into smaller parcels. In the urban area, the policies of the CDP strongly encourage new development within compact villages along proposed primary transit routes known as Transit Oriented Developments (TOD's), or as Traditional Neighborhood Developments (TND's) along secondary transit routes, or as infill developments which are new developments adjacent to existing urban- developed properties. Rezoning of lands that are not infill developments or TOD/TND developments are considered "greenfields"developments, which require an amendment of the CDP before they can be approved (see Policy LU- 2.8). Dru Kanuha, Council Chair and Members of the County Council Page 4 In the rural area,the policies of the CDP also strongly encourage new development within the existing rural villages of Holualoa, Honalo,Kainaliu, Kealakekua, Captain Cook, Honaunau,Napo`opo`o, Kealia and Miloli`i. It should be noted that Kalaoa is not included as a rural village in the CDP. This could be because there is no clear commercial center in Kalaoa compared to the other villages or perhaps because the Kalaoa mauka area is seen as a sprawling extension of the Kona urban area rather than its own village. The land use polices in the CDP for the rural area are not as clear as in the urban area and in some cases policies directly conflict one another or do not clearly indicate whether they are suggestions or requirements. For example, the following sections of the Kona CDP support a rural clustered land use pattern for all lands outside the rural villages (emphasis added): • Overall Land Use Strategy 4.2.2 states "Any development outside of the rural towns and villages should be directed to suitable areas that are not important for agriculture, in clustered patterns that will optimize the preservation of rural open space." • Land Use Policy LU-3.4 states"the Clustered Rural Subdivision Guidelines in Attachment C apply to proposed subdivisions outside the Kona Urban Area." • The"Applicability" section of the Guidelines state that they apply to"a special type of"Planned Unit Development" (PUD) for North and South Kona for lands outside the Urban Area zoned Agricultural, Intensive Agricultural, Family Agricultural, or Rural Agricultural." • Land Use Policy LU-3.8 states "Rezoning of areas currently zoned agricultural, outside of the Urban and Rural TOD areas shown on Figure 4-7 Official Kona Land Use Map, and outside of urban designations on the General Plan LUPAG, shall not be allowed, except in the following limited circumstances:... (3) the rezoning is to permit a subdivision consistent with the Clustered Rural Subdivision Guidelines, while preserving the majority of the property in non-residential use dedicated to agriculture, open space, or other conservation purposes, and does not have the primary effect of allowing Dru Kanuha, Council Chair and Members of the County Council Page 5 subdivision into lots smaller than allowed by existing zoning. This policy is intended to prevent the rezoning of agricultural property to allow agricultural subdivisions where the primary objective of the lot owner will be to have a residential estate." Whereas, these policies encourage a clustered rural land use pattern but do not require the use of the Clustered Rural Subdivision Guidelines for every subdivision in the rural area. • Land Use Policy LU-3.5 states "Any subdivision of important agricultural land (IAL) lands involving 30 acres or more currently zoned at densities between Ag-I a to Ag-5a and FA are encouraged to follow the Clustered Rural Subdivision Guidelines in order to prevent sprawling, large-scale residential subdivision of these lands." • Land Use Policy LU-3.6 states"When granting any subdivision water variance served by a private water system to allow a subdivision involving 30 acres or more, a condition of the variance should be to follow the Clustered Rural Subdivision Guidelines." • Land Use Policy LU-3.8 states "Rezoning of areas currently zoned agricultural, outside of the Urban and Rural TOD areas shown on Figure 4-7 Official Kona Land Use Map, and outside of urban designations on the General Plan LUPAG, shall not be allowed, except in the following limited circumstances:... (1)the rezoning allows only a small number of additional lots, consistent in scale with the transfer of lots to family members," • Overall Economic Development Strategy 4.8.2(d) Food Industry states "The primary strategies for the enhancement of our Agricultural Industry in Kona focus on the following. 1. Protection of Agricultural Lands. The maintenance of the current overall density of agriculturally- zoned lands outside of the Kona Urban Area(UA) will discourage unplanned sprawl as well as protect agricultural lands for agricultural uses. See Policy LU-3.8. Dru Kanuha, Council Chair and Members of the County Council Page 6 2. Rural Clusters. The adoption of the new program will encourage clustering of development on agricultural lands in exchange for the perpetual protection of contiguous blocks of lands for crop production. The program will also provide an opportunity to create affordable housing in rural areas. See Policy LU-3.3." Based on these polices it seems that any agricultural lands outside the Kona urban area should be,but are not necessarily required to be, developed according to the Clustered Rural Subdivision Guidelines. The intent of these guidelines is to promote a more compact form of development by clustering smaller residential lots in order to preserve the balance of the subdivided property as rural open space for the protection of significant ecological, cultural, scenic or agricultural resources in perpetuity. What is very clear is that the CDP recognizes that in order to preserve important agricultural land for viable commercial agriculture and the rural character of Kona from urban and suburban sprawl, the land use policies and practices of the past must change. Land Use Policy LU-3.8 allows for rezoning of agricultural lands outside of the urban and rural TOD's, which correspond to the existing villages, if it is to create only a small number of additional lots, consistent in scale with the transfer of lots to family members. The change of zone request is consistent with this policy of the Kona CDP in that the applicant proposes to rezone the property in order to create a 3-lot subdivision and convey the lots to family members. A condition of approval will encourage the use of the Clustered Rural Subdivision Guidelines when designing the subdivision so that the rural character of the property and surrounding area will be maintained. All essential utilities and services are available to the property. Access to the property is from Old Government Road, which is a one lane County road fronting the property. It has an approximately 10-foot wide traveled way pavement(in fair to good condition), with narrow shoulders, within a variable right-of-way. The tax plat map indicates the right-of-way width is about 50 feet fronting the property. According to the Department of Public Works (DPW), the road is substandard with regard to width and roadside hazard clearances and could benefit from a paved pullout along the subject property frontage. The DPW requires that any encroachments or obstructions within the County right-of-way be removed. Currently, there is an approximately 12-foot wide Dru Kanuha, Council Chair and Members of the County Council Page 7 concrete paved driveway from Old Government Road to the property. The requested rezone and subsequent 3-lot subdivision will increase residential density on this substandard road. Therefore, the Planning Director agrees with these recommendations and conditions of approval will be included to implement these recommendations. Regarding water for this application, Section 25-2-46(m) (Concurrency Requirements) within the Zoning Code states that a zoning amendment application shall not be granted unless: (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or(2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed. The Department of Water Supply has verified that the subject property is currently served by three 5/8-inch meters, but the system has substandard water pressure conditions and do not meet water system standards for subdivisions in accordance with the Hawai`i County Code and Rules and Regulations of the Depaitinent of Water Supply. For the applicant to upgrade the system to meet these standards, it will require extensive water system improvements, including, but not limited to, storage reservoirs, booster pumps, and distribution pipelines. In this particular case, the Planning Director will support a change of zone to FA-la to allow for the subdivision of the property into three parcels that will then be conveyed to the applicant's family members. The main reason for supporting this request is that no new additional DWS water meters will be required to service the proposed subdivision and the applicant will install a private pump system to increase water pressure for each lot. The issue surrounding the substandard service provided by the existing water meters currently servicing the project site is not about lack of capacity, it is about adequate pressure, which the applicant intends to resolve by the installation of a pump and storage system to supplement the existing system. The applicant made recent efforts to secure the transfer of two additional water meters to service the project site in accordance with existing protocols offered by the Department of Water Supply, with each water meter being able to service a single family residential unit. At no time was lack of adequate service through these existing and transferred water meters ever an issue. It was simply a lack of adequate pressure, which will be resolved through onsite improvements. Additionally, the property receives about 35 inches of rain annually which should be sufficient for agricultural purposes. Dru Kanuha, Council Chair and Members of the County Council Page 8 County sewer service is not available in the area. According to the Department of Health, the property is located within 1,000 feet of a public drinking water source and therefore one individual wastewater system will be allowed to be used for the proposed development. The individual wastewater system must either contain an aerobic unit with disinfection or a non-discharge disposal system. Solid waste generated on the property will be disposed of at the Kealakehe transfer station located about 4 miles away. All other essential utilities and services are available. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The property is located in Zone "X", an area determined by FEMA to be located outside of the 500-year floodplain. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the County Council has historically required this contribution for minimum lot sizes of one acre. Therefore, a fair share contribution would be required for the requested FA-la zoning. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area, however all lands in the State are in the Coastal Zone Management Area. The subject property is located approximately 4 miles from the nearest coastline and will not be impacted by coastal hazards,beach erosion or marine resources. There are no identified coastal recreational resources,public access to the shoreline or mountain areas, or coastal scenic and open space resources on the property. The property does contain historic and natural resources that will be preserved and protected. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's"PASH" and"Ka Pa`akai 0 Ka Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Dru Kanuha, Council Chair and Members of the County Council Page 9 Investigation of valued resources: An Archaeological Inventory Survey(AIS)of the property was conducted in May 2015 by Pacific Legacy, Inc. The survey includes an oral history of kama`aina accounts of the area. No floral or faunal surveys of the property were completed. The property was previously grubbed in the 1970's. The valued cultural, historical, and natural resources found in the rezoning area. The AIS identified three historic sites on the property, one of which, a modified lava tube, was recommend for preservation by the SHPD. The U.S. Fish and Wildlife Service has indicated that three endangered species may be present in the area: the Hawaiian hoary bat, Hawaiian hawk and Blackburn's sphinx moth. Possible adverse effect or impairment of valued resources: Some plants that endangered species in the area rely on for food or nesting may be destroyed by construction or ground alteration. Feasible actions to protect native Hawaiian rights: There is no evidence that traditional and customary native Hawaiian rights are exercised on the property; therefore no action is necessary to protect these rights. In the event legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the property. Conditions of approval will be included to require the applicant preserve the modified lava tube as recommended by the SHPD and notify the SHPD should any unidentified historic or cultural sites or remains be encountered, and proceed only upon an archaeological clearance from the SHPD. Conditions of approval will also be included to implement best management practices to for protection of the three endangered species that may be on the property or in the general area. This favorable recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Family Agricultural zoning district, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many Dru Kanuha, Council Chair and Members of the County Council Page 10 others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of the Change of Zone request from an Agricultural - 20 acre(A-20a)to a Family Agricultural - 1 acre (FA-1a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a transcript of the hearing for your information. Sincerely, C i Brandi K. Beaudet, Chairman Leeward Planning Commission LRitchieREZ15-1921pc2 Enclosures cc: Sidney M. Fuke, Planning Consultant Brett W. Ritchie Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD DOT-Highways, Honolulu William Brilhante, Esq., Corporation Counsel Planning Department - Kona BRitchieREZ.doe 9/9/15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BRETT W. RITCHIE CHANGE OF ZONE APPLICATION (REZ 15-192) BRETT W. RITCHIE has submitted an application for a Change of Zone from an Agricultural- 20 acre(A-20a)to a Family Agricultural-1 acre(FA-la) zoning district for 5.9325 acres of land. The property is located along the east(mauka) side of Old Government Mauka Road approximately 1,000 feet south of its intersection with Hawai`i Belt Road, and northeast of Matsuyama Food Mart, Kalaoa 5th,North Kona, Hawai`i,TMK: 7-3-004:012. PROPOSED ACTION 1. Applicant's Request: Change the zoning district from A-20a to FA-la for an approximately 5.9325 acre parcel in order to create a 3-lot family agricultural subdivision. The FA-la zoning district,with a minimum lot size of 1 acre, would allow a maximum density of 5 lots, although the applicant is proposing 3 lots. According to the Zoning Code,the purpose of the Family Agricultural district is to provide for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. Requirements for establishing a land use in the FA district, including a list of the variety of permitted uses, are shown in Section 25-5-60 to 25-5-67 of the Zoning Code. (Planning Department Exhibit 1-Zoning Code Requirements for Family Agricultural Districts) 2. Reason for the Request: The applicant is requesting the change of zone in order to subdivide the property into three lots to distribute amongst family members. The existing dwelling on the property will be demolished, and each of the three family members (applicant,parents and sibling)will construct a residence on their newly created lots which will range in size from 1.2 to 3.3 acres. The applicant's parents would like to do some measure of farming such as cattle grazing and the applicant's sibling would like to develop a small nursery consisting of edible plants like dry land taro, sweet potatoes, and herbs to supplement his commercial culinary needs. -1- Re: Bill 108/Conn. 523 3. Landowners: Thomas Whittemore and Lucinda Whittemore Trust. 4. Supportive Information: The applicant,who is the daughter of the landowners,has submitted the attached in support of the request. (P.D. Exhibit 2- Change of Zone Application and P.D. Exhibit 3—Letter dated September 3,2015 from Sidney Fuke regarding ownership of property) STATE AND COUNTY PLANS 5. State Land Use District: Agricultural. 6. General Plan LUPAG Map Designation: The makai half of the property is designated Low Density Urban and the mauka half is designated Important Agricultural Land. The Low Density Urban designation allows residential uses (up to six units per acre), with ancillary community and public uses, and neighborhood and convenience-type commercial uses. Important Agricultural Lands are those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. 7. County Zoning: Agricultural-20 acres (A-20a). The Agricultural zoning district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. 8. Kona Community Development Plan (CDP): The Kona CDP, adopted by the Hawai`i County Council on September 25, 2008,identifies the property halfway inside the"Kona Urban Area". The line defining the Urban Area, matches with the General Plan LUPAG designations and divides the property approximately in half with the mauka portion being located in the Rural Area and the makai portion in the Urban Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is rectangular in shape. It has a fairly steep topography sloping upward from west to east with a slope of about 10-15%. The elevation ranges from 1,670 to 1,840 feet. A dwelling located near the front of the property that was built in 1960 will be demolished. 10. Surrounding Zoning and Land Uses: The primary land use in the Kalaoa area is residential on agricultural-zoned lots of various sizes ranging from 10,000-square feet in -2- the numerous non-conforming subdivisions created by the County in the 1960's located makai of the highway, to 10-acre lots located mauka of the highway on lands zoned A- 20a. The Honua`ula Forest Reserve adjoins the property to the east. Matsuyama Food Mart is located southwest of the property across Old Government Road. There have been three rezonings in the surrounding area mauka of the highway: the Matsuyama Food Mart property was rezoned from A-1 a to CN-20 in 1983; a property 300 feet to the north was rezoned from A-20a to A-1 a in 1986 for a 5-lot subdivision; and a property 1,000 feet to the south was rezoned from A-20a to A-3a in 1972 for an 8-lot subdivision. 11. Agricultural Lands of Importance to the State of Hawaii(ALISH): Other Important Agricultural Land. The lands in this classification are important to agriculture in Hawaii yet they exhibit properties, such as seasonal wetness, erodibility, limited rooting zone, slope, flooding, or droughtiness, that exclude them from the `Prime' or `Unique' agricultural land classifications. These lands can be farmed satisfactorily by applying greater inputs of fertilizer and other soil amendments, drainage improvement, erosion control practices, flood protection and produce fair to good crop yields when managed properly. 12. Land Study Bureau's Detailed Land Classification System: "D"or"Poor" for agricultural productivity. 13. U.S.D.A. Soil Survey: Kaimu series (rKED); permeability is rapid, runoff is slow and the erosion hazard is slight. This soil type is not suitable for cultivation. Most of it is in native woodland. Small areas are used for pasture,macadamia nuts,papaya and citrus fruits. 14. Flood Zone: Zone X, an area determined by FEMA to be outside the 500-year flood plain. 15. Flora/Fauna Resources: Although there were no professional flora or fauna surveys conducted of the property, the applicant does not believe that rare or endangered resources are likely to be found. The property was previously grubbed in the 1970's. The property's current vegetation includes scattered trees such as native `ohi`a, and kukui, avocado, Christmas Berry and silver or silky oak. Understory vegetation includes elephant grass, torch ginger and other introduced shrubs and grasses. In their memo -3- dated August 13, 2015, the U.S. Fish and Wildlife Service indicated there are possibly three endangered species in the vicinity of the property that are of concern: the Hawaiian hoary bat, Hawaiian hawk, and Blackburn's sphinx moth. The Service recommends best management practices for avoiding adverse effects to these species such as not using barbed wire fencing, avoiding trimming and removal of certain vegetation during bat and hawk breeding seasons, and a survey by a qualified biologist of moth and its host plants immediately prior to construction activities. The applicant has agreed to implement the recommended best management practices. 16. Archaeological/Historical Resources: An Archaeological Inventory Survey(AIS) of the property was completed in May 2015 by Pacific Legacy, Inc. The survey determined that grubbing done in the 1970's resulted in the destruction of any pre-Contact surface structures that may have once existed, and identified three archaeological sites- a stone edged depression, a remnant of a stacked stone wall, and a modified lava tube. The survey recommended preservation of the modified lava tube which is located in the middle of the property along the southern border generally in the location of the long, narrow pole portion of the property as shown on the proposed subdivision plan. The applicant has prepared a Preservation Plan proposing a permanent 20 foot buffer around the entrance of the modified lava tube, as well as interim protection measures during construction activities. The applicant is also proposing a 100 foot buffer zone during road and home site construction work. Upon review of the AIS,in a letter dated August 11, 2015,the Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD) determined that the existing dwelling, although older than 50 years, is not a significant historic property. Additionally, SHPD determined that the AIS required minor revisions and recommended a preservation plan be provided for approval and an archaeological monitoring plan be put in place during ground disturbing activities due to the possibility that additional unrecorded pre-Contact deposits or lava tubes may exist on the property. As of the date of this writing the SHPD has not yet reviewed the applicant's preservation plan. 17. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known -4- valued cultural, historical or native resources in the area. In the event legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the property. 18. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the property is from Old Government Road, which is a one lane County road fronting the property. It has an approximately 10-foot wide pavement(in fair to good condition), with narrow shoulders, within a variable right-of-way. The tax plat map indicates the right-of-way width is about 50 feet fronting the property. According to the Department of Public Works(DPW), the road is substandard with regard to width and roadside hazard clearances and could benefit from a paved pullout along the subject property frontage. The DPW requires that any encroachments or obstructions within the County right-of-way be removed. Currently, there is an approximately 12-foot wide concrete paved driveway from Old Government Road to the property. 20. Water: According to the Department of Water Supply(DWS), the subject property is currently served with three 5/8-inch meters with substandard water pressure conditions, i.e. less than the minimum pressure of 40 pounds per square inch(psi) required by current subdivision standards. The applicant previously executed an"Out of Bounds Agreement"with the DWS because the three water meters are located adjacent to Hawai`i Belt Road rather than the subject property as required by the DWS's Rules and Regulations. An"Elevation Agreement"with the DWS was also executed because of the substandard water pressure conditions. However,the existing water system servicing the property does not meet water system standards for subdivisions in accordance with the Hawai`i County Code and the Rules and Regulations of the DWS. Upgrading the system to meet subdivision standards will require extensive water system improvements, including, but not limited to, storage reservoirs, booster pumps, and distribution pipelines but the DWS does not foresee any upgrades to its existing system that would provide the property with adequate pressure and volume of water. Therefore,the DWS has stated -5- they cannot support he proposed rezoning and subsequent subdivision. Additionally, since the existing system cannot meet subdivision standards, the applicant would need to secure a variance from the Subdivision Code should the change of zone be granted. The Zoning Code's concurrency requirements related to water state that a zoning amendment application shall not be granted unless the DWS has determined that it can meet the water requirements of the project and issue water commitments using its existing system, or specific improvements to the existing system or a private water system equivalent to the requirements of the DWS will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed. The applicant contends that the concurrency requirement has been met since the DWS recently issued and installed additional water meters to the subject property that will provide one meter for each proposed lot. The applicant intends to install an engineer-certified and designed private pump system that would increase the overall pressure from the existing meters to each lot. The pump system would be situated at the makai end of the property where water would then be pumped into a storage tank located at the mauka-most property boundary, where the water would then be gravity fed to all of the lots. 21. Wastewater: County sewer service is not available in the area. According to the Department of Health, the property is located within 1,000 feet of a public drinking water source and therefore one individual wastewater system will be allowed to be used for the project. The individual wastewater system must either contain an aerobic unit with disinfection or a non-discharge disposal system. 22. Solid Waste: Solid waste generated on the property will be disposed of at the Kealakehe transfer station located about 4 miles away. 23. Essential Utilities and Services: Electricity and telephone services are available to the property. Police and fire stations are located in Kailua about 4 miles away. Medical services are available in Kailua and Kealakekua. AGENCIES' AND ORGANIZATIONS' COMMENTS 24. Department of Public Works: P.D. Exhibit 4—July 16, 2015 memo 25. Department of Water Supply: P.D. Exhibit 5—August 5,2015 letter -6- 26. Fire Department: P.D. Exhibit 6—July 24,2015 memo 27. State Department of Health: P.D. Exhibit 7—July 27,2015 memo 28. DLNR-Land Division: P.D. Exhibit 8—August 6,2015 letter 29. U.S. Fish and Wildlife Service: P.D. Exhibit 9—August 13,2015 letter AGENCIES -NO COMMENTS/CONCERNS 30. Department of Environmental Management, Police Department. AGENCIES -NO RESPONSE 31. State Department of Agriculture,USDA Natural Resources Conservation Service,Real Property Tax Office. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 32. P.D. Exhibit 10: Letter from Sidney Fuke dated August 11,2015 in response to Department of Water Supply comments 33. P.D. Exhibit 11: Letter from Sidney Fuke dated August 17,2015 regarding potable water,the archaeological preserve, and the Kona CDP 34. P.D. Exhibit 12: Letter from Sidney Fuke dated August 24,2015 providing a Passive Preservation Plan for historic site SIHP 30295 and a letter from SHPD dated August 11, 2015 35. P.D. Exhibit 13: Letter from Sidney Fuke dated August 25,2015 in response to U.S. Fish and Wildlife Service and Department of Health comments 36. P.D. Exhibit 14: Documentation from the Department of Water Supply regarding County water service: October 1,2014 letter from DWS to Charles Young; Application for Water and Sewer Services; Water Meter Receipt dated November 10,2014; November 28, 2014 Agreement between DWS and Thomas Whittemore PUBLIC COMMENTS 37. None as of the date of this writing. -7- § 25-5-60 HAWAI`I COUNTY CODE Division 6. FA,Family Agricultural Districts. Section 25-5-60.Purpose and applicability. The FA(family agricultural) district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots.The FA district is intended to be in areas designated as being within the State land use agricultural district,where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition,this district is intended to be primarily comprised of agricultural lands less than five acres in area,which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime,unique, or other important agricultural lands. Provided,that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide(LUPAG)map. (1996, Ord.No. 96-160, sec.2; ratified April 6, 1999.) Section 25-5-61.Designation of FA districts. Each FA(family agricultural)district shall be designated on the zoning map by the symbol"FA" followed by a number and the lower case letter"a"which indicates the required number of acres for each building site. For example,FA-1 a means a family agricultural district with a minimum building site area of one acre. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing,minor,provided that the area or buildings used for such processing, shall be located at least seventy-five feet from any street. (2) Agricultural tourism as permitted under section 25-4-15. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens,nurseries and greenhouses, seed farms,plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (6) Campgrounds,parks,playgrounds,tennis courts, swimming pools,and other similar open area recreational facilities,where none of the recreational features are entirely enclosed in a building. (7) Cemeteries and mausoleums, as permitted under chapter 6,article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, as permitted under chapter 205,Hawai`i Revised Statutes and as permitted under section 25-5-67(b). (10) Farm dwellings, as permitted under section 25-5-67(b)and(c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run,barn, shed, stable, house,hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. (15) Public uses and structures,necessary for agricultural practices. (16) Retention, restoration,rehabilitation, or improvement of buildings or sites of historic or scenic interest. Planning Dept. Exhibit 1 § 25-5-62 HAWAI`I COUNTY CODE (17) Riding academies, and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations,as permitted under section 25-4-11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture,crop production, game and fish propagation, and livestock grazing. (21) Veterinary establishments. (b) The following uses may be permitted in the FA district,provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1,2005. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the FA district,provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Bed and breakfast establishments, as permitted under section 25-4-7. (3) Community buildings, as permitted under section 25-4-11. (4) Family child care homes. (5) Home occupations,as permitted under section 25-4-13. (6) Meeting facilities. (7) Model homes, as permitted under section 25-4-8. (8) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (9) Temporary real estate offices, as permitted under section 25-4-8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special peanut under chapter 205,Hawai`i Revised Statutes. (d) The following uses may be permitted in the FA district,provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Churches,temples and synagogues. (3) Crematoriums, funeral homes, funeral services,and mortuaries. (4) Day care centers. (5) Hospitals, sanitariums, old age, convalescent,nursing and rest homes. (6) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas,and other similar open air recreational uses. (7) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the FA district. (1996, Ord.No. 96-160, sec. 2;ratified and amended April 6, 1999; Am. 2008,Ord.No. 08-155, sec. 12; Am. 2010, Ord.No. 10-17, sec. 5; Am. 2012, Ord.No. 12-28, sec. 8; Ord. No. 12-124, sec. 7; Am. 2014, Ord.No. 14-86, sec. 8.) Section 25-5-63.Height limits. The height limit in FA districts shall be thirty-five feet for any residential structure, including any single-family dwelling or farm dwelling, and forty-five feet for all other structures. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) § 25-5-64 HAWAI`I COUNTY CODE Section 25-5-64.Minimum building site area. The minimum building site area in the FA district shall be one acre. Other FA districts having larger areas may be designated in increments of one acre up to a recommended maximum of five acres. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-65.Minimum building site average width. Each building site in the FA district must have a minimum average width of one hundred twenty feet for the initial one acre of required area plus twenty feet for each additional acre of required area;provided that no building site shall be required to have an average width greater than three hundred feet. (1996, Ord. No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-66.Minimum yards. (a) Except as otherwise provided in this section,the minimum yards in the FA district shall be thirty feet for front and rear yards and twenty feet for side yards. (b) In the FA district, accessory buildings and enclosures(other than fences under eight feet high)for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. (c) Appropriate additional setbacks from adjacent residential zoned lands may be required by the director for those facilities and uses which may include more frequently used machinery and equipment in order to minimize potential lighting, odor, vector and air and water quality impacts. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-67. Other regulations. (a) If any legal building site in an FA district has an area of less than one acre,then the yard and height requirements for the building site shall be the same as the yard and height requirements in the RA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the FA district. A farm dwelling is a single-family dwelling located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the FA district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site,any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County.The agreement shall require the dwelling to be used for farm-related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm-related purposes. (d) An ohana dwelling may be located on any building site in the FA district,as permitted under article 6, division 3 of this chapter. (e) Exceptions to the regulations for the FA district regarding heights,building site areas,building site average widths and yards,may be approved by the commission within a planned unit development. (f) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999; Am. 2015, Ord. No. 15-33, sec. 4.) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) Brett W. Ritchie APPLICANT: APPLICANT'S SIGNATURE: - DATE: 6/22/2015 ADDRESS: 73-1077 Ahikawa Street Kailua-Kona, HI 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: Daughter of Landowner LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) 430-5284 (Fax) r LANDOWNER(S): Thomas P. Whit e, Trustee; Lucinda H. Whittemore, Trustee LANDOWNER SIGNATURE(S): Cttg,-,4,�,JDATE: 6/22/2015 (May be by letter) LANDOWNER(S)ADDRESS: P.O. Box 1929 Kailua-Kona, HI 96745 REQUEST: A-20a FA-la TO (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3)7-3-04: 012 STREET ADDRESS OF PROPERTY: 73-4347 Old Government Mauka Road Kailua-Kona SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 5.93+ acres AGENT: Sidney M. Fuke,Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Brett W. Ritchie Planning Dept. Exhibit 2. ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I . If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? All b. Into what lot sizes? 1+ac 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? lmonth d. Do you intend to build houses on the newly created lots? yes If yes, please answer the following questions: On how many of those lots? 3 At what approximate price range? House $350K Lot N/A Total $350K Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 2 yrs If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? N/A b. Sell or lease the land to someone who has tentative plans? N/A c . Sell or lease the land to someone who has no plans? N/A d. Keep it? N/A e. i` P. D. 2 5/84 f . If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also , include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? Increases overall supply for small scale agricultural lots that allows a residence. 4. Are there any buildings on the subject area? Yes If so, what kind? existing dwelling that will be demolished What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? no If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? c . Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d . Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please refer to planning and environmental report for this request. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. Please refer to planning and environmental report for this request. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Please refer to planning and environmental report for this request. Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X X c. Sewer d. Drainage X -3- Yes No e . Police Protection X f . Fire Protection X X 9. Recreational Facilities X h . Public Utilities X j_ Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. • Signature: (B/14;91-10. 4R Address: 73-1077 Ahikawa Street Kailua-Kona,HI 96740 Telephone: (808)430-5284 Date: June 22,2015 -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-20a to FA-1a) BRETT W. RITCHIE KALAOA 5th, NORTH KONA, HAWAII TAX MAP KEY: (3) 7-3-004: 012 I. INTRODUCTION Brett Ritchie ("Applicant") is requesting the rezoning of a 5.935 acre parcel from the Agriculture (A-20a) to Family-Agriculture (FA-1a) district in Kalaoa 5th, North Kona, Hawaii. The property is located mauka of the Old Mamalahoa Highway (also known as Old Government Road). The Matsuyama Food Mart complex—which includes a gas station - is located immediately south and makai of the subject site. (Figures 1 and 2). If approved, the Applicant and her parents intend to subdivide the 5.935-acre parcel into three (3) lots for the purpose of conveying the lots to family members who intend to construct their homes and conduct some measure of family-agricultural activities on their lots. Two (2) of the lots would tentatively consist of between 1 to 1.5 acres, while the remaining lot—which would be reserved for the Applicant's parents —would consist of 3+ acres. The request, thus, is essentially a family-agricultural subdivision. II. PROJECT LOCATION As noted earlier, the subject property is located on the mauka side of the Old Government Road, approximately 1,000 feet south of the junction of the Mamalahoa Highway and Old Government Road. The Matsuyama Food Mart Complex, which fronts both the Old Government Road and the Mamalahoa Highway, is located immediately makai and to the south of the subject site. Ka'iminani Street, which is the main mauka-makai arterial in this area, is situated —by way the crow flies — less than 500 feet makai of the subject site. (Figures 1 and 2). III. PROJECT DESCRIPTION A. Project Concept and Components The Applicant's parents intend to build their home on the subject property. As the site is too large for them and also as part of their estate planning, they would like to subdivide the property into three (3) lots and convey two (2) of them to their children. One of their 1 Y • ^ ) _f f r� .t� im. ;0'gi' _:..d9o. tare ill L 17tiGc i s. ` � . / IM1111111:1 :71:11%ff 111 I1I��Si■I1�M/it I !i it 11�MI� il'S+ t-a f 3nlC tm'-F- �cm rlu�II ` 1 h Ill � r� i1 '�^ 1^ tii111 P 111 t iltni t il■ru.i+Ir '-n■"ii-iliii itio!girA Inn 71'0 3ryur 1 7 --G t■n Ii11Cirtutkir.itl I ESI►In[�r[iiierr i►lidi■eStlmeIIif[F! ^ 4"TP, t! 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',17-•-•--3— - ,� Y to :N�HtrymrrR!flti} 4�`�� lff���' EfiKl��t�rkt.R " a �s1rAt��wt1■■ r ; - - sti' ari1,11- '1w�14Tlt-.,,.-�I ,a�1.■�'�■ ��i � Via. y i:+ �« ; MLA Ir�..■~a �a�� 4ltirrrr►i.y 113-"-'Si ;■w -I m �.7 SUBJECT SITE ow,....,......1-At A' 'WI 11111 1474----L:':',':A, ipliff• ails M 7t il`,aaltia,, t 1 11��' ��� I .I. 1 *L it III Liar.1'� - f 5fewv • 1 ti ►ire t ��� 0 ''+ 3 ,t=s1 � 7 A.y ; .�'I,�?Tt"1Ji{ l i01, S ` # fir4 4101 Vow 0"wi0111 g ii 1111 1 4000 ft 1 \ \\\\ .•:' \ --- ',10.11111.14111114 , =' 04. V ire !11111 FTI TTD 1 o C iF ar- o< 4z n 2 o R a on • ,-- �U u f i WF. n-iu l 2� c i /O lf/' !c: c= F n i__________—4 g ti \ >>._ ..�'�__O to NI- 1 1 - la1 1 o ii. k ! ) • 1 ,- X k 0 P. k 1 4 � g O 01 .I i �, Q : -_ 1+J ,- • If ali 'r - - - o , f 11 .,s i e e 54g C g 0 .\ 0 i I if-4 1 RI a :6_.i s,. to ,r o. :: ? ' i 0 0 a 41 71. %.k.II 1 3 ` ° , Its o N. .� N : . ,I , . '',t y111 y{ o v i iv .! ... 1 1 1 f( tt :: it I l' IC 11, II,1 71!P it r i 11 _ 010 viAllta,..A' ' ..... Alla" II PLAT OS N r' ....V. O SUBJECT SITE li N. • l Q V s9 6/ .'7 'y F17// f 4 - Ss .1709.79 cuRni AR• Roc N7 II! iN% !$ L�� :ON100 \I — FIGURE 2 I children, who is the Applicant, would like to build her home on the lot and do some measure of farming on it. The other 1-acre lot would be conveyed to the Applicant's sibling who— in addition to constructing his home—would like to develop a small nursery consisting of edible plants like dry land taro, sweet potatoes, herbs, and the like to supplement his commercial culinary needs. The proposed layout, of which the largest would be retained by the parents, is reflected in the proposed subdivision map. (Figure 3). As currently configured, all lots would front the Old Government Road. Two (2) lots would have a "flag lot" configuration. The remaining lot, while oddly configured as a barbell, is intended to provide buffers at both ends of the interior or 1-acre lots, as well as provide a cattle grazing access between the lower and mauka portions of the larger lot. It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate archaeological considerations, County subdivision requirements, and appropriate conditions of rezoning approval. B. Project Timetable and Cost The Applicant hopes to secure County rezoning approval as soon as possible and together with her parents, begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by the middle of next year. The estimated cost of improvements for this project should not be significant, as the site is already serviced with three (3) water meters. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is situated within the State Land Use Agriculture district. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawai'i can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide 2 11 _ • _ t 1 ' 1:-= . I .,.... , „„ . 1 IryMI °CAI 17, i"6/11 '411s i;i I i L. _ I� _ �_p-- W . I ' LIR1 N 3 I v 1 1 I Iii ,11 E x° 1 r= Y NNo Y ° co in u, 2 o ..- tn'.- 1 2 a- o 0 o ti W Et -E o� E h 9 a 2 pb ° Q b N n ZS - € ,6°' Q CO p I iii A I 8 ¢ I J 11 8 1 ry irg` g I 1 iaF i x 1 -i.t Ii s 11 i ,ig- ,:: 1 a ,,.- ^G Auuwu"'- ROAD) ,,.xi o (OLO ai FIGURE 3 g: i; R ("LUPAG") map was not designed to be specifically measurable and instead be a broad-brush description of desired land use patterns. However, with the advent of technology, the map was formatted into measurable patterns. Under the digitized format, the lower half of the 5.6-acre is designated Low Density Urban. This designation allows consideration for uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. The mauka portion —which generally corresponds to the area of the proposed 3+ acre lot- is designated Important Agricultural on the LUPAG map. The Important Agricultural land is attributed to those lands with "better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." The proposed family-agricultural subdivision resulting in two (2) additional lots would be consistent with those designations. As such, no General Plan amendment would be required to effectuate this project. C. Kona Community Development Plan The Kona Community Development Plan ("CDP"), adopted in 2008, attempts to further define the General Plan and serves as a guide for decision-makers. The Land Use map of the CDP appeared to follow or utilize the digitized version of the General Plan LUPAG map. In that regard, the lower or makai portion is identified as being within the Kona Urban Area, which parallels the LUPAG designation of Low Density Urban. The mauka portion is outside of the Kona Urban Area, as well as outside of the road concurrency map. Thus, the requested FA-la zoning would be consistent with and implement this designation. (Please see Chapter !X-C for more discussion on this.) D. County Zoning The County zoning of the subject property is Agriculture (A-20a). Although the adjoining properties are also zoned A-20a, there are properties that are zoned Agriculture (A-la and A-3a) proximate to the site. Properties immediately makai are zoned either Commercial- Neighborhood (CN-20) or Agriculture (A-1a). 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'.:1'i.;i•-::......;411:11111t4..Siii:i:'-Stli:'''-:-'0* -,-,..: - . :, .. . ... / i glikiliiii?Pf4A,P‘,-1.111..,N:. .. , . . ... 1 ' .:"..,...,..,,,,...4,.„..::,........f.:',,,,,,,,,;;;:' 40,-0-0-.--,i, •- ' •.:::.,,,,,i,n,..,:z!-,.::-..,.1.,Agomair,4.,.:,,' ':)102:'':.':--.4'.ii.-i',:',.'1::iig:1412.1114:Pii' ::.--•. ..:-.--.,:..:•!...,:i,;iiii,:ii=1:, .:..1::'''.,1410.011Tricatillitillill' -,..,::::,::::••::;.:.-J.:::.4..iiii'V'/ ..'...o . .:..-:,.:.-::.,In:OAL91.1111gt L..:' ............,,....,....:,..:,.:• .......,„....... . :.„:.....,,:.,.: 'tritlitilliti;.........:2;:h.'401•9:4!E.: :-:. •:.-,,,i,.,,:i.:ii:iii"...4';'..itittilili ,..:.,,,,,..:-•,,.'::.•.,,.•::::::..:'• :::::".'ii:35.94,...1.174i4Sts:. . ..:.. r•.:,::.-,,,,,,,,,,,alittoo,..4,1.1.,:!,:::,' '.4.1::,!..!.i.$!:!:,!,..,:i.f.,:i.igiva'..4.40,...i.„....7,,s•:..'i:-....,..1:::'i:gs•'::::r..:.- • •..'•::.: - t... .::,::..: .--,:.:,•:-.,....,44.0tillitl: L'..'i..,:-.1*,..P44.:::i0;.':',411":!':::::':'•,,,,.::,::t.,;-,..,: ::.4i...11: ,1111111111.111,11/ .....,1-:::,.:,:.,H::...i.•:.-,:.:...: L ;,,-;,...:.7.:!,:., s -'-' 1 .........„.,.:„,„,:ii.,...„,iiiiggik.:04,itzsit.t.4140• p.:.,,..:*., .,„,::,,..„10,,:.:,...iititopiAi.,,..,,,ig;',• / FIGURE 4 If approved, the site would be subdivided in a manner meeting with the requirements of both the Zoning and Subdivision Codes. Please note, however, that should the County require road improvements and/or additional right-of-way fronting the subject property, the applicant may elect to seek some relief from them. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested FA-la zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM) Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than three (3) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not high. An Archaeological Inventory Survey ("AIS") was conducted of the subject site, which confirmed that the majority of the site was previously bulldozed by the landowners and/or its predecessor in interest in the early 1970s. Most of the features were agriculturally related and do not require preservation. However, a modified lava tube was recommended for preservation, which will be done by the Applicants and in accordance with the Preservation Plan protocols. This will be discussed further later in this planning report. The proposed action will involve the construction of improvements in a non-urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project site is located mauka of any public roadways. Thus, scenic and open space resources should not be significantly affected. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over three (3) miles from the ocean. Notwithstanding the distance, the nature of the project—family agricultural —and the construction of only two (2) additional private wastewater system is such that potential adverse coastal ecosystem impacts should not be pronounced, if at all. 4 The proposed action will result in creating the potential for family- agricultural farm lots in this area. This should thus provide additional opportunities for farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA-la, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, driveway access permit, and the like. 5 V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel, which is situated along and immediately mauka of the Old Government Road and upslope of the Mamalahoa Highway, is generally rectangular in shape. The 5+-acre site has an abandoned single-family residential structure on the front or makai portion which will be demolished. The current vegetation suggests that, aside from limited cattle grazing, there has been no recent active agricultural activity being conducted on the site. For example, no abandoned coffee or fruit trees —with the exception of a few avocado trees— were found on the property. The site is situated between approximately the 1,670 to 1,840 foot elevation levels. The mean annual rainfall in this area ranges between 50 and 70 inches. The wetter months tend to occur between June through September. The mean annual temperature is about seventy-five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. B. Soils and Topography The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope. The Land Study Bureau Overall Master Productivity Rating for the subject site is generally "D" (D-267) or poor for agricultural productivity. The "D" classification suggests that the site has poor or limited productivity capacity for agricultural crops. It is of the Honuaulu and Moaula series, with limited soil material. The color is dark brown, and the parent material is volcanic ash. This type of soil is well drained and unsuited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being either"unclassified" or "Other Agricultural Land". 6 C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. Neither the Applicant nor her parents have observed any significant runoff or erosion in the recent past. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from the newly constructed improvements will be built, if necessary, in conjunction with the subdivision approval process. 2. Tsunami Hazard As the site is located over 3 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the Applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Based on the AIS, the site's vegetation is characterized by some trees scattered through the site, such as native ohia, kukui or candlenut, 7 avocado, Christmas Berry (Schinus terebeinthifollius) and silver or silky oak (Grevillea robusta). The understory vegetation is dominated by elephant grass (Pennisetum purpureum), torch ginger (Etlingera elatior), and other introduced grasses and shrubs. None of these are on any government existing or proposed endangered or protected list. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (/'o) and the Hawaiian Owl (Pueo). Further the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. E. Historic/Cultural/Archaeological Resources In spite of the site being previously grubbed during the 1970s, an AIS was still commissioned earlier this year. A copy of the draft AIS is found in its entirety in Exhibit A. According to the draft AIS, the grubbing activity resulted in the "destruction of any pre-Contact surface structures that may have once existed in those disturbed areas." Notwithstanding the grubbing activity, three (3) archaeological sites were identified and documented in this AIS. These sites appeared to be agriculturally related and included a 1) modified lava tube; 2) remnant of a stacked stone wall, which could have either been a pre-Contact agricultural field wall or a historic era boundary wall; and 3) stone edge depression, which may have served as a mulching pit possibly during the pre-Contact period. Within the lava tube, numerous historic artifacts of relatively recent age were discovered. While all three (3) sites were documented and deemed "significant solely for the information they contain,"the AIS went further to recommend that the modified lava tube be preserved. The Applicant intends to preserve this lava tube, which is situated near the southern property line (See Figure 5). In conjunction with this effort, a Preservation Plan will be developed and submitted for the review and approval of the State Historic Preservation Division ("SHPD") prior to any land disturbance activity. Further, the proposed subdivision plan will be adjusted to accommodate the approved Preservation Plan. 8 . ._.. ... _-, --' _ • ......._- r-_- --, C= :,--. - 1 ---------' — --- _......„,...,.......,._, ,, .._,T ,,L2..._,,..... s___ ......_... 1-...E.(.2;EN ) '. ' .' -•jp- ' . '7,ss ' '': '''' ,-,•,- ,---,..:,,,,,4„,-:„---.,,,..••',•;.:,!,.,,,„:+1,,,;..'<-4=.-. ",,, i'l =„,.. . . ...., 4 . ,,,,, ..... ' : '''',*,1ww' ..•..„,,,, , ,,,,vi.,,,,. .-'2'• ::.' - -.. ,• - ••• ... .,• . , . •-,,,,,,,,.--"-„•:,' •,•-.•••• . - '4-.'• , . , . .....,,,,. .,•• ,,,,.. •'' '',. , ,,''''' -• - ,„ .',!‘ '''''l :::::,J,,,• • ..„..,,,,,,.., , . .. ---< - .<.• ,,, , . •-,,,,- ' 0 ,,--•',. ' ... ... .. . . ,. . . -... ,• . ,- , . - -- ,. ..,•.,' ... -„,--:• ,- •,,-,' ... ,,..- 1 • ' '' - .--,..,•.„4,-,,,.1,;;•.: ., , ,:-.. . „:- --• ^ .• . „. ie). .. . „.. , . ,.., . , • .-- .-,,- -—-,„ „, . . - <. , . ,.. . . ., ., • '' • '• ',••• ---• .-• ,,,, ...,. ,.. SSSS .... ...„,• ..„,, .. , . ,... -}..-.-, ''-••'.,. - . • „ ..N.i.„..,, -...-.2 .. ....,,..., , „ ..„ a , . 53 ,,..... 3...3., ,,,, . ., i . . ..,. ...,. ' ....'. ...). . . ...„ . • • - ..,..:„ . i , ...... ,i,„' . vit• ., .....,,. .,.•:. ..... .•:. .. i‘ „,.... p ‘ , 0i: .....‘, IL,i- - " mi .,. , . , , . ..... . ,..,. —. .i. .. ,. - ,......, ,..--- . . . - .1N.* ..,..„. ... . ..„ .., ..., 1001111. ' ':,:.::;;:::".:::',.:IiiiiiiiiiiiiiiiiIIIIIINP ":17<': ,:z:::::::::.::":,..;::::::.1'''."...:''',,.f::.'-:,-,,','-„,. ,.,„,•,: < •-•,.;?!-- 1 000010010111*, , 44'.. **: .'.. .*''''. ''''• -.• .''''''' , ,.. :,,,,„ 1,, •,..i ,,,,,,,:. .„.;, . . 1, .. ,,. .. Figure 34. Distribution ofd'. . -..-. enatekd arcac:cheaseseodiolgi91cal5).sites within the survey area (background aerial from Google Earth, DRAFT — Report Type !Pacific. 115gaCy ..,...._,,... . Project Area,Allupua'a 1,,.,,...,‘4,,...,: District,Islaild 47 Month 2012 • Please note further that in accordance with archaeological protocols, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. Neither the Applicant nor her parents have observed any native Hawaiians on the site or adjoining properties gathering plants in recent times. Thus, it would appear unlikely that the site would serve such purpose today. In the event legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. While the AIS identified three (3) sites, only a modified cave situated near the southern property line was recommended for preservation. This will be done through a SHPD-approved Preservation Plan, the conditions of which will be addressed in the Applicant's proposed subdivision layout. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area which cannot otherwise be mitigated. H. Water and Coastal Resources The subject site is located well over three (3) miles from the coastline. 9 As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non- coastal property, no coastal access will be affected. As the site falls within the Critical Wastewater Disposal Area, septic tanks will be required for any dwelling. These will be constructed in a manner meeting with the approval of the State Department of Health. Noise. Air Quality, and Dust The Old Government Homestead Road will serve as the main access to this project. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level should be quite low. With the completion of this project and the resultant three (3) dwelling units, the noise level associated with traffic is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of any required infrastructure and the structures. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only two (2) additional units. Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of potential construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Kona area. The most notable is the backdrop of the Hualalai Mountain. 10 The proposed subdivision and eventual construction of farm dwellings should not have any visual impacts on this mountain and other listed scenic resources in the area. The site is located more on the lower, north end of Hualalai Mountain, and the normal residential height should not detract from the mountain. Further, inasmuch the site is not readily visible from the Mamalahoa Highway, the views of Hualalai should not be impaired or compromised. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural/agricultural in nature. There are very limited, if at all, agricultural activities in this area. For the most part, the immediately surrounding lots are used for rural- residential purposes. There is a 1-acre lot subdivision, zoned A-la, less than 300 feet north of the subject site. A church is located in that general area. Further, there is a small shopping complex immediately makai of the subject property that is zoned CN-10. There is a 3-acre lot subdivision approximately 800 feet south of the subject site. (See Figure 4) Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging rural-agricultural pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make at last two (2) fee simple lots with agricultural potential more readily available. Although the project is directed at the landowner and their two (2) children, it would still enable the ultimate users the opportunity to engage in some sort of agricultural activity. As noted above, the requested zoning would have some measure of economic impact, as it would create two (2) additional smaller farm lots that would be more suitable for families rather than corporate activity. As such, the proposed subdivision should help enhance the potential to have more agricultural activity on the site rather than the site's current non-agricultural and/or historically limited cattle grazing use. 11 Furthermore, one of the landowner's children is interested in cultivating small-scale organic and/or cottage or gourmet type of agricultural products to support his commercial culinary business. These may tentatively include lychee, bananas, kalo or dry land taro, uala or sweet potato, and the like. In so doing, these uses could help serve as catalyst for the site and surrounding properties to be used more intensively for small-scale truck crop farming. As such, with the direct agricultural use plus the added tax revenues, the project could have some positive influence on the island and area's economy. Aside from the potential agricultural activity, there will be some small short-term construction activity associated with the construction of the farm dwellings on the respective lots. This could help with the area's construction economy. C. Agricultural Impacts As noted above, the requested zoning would have some measure of economic impact, as it would create additional small farm lots that would be more suitable for families rather than corporate activity. As such, the proposed subdivision should help enhance the potential to have more agricultural activity on the site rather than the site's current non-agricultural use. Specifically, one of the landowner's children is interested in cultivating small-scale hot-house and cottage or gourmet type of products that would be used to supply local restaurants as well as supplement his commercial culinary needs. These type of products, which require little soil and good drainage, would tentatively include poha, arugala, dryland taro, sweet potato, lychee, banana and the like. Green waste mulch would be introduced to supplement existing soil composition. Water catchment system will also be used to support the agricultural activities, so as not to stress the DWS' potable water system. The parents, together with their children, intend to also raise livestock on the remaining 3.5 acres of land. Through the creation of four (4) different paddocks, the cattle would be rotated periodically. Under such a system, the land would be capable of supporting 4-5 heads of cattle. That wasone of the reasons the largest lot was configured in a manner that would enable grazing access between the mauka and makai portions of the property. 12 These planned agricultural ventures could help serve as a catalyst for some surrounding properties to be used more intensively for small- scale truck crop or floricultural farming. Furthermore, with the direct agricultural use plus the added tax revenues, the project could have some positive influence on the island and area's economy. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from the Old Government Road, which has a right-of-way that varies from 20-30 feet. Beginning at its intersection with the Mamalahoa Highway at the north end, the pavement width varies between 10 to 16 feet. There are 3-4 foot wide shoulders for the most part of the right-of-way leading up to the subject site. Should additional right-of-way be required fronting the subject site, it can be accommodated without compromising the Applicant's ability to have a 3-lot subdivision. B. Water The subject site has three (3) existing water meters from the County Department of Water Supply ("DWS"). These meters are situated at the Mamalahoa Highway and thus, out-of-bound and elevation agreements will probably have to be executed. The out-of-bound agreement is required, as the meters do not front the site as required by the DWS. Because of the elevation of the property relative to the water system, the water pressure may not meet with DWS' requirements. In that event, an elevation agreement will probably be required. The site already has an executed agreement as found in Exhibit B. Notwithstanding the need for these agreements, County DWS water is available for all three (3) proposed lots. C. Wastewater There is no County wastewater system in this area. As noted earlier, a septic tank system meeting with the approval of the Department of Health would be allowed in this area. This will be done by the respective homeowner in conjunction with the building permit process for a farm dwelling. 13 D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA-la zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. Further, all agricultural waste will be retained and utilized on the property. E. Other Government Services As this area is already part of the North Kona urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located at Makalei and Kailua, both of which is less than 3 miles from the subject site. The Police Station, Kealakehe School complex, and Kona Civic Center are located at Kealakehe, approximately 2 miles from the subject site. County parks are available in Kailua, Keauhou, and Kealakehe. As such, the project should not result in the extension of any of these government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in its non-agricultural or vacant state or possibly limited cattle grazing. With the rezoning and eventual construction of farm dwellings, the potential for agricultural activity would increase as well as addressing the need for— because the project is for a family subdivision —affordable house lots. From a long-term productivity standpoint, then, the proposed 3-lot subdivision would provide a heightened level of possibility in having the land used for more intensive agricultural activity while addressing the area's overall housing needs. 14 B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. There are no known floral or avifaunal resources on the site that required protection. Based on the AIS, there is a modified cave at the southern edge of the property which the Applicant intends to have preserved. Its location is such that it should not significantly affect the overall use of the subject site. Although the soil on the parcel has been classified "D" or poor by the Land Study Bureau, there is a potential for small-scale agricultural activity on the site. It is reasoned that the creation of the 3-lot subdivision should help foster and not necessarily remove this land from its agricultural potential. C. Mitigative Measures The Applicant and her parents intend to make improvements generally consistent with the subdivision process. As noted earlier, however, there is a chance, depending on the subdivision requirements, that the Applicant may seek some relief from the standards. During the construction phase of the project, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds, beyond what has already been identified in the AIS, be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County protocols) and clearance secured before work is resumed. There is no existing drainageway on the property. Any and all required grading or grubbing work will be done in conjunction with the required permits and/or a SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. 15 D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would continue with its non-agricultural use. Under that scenario, the property would not be more fully utilized for either housing or limited agricultural purposes. Furthermore, the Applicant's parents would not be in a position to fulfill its estate planning in a manner that would be generally consistent with the agricultural and housing objectives of county plans. 2. Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as RA-.5a, given the proximity of the site to urban uses. Such a zoning category would arguably be generally consistent with some of the surrounding uses. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, such as truck crops or cottage farming in this area in a manner consistent with the area's infrastructure. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and Kona CDP. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA-la alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive 16 development of the island of Hawaii. It provides direction for balanced growth in the County. Under the digitized format, the lower half of the 5.6-acre is designated Low Density Urban. This designation allows consideration for uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. The mauka portion —which generally corresponds to the area of the proposed 3+ acre lot - is designated Important Agricultural on the LUPAG map. The Important Agricultural land is attributed to those lands with "better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." The LUPAG map thus suggests that this is an area of land use transition. In that regard, the proposed family-agricultural subdivision resulting in two (2) additional lots would be consistent with those designations. As such, no General Plan amendment would be required to effectuate this project. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of potential small-scale truck crops or nursery farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State Department of Health. 17 This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the limited farming operations. Any noise- generating facility- such as air conditioners -would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. Based on an AIS, the site has one historic site recommended for preservation. This is a modified cave situated at the southern edge of the property. This will be done in accordance with a SHPD- approved Preservation Plan. Additionally, if inadvertent discoveries are found during the construction phase of this project, work will cease and the County and State notified. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian crow (Alala) or the owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the FA-1 a zoning would allow an additional two (2) more farm dwellings, the project will indirectly fulfill the objectives of the housing element. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective conditions—will be used in a manner where it blends with the existing terrain. As the project site is more than 3 miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. 18 There will be marginal impact to public facilities. The wastewater system will be private. There already are existing county water meters serving the site. Vehicular access to the site is already partially improved and accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than 3 miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • 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 • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the land use transitional 19 designations of Low Density Urban and Important Agriculture designations of the LUPAG map. It would also be generally compatible with the surrounding area. There are a number of 1-3- acre lots proximate to the site, as well as a commercial complex immediately makai of it. The soil of the site is classified "D" or poor by the Land Study Bureau. In spite of such a designation, the site does have limited agricultural potential. Given that, if approved, this project should actually create more opportunities for having agricultural activities on the site. The lot size would be conducive to the Applicant's and other landowners' needs for a residence and family type of farm. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Kona Community Development Plan Relative to the Kona CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the Kona CDP was developed and adopted by the County Council during the latter part of the year 2008. The CDP identified its vision to be "A more sustainable Kona characterized by a deep respect for the culture and the environment...." In terms of guiding urban and rural developments, one of the adopted principles called for developments in rural areas (such as the subject area) are directed to existing rural towns and villages. The subject property is situated on the cusp of or between the Kona Urban and Non-Urban Area. Because the lines on the LUPAG map were not intended to be specifically measurable, it could be argued that the substantive intent of the map was to limit Low Density Urban activities makai and not mauka of the Old Homestead Road. 20 Accordingly, the CDP map —which followed the LUPAG map —would suggest that the subject site is outside of the Kona Urban Area. Although a small portion may appear to be within the Kona Urban Area, the entire property falls outside of the road concurrency map. In addition to the concurrency and land use map provision, the CDP also identified several principles related to the "vision" noted above. These principles and their relationship to the proposed rezoning follow. a. Protect Kona's natural resources and culture. The subject site does not have any critical natural resources, having been already developed as a farm with farm dwellings. The site is designated "X" on the Federal Emergency Management Agency's Flood Insurance Rate Map. This is areas outside of the 100-year storm. Appropriate on-site mitigation to accommodate project-generated drainage — if needed -will be addressed and implemented during the building permit and construction phases of this project. There are also no known floral or avifaunal resources that would be adversely affected by the project. Furthermore, the one identified archaeological site will be preserved. b. Provide connectivity and transportation choices. The area of this proposed rezoning is not identified as any future connector road or on the concurrency map of the Kona CDP. While the balance of the site (which is not involved with this rezoning request) could eventually provide further access to mauka properties, the Applicant has no control over that portion. c. Provide housing choices. With the subdivision of this site, the Applicant would be able to finance and build her own home on the property. In that regard, it would provide a housing choice, although not necessarily for the public since the project is will result in the lots being conveyed to family members. Nevertheless, it does provide a choice of some sorts for the Applicant and the landowner's family. d. Provide recreation opportunities. Again, this project is not a recreational one per se. Nevertheless, this site is not a critical resource for recreational opportunities, as it 21 is not a coastal property nor identified in the CPD as an area necessary for future recreational purposes. e. Direct future growth patterns toward compact villages, preserving Kona's rural, diverse and historical character. The location of this site is proximate and somewhat within the fringe of the Kalaoa urban area. The proposed Fa-1 zoning would help foster this rural concept. As such, the proposed project would be consistent with this principle. f. Provide infrastructure and essential facilities consistent with growth. The basic infrastructure, such as access and water, to support the additional lots already exits. Each lot owners would supplement this with the construction of their own wastewater system. g. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Study Bureau has classified the soil as "D" or poor. In spite of this designation, the site has limited agricultural potential which will be enhanced should the project be approved. The rezoning would enable the land to be subdivided and thus make it more feasible for the Applicant to live on site and develop a farm — even if only marginal. That would be way better than leaving the site in its current vacant, non-agricultural state. h. Promote effective governance. This principle is not applicable. In discussing the regional land use framework for rural areas, the CDP states that"Outside of Kona Urban Area, the character of the rural areas should prevail. ....(L)imited future growth should be directed to the existing rural towns and villages in a way that revitalizes and enhances the existing rural lifestyle and culture of those communities. The subject area is located close to the rural town of Kalaoa. The creation of a two (2) additional 1+ acre size lots would help foster this goal. 22 D. Zoning and Subdivision The designated zoning of the site is Ag-20a. Should the FA-la zoning be approved, the requirements of the zoning and subdivision codes would generally be complied, including use and related development standards. These include— if necessary- the incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. However, depending on the subdivision requirements, the Applicant may seek some relief of any infrastructural or related requirements. E. State Land Use Agricultural Standards As the requested lots will be more than 1-acre, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. 23 • Ai., ......... , ,. _Pacific _. ...._ . - Historic Preservation DRAFTLH __, ARCHAEOLOGICAL INVENTORY SURVEY OF A 5.355 ACRE PROPERTY IN THE AHUPLIA A OF KALAOA 5 1 NORTH KONA DISTRICT,HAWAII ISLAND JTMK (3) 7-5-004:012] , i [ !, I i F[ i S ,',,,-:„.--,;%, 7 s _ .. �JJ ii' •-, i X51 " 1 .�r, Tel"` ! J':f. -0,,,,,,--3f Z 'Y , [ '4,15 f' -''''' ' -:S.,•,,,,..ii,...:L 4.' \-0, .' - ---,:,: .:-.4*,'''' ..0,-;. - -,,,, 7 , y. .„*...„ Izirci--7,:;,,s-• 7.-*!... --.'.,-- I', ,. ;— —,,4 7,-,,,,v,-:,,,,- i , • ... ." _. - t. rte' k+t T „iiter 4 4s. �'". '- 4k ,-4' -.7,'.: • ,<, ' _,4*. ''f1`p. }.J .fi , i!, , �,� j_- - f ,,,-(1-, � Y ,. ,,,..= U LTU RAL < .2.,„,„,.,.......,-. - . , * :•, a ..rRESC1 SES s - ' .:', ...,Ti'X',.-"r<= ..."1.— - 1 CONSULTANTS -,-,,..,v,;,,-..,. � ,-,.,„,ti-:, ,Lr r s -r—_ . x ,'`cs.,�� r s - • , cy '� t:, � & r ... r • • Hawari Offices: �r +r s a -a Ka.ilwi.(Yah xi a. ilo Hawa3�1. H Pacific Legacy: Exploring the past, informing the present,enriching the future. 1_.._-? California Offices: Business Office Bay Area Inland Empire L Se»- CntraI Valk!,. _ EXHIBIT A • DRAFT ARCHAEOLOGICAL INVENTORY SURVEY OF A 5.355 ACRE PROPERTY IN THE AHLIPLIA`A OF KALAOA 5 NORTH KONA DISTRICT, HAWAII ISLAND Prepared by: Rowland B. Reeve,M.A. and Paul L. Cleghorn,Ph.D. Pacific Legacy, Inc. 30 Aulike Street,Suite 301 Kailua, HI 96734 (808)263-4800 Prepared for: Thomas Whittemore P.O. Box 1929 Kailua-Kona,Hawai`i 96745 May 2015 ABSTRACT At the request of Mr. Thomas Whittemore,Pacific Legacy,Inc.conducted an Archaeological Inventory Survey(AIS) of a 5.355 acre property located the ahupua`a of Kalaoa 5,within the district of North Kona on the island of Hawaii[TMK(3)7-3-004:012]. The parcel which forms the survey area is one of several residential properties situated along and immediately mauka (upslope) of the Old Government Mauka Road,which is itself slightly upslope of the Mamalahoa Highway. The majority of the 5.355 acres were grubbed during the 1970s. This has resulted in the destruction of any pre-Contact surface structures that may once have existed in these disturbed areas. The present archaeological inventory survey resulted in the identification of several structural features located within the survey area. The majority of these appear to date from the 1950s or later and are directly associated with the present house structure located in the southwest corner of the property. This house and its outbuildings was determined by the Hawai`i State Historic Preservation Division to not be eligible for listing on the State or National Registers of Historic Places. A total of three archaeological sites were documented during the survey. These included a modified lava tube(Site 50-10-27-30295),a remnant of a stacked stone wall(Site 50- 10-27-30296),and a stone edged depression(Site 50-10-27-30297). The Site 30295 lava tube was found to contain a stone faced and filled terrace and a low table-like platform. Numerous historic artifacts of relatively recent age were found in the tube,and it is not certain whether the internal modifications also date from the recent period or are much older. It is also uncertain as to whether the Site 3296 wall segment formed part of a pre-Contact agricultural field wall or a historic era boundary wall. The Site 30297 modified depression looks to have been a mulching pit utilized for the cultivation of crops,possibly during the pre-Contact period. Although the majority of the 5.35 acre Kalaoa survey area was bulldozed during the 1970s, those artifacts and remnant archaeological features documented by the present survey can tell us something of the area's past history and its former land use. The discovery of two traditional artifacts,a polished basalt adze and a vessicular basalt abrader,indicate that there was a native Hawaiian presence in the area during the pre-Contact period. Though these objects have been removed from their original context,they suggest some of the activities that took place within the survey area. Most likely,the land,which rests within the`apa`a zone of upland cultivation, was planted in dryland kalo(taro,Colocasia esculenta) and other crops such as `uala(sweet potato,Ipomoea batatas),ko(sugar cane,Sacchrarum officinarum) or mai a(banana). Further evidence of this is suggested by the presence of the Site 50-10-27-30297 modified depression, which strongly resembles traditional planting features found elsewhere in the uplands of North Kona. Since only a badly disturbed remnant of it has survived,it is not clear whether the Site 50-10-27-30296 wall segment originally formed part of a traditional agricultural field wall or a later historic boundary wall. Given its proximity to the traditional upland trail that later became the alanui aupuni(the Old Mauka Government Road),it is possible that the survey area may also have contained one or more habitation site. These sites would have served as temporary or permanent residences for the upland farmers cultivating the surrounding lands. The Site 50-10-27-30295 modified lava Report Type Pacific Project Area,Ahupua'a Legacy District,Island 1iiu Month 2013 i rres,:"'""'° tube may have been utilized as a temporary shelter during the Pre-Contact period,though there is no direct evidence of this(the cave was certainly used/reused during the later historic period). The use of the survey area for the cultivation of crops appears to have continued into and through the historic period, as attested to by the photograph of dryland kalo on the land at the time it was owned by Jacob Palakiko Kamaka Kama(see Section 3.2.7). In the 1950s,the project parcel became the residence of Henry Palakiko Kamaka Kama and his descendants. The three historic properties documented during the present survey were evaluated as to their historic significance based upon one or more of the State Historic Preservation Division criteria as defined in Hawaii Administrative Rules(HAR)§13-275-6. All three were found to be significant solely for the information they contain. In the case of Sites 302%and 30297 that information has been adequately documented during the current archaeological survey. The Site 30295 modified lava tube was recommended for preservation. DRAFT— Report Type Pacific Project Area,Ahupua`a jcgacy District,Island l;ttonc Month 2012 ii P"mr"t'°° TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 Report Organization 1 2.0 PROJECT BACKGROUND 2 2.1 Project Area 2 2.2 Environmental Setting 1 2.3 Impacts to the Survey Area 1 3.0 HISTORIC BACKGROUND 3 3.1 Pre-Contact Period 3 3.1.1 Traditional Environmental Zones 3 3.1.2 Pre-Contact Land Use 5 3.2 Early Historic Period 7 3.2.1 Early Accounts 7 3.2.2 Population Decline and Abandonment of Cultivated Fields 8 3.2.4 Mahele `Aina. 9 3.2.5 Royal Patent Grants 10 3.2.6 Later Historic Land Use 19 3.2.7 Grant 1609 and the Kamaka Kama`Ohana 19 3.2.8 Family Burials 26 4.0 PREVIOUS ARCHAEOLOGY 27 4.1 Archaeological Research Mauka of the Mamalahoa Highway 27 4.2 The Kona Field System 29 4.3 Anticipated Survey Findings 30 5.0 METHODS 31 5.1 Survey 31 5.2 Test Excavation 32 5.3 Curation 32 5.4 Interviews 32 6.0 FIELD INVESTIGATIONS 33 6.1 The Existing House and Related Structures 33 6.1.1 House 36 6.1.2 Water Tank 39 6.1.3 Garden Area 40 6.2 Documented Archaeological Sites 45 6.3 Isolated Finds 58 6.3.1 Pre-Contact Artifacts 58 6.2.2 Historic Artifacts 65 7.0 TEST EXCAVATION ... 72 Report Type Pacific' Project Area,Ahupua'a Lucy District,Island Month 2013 iii ray r-atm 8.0 SIGNIFICANCE AND RECOMMENDED TREATMENTS 75 8.1 Historic Significance 75 8.2 Assessed Significance of Project Area Sites 75 8.3 Recommended Treatments 75 9.0 SUMMARY AND RECOMMENDATIONS 77 9.1 Summary 77 10.2 Recommendations 77 10.0 REFERENCES 79 APPENDIX A 83 APPENDIX B 85 APPENDIX C 87 DRAFT— Report Type Pacific Project Area,Ahupua'a Lucy District,Island iv Month 2012 �;su IV Pmurrarinn LIST OF FIGURES Figure 1. Location of the project area(base map USGS Keahole Point quadrangle). 2 Figure 2.Topographic map of the Kalaoa survey area(base map USGS Keahole Point quadrangle). 1 Figure 3.Aerial photograph of the 5.35 acre Kalaoa survey area(background aerial from Google Earth accessed 2015). 1 Figure 4.Aerial view of the survey area showing current vegetation(view south,Bing aerial accessed 2015). 1 Figure 5. Vegetation in the mauka portion of the survey area(view east). 1 Figure 6.Concentration of stones between two Thi'a lehua trees (view southeast). 1 Figure 7. Landscape remnant left by grubbing(view north) 1 Figure 8.Pig trap within the survey area(view west) 1 Figure 9. Pig pen within the survey area(view southwest) 2 Figure 10. Portion of Joseph Emerson's 1888 map of the ahupua a of North Kona showing the limits of the forest at that time(Emerson 1888 map). 6 Figure 11. Section of the Hawaii Territorial Map of 1952 showing Kalaoa 5 ahupua'a (Awana 1952 map). 12 Figure 12. Section of the Hawaii Territorial Map of 1952 showing Grants 2972 and 1609(Awana 1952 map). 13 Figure 13. Joseph Emerson's 1888 map of the Akipuu Section of North Kona(Emerson 1888 map). 15 Figure 14. Portion of Joseph Emerson's 1888 map showing Grants 2972 and 1609(Emerson 1888 map). 16 Figure 15. Portion of Joseph Emerson's 1888 map showing the inland extent of the ahupua'a of Kalaoa 5th and the present project area(Emerson 1888 map) 17 Figure 16. The February 1936 Hawaii County Tax map showing the division of the Grant 1609 parcel 21 Figure 17. Portion of the 1928 U.S.G.S.topographic map of the Keahole Point quadrangle showing the present survey area. 22 Figure 18. Hawaii County Tax map updated March 1949 showing the additional division of the Grant 1609 parcel. 24 Figure 19.Location of previous archaeological surveys conducted mauka of the Mamalahoa Highway(base map USGS Keahole Point quadrangle). 28 Figure 20. County Tax records for the additions to the Kalaoa house. 34 Figure 21. Sketch of the house and additions from County tax records. 35 Figure 22. Floor plan of the Kalaoa house(base sketch courtesy Thomas Whittemore). 35 Figure 23. Existing house from the lower driveway(view east,photograph courtesy Mr. Thomas Whittemore). 36 Figure 24. Attached `ohana style bedroom(view east,photograph courtesy Mr.Thomas Whittemore). 37 Figure 25. Open shed to the north of the main structure(view northwest,photograph courtesy Mr.Thomas Whittemore) 37 Report Type Pacific Project Area,Ahupua'a LAY District,Island Month 2013 Figure 26.Water tank located behind the main house(view west) 39 Figure 27. Former garden area behind main house structure(view southwest). 41 Figure 28.Aerial photograph showing the various features of the garden area(base aerial Google Earth,accessed 2015) 42 Figure 29.Stone wall partially encircling the garden area(view southwest). 43 Figure 30. Modified lava outcrop within the garden area(view northeast) 43 Figure 31.Stone edged terraces within the garden area(view southeast) 44 Figure 32. stone platform within the garden(view east). 44 Figure 33. Distribution of documented archaeological sites within the survey area(base map USGS Keahole Point quadrangle) 46 Figure 34. Distribution of documented archaeological sites within the survey area(background aerial from Google Earth,accessed 1915). 47 Figure 35. Plan view map of the Site 50-10-27-30295 modified lava tube 48 Figure 36. Entrance to the Site 50-10-27-30295 lava tube(view north) 49 Figure 37. Entrance ramp into the Site 50-10-27-30295 lava tube(view south) 50 Figure 38. Face of the Site 50-10-27-30295 internal terrace with green glass bottle(view south) 50 Figure 39. Clear glass medicine bottle found in the east chamber of Site 50-10-27-30295 52 Figure 40.Green glass crown cap bottle found in the east chamber of Site 50-10-27-30295. 53 Figure 41.Site 50-10-27-30295,internal slab table(view south). 54 Figure 42.Kitchen knife found at Site 50-10-27-30295. 54 Figure 43. Site 50-10-27-30296 wall remnant(view southeast). 56 Figure 44. Site 50-10-27-30297 stone edged depression(view north). 57 Figure 45. Locations of the two pre-Contact artifacts found in the survey area (base aerial from Google Earth,accessed 2015) 59 Figure 46. Broken basalt adze found beneath the existing house(side view). 60 Figure 47. Broken basalt adze found beneath the existing house(back view) 60 Figure 48. Polished basalt adze found on adjacent property(side view). 62 Figure 49. Polished basalt adze found on adjacent property(front view) 62 Figure 50. Vesicular basalt rubber in situ(view southeast). 63 Figure 51. Vesicular basalt rubber(upper surface). 63 Figure 52.Vesicular basalt rubber(lower surface). 64 Figure 53. Vesicular basalt rubber(side view) 64 Figure 54.Various types of iron shoes(the top two rows are mule f donkey shoes,while the bottom row is a conventional horse shoe). 66 Figure 55. Iron snaffle bit. 67 Figure 56. Various iron curb bits 67 Figure 57. Selected iron curb bits. 68 Figure 58. Selected iron curb bits. 68 Figure 59. Iron stirrup. 69 Figure 60.Wooden and iron stirrup 69 Figure 61. Iron spur without rowel. 70 Figure 62. Plan view map of the stone platform within the garden area 73 Figure 63. Stone platform in the garden area before excavation(view east) 74 Figure 64. Stone platform in the garden area after excavation (view east) 74 Frontispiece: Site 50-10-27-30296 stacked stone wall remnant(view southeast). DRAFT - Report Type Paci f Project Area,Ahupua'a Legacy District,Island 1 iisr me Month 2012 vi r�, 1.0 INTRODUCTION At the request of Mr.Thomas Whittemore,Pacific Legacy,Inc.conducted an Archaeological Inventory Survey(AIS)of a 5.355 acre property located the ahupua'a of Kalaoa 5, within the district of North Kona on the island of Hawaii[TMK(3)7-3-004:012]. The archaeological inventory survey of the Kalaoa property was conducted over a period of two days in March of 2015. The survey was under the overall supervision of Principal Investigator Paul Cleghorn, Ph.D. Field operations were supervised by Rowland Reeve,M.A.,who was assisted by Ms. Amara Kunishi,B.A. The survey and the resulting archaeological inventory survey report meet the requirement specified in Hawaii Administrative Rules (HAR) §13-276(Rules Governing Standards for Archaeological Inventory Surveys and Reports). 1.1 REPORT ORGANIZATION This report is composed of 10 sections and 3 appendices. Following this introductory section, Section 2 presents the background to the project and the environment of the project area. Section 3 and 4 provide the cultural and historical background and the results of previous archaeological studies in the area. Section 5 details the field methods employed during the present survey. Section 6 presents the findings of the survey. Section 7 details the results of test excavations conducted within the survey area. Section 8 provides significance assessments for the various sites identified and indicates the various treatments recommended for the identified sites. Section 9 gives a summary of the findings and our recommendations for the management and mitigation of effects on the archaeological resources. Section 10 lists the references cited in this report. The data appendices that support the report include. Appendix A. Section 6E-42 Historic Preservation Review Letter Appendix B. Site Attributes Appendix C. Site Coordinates DRAFT — Report Type Pacific Project Area,Ahupua'a Lcgacy District,Island 1t5tr RT Month 2012 1 Px,tnvauun 2.0 PROJECT BACKGROUND 2.1 PROJECT AREA The 5.355 acre survey area is located within the alucpua`a of Kalaoa 5th in the district of North Kona on the island of Hawai`i(Figure 1 and Figure 2)_ The parcel which forms the survey area is one of several residential properties situated along and immediately mauka(upslope) of the Old Government Mauka Road,which is itself slightly upslope of the Mamalahoa Highway (Figure 3). : ` .:djs'.�,• ,. _ - - ,�y� ''''A:§ -1T,T' "'yam«:i::,1",'1'..2.4,f).., ]t 3. .. • f1 ,. , ; ,, 4'2: ::. . ,.. tp:, _. 1 ,� , ,.fin J'Y, ,:. ' ., .,, 4 ... .. ... .• Xy.� • " tit '. -' ' ' - _ i 7 - ' 4 w .ger, 1--lie' `r"y.. � _ '" a 4 4 , a >'r - } tr:'%f. '?-.'i .::: . , :::r' '''::"-:1_::::,74._....-.7......, Survey Area 7::,,,,,,i '..--'''''''::---.'----''-- *.'-''''' ' f"' ;1,...:1., ::+1(7::::..,,, . F� A :_. /J� it — �, \ ' e , ,. I., A ' ,,,...,---- -----,.. '^ ti,4,,.,..• •,- - .,*. _,,•', LEGEND 1 ✓ ED Survey Area r - ' -L\ I.t ‘i"- _ ..... ,;-'***-* Source:USGS 7.5 Minute Series Keahole Quadrangle 1993 v w l.j 1:39,412 :(r.YSC�usrA, `' .' , 2 3 4 ; INNIMINIMInims ' Eli 6 W Cf C 1 2 ies Figure 1. Location of the project area(base map USGS Keahole Point quadrangle). DRAFT — Report Type Pacific' Project Area,Ahupua`a Legacy District,Island ! t Month 2012 2 one vcrtion °t eF G- z` , 1 ; ;J t! J 4 t � a '3 i i a } t, , a t} ( } "t f:,A' ' , LEGENDfir,, �t} (...23 purvey Area Boundary ,J _._._., _ .._....—.�... _ 5 $ .�_- '1 is A4''''''''''' ' ,,:, .,,,,4 ,..' ' Y , , 1 ' ' I'''' ' Y ' I : , ,. ,, ,.,„ , ,,,,,,,,, . . , , ,, .., , . ,,, , , ,, ,,., .. ,,,,,, , ,- , „ . ,, , ,.. .,, , .„ , , ,„ , . .,,, ., , } t , , , ... ., . ,., .... , ,, ai „ t f 1' „„1 rx ! , ,3 , „ . ,,,, 3 . , St t + ! l t , ,, , fixt yit ) . ., ,,, — ,.. , , ,,i, 1 ,, ,,,, qtr' ,,,,„ „,,, , }rt 7113} r r7 '�' ' e: Oct ��,1' rtl st ....,?U .'' ,, ;t t,� 1 �., fl 7 1 }1 k ' �.+ i,J � XR L} '' tq t i t ¢ t t4 r _ r _ .t � I a ,�, ' j ' ry reg► y. ., :, t :,i; , tilr r x } , ,. { S F3..3. to l ,, .,,‘. 3,' r FY . , ;� , , 4}}t .. n ,, a tr ha '. ',..., . ,i t q .:f.i k- '{ €i '�.�,xi, � i'w )� ��Y it '4' ..,,,,, „ , , .,, .,,,..., ,, ., ,. ,,,,,,,. .3. .‘,.,, J ' ,±; 1 tt'} ' a, '. 4 1 f� k.n e .•;,'<'•,,,,•:',,, , ,‘ 4,/ �'! \ i 1 j i. �e1 5 r al c4 0ty`5” 50 ,; 100 150 hs �:' 200 t mini � t 100 } � a 300 +�0 500 ,ea Ja ! , t • ._ �' ,F ... e. '.-^Gi.—. Y�4'Q•.. :ail. Figure 2. Topographic map of the Kalaoa survey area(base map USGS Keahole Point quadrangle). DRAFT — Report Type Project Area,Ahupua`a District,Island Month 2012 1 "" = ------------- 'fir"' '- Alr ,' F'. H 1/4 A iPI i 4.,, aili, y 4 -: .; b:- s� M S c,t,,,,,,,,,ik 1 Q.. ,t,,„..ail r�..Tl) .s Survey Area :p pb . ,,,,, ,,,,,,, . . ,, , , .,,,, ,,,,, .,1.''' '111 1/ % tl�� ', �Nn.?t s1, t� 1t1 2 ' iii 1 * +~ 17. O. 4 A, i ,, . , ,, . , . , .. .. iii, s ....:, , .,, , 1,4 ., 4110 1016.‘ O''''' 100 0 ;'c 400 Y Figure 3. Aerial photograph of the 5.35 acre Kalaoa survey area(background aerial from Google Earth accessed 2015). DRAFT — Report Type Project Area,Ahupua'a District,Is.land Month 2012 1 The subject property is located almost immediately upslope(across the Old Government Mauka Road) and slightly north of the present Matsuyama Market. 2.2 ENVIRONMENTAL SETTING The land area examined during the present archaeological inventory survey rests on the slopes of the volcanic peak of Hualalai on the drier leeward side of the island of Hawai`i. It is situated between roughly 1,670 and 1,840 feet(509 to 560 meters)in elevation and is approximately 7,700 meters inland of the shoreline(Figure 1). This elevation receives more than 1,000 millimeters (c. 39.37 inches)of rainfall a year(Giambelluca et al, 1986). The underlying geology throughout the project area consists primarily of gently undulating pahoehoe lava flows. These Hualalai Volcanics were laid down between 3,000 and 5,000 years ago(Wolfe and Morris 1996 map). The lava is overlain by soils belonging to the Kahn»Series of extremely stony peat,which consist of thin,well drained organic soils that have developed over `a`a lava(Sato et al. 1973:22). There are no perennial streams on the leeward slopes of Hualalai and so there are no surface water sources within the survey area. The vegetation covering the project area consists of scattered trees with an understory of elephant grass (Pennisetum purpureum),torch ginger(Etlingera elatior)and other introduced grasses and shrubs(Figure 4). At the time of the survey,much of the survey area has been grazed by cattle and as a result the undergrowth was relatively low (Figure 5). The trees present on the property include native ohi`a lehua(Metrosideros polymorpha),the Polynesian introduced kukui(candlenut,Aleurites moluccana),the historically introduced avocado(Persea americana),Christmas Berry(Schinus terebinthifolius),and silver oak(Grevillea robusta). 2.3 IMPACTS TO THE SURVEY AREA Most of the 5.355 acre Kalaoa survey area has been extensively grubbed,which has resulted in the destruction of any pre-Contact surface structures that may once have existed in these disturbed areas. A number of bulldozer push piles are visible within the property. The grubbing,which was conducted in the 1970s(see Section 3.2.7), was somewhat selective in that an effort was made to avoid most of the adult trees present at the time. As a result,a number of native `ohi`a lehua,as well as introduced fruit and other trees were left undisturbed. One result of this selective grading is that,in areas where two trees stand close together,it is not unusual to encounter concentrations of stones resting between them(Figure 6). On initial inspection,these concentrations can resemble low stone mounds, similar to pre-Contact Agricultural features(planting/clearance mounds)found elsewhere in upland North Kona. A closer examination,however,reveals that the soil surrounding these concentrations of stones has been cut away,leaving small raised islands of soil and stones between trees where the bulldozer could not pass. The mounds themselves appear to be a combination of raised remnant landscape and bulldozer push pile(Figure 7). The stone concentrations seem to represent relics of grubbing,rather than of any early agricultural activity. DRAFT — Report Type Pacific\ Project Area,Ahupua'a Legacy District,Island I-1[tont Month 2012 1 n-.-orator: •.nyw,g„ V :a:r1 • 19,10 ' r , x T OS 44r- Y a Figure 4.Aerial view of the survey area showing current vegetation (view south, Bing aerial accessed 2015). DRAFT — Report Type Project Area,Ahupua'a District,Island Month 2012 1 �ff� J , �y� �4 ..�`9ry.R R� s„`. �,.i`�A ,y • rr>�r�•, .�$. ia, 4 t t ' ` r �+ - ✓. * �,y�, fit. � i<' Zj 'a E Iw k 14 3{ Figure 5.Vegetation in the mauka portion of the survey area (view east). DRAFT — Report Type Project Area,Ahupua`a District,Island Month 2012 1 L....,s V a V f, • r�r^ VJ mt W °w ".."�1'• ,�°+"'tiA�":. d _.- ''- Y,fit+•* 4`}•, { ..-:ii q*4 ,.t. • .._... •�"+_,.,k -Y.\�.' � . • tt E4.... 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W,g '11 , t t `'!1 ..—'...--;,,s d� y` + , ' 'r O 5 �yy+i44r i w !. • ,, 11 � • cu • $Ni' S +, f 4' 41'1 ' I i......r.,,,,,,„=-:` -„,— ,.:At.,,,,,,,,,t,',• ' i.l Eb 17 i \ )�/ d ' ,....i..,*,, ts1 t, t .yr V ,--'i , � , ytAdi 7r f r \t '•;01;.,,,,,, l� Ir =PyI -t'� t4 ��,., q �) i O t$,py -,.„,..,..,,,i7\-..?T., fri \ s a,t ,,,� r 1#. d �� � .r` �d i ., � �it*7.,,,•,,,,'„'',...7,,,,,,,;,,,,,,,,„..,,,,:,,p, f..'•• '„ « „-.' r�t ? i, ?aaYsft ; � Cd ;.rIv'sw' R F kT - r �1N4i4OCO .,,i'', ..:,':,-''''''''1'4';i' Itle • •t 1^' R-1 7. y. t = a Pwi. 7 '-. d yi S{� s;iy''++(- 4 n t S a . ,HL e y '5 „ .,Yj y VY/rs ,.,44_•S• tk ” 6;.1 ;. f ,....p t 1 I i In recent years,the subject property has been used for cattle grazing and for piggery operations. f While the main pig pen structure(located just north of the existing house}has been destroyed, several small wooden pig traps and pens are present in the mauka portion of the property (Figure 6 and Figure 9). A number of abandoned automobiles awe also scattered over the parcel. These vehicles all date from within the last fifty years. ! Li At the time of the survey,a house structure,associated cement driveway and related outbuildings stood toward the makai(seaward) end of the parcel. The earliest of these ; Li structures date from sometime in the 1940s or 50s. They are discussed in greater detail in Section 6.1. [I p .'s.?ir::: - :*?-T. - i. — lik.i.- ., r , Y --,.7,-.3 d=am } ! r_ ° .. Y.'.', ii, - . , , , p 5,,, , -"- , -- ,_ ''..,:.-,„,,,,,, --: -:'-,,f I] ,,,, ,,,,, - , ,, - , - _. ,,, [I - ��. � -� / „t-,li,,1 }.. 4� py°`moi - 7 ;',ff-lif'-- itx —> 1,,...1--- .,...ti,,,,..- 11 ,..._ _ , , _ 2. 9 . s....,.., .* moi.} } f � - ♦ L ^,.' -""3'+� :«,r J' f 9 ..iF 'L S Jy��c7 $p £. _ "'�'"flw•+�' J. ''-'t-- , f..:<> h, - , .. .' Li . ., _, ,s,..„,,......., „..„ ......,..„_,..„ ...,, ,,,, „ . ., „._, ,. .. , , -,- . i -,, •.. ,,.., .4,..„,_,,..,‘,...„„ .... .... _ , , ,,..„, , , , , 4 . '. - T' _ ��. _ 9 ..f'•.Ike Y} ____ ,%___...,., Si y . "",a4.. �' �ajjf�.1. �"Tf'a-V'.'' '"1 � 'i ..tee^. ,_� '"�" '. ,i• ' w 11 ., - .. - : ..,.,, . i -- . -' , - ,s, _ -2,,,,vt-,---1,-...;...,,,,,,,-..„,..--:‘,.,_-_ ,,-. -- ' .. 1 .,,,,,,,....."..- - .,_....,:, / :. -ah' .e ' t''�,nem :,---',,,„..ti. ,,,.,,,.. ,-,- r , ,„ -,.,.,, - , '.' _ - - ,- ,_,:,.: qq - - ..: a'� �'dV tis �±'-,,,‘;'4.--- - a, � � �i zf Y,'.4A I ,--,,,,-- -..,-,,,: '::- --.4R - ' - ' -- '----;;V---'-'4 :=',.i".-'i.,\.,..- - r. s . 4 ---;:';1'.-4;> . ---;%-t''''''' ^''' i. f_.. .:,,,. .r.,,-,-------...- iia` -,s"'E.._a,..i _: S Figure S.Pig trap within the survey area(view west). LI Li DRAFT — Report Typecl '� Project Area,Ahupua ajsacy g1_, District,Island i :tom Month 2012 1 y F'rx�scst,:inn J „( t'iv,,,' --oligl, 4 ,......,.4 - - - , . .. . .•,. .., ,----4,„?;.•,,,,,,,, . . re- )t: ,,,4,,ki4 ,.1 . . , , . traAcitigtiv._ t':,!,,v-.17, !Ail.: , -4,,r..-4 ', . i ' k, -,i4,,,z,„, ....‘ „ ',...., ,i',:*:, ',..,;,!•,4',..:,.4,:i.:;---,'•?,,,',1:::-:' .. ... , • , , . , .). . ., - - ., , ,,,,,,,,. .. . .,.. . ,., , ,,_ _ . -,4,:!..,tit i, ,,,:,,,,,,,,.rl,„,,,...,4,,,,,t, •7 ' - ' ' f•:•,;,,,4.0iS, ,,,. : ' : ' ' • '-1:1;: C,1 • . . - -4,,.- . A .t• v) ) .. ..4 .,- ----. P ft -,:',,s'',-4.`'.•:‘,,4i,'„,.4'.1,;. • , ,,,,. ,,,,,, •” .': - ,, Wz.,-;,,A",,,,;i•,V.-.;: ' ' ,1 ';'" 'S - - I , ,,' . , ,:, -- .....,,-.4'r-:,,. /,'-,',.,‘', ,74$184-',': ,,,„,,,,t, ' .,..., 4 •-;-.:',:., .,:. ,,. , 1 ., ,,,•,,,,,. -,,,,,i ,,,‘,,,,,a..,!, - ., ,.‘-,,:' ,:: .•,‘„,...a. ,I.,..,..,,.,2t,„:' . .,?, , .., i...,;:„ti !. ,,,, „ , 44,41..... . , --,,,,,- • , ',. ." , '- r,,,, . '_::'' . ' -',..'.', ',:.-•,.- :Y r:,-' ..; ,' si::::,:,:i , '. ,to, , , ,...,,,,.. 4 ....A - • ,.! ,..,., ,: ,:,‘„,.' :•,,,,:-. '.,/,•',...... .',..• ' • (\,-,, ' ,,-- I :i. :: :4,,,,,„I\ • ..:,..„,•,•7'.1`**, ., . 4_,-.1' w t ›, .4 0 _ 0 ,4 0.-- .. .....„.._. . ir--' •.-,,,i,'...*,,,,,,,,,,_‘:',,.!,-.-4'..4.4,,z,1 .— ...,.; i, A •r,1/4* . ' ,:„,,-,, '',,- '..: ,,,,.'•'.. 1.1.i.,'-'41:1c1.':,...t,..i•J''.7,4, '4:4,„,, -,....„ . .'.. ,..., ...„, r.,.„• ,,..„,...7,1,,, . , . ''., -' ---- 4: < .,.., ( ) , ,' , ... ;.•, '„."-',t,..44f,,,,,,,,., ..,.•4,-..,,,‘. ?,c.. tt,) . , ,, , . . , . ,-,f — — . , .. -•.'-,,,,,,.-.7,.---,'...• ,.,:,.''''':,,„' , ti„,„, ::,:: 4 2 — is : - , 41. . , ,.. . . .. ...„..,..„ ,.......„:„ .;. 1 : .; , „..,;,8,,;.,.,1,,,i., - . ,:,--;;,,,,,,,,,_\ , .".', . ''' ,.,,,,'4*';',','' '1;f: ' '54t,T'l,"!"',.'' ,, ,44:1*/..' :'' ,8, .2 —„:,•.,;:',;,-2:',"''''"'''''''''' :, ,, 3.0 HISTORIC BACKGROUND The Altupua`a of Kalaoa 5 is the southernmost of five traditional land divisions that bear the name of Kalaoa. In their Place Names of Hawaii,Mary Kawena Pukui,Samuel Elbert and Esther Mookini translate this place name as meaning"the choker(as a stick for catching eels)" (Pukui et al.1974:75). The word laoa can mean an"eel-catching stick;to fish with this stick;to choke, as on a bone" (Pukui and Elbert 1971:178). 3.1 PRE-CONTACT PERIOD The ahupua'a of Kalaoa rest within the lands traditionally known as Kekaha wai ole(the waterless place). These more northern lands received less rainfall and possessed thinner soils than the more fertile agricultural lands of Kona kai alma(Kona of the distant horizon clouds above the ocean)to the south(Maly 1994:A3,Maly and Maly 2007:12). As a result,they were not so well suited for crop cultivation and not as heavily populated. The ahupua'a traditionally considered to mark the boundary between these two land areas was Keahuolu, some three miles south of the project area. 3.1.1 Traditional Environmental Zones As well as being divided into distinct ahupua'a,the lands of the Kona districts were traditionally separated into a series of environmental zones based upon their relative elevation. The names and features of some of these traditional environmental zones have been provided by Marion Kelly through her study of historic land use within the Kona region(Kelly 1983). As part of this study, Kelly identified four traditionally recognized vegetation and cultivation zones. These zones are elevational in nature,beginning just back from the shoreline and extending up into the forest. They included the: Kula zone,which in Kona encompassed the dry coastal plain stretching inland from the shoreline Kaluulu zone,an area of luxuriant growth including groves of`ulu (breadfruit, Artocarpus altilis)trees Apa`a zone,an area of dryland cultivation that formed the core of the inland agricultural area(known archaeologically as the Kona Field System,see Section 4.2) Ama`u zone (sometimes referred to as the wao kanaka),the area of upland rain forest dominated by the ama`u fern where limited human activity took place (Kelly 1983:47-50,Pukui and Elbert 1971:353) DRAFT — Report Type Pacific Project Area,Ahupua'a Lucy District,Island Month 2012 3 rn_;cn,anpn, Ethnohistoric sources indicate that up slope of the`arna`u zone was the wao nahele(the inland forest,also referred to as the wao Id`au or wao`eiwa)and beyond it the wao akua,the wilderness of the gods (Malo 1951:17, Pukui and Elbert 1971:353). Subsequent researchers have attempted to further clarify the elevation limits of these major environmental zones. The first of these efforts was undertaken by Rose Schilt as part of her archaeological investigations along the Kuakini Highway Realignment Corridor,conducted from 1980 to 1983 by the Bernice P. Bishop Museum(Schilt 1984). Schilt attempted to map out the ethnohistoric planting zones distinguished by Kelly as they existed within her study area (Schilt 1984:5,Figure 1.3). She estimated that the kula or coastal zone extended from sea level to c.500 feet in elevation,the kaluulu or seaward slope from c.500 to 1,000 feet,the`apa`a or upland slope from c. 1,000 to 2,500 feet,and the ama`u or upland jungle from c. 2,500 to 4,000 feet (Schilt 1984:6). Schilt found that these elevation ranges appeared to vary with location along the north to south gradient as well as with rainfall patterning. Based upon Schilt's estimates,the present project area,situated between roughly 1,670 and 1,840 feet(509 to 560 meters) in elevation,would fall toward the center of the apa`a zone,within the area of upland cultivation identified by Kelly. A similar environmental analysis,conducted somewhat closer to(but also south of)the present project area,was undertaken by Ross Cordy and his coauthors within the ahupua`a of Kaloko (Cordy et al. 1991). In their extensive study of the archaeological remains present within the various environmental zones of this ahupua`a,they distinguish what they refer to as a Coastal Zone,Middle Zone,Lower Upland Zone, and an Upland Forest Zone (Cordy et al.1991:16). Like Kalaoa, Kaloko rests firmly within the lands traditionally identified as Kekaha wai ole and therefore Cordy's findings should be relevant to the current study area. The Coastal Zone,as distinguished by Cordy,occupied the immediate shoreline,between 0 and 15 feet(0 to 4.5 meters)in elevation (Cordy et al.1991:16). The Middle Zone,which roughly corresponds to Kelly's traditional kula zone,extends from approximately 15 feet (4.5 meters) above sea level to the 800 to 900 foot(244 to 274 meter)elevation. In their study,Cordy and his fellow researchers encountered virtually no soil below 400 to 600 feet(Cordy et al. 1991:16). Based upon this classification,it would appear that within the more northern ahupua`a of the North Kona district (those falling within Kekaha wai ole), where the coastal slopes become less steep and rainfall diminishes,the drier kula zone expands substantially in width. The kaluulu zone of`ulu (breadfruit,Artocarpus altilis)cultivation may be absent entirely from these less fertile lands. Cordy identified the Lower Upland Zone as stretching from 900 to 1,500 feet(274 to 457 meters)in elevation(Cordy et al. 1991:16). This might be considered to roughly approximate Kelly's traditional apa`a zone of upland cultivation,though its upper limit is much lower than estimated by Schilt. The Upland-Forest Zone,which Cordy and his fellow researched distinguished as stretching from 1,500 to 6,000 feet(274 to 1,829 meters)in elevation was described as the area of native 'ohi`a lehua(Metrosideros polymorpha) and koa(Acacia koa) forest(Cordy et al. 1991:16). Historic maps of the Kalaoa area provide additional information by which we may be able to refine the relative boundary between the apa`a and ama`u zones,between the cultivated lands DRAFT — Report Type PacificI Project Area,Ahupua`a L e cv District,Island J Month 2012 4 r2,cnar;or. and the native forest. An 1888 map of the ahupua'a of North Kona drafted by Joseph Swift Emerson(Emerson 1888 map)indicates that the lands(Lot 5)located immediately mauka of the present project parcel were at that time covered by,"Ohia Forest and Dense Ieie ['ie`ie (Freycinetia arborea)]Jungle" with"Rich Soil Suitable for Coffee" (Figure 10). The vegetation within the project area itself,which forms a portion of Grant 1609,was not recorded. One expects,however,that if it was then in forest it would be marked as such. More likely,it was under some form of cultivation. How closely this historic environmental pattern matched the one existing in the traditional period is uncertain. Based upon the present evidence,however,it may be possible to suggest that in the pre-Contact period the lands occupied by the present project area rested near the upper limits of the cultivated`apa`a zone. 3.1.2 Pre-Contact Land Use Ethnohistoric sources suggest that the traditional crops grown within the `apa`a zone included dryland kalo(taro, Colocasia esculenta), `uala(sweet potato,Ipomoea batatas),kb(sugar cane, Sacchrarum officinarum),niai`a (banana, various species),and wauke(paper mulberry, Broussonetia papyrifera). These would have been cultivated in nulla(dry gardens) or k hapai (small dry gardens) (Kelly 1983:52-55). The traditional pattern of settlement within upland Kona was one of dispersed residences surrounded by cultivated field and connected by walking trails. Though the inhabitants of this mauka area possessed domesticated pua'a (pigs), 'ilio (dogs),and moa(chickens),these animals were not abundant enough to provide a daily source of protein,so they were supplemented with seafoods available through exchange with coastal settlements within the ahupua`a. Upland farmers would exchange the produce of their fields for dried fish and other marine foods gathered by the people of the coast. Often, dried fish was traded for bundles of pa`i ai (hard poi). John Ka`elemakule Sr., a resident of Kekaha,noted in an article published in the Hawaiian language newspaper Ka Hoku o Hawaii in 1928 that, The residents of these shores lived by fishing and drying the fish. Then when people from the mountain came,they traded the fish for bundles of pa`i `ai(partially pounded poi)...(Ka`elemakule in Ka Hoku o Hawaii June 5, 1928;transcribed and translated in Maly and Maly 2007:38). Ka`elemakule indicates that this system of trade and exchange was primarily `ohana (family) based. Upon the arrival of those friends of the uplands,from various places inland of Kekaha, they would visit the houses of their companions,bringing bundles of pounded uwala (sweet potato)wrapped in"omao-lai" (bundles of ti leaves),and other times they brought bundles of partially pounded poi. When those goods reached one of the houses at Mahai`ula,as was the custom of those who lived on the coast in days gone by, the goods were divided up among the various households. They were not greedy(`anunu),the provisions were divided among the households of the native fishermen of the waterless shore of Kona...(Ka`elemakule in Ka Hoku a Hawaii June 12,1928;transcribed and translated in Maly and Maly 2007:39). DRAFT— Report Type Pacific Project Area,Ahupua'a egac District,Island L root Month 2012 5 hest:rraunn ce)o: an 3 > — { - ' 7� G. a, i j -ni �y Y - U .SJ.._.- i r 1 �7.; ,`'.` b, d a 4 •I_ .3 � G�G a i i Y _ _ _,. __ s N ,_ 1a rt i .s p c { IS I ' K / / v V •{ O 3 :, ? O .i• X '. t' ' ,...r r ,,, ,r f i ,,, • z 0 E. i 7 : , „: .. ..i• . • nt ti AY 4.4„... I G 3 ',y} 4 } v+ \ O 06iS z$ a y S :1. \ e ; Q + I 1 " • moo CIO aro a rt AST l 0VQt 0 ryI ri >~ �° 46,-, , °', ,l OCV �+� ti U, ,..1 < aW t � ff _ 1 ACaI) yd •. = x �I ` y .•, MI . d O = 4-,+ h �� �h o I 1 ti . C 4 L / O I 71 d � O r .' ! 0,4 C e • i N � , omo ++o I '� � o¢ . ef)! . Travel within the Kekaha region was facilitated through the use of an established system of walking trails (ala hele). These were narrow paths that followed the contours of the natural terrain. Ala hele extended both laterally along the shoreline and from mauka to makai. The trails that ran inland were referred to as ala ph (ala meaning"path,road,trail", Pukui and Elbert 1971:14, and pi`i meaning"to go inland",Pukui and Elbert 1971:301). Also known as"ala pi`i uka"or"ala pi`i mauna"(uka meaning"inland,upland,towards the mountain"Pukui and Elbert 1971:337, and manna meaning"mountain" Pukui and Elbert 1971:223),they connected areas of coastal habitation with the more inland settlements and planting areas. The residents of Kekaha are known to have traveled these ala pi`i from their homes in the uplands down to the shore to fish along the coast. The coastal trails were referred to as ala kahakai(ala meaning"path,road,trail",Pukui and Elbert 1971:14,and kahakai meaning"beach,seashore",Pukui and Elbert 1971:103),and served to link the various settlements strung along the shoreline. The ala loa were the"long trails,"trails of regional significance that covered extensive distances and connected major settlements. In Kona,one of the most important of these was the ala kahakai. Another ala Ioa passed through the more upland settlements in the `apa`a zone. This inland trail,which appears to have been referred to as Kealaehu(the path of Ehu) (Clark and Rechtman 2005:58),would have provided travelers with a more direct, and cooler,route of travel between the inland settlements North and South Kona. The farms within the upland agricultural zone would have clustered along it. The course of this trail appears to have roughly correspond to(or to run a little above)the alignment of the alanui aupuni(the Old Government Mauka Road),a portion of which passes along the western boundary of the current project area. 3.2 EARLY HISTORIC PERIOD The traditional pattern of land use within North Kona does not appear to have changed dramatically in the first forty to fifty years following Western contact,as it would in the following half century. A good picture of settlement and cultivation at that time can be gained from the writings of missionaries and other Westerners who visited the Kona area during the early historic period. 3.2.1 Early Accounts One of these early visitors was the Reverend William Ellis,an English missionary who,in 1823, accompanied a group of American Protestant missionaries making a two months circuit of the island of Hawaii,beginning in Kailua,Kona and traveling counter-clockwise around the coast. In the published journal of his journey Ellis describes a walking trip taken by three of his fellow missionaries from the settlement of Kaihia,"towards the mountains,to visit the high and cultivated parts of the district." After travelling over the lava for about a mile,the hollows in the rocks began to be filled with a light brown soil;and about half a mile further,the surface was entirely covered with a rich mould,formed by decayed vegetation and decomposed lava. DRAFT — Report Type Pacific Project Area,Ahupua'a icgaCY District,Island Month 2012 7 Ptt crva*ion Here they enjoyed the agreeable shade of bread-fruit and ohia trees [Ellis is referring here to the `Ohi`a`ai,the mountain apple(Eugenia rnalaccensis),rather than the 'Ohi'a lehua (Metrosideros palyrnorpha),because he describes its"beautifully red pulpy fruit."]... The path now lay through a beautiful part of the country,quite a garden compared with that through which they had passed,on first leaving the town. It was generally divided into small fields,about fifteen rods[82.5 yards,75.4 meters] square,fenced with low stone walls,made of the fragments of lava which had been gathered from the surface of the enclosures. These fields were planted with bananas,sweet potatoes,mountain taro, tapa trees [wauke(paper mulberry,Broussonetia papyrifera)],melons and sugar-cane, flourishing luxuriantly in every direction. Having travelled about three or four miles through this delightful region,and passed several valuable pools of fresh water, they arrived at the thick woods,which extends several miles up the sides of the lofty mountain that rises immediately behind Kairua (Ellis 1917:48). Ellis'companions traveled inland toward the summit of Hualalai from the settlement of Kailua, which is located in the more fertile lands of Kona kai `opua rather than Kekaha wai ole. The more northern lands,such as Kalaoa, received somewhat less rainfall and possessed thinner soils than these more fertile agricultural lands to the south. The range of crops grown and the manner in which they were cultivated would,however,not have varied much between these two areas. The"garden" of small fields that Ellis describes as lying between the breadfruit zone and the thick woods appears to be the `apa`a zone identified by Marion Kelly (Kelly 1983:50). It was the principal area of inland settlement and cultivation. This was the land that another Western visitor,Captain Charles Wilkes described as the area in which, "taro is cultivated with success" (Wilkes 1845:95). 3.2.2 Population Decline and Abandonment of Cultivated Fields Although there was much continuity between the late pre-Contact period and the early years of the historic period,there were also many changes. As early as 1823, Ellis noted that,"traces of deserted villages, and numerous enclosures formerly cultivated,but now abandoned,are every where to be met with" (Ellis 1963:16). Ellis attributed, "The rapid depopulation which has most certainly taken place within the last fifty years"to"the frequent and desolating wars which marked the early part of Tamehameha's [Kamehameha I] reign," as well as the ravages of introduced diseases (Ellis 1963:16). This population decline would continue and increase exponentially in the following decades. The missionary Asa Thurston estimated a population of not less than 20,000 people along a thirty mile stretch of the North Kona Coast,most living close to the shore,but some families also dwelling in a habitation belt that stretched two miles inland(Kelly 1983:14). A formal census,conducted in 1832,recorded 12,432 people within the district of Kona. By 1835,this number had declined to 5,957(a 52% decline),and by 1853 it had dropped to 2,210(an 82% decline). This suggests that there was an 82% decline in the population of Kona in the twenty- one year period from 1832 to 1853(Schmitt 1968:21,29,31). The impact of this population decline on the Kekaha region as a whole,and on the ahupua`a of DRAFT — Report Type Pacific Project Area,Ahupua'a legacy District,Island ,� E Month 2012 8 P c en acuir. Kalaoa in particular,can be seen in a newspaper article entitled"Na Ho`omanao o ka Manawa", written by J.W. H. Isaac Kihe and published in the Hawaiian language newspaper Ka Hoku o Hawaii(June 5th and 12th, 1924 issues). In his article,Ki11.e,a kama`aina(native resident) of Kekaha,observed that,"The Iands of`O`oma and Kalaoa,and all the way to Kaulana and Mahai`ula were also places of many people in those days [1870s),but today there are no people" (Kihe in Ka Hoku o Hawaii,June 12, 1924;transcribed and translated in Maly and Maly 2007:37) 3.24 Mahele`Aima With these changes in population came a major change in land tenure. This was the Mahele `Aina(land division,also known as the Great Mahele or simply the Mahele) of the 1840s,which put an end to the traditional system of land tenure and ushered in private ownership of property. At the time of the Mahele `Aina the lands of the Hawaiian kingdom were"...divided into three parts- one to the Chiefs,one for the support of the Government, and a third for the King's personal use. These we know by the names of"Konohiki,""Government" and"Crown Lands"" (Indices Of Awards 1929:vii). It was principally from within the chief's"...one-third of the Great Mahele that the common people,who were their tenants,received title to the small holdings which are known as"Kuleanas". These Kuleanas were areas which these tenants had improved and used for their own purposes" (Indices Of Awards 1929:vii). In order to be granted a kuleana holding,a member of the maka`ainana(common people)had to present his claim before the Land Board and give testimony in support of it. In December of 1845,a Board of Commissioners to Quiet Land Titles (often referred to as the Land Board or Land Commission)was established to investigate land claims and make awards based upon these claims and their supporting testimony. If a claim was approved by the Board, a Land Commission Award(L.C.A.)was granted to the claimant. These L.C.A.properties were known as kuleana lands. Often a single kuleana claim consisted of several span(land sections). After nine years,the Land Commission was dissolved in March,1855. "The Land Commission worked with most commendable energy,going to every part of the Islands to meet the people and prepare for awarding their claims,involving the hearing and taking of testimony in connection with nearly 12,000 individual claims. These awards are of record in ten immense volumes, and the testimony on which they are based is recorded in some fifty odd lesser volumes ..." (Indices Of Awards 1929:vii-viii). The claims and supporting testimony presented before the Land Commission are preserved in the Land Commission Records presently housed at the Hawaii State Archives. Among the documents that make up these records are the Buke Kakau Paa no ka mahele aina i Hooholoia i waena o Kamehameha III a me Na Lii a me no Konohiki ana, commonly referred to as the Mahele Book,which records the division of lands between Kamehameha III,the chiefs,and the konohiki (Mahele Book 1848);the Land Commission Awards of kuleana claims (Land Commission Awards 1836-55);the Native Register of claims (Native Register 1846-48);the Foreign Register of claims(Foreign Register n.d.);the Buke Hoike, commonly referred to as Native Testimony,which includes testimony on land claims,chiefly in Hawaiian, of both native and foreign-born residents made during the Mahele`Aina(Native Testimony 1844-54),and Foreign Testimony,which includes testimony on land claims,chiefly in English,of both native and foreign-born residents(Foreign Testimony 1846-62). DRAFT — Report Type Pacific Project Area,Ahupua'a Legacy District,Island ItGtone. Month 2012 9 Prmn.mrm The concept of land ownership was foreign to the traditional Hawaiian way of thought. As a result,not all Hawaiians occupying lands submitted claims to the Land Commission. In addition,not all claimants were awarded land,and even those claims that were granted did not always include the fallow fields and scattered agricultural plots that had traditionally been part of a kuleana. Though they are occasionally difficult to decipher, Land Commission Award records can provide a great deal of information concerning what was happening on the land at the time of the claim. Claimants often supported their claims by testifying as to the presence of house sites,fields, gardens and other features on their land. This documentation can in turn be used to infer traditional land uses. At the time of the Mahele`Aina,the ahupua`a of Kalaoa 1,2 3 and 4 were declared to be Government lands(Indices Of Awards 1929:31). Kalaoa 5 is not listed with these,but the majority of the ahupua'a also appears to have been considered government land,based upon information from Land Commission claims and subsequent land transfers. Only two kuleana parcels were awarded in the various Kalaoa ahupua'a. Both of these(L.C.A. 7899 and 7937)were located in the ahupua a of Kalaoa 5th(Indices Of Awards 1929:50). The two awarded parcels are located adjacent to each other,makai of the present Mamalahoa Highway and a little more than half a mile down slope from the current survey area. Maps included with the kuleana claims indicate that they were surrounded by `aina aupuni(government lands). L.C.A. 7899,which consisted of 5.75 acres,was awarded to Kupuoe(Land Commission Awards 1836-55:7,185). Native Testimony reveals that Kupuoe possessed 12 kihapai(small dry gardens) in the `iii 'aina(land section) of Kaweo in the ahupua a of Kalaoa 5, a walled house lot(pahale)in the 'ill `aina of Kahuku in the ahupua'a of Kalaoa 5,and 8 kihdpai in the ahupua'a of Kalaoa 4 (Native Testimony 1844-54:540). L.C.A. 7937,which consisted of 4.87 acres,was awarded to Kukaaui(Land Commission Awards 1836-55:7,184). Native Testimony indicates that Kukaaui possessed 9 kihapai in the 'di `aina of Kahuku in the ahupua'a of Kalaoa 5, and 8 kthdpai in the ahupua'a of Kalaoa 4(Native Testimony 1844-54:539-540). Though located at some distance from the present survey area,these kuleana claims indicate that in the late 1840s there was still intensive cultivation in the uplands of Kalaoa. 3.2.5 Royal Patent Grants Following the Mahele,the Hawaiian Government set aside portions of government lands that were designated to be sold to native Hawaiian tenants who may not have been awarded Land Commission claims. These tracts of land,issued as Royal Patent Grants,were generally larger than those awarded as kuleana.The Enabling Act of August 6,1850 set forth that: Section 4.Resolved that a certain portion of the Government lands in each Island shall be set apart,and placed in the hands of special agents to be disposed of in lots of from one to fifty acres in fee simple to such natives as may not be otherwise furnished with sufficient lands at a minimum price of fifty cents per acre(Enabling Act n.d.) DRAFT— Report Type Pacific Project Area,Ahupua'a Leggy District, Island Month 2012 10 The purpose of Royal Patent Grants was to allow native tenants not awarded lands during the Mahele(at least those who could afford it)to purchase their homesteads. A further clarification of the Royal Patent Grant process is provided in a letter prepared by Interior Department clerk A. G. Thurston,on behalf of the Minister of the Interior Keoni Ana(John Young);and sent to J. Fuller,Government Land Agent in Kona. February 23,1852 ...His Highness the Minister of the Interior instructs me to inform you that he has and does hereby appoint you to be Land Agent for the District of Kona,Hawaii.... Natives who have no claims before the Land Commission have no Legal rights in the soil. They are therefore to be allowed the first chance to purchase their homesteads. Those who neglect or refuse to do this,must remain dependant upon the mercy of whoever purchases the land:as those natives now are who having no kuleanas are living on lands already Patented,or belonging to Konohikis. Where lands have been granted,but not yet Patented,the natives living on the land are to have the option of buying their homesteads,and then the grant be located,provided this can be done so as not to interfere with them. No Fish Ponds are to be sold,neither any landing places. As a general thing you will charge the natives but 50 cents pr.acre,not exceeding 50 acres to any one individual(Thurston 1852) The Hawaiian Government began selling some of its lands in Kalaoa in the 1850s. These Royal Patent Grants,usually referred to simply as Grants,include the lands occupied by the present survey area. Early historic maps indicate that much of the land of Kalaoa 5th were sold as part of Grants 2972 and 1609. A Hawaii Territorial survey map of the Kailua Section drafted in 1952, but based upon an earlier map and survey conducted by Hawaii Government surveyor Joseph Swift Emerson, clearly shows the boundaries of both of these grants,as well as surrounding properties (Awana 1952 map,Figure 11). Most of the ahupua'a located nuai of the Old Government Mauka Road is included in Grant 2972. The boundaries of this Grant are shown on the map with the notation, "Grant 2972 Kaapau and Kama in Kaloa 5" (Figure 12). This indicates that the land was purchased by Kaapau and Kama. Within this grant is the location marked"Kawa's house". A roughly linear shading,which may be the symbol for a steep escarpment,runs from north to south through this Grant,probably indicating a steep rise in the slope. On the nzauka side of the line that marks the course of the Old Government Mauka Road is shown Grant 1609. This much smaller grant is labeled"Gr.1609 Kama",indicated that it was owned by Kama alone. It is within this Grant that the present survey area is located. DRAFT — Report TypePacific" Project Area,Ahupua'a Legacy District,Island Month 2012 11 \...„‘„ , „- - )- . i \ i , , ..i. Z D =---- \ _.„ :•,'`'''''.- 4 .,„_- `,. _.----- ..------4 ,---- 4 t t I, 7-. v --' ' .,.;'; ' '.:'1 't . ''' '4 —'-:-1T •!t . i• / 'Z ' I .i ;,' , ,, , -.- 'A 2.‘4''''I_ . '''.. , i t' i ' -3 - ,r, , tt i' 41.; I ' it' '''' - i„ - .a',' .4. ( I'i f ,,' -,1;i - 1 1 . i...:d, 4 -''f-i I ff.'i . .1 r,, ,,-3 ..L _--',--`,' ------ S., vt, u4 ,..t - , ' j. ., 1:} t :,....c — - .,--- i *=,i ,,u!,f :,4! ! t).-•"'7-1 ,.. '4.1 ' ' '' ---,'-,-- —- "I' -•4,4 tt •-.1:ti-;4, , ...''/:.' I i 1 i:-..-2 . i i ',L, i..., F „_,..........4..--4. — -'1-•----- l'n ..0,..,„ ', r..., -- . , f 1 I • , ' ,-r.,1 ; :, eY.,1. .. .4.‘('-, k .,. , , 1: t 1 ..,i,k, t "•......, - 4 1 ,.. 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P'' r N.... ,, „„. , „. ). • ,, .., , . ,. •. ,,. ...- . -2, , ,_„,..._ , ,• ,. -_...,,,., ..,,,-- .: >. --.•, '''-'3 ::----`' 0 ›, N ;, , 1 .tP.5.!, ...4 ''''1'-''''.4„ .., .",_ ,,,. 1....,f „„it....,,,__....,:.„,„... ,."4--"' s'',...--,...„„ .: ,C,': y v..J 0) ,••• -... ' .4,...,11. cr) ti' CV .ft...' 4 , .. . !. :. s .4 4.1 C.: •• = 60 Lf) r., cA 0 ...I C71 ,S • ,,-, ;Li 1. 1 a) 6: C2I -& Q.F w Q i_ ., o a k. ,- - Q 4 , \\ Yto -44 A' NR , f t. . f , t i 1 a . 3 lib i ii e --6 ,,: . t4. N ii S N ( a wv�l i moi! e i " ti j. l i c4 .4 V. /n1kk I z R 4 14) r Q I 4 ". r 1,9.,..„,„:„...„ h-'t iT1,..,,,,,...„..,,,.,,,1 q-''. jf }} .'ai {fy�cx'' �e,1:4 "iv�s � f �'^,�rr�z E! - _,t.•,- i,.,�,.� e F �" a;t ';i u_r>P. f i s 0 1 . . \ ,..c el p f " j , t ` . i I 14 1.' I \ \ 0 \ 0-1 c•e)m 1 t, N-z ' \ .6d/ tRIll ! V oa .` • CJ , .1 , \ tt e a- fir-- t II .ti `�; \ t% ) 1 k / 1 ,.., r_ -It II yeiqk e "! \* E. f, - � / { t .. ~_ .I -.' - ''Y ; , < .- ms . e.„... -- ,-,,,,--,..,..--,... _.,6, ,,,._..s., :z„.? ,,\.,& -i\s vl If) 01 � :J,* ' - \_ am,, , , 7� g w mo Another historic map which provides information on the land Grants awarded in Kalaoa is a map of the Akahipuu Section of North Kona surveyed by Hawaii Government surveyor Joseph Swift Emerson in the 1888 (Emerson 1888 map, Figure 13). In order to understand something of the historic value of the maps drafted by J. S. Emerson,it is useful to understand something of the man himself. Born at Lahainaluna,Maui in 1843,Emerson was the sixth son of missionaries Reverend John and Ursula Emerson. He was employed by the Hawaiian Kingdom as a surveyor from 1877 onwards,working on Hawaii Island. Greatly interested in Hawaiian beliefs,traditions, and customs,Emerson,who was a fluent speaker of olelo Hawai`i(the Hawaiian language), sought out knowledgeable native residents of the lands he surveyed to act as his guides. He made meticulous notes of place names and of the traditions associated with various features of the cultural and natural landscape. As Emerson noted in a letter to W. D. Alexander,the government Surveyor General,he documented,"every visible hill,cape,bay, or point of interest in the district,recording its local name,and the name of the Ahupuaa in which it is situated. Every item of local historical,mythological or geological interest has been carefully sought&noted" (Emerson 1882). Emerson's field notebooks,which are presently held at the Hawaii State Survey Office,provide a wealth of information about the places he surveyed On this 1888 map, Emerson recorded the boundaries of the various land grants,as well as the survey stations used to mark their borders. In some cases,these survey stations appear to carry the traditional names of the places at which they are located,while in other instances they bear names indicating some natural or manmade physical feature situated at that point. Within the ahupua'a of Kalaoa 5th, Emerson's map shows the boundaries of Grant 2972,recording it as, "Grant 2972 Kaakau&Kama" (Figure 14). In this case,the name of the first owner,Kaakau, differs from that shown on the 1952 tracing,which is"Kaapau". Given that the 1888 map appears to have either been drafted by Emerson or under his direct supervision,it is likely the more accurate and trustworthy of the two. The point shown as"Kawa's house" on the 1952 tracing,is shown here as"Kama's h.". It's identification as the house of Kama,part owner of the Grant, seems the more accurate. A trail is shown on the map running from Kama's house south to a small cluster of houses in the ahupua'a of Kohanaiki(Figure 14). Emerson's map also shows a residence identified as"Kama's grass h."close to the shore in the ahupua'a of`O`oma 2nd (Figure 13). This appears to be a case where an individual possessed both a residence in the uplands and one along the shore. In his field notes for the Akahipu`u survey, Emerson references the survey point labeled "Makaulaula"and notes that,"Land agent Wiltse set an ahu[stone mound} at the southwest corner of Grant 2972,awarded to Kaapau and Kama at this point. This is a point of dispute,as the natives say that the ahu is in Kalaoa and not on the"iwi" [stacked stone boundary wall or alignment]between Ooma 1 and Kalaoa 5th" (Haan and Henry 2001a:5,Emerson ms.). Some idea as to the condition of the Grant 2972 lands at that time of the survey can be gained by examining the notes on Emerson's map describing adjacent parcels. Lands located both immediately to the north and south of the lower portion of the Grant are described as,"fairly good Grazing Land" (Figure 15). A property adjacent to the upper portion of the Grant is described as,"Choice Land for Fruit or Coffee". DRAFT— Report Type Pacific Project Area,Ahupua'a Legacy District,Island Month 2012 14 Pns:_n-a-um ,L ill IN l ,lit iitl'. • S , • ../r • .. f -i Figure 13.Joseph Emerson's 1888 map of the Akipuu Section of North Kona(Emerson 1888 map). DRAFT — Report Type Pacific Project Area,Ahupua'a Legacy District,Island Hsvmc Month 2012 15 i'"'` °n"° k "_ _ D £ r' e 4 Y a Y Y ttO _04 .- a �' W •ti E. 1 5 +.. ; 1 it - + f.. "" ti Z�. i.' - a i Z d'� l td T3 c �} .-- �4 . <- 1 p 4' I ,. .i-.` gip "t" * {< ;2: 1 k4 v 2 _ j IS = v } — f f _^ - 61) . ,' ' C rl t' r , 8' { f — c'I 1 I ,F ,.. Q ', is %, 4- _ a Y 1' ,rN. 4 :da Zr ri x •'s _cn ;.. ` I ti 1K w '4 • A S ~- --E. ill Q { ! bb �. __ 0 �d Po v .I i Ni al x N ri eei _-- _ _ f 1 w_ _ v .� 3- — 4 88 Q v s 1 Y Flo 0 - r-,, o* O CI Pt M0q9 R - -tri 1 t -- Es ' t I oy . 1 R _.. 1 h c a a s o r �\ n � ;c J t -- __`-_-�14, 4 to, ! •* 1 1 LO # s jt z , v E.I I I I 4. .4 SC ..i `'K `� t2 i '$ I` ! '. 3L1 X c . o `t' ° �''li ! i ut Q ! `t' Itt j • E9 ti i Q � � QJ rcl E 1 `�l , f 1 1 s \ t Iif t��+ _s j ( _ - ; 611"- S co 1'v. V 3 1 00 V mss I ,,. a e-I yCld LI 4 P o,21 c� m*I , C\ Fa " 0 e 4k b�C ;, . N i� 1 ''�, y O N9. NE4 — —e tt ' ti t CI t. v d yk ct a Cy f I ` �I ' LI ia � ^� p f a y O nt I ¢ o 4g. '' . ,-G G ° < ' 4 Emerson's notebooks reveal more about the lands owned jointly by Kaakau and Kama. His entry for April 81888 remarks that,"...Our tent is pitched in Ooma on the mauka Govt,road at a convenient distance from Kama's fine cistern which supplies us with the water we need. The pasturage is excellent and fire wood abundant" (Clark and Rechtman 2005:56,Emerson ms). "Kama's fine cistern"would appear to be located near Kama's mauka house within Grant 2972. On May 1st, 1888 Emerson noted that he had established Pulehu survey station on the"ground by ahu,about 4 feet makai of Kama's goat pen, on the iwi aina[stone boundary wail between Kalaoa 5 and Ooma 1" (Clark and Rechtman 2005:57, Emerson ms). Thus,we know that in the late 1800s Kama was occupying,or at least had a house on,the lands within Grant 2972 and was raising goats. This use of the land is confirmed by an earlier document,a letter written in 1865 by Hawaii Government Surveyor S.C. Wiltse, who had taken over as Land Agent in Kona, to the Minister of the Interior describing the lands granted and the remaining government lands in Kona (Wiltse 1865). He describes the lands of Kalaoa 5th by saying, Kalaoa 5th Not in the Mahele book but believed to be Gov't,land. This land above the Gov't.Road has been sold and Patented. Below the road I have surveyed 515 acres which was sold by Sheldon[former Government Land Agent?J to"Kaakau" & "Kama" who payed him $165.00. As no valuation was made of this land per acre by Sheldon,I afterwards valued it myself as follows,300 Ac.at 50 cts.per acre,215 at 25 cts.per Ac. The balance due according to this valuation including Patent was$42.75 which was payed to me in March 1864 and forwarded by me to your office. The survey of this land is in your office. If the payments made are satisfactory,these men would be very glad to get their Patent. This is a piece of 3rd rate land,used only as goat pasture,no improvements on it. Makai of this survey is about 400 Ac.remaining to the Govt.,but of very little value Wiltse s letter indicates that the lands included within Grant 2972 were at that time used only for pasturing goats. Above the Old Government Mauka Road, Emerson's 1888 map shows the boundaries of"Gr. 1609 Kama"(Grant 1609)that includes the present project area (Figure 15). It also gives the names of two of the survey stations that appear to mark the corners of the grant parcel. The survey point at the northeast corner of the grant parcel,at"1882"feet in elevation,is labeled "Ahu a Kama." An ahu is a stone mound,marker, or possibly a small shrine(Pukui and Elbert 1971:8). Thus the place name can be translated as the ahu(stone mound/boundary marker) of Kama,the owner of the land. The survey point which rests close to the southwestern corner of the grant parcel,at"1722"feet in elevation, is labeled"Kukuinui", which might indicate the presence of a large(nui,"big,large,great" Pukui and Elbert 1971:250) kukui(candlenut,Aleurites moluccana)tree. There is no evidence of a house or residence within the Grant 1609 property. There are also no indications as to the type of vegetation on the grant parcel The adjoining parcel located immediately mauka,labeled"Lot 5,115 44/100 Acres",was at that time covered by, "Ohia Forest and Dense Ieie ['ie'ie(Freycinetia arborea)]Jungle"with"Rich Soil Suitable for Coffee". DRAFT — Report Type Pacific Project Area,Ahupua`a Legacy District,Island 3ixtom: Month 2012 18 n:tuc 3.2.6 Later Historic Land Use Some idea of land use within the Kakaha region in the later part of the 19th century can be gained through a letter entitled"Mai Kailua a hiki i Kiholo"(From Kailua to Kiholo)written in 1875 by J. P. Puuokupa,a native resident of coastal Kalaoa,to the editor of the Hawaiian newspaper Ku Okoa. This letter,composed in response to a letter previously published in the paper by a visitor to Kona who remarked on the barren nature of the Kekaha region,gives a description of Kekaha at that time from the perspective of a karat`aina. ...The people who live in the area around Kailua are not bothered by the famine. They all have food.There are sweet potatoes and taro. These are the foods of these lands. There are at this time,breadfruit bearing fruit at Honokohau on the side of Kailua,and at Kaloko,Kohanaiki,Ooma and the Kalaoas where lives J.P.[the author]. All of these lands are cultivated.There is land on which coffee is cultivated,where taro and sweet potatoes are cultivated,and land livestock is raised. All of us living from Kailua to Kalaoa are not in a famine,there is nothing we lack for the well being of our bodies. ...As was said earlier,coffee is the plant of value on these lands,and so,is the raising of livestock. From the payments for those products,the people are well off,and they have built wooden houses. If you come here you shall see that it is true. Fish are also something which benefits the people. The people who make the pai ai on Maui bring it to Kona and trade it. Some people also trade their poi for the coffee of the natives here...(J. P.Puuokupa,in Ku Okoa November 27,1875;transcribed and translated in Maly and Maly 2007). 3.2.7 Grant 1609 and the Kamaka Kama`Ohara As various historic maps and documents indicate,the lands encompassed within Grant 1609, which include the present survey area,were purchased by Kama,most likely in the 1860s, around the time he acquire partial interest in the adjacent Grant 2972,located on the makai side of the alanui aupuni. By 1888,Kama is known to have had a house and a goat pen on the lower property, as well as a grass house by the shore in the ahupua`a of`O`oma 2. There are no indications that he developed the upper property,though it could well have been in cultivation. Samuel Kamaka Kama The Kama mentioned in these land records is most likely either Samuel Kamaka Kama Kaiokekoa,born in Kona in January of 1836,or his father,Kama Kaiokekoa Kaihookekoa,horn in 1804(much of the genealogical information regarding the Kamaka family presented here has been provided by Ms.Waffle Green from the research conducted by her mother,Ms. Mary Spinney). In 1864,at the time Grant 2972 was purchased from the Government,Samuel Kamaka Kama would have been twenty eight and his father sixty. The cistern and goat pen mentioned by Joseph Emerson in 1888 most likely belonged to Samuel Kamaka Kama. Kama, or Kamaka Kama, as he was commonly known,died in Kalaoa on the 15th of June 1922. He appears to have had four children with his wife Kaiokalani Kalanikupua Kaono (born 1848 Kohala, died 1884), all but one of which died young. Jacob Palakiko[Hawaiian for Francis]Kamaka Kama Moanalua Kamaka(born August 15,1872,died March 14,1880) Maile Kamaka(born April 8,1874,died August 28,1881) Keaolani Kamaka(born July 27,1876,died January 07,1876) DRAFT — Report Type Pacific Project Area,Ahupua'a Iegacy District,Island Month 2012 19 Pre,r,arion Jacob Kamaka Kama Jacob Palakiko Kamaka Kama, or Palakiko as he is referred to in land records,was born Mar 18, 1870 in Puako,South Kohala. He appears to have inherited Grant 1609(or at least the bulk of it) from his father. A Hawai`i County tax map dated February of 1936 shows that the northern 19 acres of the original grant as being owned by"Palakiko Kamaka",while the remaining lands appear to have been sold or given to extended family members(Figure 16). It is not clear from land records whether the lands were sold/gifted by Jacob Palakiko Kamaka Kama or by his father Samuel Kamaka Kama. The Kuku.inui survey station,which appears on Emerson's 1888 map, is clearly marked on the 1936 tax map,indicating the relative location of the original Grant parcel corner. This map also clearly shows a stone wall running just upslope of the subdivided Grant parcel. It is possible that this may have originally been built to mark the mauka boundary of Grant 1609,though it rests outside its surveyed boundaries. Ms. Waffle Green,the great granddaughter of Jacob Palakiko Kamaka Kama, recalls her grandmother Margaret saying that this wall marked the route of an old cart path,possibly the original alanui aupuni. To get to Kona,the family would travel a short distance upslope along another wall that was located to the north of the Green property(possibly at the northern boundary of Grant 1609),then turn right along the horse trail located mauka of the north to south running wall. During the present survey,an examination was made of the terrain immediately mauka of the wall,which is fairly rugged with no indications of a trail or road bed. As of 1928,there appear to have been no structures located within the limits of Grant 1609. This can be seen on the 1928 edition of the U.S.Geological Survey map of the Keahole Point quadrangle(Figure 17). The school and church buildings immediately to the north in Kalaoa 4th are clearly marked,as are houses located to the north and south along the Old Government Mauka Road,but no buildings are shown within the limits of the Grant 1609 parcel. Although Jacob Palakiko Kamaka Kama had been given the property by his father,he does not appear to have lived on it. While there are no indications that a house existed on the property during Jacob Palakiko Kamaka Kama's time,there is evidence to suggest that he farmed the property. Ms. Wattie Green mentioned in interviews that she possesses a photograph of Jacob Palikiko and his wife Lahapa Kamaka Kama standing on the Kalaoa property(just below the present Green house,on TMK(3) 7-3-004:013,which was not there at the time). The area behind them is covered in dryland kalo(taro,Colocasia esculenta). Ms.Green believes that the entire property was once planted in kalo. In the 1990s, she herself observed twelve kalo plants of the"lehua moi" variety (an everyday eating table variety of taro)growing amid the elephant grass next to her house. She feels these were relic plants from previous cultivation of the area(pers.comm. Ms. Wattie Green April 2015). DRAFT — Report Type 1Pacific Project Area,Ahupua'a ILegaCy District,Island I _ Month 2012 20 i a'` . . 4 :i. Jew za ..evz,- ------ ,-- ill r-- . ,, 1,..,... ...------ II .--... 4.) —V-- —---------1 ci 44 1 .4... 1. i g • (...) 1 4.) "h c ,-I-1 1 14 • . •z. •,-, rn 1 .. 1 1, i > ...., -as ..". It 61:) c tIL1 .,. .,.., .-: 0 i 1 I ,.0 co cl.. I 7 et I ,-i .i... k i N : `` *,t •. \v. , t .4 1 - o 4, $k 11 ‘' es '' I I, ci ?,•1 X vi 071 ..q..t, . eel ----Z4 -1 ,-----,7:- e A V el 0 4 -- T '"'---T-------_.4o4. 1 —7--------i 54p,J_--, .,z_ co — , -----r (D r ----- I I ---____,--- C1.3 r_i i If 1 pzAr 105 i 1 I Z' 1 i 1 , I k t, , / i 0 k tO o 0 c •p.4 6:1 i. ''. o,i WO CLI 13 2.. 4 / ,. ,. -- __-.`/ g \ _ ter, i r al r. te f\, / '^ ,t)-- k _ F . r - -) ' , i_E-4 ,$),....---- ,.... ,t.r.1.:-- . .i. , i: • ..v--,_._. .,%. = _ ' -- ;r-r-' '- :-.--: 1 --- ---\-.7,.4. 'k— }j j ' , .._. ... j,l� t C } Yi- ! " ;� N (--'2' ` -rVA_ — v1 in • . i a i c y f _ cri , ,--4 lo rl .1C _..,/ . - 1'74---/ Otiki ' b 44,,, vg,)\--7--- .:,-,- 4 g � c . i;I„„,.-) '4:1,.L ....11 _ n i •.;4 .+A 1 1 l'4 i 4, 41k,A 4 r-e -I ‘S.A..,,,'.c.' ,,,,....,j . 0 C41) I i. � � F Y '"'!-'_"" • t �y 0 -\,,, 1 Q - Q t�� t o 0ri5 0 Jacob Palakiko Kamaka Kama married Lahapa Kalua Pimoe Makahi on August 4th 1894 in Honokane,Kohala. The couple had at least thirteen known children. Robert Palakiko Kamaka Kansa(born October 8, 1899,Honaunau,South Kona,died July 6,1978, Kealakekua,South Kona) Jacob Kamaka Kama Jr.(born August 21,1895,Kailua,North Kona,died 1916,Kalaupapa, Moloka`i) Marie(Mele)Kamaka Kama(born August 11,1897,Kalaoa,North Kona,died 1918,Kalaupapa, Moloka`i) John I.Makahi Kamaka Kama(born July 11,1899,Kalaoa,North Kona,died 1901,Kona) Henry Palakiko(Moanalua/Hanalei)Kamaka Kama(born September 30,1901,Kalaoa,North Kona, died November 19,1972,Kona) Kauilanui Kamaka Kama(born 1903,Kalaoa,North Kona,died 1903,Kona) Frank Oniula Kamaka Kama(born August 13,1904,Kalaoa,North Kona,died 1975,Kona) Alice Kaenaena Keahi Kamaka Kama(born August 21,1906,Kalaoa,North Kona,died 1924, Hoona,Kona) John Makahi Kamaka Kama(born November 22,1908,died unknown) Margaret(Maleka)Kaaihue Kamaka Kama(born October 3 for September 2611910,Kalaoa, North Kona,died 2000,unknown) Emma Kaleiaukai Kamaka Kama(born November 121912,Kalaoa,North Kona,died unknown) Alice Honuaiwa Kamaka Kama(born September 16,1914,Kalaoa,North Kona,died 2000) Annie(Ane)Pimoe(Palakiko)Kamaka Kama(bom March 3,1918,Hoona,Keohole,Kona,died October 22,1990) Ms.Wattle Green relates a family story told to her by her grandmother Margaret Spinney. Two of Palakiko and Lahapa's children,one boy and one girl(Jacob Kamaka Kama Jr. and Marie (Mele)Kamaka Kama),were diagnosed with Hansen's disease(leprosy)in childhood. They were taken from the family and sent to the leper settlement at Kalaupapa Peninsula on Moloka`i where they eventually died. When Lahapa had her next child she told the leprosy inspectors that the baby had been born dead. From then on,whenever the inspectors came to check on the family, all of the children were hidden in a lava tube located upslope of the house. Ms.Green's grandmother told her how she and the other children from the area would lived in the cave for a time when the inspectors were making their rounds,only coming out at night. It is possible that the lava tube mentioned in this story may be the one located within the present 5.35 acre survey property(Site 5040-27-30295). Alternatively,the lava tube referred to may have been the larger cave known to be located on the adjoining property to the south,TMK(3)7-3-004:013. Hawaii County tax records indicate that Jacob Palakiko Kamaka Kama divided his lands within Grant 1609(TMK(3)7-3-004:004)into four separate parcels,giving each to one of his surviving children. This division can be seen in the updated version of the Hawaii County tax map,revised as of March 1949(Figure 18). DRAFT - Report Type Pacific Project Area,Ahupua'a LegaY District,Island Month 2012 23 ''""`:''m"" Z.,.:: — Q� t-x e_ 1 ; 4 O el o k I ' 1 'IO O --.; l''' \i } G est � 1 W 4 '°q y'' �t Zk O .:1' fr- it I ::--il — %.4:i-% \ \ .._,,, c \ i \:''' '' i I s .4----:-------71- � � a f !� • J 4 4 : ,L, V &s. 'ai !.:4? ; ilt 4 � (F, a 1. 1 ksj5 est ��. Icy { y!Za, .w 7 \ -. \ ft rt ,•1 r ,,, ,, c. �/ 4.4 7 I '3 t —e O t''" i x 8 y Q -c it r SLAT 11 Q5 / , �� s ro c� . k i �' O cv`� est E. d eq � C cv �v O , O w5 Q � Q The 1949 tax map shows the former TMK(3) 7-3-004:004 parcel subdivided into four parcels (TMK(3) 7-3-004:004,TMK(3)7-3-004:011,TMK(3)7-3-004:012,TMK(3)7-3-004:013)with Jacob P. Kamaka as the primary name on all four. The secondary names are: TMK(3)7-3-004:004 John M. Kamaka(John Makahi Kamaka Kama) TMK(3) 7-3-004:011 Margaret Spinney (Margaret(Maleka) Kaaihue Kamaka Kama Spinney) TMK(3) 7-3-004:012 Henry P. Kamaka(Henry Palakiko Kamaka Kama) TMK(3) 7-3-004:013 Alice K. Ng(Alice Honuaiwa Kamaka Kama Ng) Tax records show that on May 19th 1948,the 5.355 acres which form the present project area (TMK(3) 7-3-004:012)were deeded from Jacob P. Kamaka to Henry P. Kamaka for a token cost of$1.00 Lahapa Kamaka Kama died in Kalaoa,North Kona on May 4th 1948. Her husband survived her, passing away on June 28th 1965,also at their home in Kalaoa. Henry Kamaka Kama Henry Palakiko Kamaka Kama was born on September 30th 1901 in Kalaoa, North Kona,most likely at the family residence located down slope from the present project area in Grant 2972. He was given the 5.355 acres of land that comprise the present project area by his father some time before 1940. At some point,though exactly when is uncertain, Henry Palakiko Kamaka Kama,who,like his father,appears to have been commonly referred to as Palakiko,erected a house on in the southwestern corner of the 5.35 acre property. Mr. Bryon Freitas,whose family inherited the property,stated that he was not certain exactly when the house was built. "What I remember from other family members was that it was actually dismantled and relocated from another property(don't know which one). This was back in the days when Kona had no electricity and was done under the direction of my grandparent [Henry Palakiko Kamaka Kama]. If I had to estimate,it would be early 1950s" (pers. comm.Bryon Freitas April 2015). The house presently located on the property is, according to Mr. Freitas,the original house with several later additions. Mr. Freitas indicated that the house was originally painted red. Most additions to the house were made prior to Henry Kamaka Kama's death(in 1972). Hawaii County Tax Office permit records indicate that a building permit was granted on January 16th 1959 for an addition to the existing structure, indicating that the house was erected prior to that time. The last addition,an attached 'ohana style bedroom,was built,according to Mr.Freitas,in the early 1990's. Dr. William Bergin, a veterinarian who worked in the Waimea and Kona areas,knew of Henry Kamaka Kama as"Old Man Palakiko" and describes him as"a stately,elder paniolo who would ride his mule to Kailua until the late 60s" (pers. comm. Dr. Billy Bergin May 2015). Henry was married twice. His first wife was Helen Kanuha. He later married Emily Kopa Kapanui Keanaaina. Emily had been previously married to William Keanaaina and brought a daughter Amy into her marriage with Henry. When Henry passed away on November 19th 1972,the Kalaoa property was inherited by his wife Emily. Bryon Freitas,the grandson of Emily Keanaaina Kamaka Kama,confirmed that the Kalaoa property was inherited by his DRAFT— Report Type Pacifica Project Area,Ahupua'a Legacy District,Island Month 2012 25 rR""va`i"° mother Amy from her mother prior to her death(pers.comm. Bryon Freitas April 2015). Emily died on July 17th 1977. Her daughter Amy was at that time married to Robert Freitas Sr. According to their son, Bryon Freitas, the Kalaoa house served as the primary residence of his family when he was growing up. The property was grubbed sometime in the 1970s(pers. comm. Bryon Freitas April 2015). It was the children of Robert and Amy Freitas who sold the property to its present owner,Mr.Thomas Whittemore. 3.2.8 Family Burials Both Mr. Freitas and Ms.Green indicated that to their knowledge there are no family burials on the 5.35 acre property. Mr. Freitas stated that his `ohana(family)has a plot located on a property further nwakai, between Kona Palisades and Kona Acres subdivisions, where all the family members have been buried (pers. comm. Mr. Bryon Freitas April 2015).. Ms. Green stated that all of the members of the Kamaka family who lived in Kalaoa were buried at the Mauna Ziona(Mount Zion)Church cemetery,which is located just up the Old Government Mauka Road to the north of the present project area(pers. comm.Ms.Waite Green April 2015). No members of either family are known to be buried on the property. DRAFT — Report Type Pacific Project Area,Ahupua'a LegacY District,Island Month 2012 4.0 PREVIOUS ARCHAEOLOGY A substantial amount of archaeological investigation has been undertaken within the lands of Kalaoa and `O`oma since the 1980s. In 2003,Haun and Henry estimated that more than forty archaeological studies had been conducted,covering approximately 7,000 acres and documenting 484 sites with 4,923 separate features (Haun and Henry 2003:12). The majority of this work has been completed on properties located down slope and to the west(niakai) of the present project area,primarily between the Mamalahoa Highway and the coast, in what might be considered the lower `apaa and upper kula zones (Haun and Henry 2001:11). Only a relative few surveys have been conducted east(mauka)of the Mamalahoa Highway in the vicinity of the present project area. Haun and Henry note that the results of these various surveys indicate that archaeological features interpreted as being agricultural in nature are rarely report below100 feet in elevation (Haun and Henry 2001:7). This might be expected, given the relatively dry and barren nature of the lower kula zone in this region. The highest density of agricultural features was noted during a survey conducted by William Barrera in 1992 on a parcel located mauka of the Mamalahoa Highway at between 1,775 and 1,880 feet in elevation(a level comparable to that of the present survey area)(Haan and Henry 2001:7,12.,13). This is the only survey east of the Highway included in Haun and Henry's analysis. In his analysis of the archaeology of `O`oma and Kalaoa ahupua'a,Ross Cordy argues that the pre-Contact populations of these land areas was never more than around 100 individuals. His reconstruct of traditional settlement patterns includes small fishing settlements located along the coast and scattered residences and agricultural fields situated further inland. By the 1800s, most of the coastal settlements had been abandoned,leaving only the residences in the uplands still inhabited. The archaeological sites encountered in this upland zone included both permanent and temporary habitation structures,and agricultural features consisting principally of stone mounds,modified outcrops and excavated depressions(Haun and Henry 2001:13). 4.1 ARCHAEOLOGICAL RESEARCH MAUKA OF THE MAMALAHOA HIGHWAY Of direct relevance to the current project are those archaeological studies undertaken east (mauka) of the Mamalahoa Highway,as they more closely match the environmental conditions of the present survey area. As can be seen in Figure 19,all three of the surveys conducted mauka of the Highway were undertaken on parcels located north of the current survey area. The earliest of these studies appears to have been a 1992 archaeological inventory survey of approximately 3 acres located in the ahupua'a of Kalaoa 2[TMK: (3)7-3-002:008]undertaken by Chiniago, Inc. (Barrera 1992). The survey documented a total of 7 sites,which appeared to date to both the pre-Contact and historic periods. DRAFT — Report Type Pacific Project Area,Ahupua'a L acY District,Island Month 2012 27 Pra..mw,n ' A .....� t (? S T t` f htman Consulting 2006 r ARAI t ilt1 '1._._,..,-...)-,..,."'. Rechian onsulting.20t14 3 c. ''.. g q t T.::f.-t 5 r;, 1M � *1 a .k 4;i Lii � � ,� 4 ; aiii A i t Present Survey Area k 4 } 114 N 0 250 500 750 1,000 mar ammo= Meters �� aaa■� Feet 0 1,444 2,000 3.000 4.000 . Figure 19.Location of previous archaeological surveys conducted mauka of the Mamalahoa Highway(base map USGS Keahole Point quadrangle). DRAFT — Report Type Pacific AF Project Area,Ahupua`a Legacy District,Island Month 2012 28 l',-KS, '2 ``"'° The largest of these(Site 17994)included 50 features that were interpreted as agricultural in nature and forming part of the Kona Field System(see Section 4.2). These features consisted of crude stone mounds (both linear and circular in shape),stacked free-standing stone walls,and terraces supported by retaining walls(Barrera 1992:3). In addition to these agricultural features, the survey documented an stone walled enclosure that was interpreted as temporary habitation site(17999),a probable habitation terrace(Site 17996), a terrace that may have been the site of a historic house site(Site 18000),a modified lava tube probably used as a temporary shelter(Site 17997), and two sealed lava tubes (Site 17995 and 17998)that were not entered(Barrera 1992:5). The Site 17997 modified lava tube was later test excavated and found to contain human remains (Barrera 1992). In 2004, Rechtman Consulting conducted an archaeological inventory survey of a roughly 23 acre parcel[TMK: (3)7-3-002:009] located above the Mamalahoa Highway in the ahupua'a of Kalaoa 2nd(Clark, Kasberg and Rechtman 2004). Their survey area was located at between 1,800 and 2,080 feet(550 to 634 meters) in elevation to the north of the present survey area. As with the present project area,most of the Kalaoa 2nd parcel had been previously bulldozed. The only portion of the property not mechanically cleared was a 50 by 20 meter area surrounding a series of small lava tubes. It was in this area that the two sites recorded during the survey were found. One of these sites (Site 24213)consisted of a complex of surface features (stone mounds and stacked rock features)located close to the network of lava tubes. The tubes themselves possessed no modifications or cultural material(Clark,Kasberg and Rechtman 2004:ii). The second site(Site 24214)consisted of a separate segment of mauka to makai running lava tube that was found two contain two human burials. The entrance to the tube appears to have originally been at least partially sealed off by stacked stones (Clark, Kasberg and Rechtman 2004:11). In 2004, Rechtman Consulting undertook an archaeological inventory survey of a roughly 17 acre parcel[TMK: (3)7-3-002:022] in the ahupua`a of Kalaoa 1st(Clark and Rechtman 2006). The project area,former Grant parcel 3771,was located mauka of the Mamalahoa Highway and north of their 2004 survey area. With the exception of the area immediately adjacent to the property boundaries,the entire parcel had been recently bulldozed (Clark and Rechtman 2006:11). The only site recorded (Site 25033)consisted of the stacked stone boundary wall that surrounded the property. It was proposed that the wall was constructed in 1895 when the Grant was originally purchased(Clark and Rechtman 2006:11). 4.2 THE KONA FIELD SYSTEM The agricultural features identified by the 1992 Chiniago, Inc. were interpreted as forming part of the Kona Field System. The Kona Field System is a vast traditional agricultural complex that covers much of the inland slopes of the North and South Kona districts. Its significance was recognized in 1977,when it was determined to be eligible for listing on the National Register of Historic Places (State Inventory of Historic Places Site 50-10-37-6601). At that time it was described by T.Stell Newman,who conducted much of the early research on the field system, as, "an integrated complex of remains three by eighteen miles in size" (in Schilt 1984:3). More recent archaeological research has significantly expanded the boundaries of the field system, extending over much of inland North and South Kona. DRAFT — Report Type Pacific Project Area,Ahupua'a iegacy District,Island ii;-tunc Month 2012 29 rrnvatu ' Since there are no permanent streams on the leeward slopes of Hualalai and Mauna Loa,the Kona fields are a dryland agricultural system dependent primarily upon rainfall rather than on artificial irrigation (unlike the flooded pond fields of the Island's wet windward valleys). The field system is evidenced by the presence of numerous stacked stone agricultural features, such as low stone walls,stone mounds, stone faced earthen terraces,water diversion channels, modified lava outcrops,stone walled enclosures,and planting depressions. In those areas where it has been most intensively studied(the slopes above Kealakekua)the field system is characterized by a pattern of long stone walls that run parallel to the slope. These kuaiwi (backbone)walls are intersected by perpendicular walls running across the slope,forming a grid pattern of fields (Kirch 1985:228)_ The Kona Field System,though recognized as a single,relatively continuous entity,exhibits a substantial amount of variation along its length (Allen 2001:2,146). This structural variability appears related to environmental variations in substrate, soil quality and rainfall(Allen 2001:4, 146). In areas of richer soil,extensive walled garden plots were constructed(Soehren and Newman 1968,Allen 2001:8),while in more marginal areas planting was undertaken in modified lava blisters and excavations in the pahoehoe(Borthwick et at.1994 and Donham 1990). Instead of a continuous uniform system,recent researches have tended to see the Kona fields as a mosaic of varied cultivation strategies designed to make best use of the area's wide range of environments and micro-environments(Allen 2001:146). 4.3 ANTICIPATED SURVEY FINDINGS Given what is known concerning the historic use of the 5.355 acre property,and the recent grubbing carried out on the property,it was expected that the survey would encounter little in the way of archaeological remains. The existing house structure and its associated outbuildings were previously determined by the State Historic Preservation Division to possess no historic significance. Though most of the surface area of the parcel had been bulldozed,it was possible that some remnant surface structures may have survived. Based upon the types of archaeological features encountered during previous archaeological surveys conducted on properties at a similar elevation within the Kalaoa ahupua'a,these features might include reuuiarnts of the Kona Field System, such as agricultural field walls,terraces,clearance/planting mounds and modified outcrops. Among the other types of sites that could possibly have been encountered were pre-Contact habitation structures and historic house foundations. Subsurface lava tubes,some containing human burials,have been encountered at this elevation, and might have been expected to be present within the 5.35 acre Kalaoa survey area. DRAFT— Report Type Pacific Project Area,Ahupua'a Legacy District,Island t ,„ Month 2012 30 `'","'"'"° 5.0 METHODS The archaeological inventory survey of the 5.355 acre Kalaoa parcel was undertaken over a period of two days in March of 2015. The initial surface survey was conducted on 6 March, 2015.Additional site documentation,mapping and test excavation was undertaken on 31 March 2015. The survey was under the overall supervision of Principal Investigator Paul Cleghom, Ph.D. Field operations were supervised by Rowland Reeve,M.A.,who was assisted by Ms. Amara Kunishi, B.A. All surviving archaeological sites and features located within the project area were identified and fully documented. 5.1 SURVEY To ensure that all archaeological features that might be present within the survey area were located and identified,pedestrian sweeps were undertaken of the entire 5.355 acre property. When a potential archaeological site was encountered,it was examined to determine whether it represented an intentionally constructed feature or whether it was a relic of grubbing operations. When possible,the age of an intentionally constructed feature was determined from historic research and informant interviews. If a feature was determined to possibly be archaeological in nature,it was assigned a temporary field number to facilitate identification. This field designation consisted of a T(for temporary)followed by a consecutive number(i.e., T-001). Individual structural features within a specific site were assigned consecutive letter designations to aid in recording and mapping. For those structures or modified natural features that were determined to be archaeological in nature,Hawaii State Inventory of Historic Properties (SIHP)site numbers were requested and received from the State Historic Preservation Office. The SIHP numbering system employs a four part numeric code. The first element designates the state. The second specifies the island. The third indicates the U.S. Geological Survey topographic quadrangle within which the site is located. The fourth is a site specific number designation(e.g.Site 50-10-27-30295). Once identified,each site and its component features were fully documented. Vegetation clearance was undertaken as needed. The relative location of each site was mapped using a hand held Trimble GeoExplorer XT global positioning system(GPS). Its coordinates were recorded in Universal Transverse Mercator,North American Datum for 1983,Zone 5(UTM NAD 83 Z5)projection. An individual point was taken for each site(site datum). A listing of these coordinates is provided in Appendix C. Detailed site and feature descriptions were recorded for all identified archaeological remains (see Section 6.0). Documentation also included digital photographs of each site. Plan view maps were prepared of the more complex sites using tape and compass. A metal site tag was filled out and left at each site for relocation purposes. Since,at the time of the survey,SIHP number had not been assigned to the newly identified sites,the metal site tags left were marked DRAFT— Report Type Pacific Project Area,Ahupua'a Iegacy District,Island 1hst.ric Month 2012 31 r_"triva:Ion the temporary field number, as well as the date of recording. A list of all sites documented, giving both their SIHP and temporary identification numbers,can be found in Appendix B. 5.2 TEST EXCAVATION Test excavations were conducted at a small stone platform located just rnauka of the present house structure. This platform appeared to form part of the garden area associated with the house and its outbuildings. However, due to its rough resemblance to historic burial monuments documented elsewhere in the North Kona district,it was determine that the structure should be tested to insure that it did not contain a burial_ The stone platform was bisected and its western half removed down to lava bedrock. No human remains or other evidence of its use as a burial monument were found. 5.3 CURATION All field records (descriptions,notes,and photographs)resulting from the inventory survey,as well as all artifacts collected for recording,have been temporarily housed in the Pacific Legacy office in Kailua, O`ahu. These will be provided to the land owner once all analyses and write up have been completed. 5.4 INTERVIEWS To gain a better understanding of the more recent history of the survey area,oral interviews were conducted with two individuals whose families have been associated with the property in the past. Interviews were conducted in person with Ms.Wattle Kaiokalani Green on April 15th 2015 and through telephone and email correspondence with Mr. Bryon Freitas. Ms.Green is a descendant,through her grandmother Margaret Spinney,from Samuel Kamaka Kama who acquired the present survey parcel as part of Grant 1609(see Section 3.2.7). She now lives on the adjacent property immediately to the north(TMK(3) 7-3-004:011) inherited by her grandmother from Jacob Palakiko Kamaka Kama. Mr. Bryon Freitas is the son of Robert and Amy Freitas who inherited the 5.35 acre Kalaoa property from Amy's mother Ms. Emily Kopa Keanaaina Kamaka Kama (see Section 3.2.7). The information obtained through these interviews have been incorporated into Section 3.0 and elsewhere in this report. DRAFT— Report Type Pacific Project Area,Ahupua'a Legacy District,Island Month 2012 32 6.0 F1LLD INVESTIGATIONS The present archaeological inventory survey resulted in the identification of several structural features located within the survey area. The majority of these appear to date from the 1950s or later and are directly associated with the house located in the southwest corner of the property. This house and its outbuildings was determined by the Hawaii State Historic Preservation Division to not be eligible for listing on the State or National Registers of Historic Places (see Appendix A). A total of three archaeological sites were documented during the survey. These included a modified lava tube(Site 50-10-27-30295),a remnant of a stacked stone wall(Site 50- 10-27-30296),and a stone edged depression (Site 50-10-27-30297). 6.1 THE EXISTING HOUSE AND RELATED STRUCTURES The most prominent structure on the subject property is the old house,probably built by Henry Palakiko Kamaka Kama in the early 1950s. Associated with it are several out buildings and an adjacent garden area. During interviews conducted as part of this survey,Mr. Bryon Freitas indicated that the existing house structure was most likely built in the early 1950s. "What I remember from other family members was that it was actually dismantled and relocated from another property(don't know which one). This was back in the days when Kona had no electricity and was done under the direction of my grandparent. If I had to estimate,it would be early 1950's" (pers. comm. Bryon Freitas April 2015). Mr. Freitas indicated that the house was originally painted red,though it s now white. Most additions to the house were made prior to Henry Kamaka Kama's death in 1972,though an attached bedroom was added in the early 1990's. Hawaii County Tax Office permit records indicate that a building permit was granted on February 16th 1959 for an addition to the existing structure(Figure 20). The records include a floor plan of the structure showing that this addition was a bedroom expansion on the north and east sides or the original house(Figure 21). A permit for the construction of a"Fall Out Shelter"was issued on January 171962(Figure 20). The floor plan included with the records seems to indicate that this"Fall Out Shelter"was a"1962 Bedroom Addn"built onto the front (northwest)corner of the house(Figure 21). A permit for the construction of a water tank using old materials was issued on September 71965. A floor plan of the house and its additions can be seen in Figure 22. DRAFT — Report Type Pacific Project Area,Ahupua'a Legacy District,Island 3i,sn. .. Month 2012 33 p"""-'''°r, --1:7; a' 1,,a--4'.--:i i I { ! ------4— — .. ( it I i ' I e I I i J1FH iy l ; 'i + F� 1 I Ia .ri � 1 t 4r- O sI • ! L_ 'I' 1 , L I i I 1 _ " i-7,1-' — ±-" . ! ' - 1 -* 1 - h-.,i I,, II- - O I ! `i ._ $ ' F.i, 1 - -� -- 0 Y �'C 444 I `; Vt 1 + ■■ i 4 ' ' iZ1 < 1 .■■ ___ - -- _ , I _i � . ;A { ' a I ch K te 7:4 iy 1 I O '''''''''''I''''''77-----= ' A( /� t [ 1 i 1 et F _ I Wei I • Nes, : i it z -41 _ 1 I a I ■_�_� 1 l • 1f la , ' i ' i 'r r --L 1 E ti f , I i ', i al ` € ' ■ i *� i i O i§ a1 i j g 3' i f r 1 WEt,_ j — ad I< t1 €irji _ ■ x i „ , co Q "; �'- i,4M 1 f 1 —4-'— I r ' ; -- -------- V z d ; � � � ii • a 9F I t t F , a I --- N I d - O # I I ' I - E a I 1.d 4.H aE. 'W- [ E 1 I '; t - I ; 0 d' .C' ri 0-1? i � 1 I {- ; I I , : bAcsc ilia 6: i—i .._.. 01 iii 14 °A. 11.111 Til- �.,..._._. rt t*i V1Cr 1 Ail III /1r-74 firan f r''i A✓it 1 Figure 21. Sketch of the house and additions from County tax records. 32-C. 29-4" 1 i r 4 t. I 19905 Addition 1955 Addition 1959 Addition L____ „_._. .. , „ I , I I 1959 Addition Or.ginai House 4 le 1962 Bedroom Addition Original Veranda Front Porch i 27-0' WO r Figure 22.Floor plan of the Kalaoa house(base sketch courtesy Thomas Whittemore). DRAFT- Report Type Pacific Project Area,Ahupua`a Legacy District,Island ,il,r„-ic Month 2012 35 i"b,mstor 6.1.1 House The existing house consists of a wood framed main structure raised off the ground on posts with a corrugated iron roof and wooden porch on its nzakai side(Figure 23). This main structure is a composite of the original house and subsequent 1950 and 60 additions. Extending off the northeastern corner of the main structure is a smaller one room `ohana style bedroom built sometime in the 1990s (Figure 24). An additional open sided shed is located slightly to the north on the opposite side of the cement driveway(Figure 25). rYs ri- ,,_.. • Figure 23. Existing house from the lower driveway(view east,photograph courtesy Mr. Thomas Whittemore). DRAFT — Report Type Pacific Project Area,Ahupua`a Legacy District,Island H;stoxic Month 2012 36 Pmr♦ai<rn • (1 0 . 0 t 1 E I ( .! s_....- _ !!'il ,,,•,:r1 - ' - .,,,„,,.„-- -,,,tni!:!:,4,1'." ,.-• .:. lido, ' ,,,_.,1.".416.,..&''''-.--- ''.,--' ,' LI L'..i • ,.- --,.'„,--A,W,z-„,411.1r-&,-*,' ,:.. '",-. -...-1--------' .:'. '... ' ,.., 'IF ,:".....;414.:Tfr -;,..,,,, , ....-- ,, r, -„- --",- . 1 ' i , . . . LA n 4.,_,..*,, - 4,••4,* ,,,i‘ ,*..4747. 1 k . ?I' .-:, ..4..........* i*4.4,40%-.4.4:4: 4 •''' 4 *4,4 4,.....104,4,4 4 *,.....***.41,7;; ; 1 ::,..40-4.....,........ 4144..*'• 1 H alfillaibli .. , P'.. 4 4 ---- . .. 11 I li Figure 24.Attached ‘ohatta style bedroom(view east,photograph courtesy Mr.Thomas Whittemore). .4. ,,„......,..,:tii„--:.:., ___„:„.:„„4_4( ,..7..,,,..„.7,, LI..„,• . • • ,•_. , . „..,:::-:;.,_f:• , , ,. ,- '.:,-.',."`..''''•;,Pi ., .,. ,....‘ . .,07'-' . 4'-• ,,--_,,_-,.. ._ ,„•_. 1. - 1 ,_. , • ,,,„ - - „,. . - - r. , . • „. , , . . . _ - ..-.-• ,,-,-4.- , ,t - ..... ....„__• _• „„ --- -;• .1 , pirr, . .,.•• ' .-.1, , ..e..., .,, , .:.,:•,. .••. , ,,,t.:47 4 e,-......,,- -:•--: ._.:-_,,- ll, -4,.'.-',,,,,' , solio, ,„21.----..•-...,.._._.-„,,,-,-, •-- • ' - ,- „.-,,,,....-t.,..-_-..--:;,,,,--..f-, ,-!•---,..2, h --, 1 1 1 I 04' , , ..., I I ( ? Figure 25.Open shed to the north of the main structure (view northwest,photograph , 1 courtesy Mr.Thomas Whittemore). L.; , DRAFT — Report Type Pacific. Project Area,Ahupua'a • cgaCY, t,.._ District,Island Month 2012 37 Prsr et,..an 1 • - , 1 As part of the current survey,a detailed examination was made of the crawlspace located under the house to determine whether the present structure was built atop an older foundation. This does not appear to have been the case. The ground surface beneath the house is slightly sloping with the natural contour. It consists of exposed patches of palzoehoe lava,a rough spread of subangular basalt cobbles,pebbles and occasional small boulders,and thin (1 to 4 centimeter deep) patches of soil. Some of these areas of soil consist of grey ash,though it not clear whether these represent fire pits or ash dumping areas (more likely the latter). The spread of stones does not appear to create any formal pavement. It looks instead as though they were simply spread over the area before the house was built. The house has been raised above the ground on 'ohi`a (Metrosideros polymorpha)logs and milled timber supports. As with most houses of this age,the low (approximately 0.7 to 1.3 meters high) crawl space located beneath the house was used as a storage area for odds and ends. It also appears to have served as an impromptu dumping area for ash and rubbish. Most of the material"stored" beneath the house appears to be of relatively recent age, dating from the 1960s or later. There are numerous stacks of lumber,which cover large portions of the crawl space. Among the other items observed were bails of wire,metal pipes,electrical wire, and wire screening. Various scraps of rubbish were also encountered, including leather shoes and shoe soles,the spoked iron wheel of an old wheel barrow,Iengths of rusted chain,an iron pry bar,glass bottles (all of relatively recent age),bottle glass fragments, plant pot shards, ceramic fragments, and tin cans. There are some objects that appear to be of slightly older age. These include a fragment of a white ceramic door knob,a rusted square headed iron spike,a grinding wheel, several rusted iron pick heads. Also found was a wooden box containing a number of horse shoes, as well as various rusted bits of horse tack and a fragment of what appears to have been saddle leather. The tack is described in detail in Section 6.2.2. One tradition Hawaiian artifact, a fragmentary polished basalt adze,was found under the house. It was located on the ground surface,just in from the drip line of the southern wall,and immediately next to a crumbling historic grinding wheel. The location of the adze(as well as the lack of any other obvious pre-Contact cultural material in the area) suggests that the artifact was brought from elsewhere on the property and left under the house,along with the various other more recent objects. Also found was a water rounded coral pebble with one corner worn flat,as if it had been ground or used as an abrader. The edges of the worn bevel are so sharp,however,that the modification appears to be relatively recent. The condition of the coral cobble indicates that it is not a pre-Contact artifact. Lightly scattered over the ground surface toward the southern edge of the crawl space were kukui(candlenut,Aleurites moluccana),macadamia(Macadamia integrifolia) and coconut(Cocos nucifera)nut shell fragments,bottle gourd(Lagenaria siceraria) shell fragments, marine shells (Cellana species,large Cypraeidae species,Drupa),fragments of beach worn branch coral,large and medium mammal bone (much of it saw cut,including both pig and cow). This appears to be part of the historic rubbish dumped under the house. DRAFT — Report Type Pacific' Project Area,Ahupua'a Legacy. District,Island 38 a Month 201 �'�,crr:�r<,r , There is no direct evidence to suggest that any of the materials found under the present house dates from an earlier occupation. It all appears to have been stored or dumped in the 4 crawispace some time after the present house was built. k 6.1.2 Water Tank U Almost immediately behind and upslope of the main house is a wooden water tank(Figure 26). The tank is set atop a roughly circular terrace faced to the north,west, and south by a retaining wall of loosely stacked small to medium subangular basalt boulders. This terrace incorporates an outcrop of lava bedrock at its lower end. The surface of the terrace is a mix of stone and soil. The water tank rests on a wooden framework supported by wooden posts that are set atop - blocks of cement. The tank itself appears to be constructed of redwood planks held together by galvanized iron bands. It is roofed with both wood and rusted corrugated iron. Hawaii County tax records indicate that the water tank was erected"with old material" in 1965. ,_ -0..... , i,4,--.',; : • '..- , ...,.- ' -W....7,A-,1. ,,,,---, ,!., ., i i � � ,t. _.-.1.; �' � Y ,�Cyt 'X'1.YC .� • � F4,t r Ate .,x °T` a•.::. 3`'et,#t ,. 's"weq .•f=:t t P ' : L. - A y44 ,�v r 3, 1 4t -.. I ill bp:, . :.LR S 1,.,1.;12.- y _.1 1 �, � s tt f ' -4 J 2' j-i- . ,---_-."T--.1-4,1' , ',I �. [-1. E ; -ie - ., , ...„ ._ _ ....,,,..._...„, ...../ _m. ,,. , „ __ _.: :_.,,,,,,,.. _„..,...,,,,,.......: ......,.,,, . .. 3; ., ,i. n tb „ .„,,,I, _...___ ,_ ..,.....,_,...."......,.,__,.. ., , ,,. _ _ : „ ,,,,,,,‘,,e, . _ . . .._ . ......., ,___ - _ .. ______. . ,..„,:..,...._ ___ „..,_...., ,,,,, ,,, ,:„..„„.....„,......,,.....„.„,,..,_ ri,., :21,, • ' ,,_, '---7,..:,,,,, - , ,' ''-','7,..,''.14,,,,_,, : * - ,.. VI:4s .-r m3 t t• i y t ` k y+ `y_ 4.� . t'.” SttY• •�_ ♦ ��.� �' - ------.4.- Y .. 4 V` { • = �•� ,Y �� r 'ate is t - -eri- -.4.---tr'...;,„,- '-''' ' ' k.,14-..,:;;;...... .. --irl'".- -z - - -- - ',--,--: -.-,-s ---,. ..-- , tr..- •,,,- 1 . v : t(, r - .-----,------:t t n.. 1 : ?� ?. 3 ' 'y-, "'rte „-:N,, , [ I Figure 26.Water tank located behind the main house(view west). m. g t) Li � ,. DRAFT — Report Type pacific , Project Area,Ahupua`a 'egacy District,Island - i iisto is Month 2012 39 g'*�"'u.," i 1 g. 6.1.3 Garden Area Located almost immediately behind and upslope of the house and water tank is a complex of crude stone walls, stone faced terraces and a stone platform(Figure 27). These features appear to belong to a former decorative garden area(Figure 28). Mr.Bryon Freitas explained that, "The garden was built prior to 1970's by my grandparents and their children with various vegetation such as taro,string beans,anthuriums" (pers.comm. Bryon Freitas April 2015). The former garden area is partially enclosed by a U-shaped rough stacked stone wall of variable height and thickness. The southwestern end of the wall begins at the southeast corner of the water tank foundation(suggesting that it was constructed at the same time as or after the erection of the tank). From there the wall runs mauka for approximately 22 meters,then angles north for another c. 12.5 meters to the southern edge of a rough jeep road that runs up through the property. It then angles makai and runs for c.50 meters to a point north of the open sided shed. Along it southern arm,the wall is thick,faced on both sides with loosely stacked small to medium boulders and filled with cobbles and soil(Figure 29). Here it measures c. 0.5 meters in height and c. 2.1 meters thick As it bends north and then runs back west,the wall narrows. Here it is built of loosely stacked medium to large boulders and measures c.0.7 meters in height and c. 1.2 meters thick. A barbed wire fence with post supports runs along the northern edge of the wall and to the north of it is the bulldozed jeep road that extends up through the property. Over all,the U shaped enclosing wall measures c. 50 meters (east to west)by c. 16 meters (north to south). Debris including sheets of corrugated iron roofing,cinder blocks,barbed wire and other rubbish is scattered over the ground surface enclosed by the wall. Within the confines of this wall are also located a few crudely constructed stone features. These include a northwest to southeast trending linear modified outcrop, a set of stone edged terraces, and a small roughly circular stone platform. The modified outcrop is approximately 5.46 meters in length. It is roughly faced in places along both edges with loosely stacked subangular small to medium boulders placed atop the bedrock to level the top surface(Figure 30). The feature is c.0.9 meters high and 1.5 meters thick. Just down slope of the modified outcrop is a set of crescent shaped stone faced and soil filled terraces (Figure 31). The lower terrace retaining wall consists of loosely stacked small to medium boulders one to two courses high (c. 0.4 meters). Behind (upslope) of this stone facing is a small area of soil. Behind this are the badly disturbed remnants of another possible terrace face,and behind it soil,then a boulder outcrop. The entire structure appeared to be a former decorative planting feature. The rotting trunk of a hapu'u (Cibotium splendens)fern is visible in the soil behind the lower terrace, giving further evidence if the structure's use as a planting feature. Upslope of the modified outcrop,set against the inner face of the enclosing wall, is a roughly oval shaped stone platform(Figure 32). The platform appears to be built atop a natural outcrop. It is relatively small,measuring c.2.5 meters (east to west)by c. 1.9 meters (north to south). The platform is faced with a single course of small to medium subangular basalt boulders(0.3 meters high) and loosely filled with small boulders and cobbles. It appears to have served as a decorative element within the garden,though its specific purpose is unknown. As part of the present survey,the platform was tested to make certain that it was not a burial monument(see Section 7.0). No human remains or cultural material was encountered during its excavation. DRAFT — Report Type 'Pacific Project Area,Ahupua'a Legacy District,Island �fFtf.r Month 2012 40 '''c'cr"a''°° c lyK ♦'r ' Si .�' .car.. ``Z'i' I ? ' ' �' , ... . .4 .4hj".ile: ',. , ga! � f ;'.y .� „, ; ...4`....'..- -...„.-. . 4 i h, ') \ ..M I S. +J 1 ',,'/,''.:+40#,• 't ,„ 4,,, ,... • ...... , ki.,.,,,,,,. ,.., ,it. ... ,,y;:' 4 /.,•-.4 P. a »x-., +rs: lit' - - - - ,,,,,. ,,,,,,, ,f,-, , , '' . •411,, ,--,,4 -,„ , • , � 11Th \ ry ti Y Figure 27.Former garden area behind main house structure (view southwest). DRAFT --- Report Type Pacific Project Area,Ahupua'a Legacy District,IslandI. (ktoric :tti Month 2012 41 Pnsa,rtiaa h r?;•+ A * • '� 'a�^^..'°'.`..•,e,•„w,w,„..w-..:+a,..'^�va,n..y„ayi ,.TM P -4, , ifill;', ¢ _U ” a '',6' N';',:',' . 4 I ..,,,,,,,,, ' a ' ` Jh � vJn C / # ' � Nate(�� lHl.:i�3L':, Ncr.11tF:� llltcl�.+tr � A �''' P, Z�ylI f A ri M Platform i iiii;-,',, '.;,..„,'..,,,,- i ,,......6.01...,,,,,.....1. . ,, • ,ilipab I y, '�i s • j ... ^ � Figure 28.Aerial photograph showing the various features of the garden area (base aerial Google Earth,accessed 2015). DRAFT -- Report Type Pacific Project Area,Ahupua`a Legacy District,Island f!!<1�iFAA: Month 2012 42 rA �,;,,,,,,I I CO 0 # t i Ppb ? Ot '" x r ' t 3 -�+ r ''� �'#�" 1. ! s, d - �- - F9 qR�... yam. 1 440 X { :27- 1-1 i --,`'`..' \j — '''' ' ''''''-- '''" y _ ,;,; � Via;" n . Figure 29. Stone wall partially encircling the garden area(view southwest). r � E " ' ..: ?_ tee, . [ I, I ! ar vii `, r r p % F 0 - � • - Ary -- C , t?„,--,-.47,, ; 4 `.,- ". 'q ` .._t' i. c ,'' >x• ; ._ •-ter x 9�,` ,, , - 1. , , irg,LA 1- -4 ,), ' „,:t, .._ , A .. , _., 5 ,__,,, . i.„ , , , .„,, , - . - - ., . „,.. __ , _ ., i . , , ._ ,,,,,.., 4, 4--, ,- . -- .... , , „, , .„,,,,, , ,„, 7- i .. ,.,. _., , , - _ t , i I --z.-‘•• --#-- 4- - -.,,-—.. ' -4-‘0,..-=•.1..L. 4 .-..-7„ ' Os''' ' .4— u' -,:df r `' r s t :.r y_ -,..1,----?„,f r_ E * -tea K s 444 '! e r�`t:a a�'r •,,,...4.' `k tir ..., .. i 3 ,d. i fey 7 `"'f y '+.. Figure 30.Modified lava outcrop within the garden area(view northeast). DRAFT — Report Type ! T Pacific 11 Project Area,Ahupua`a District,Island �e� Li ��i{`r_,:A� Month 2012 43 itr;=_Kun, a. 7..8 i: 1-.777 4 T yL'N�'i� p„,:3.0,4 7t. -- tom; _� . _�k' •�� u• 3<- tl : ' G •.. ,� • ,i':,a+,; . �J' NM` 4-- •' • K .. '' xf • f ,,,, -_-„,--,-:,..,,,,,-. ,,,, _ :,,,,/".13 . - ' ';'''- ,- -r-"-- .-' ,,,ri-,.--4.'",-.T.,-74.-- - :,---,- .- ,'''''..st, = ' ---1' - . - - -- „-,.....›7-`t,",--- ', ' - ••_ - •-",, : ‘ .' ,r.Aitr* , '., :,.-...‘'''',..:,,f.j.:::', ...'., '''.'''' - 4..T.,,,f'..'' 44,-4 __ - - ,...',.;,— - ;0-57.• :*,,,,,_,„ -Y , A r t ---._ =ys � r .. 1%;.....);;,-.. _,. ,-.„, -...2.-,...,,,,,„--, , C-,_.,--,..,, ,-:-.7.,N:,,,:c::,"'-'-* '.'57-''''''-- - . 1- b t - .- sn . _...i--,, ---,,:„...,,,:.*,- -------„--_-- - _ ,-. '''''''':- 6, a, ..L � 9 �`-, tem f- � e..r ..; '.\\,. � a • -� t,` x:�/ .I s s ; r',.---1 .',. ' , '2.S-•,.;„-4---t-},-''' .,..'' 0-. •-' _,-',',-..! .. ' ' '---- ,, '''''' , Figure 31. Stone edged terraces within the garden area(view southeast). k ,� x � Pr (�, F,.r .xF P't Y 4 :,...a.. '` f ',', --.. - ' ,-- ' •' .,:,i; ''../.f i - ' - ' r` r.•. S'.p 4 'F' t v. ., - :i; F4.. -,,, ,.,. ....„., . ... _ _ . ,.._„ ,„ 9 sp •,. -:`,,-,-.-- -fk,o.4.41,,,,i;X:k. .„. "'Irk.— - .., r‘ ,:, . ' _ - � rt 11.. '=�' ' Q \ , — - ..,„:.--, _.-- 1,,.: - ,.,,..:-t,,,,,,-- ' "4,8ike--8, -vr ' / ' = , : ..-, -, 1,'..---,-...2` ,4.,,if, ‘,., , ,.,„...,--...-0.-, _ _. A,,., .1;;IP, ,,, ,40,,, P” '_. 4.- ,d... .aid., - - ..SU}!'" 7`` . -*iJ 't :-ii ,ir '- Ay'.Y P Figure 32. stone platform within the garden (view east). DRAFT — Report Type Pacific Project Area,Ahupua`a Legate District, Island 7� � Unons Month 2012 4� 4 7'rcur.;ti!to • 6.2 DOCUMENTED ARCHAEOLOGICAL SITES Only three possible pre-Contact sites appear to have survived the bulldozing of the project area (Figure 33). These include the included Site 50-10-27-30295 modified lava tube,the Site 50-10- 27-30296 remnant of a stacked stone wall,and the Site 50-10-27-30297 stone edged depression (Figure 34). SIHP Number.50-10-27-30295 Field Number.T-001 Site Type: Modified Lava Tube Present Condition:Good Description:Site 50-10-27-30295 is a natural lava tube with internal modifications (Figure 35). The site is located in the central portion of the survey area, approximately 1.5 meters north of the fence line marking the southern property boundary. To the north of the tube entrance the terrain has been grubbed. An east to west running line of bulldozer push boulders situated approximately one meter north of the entrance marks the edge of this ground disturbance. Among the stones within this bulldozer push pile was found a vesicular basalt abrader(see Section 6.3.2). A mature avocado tree is growing just west of the tube entrance. The entrance to the lava tube consists of a skylight opening that measures c. 1 meter in diameter (Figure 36). Along the southern edge of this opening is a sloping(c. 45 degree)ramp of stone and soil that leads down into the tube,ending in an intentionally constructed step of loosely stacked stones(Figure 37). The western edge of this ramp has also been edged with stacked stones. There is a drop of c.2 meters from the roof at the skylight opening to the tube floor. Soil has sifted in from the outside,covering the floor just below and to the north of the skylight. Behind the main entrance,a low,partially blocked passage leads off to the southwest for a short distance before becoming too low to proceed. The entrance is located at a bend in the tube with passages extending off both to the northeast and southwest. Immediately to the east of the entrance is a level area formed by a stone faced and stone paved terrace. The terrace is roughly rectangular in shape and is faced to the northeast by a retaining wall of loosely stacked small to medium subangular basalt boulders with some cobbles and pebbles (Figure 38). This face rises c.0.7 meters above the lava tube floor. The stone facing measures c. 0.7 meters in thickness,and is c.0.2 meters above the interior floor of the terrace. The terrace is edged to the northwest by a natural shelf that extends off the lava tube wall, almost at the height of the terrace, and to the southeast by the wall of the tube. It is backed to the southwest by stones tumbled down from the entrance,and at its southern corner by a small entrance that leads into another inaccessible portion of the tube. The interior floor of the terrace consists of a rough pavement of cobble and pebble clinkers and set small boulder slabs. Two large boulders appear to have fallen from the roof of the tube and now lie atop the northwestern edge of the terrace, obscuring its shape and covering a portion of its internal paving. The collapse of these boulders appears to have been a recent occurrence and not related to the use of the terrace. The only cultural materials observed on or immediately around the terrace were a few fragments of bottle glass resting atop its facing wall. DRAFT — Report Type Pacifici Project Area,Ahupua'a Legacy District,Island ri;t«Ta,_ Month 2012 45 P"""''1"n 3 r .� is v,,;::',, ,, A ' x LEGEND ligi - Archaeological Site ;� ,. , n Archaeological Site 11 SurveyArea Boundary ry n �' 9 k: k 4: a ` t: t+t �g t 3 x z a; e .fix � � .-�' tiff,k t. f '3 ` a µ�, Site 50-10-2 •. 0297 �'- ` *> Modified De�t"ession ,,a Site 50-10-27 � ;Wall Remnan ., ;, Site 50-10-27-30295 ' „ k :Modified Lava Tube ., , , ,,„,„, ,tok -41 '' ,, , ,., : , ' 5 �n, ,. ,, , ,,,,,,,,,, . a2.,f ....,,,,,,,, .* ' s,,,, i,' t —, - -, t, - :1-,,,,,,,,, - - ,i „;.,,, .‘,,, ,„,„ , ,,,..., ,,,,,,, -, .,„. j ,,,.,, ,.,, '-, -:?,,, , : . yo : 'IFC L�-Frey .A i �( .7i4,:',, ',,,, •.l F,.,,, b!ZY ,..,,,, 1• g-+. ..` n` { ' 100 �� :' { � Meters u; 0 1� cy t� yi 9 Figure 33.Distribution of documented archaeological sites within the survey area(base map USGS Keahole Point quadrangle) Legacy DRAFT — Report Type Pacific Project Area,Ahupua`a District,Island Month 2012 46 i>r<Il«;'"c< LEGEND �` Archaeological Site •a .. o. i Archaeological Site ,,,,,, , Survey Area Boundary A, , w ' min .,.., . , , . ,. ,, l'p , M �A� al y . , M M. • n, a • „111., ot.' illt '?'i 1'1,,tlf1f t. k il fic , y�.`0 e ' ('' • ,1 ' n U 50 100 150 ;'00 NA ,' Met,rs f ,a' ..., 11111111111111111111 =1111111 i ree t ! ) 1[,O 100�k',pM;' d 600 r d;i A Figure 34.Distribution of documented archaeological sites within the survey area (background aerial from Google Earth,accessed 1915). 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'+• 1. 17 s e+r.,"Y :r • ..rte 4p k • Y Figure 38.Face of the Site 50-10-27-30295 internal terrace with green glass bottle (view south). DRA! I — Report Type Pacific Project Area,Ahupua'a Legacy District,Island Historic Month 2012 50 Preservation One branch of the lava tube extends northeast from the constructed terrace. A natural lava shelf runs along both sides of the tube in this area. A section of iron pipe was found resting atop the north shelf, at approximately 8 meters in from the entrance. The floor in this section of the tube consists of slightly rough pc-aloe/we lava. Two green glass bottles (one with its crown cap still intact)were found in this chamber,as were fragments of green bottle glass and a clear glass medicine bottle. The medicine bottle was found on the tube floor just northeast of the terrace face. The bottle is roughly rectangular in cross section with beveled corners(Figure 39). It possesses a screw top finish. There are remnants of a pink substance solidified inside the bottle. These are probably the remains of some of the original liquid it contained. The maker's mark embossed on the bottom of the bottle reads"ARIA OCRAT",with the number"4"beneath it. One edge of the bottle is marked with"cc" (cubic centimeter)measurements,while the opposite edge is embossed with the apothecaries'ounce symbol. On one side the bottle is embossed with the apothecaries' ounce symbol followed by"Jr. The bottle measures c.11 centimeters in height,c.4 centimeters in width at the base,and c.2.5 centimeters in thickness at the base. An intact green glass soda bottle with a rusted on crown cap was also found on the floor of the tube(Figure 40). It is seam molded with"24N" embossed on the base. There is liquid still inside the bottle,which measures c. 24.5 centimeters in height by c. 6.4 centimeters in diameter. A very similar bottle,missing its neck,was resting on the tube floor closer to the entrance. Fragments from this and other bottles were observed both on the tube floor and on the face of the terrace. At approximately 15 meters in from the tube entrance,the chamber is effectively blocked by roof collapse, though it is possible to see that the tube continues beyond the collapse. The collapse appears relatively recent, probably a result of the grubbing conducted on the surface above in the 1970s. Fragments of corrugated blue plastic roofing were found mixed with the soil and rock that had poured in from the ceiling collapse. A section of cut log is also located at this end of the passage. As previously mentioned,the tube also extends down slope to the northwest. The western face of the entrance ramp has been shored up by a facing of loosely stacked small to medium boulders. Approximately 0.6 meters west of this face is a low,roughly rectangular platform measuring c.1.3 meters (north to south)by c.1.1 meters(east to west). This platform has been built around some large roof fall boulders,but its eastern edge is formed by two slabs set on edge and its northern end and the bulk of its surface is formed by a single large pahoehoe slab laid flat(Figure 41). Pebbles and cobbles have been used to fill the gaps between the boulders and level the surface,which resembles a low table or working area. Some chunks of charcoal were found resting atop the pebbles. On the tube floor immediately in front of this slab table is a wooden handled stainless steel kitchen knife (Figure 42). The knife measures c.24 centimeters in length. Its blade is of stainless steel with some rust. The scales are of wood,now badly rotted,with brass bolsters. Just to the east of the small platform is the rusted lid of an oval metal meat tin. The presence of these artifacts might suggest that either the low platform/table is of relatively recent(the 1950s or 60s) construction or it has been reused during that time. DRAFT — Report Type Pacific Project Area,Ahupua'a Legacy District,Island .111,0,.;c Month 2012 51 j r;esan'y:on Loe ....,, ..w , „ i ,E d_ D:, r. _rt C s. x - a+`x 'L k Ir. k - R C a- k 7Na St :r = ''`� • z , - - '. _ a` ext 00444,, Ak Figure 39.Clear glass medicine bottle found in the east chamber of Site 50-10-27-30295. DRAFT — Report Type Pacific Project Area,Ahupua'a LegacY District,Island Historic Preservation Month 2012 52 ,, - „ -,,,N!M47--- ',"-',.,:,.., 1,,,,,--%7.),,..-.4'too ' ' -,....-, ,,,,,. ' 4 -,., ‘4,‘1 4"- 3, 7N, ..,,„ ,, ',`'--:;'''' -",''''. -_:*, . ,,, , ,, ,..... ' «. _ , -:4 1::::,. ',;','": i cyyc „:1-•ate..\ � 2 " .` 4 ` ,• ?'►rya. ,y . .r ✓ ....„,,..1r:-.4s y - 4 Y ,,...:1,,,-,,,,,., 'ii ,• •`\ . i {~ ---. ,-..:,,, - s —,,,,,. A, ,._ * .....-- • , -,,I. —.0 . - , .. , , .. , , . . : .. i y '. }` , .. , 4, • ‘ :...„ 4 . S•s_.:' - ‘,'-.. '' 4 . ,... '" fig'.�.. T • ,. -y • ♦ !�_ , - i!"•!Irr*t: o'er y , i' , ..i . -,--,--, a t .Y� ...y _ 4-, 4‘.,:'44-:%.*,'kiie ',....2"--, ,,,,, .1. ' .,..4..- WI' ::, ' -•'.- 7 ''''''"I'.4 1 - Ott` , �' Ni..,• - V. w 4'' a F ..,-,., ,. _ r '.. _. ',.. , : 7, . Y I e; -' k x yy , 4} -- 7..,•.•.�s rk F --"! '✓.' - y, .,111 y •` _ H :1 i , _,.. '' ry } i i y tw y . , ,..., N -:' i 'a`, 1. ., M. . • x i '. "`"dei _. Figure 40.Green glass crown cap bottle found in the east chamber of Site 50-10-27-30295. �3A�'•�` — Report Type ----.-- ..-____.________.�_.__._._----- -----__.._-`Pacific Project Area,Ahupua`a Legacy District,Mand Historic Month 2012 53 Preservation ! 4 f : 10 _ .1/4,., ..,„.8 „„.„, H r [ ,. .c. „,v,f,„„4„... ., ,._ ., . . ,,.„......,,,.„...4.......„1„. A., . . ,,,,,,_ ,,,,,„ ,„.#4„..,,,,:: :.,.. . ., ,, _ ...„, ,.. ,,.. _,,..„..../..,:. ,. . - -4 - , , oi-,,,,,,,--;,-.1. . .A;... ,,,,,,,,,,,-;.-..,..,., ., ,.,,... - . .. , ::.. . .,,,d,,,,,,,.:,,..,h r !c r ...,;,,f ilt Wii',1.14-,' a 'ray �g ,. .'. '''. M - _ Yom• , ' . 4 4 4' .....„___..... ; ',Iew'f,,,,,i-e* ' :„-;.."--,,,, , -- . r Figure 41.Site 50-10-27-30295,internal slab table(view south). -'. , , 4 ,,.' - r' .: " , I � . f w L ,h . Iffigaill - Figure 42.Kitchen knife found at Site 50-10-27-30295. DRAFT -- Report Type Pacific Project Area,Ahupua'a 'eg acy District,Island Month 2012 54 P reseer ration Within the floor of this western portion of the entrance chamber are a concentration of goat bones and decaying wood fragments,as well as kukui(candlenut,Aleurites moluccana)nuts that appear to have fallen or washed in. A rough line of large roof fall boulders runs west from this platform forming a crude low wall across the southwestern section of the tube. At the far side of the wall from the entrance the southwestern tube branches into two and then recombines, extending downward at a slight(30 degree) angle. It does not extend more than 13 meters before being effectively blocked by roof collapse. Scattered down this western passage,as if they had been discarded there,were found several rusted tin cans. These included both circular bottomed cans and low oval bottomed meat tins. The modifications within the lava tube are in relatively good condition. The entrance chamber of the tube appears to have been used as a temporary shelter and/or activity area. All of the artifacts found within the lava tube are of relatively recent manufacture(c. 1950s through 1980s). No pre-Contact artifacts,midden or other cultural materials were observed. Since the only cultural materials located within the tube(the stainless steel knife,rusted metal cans,clear glass medicine bottle,green glass bottles and glass fragments) are of late historic age,it is possible that the modifications to the tube may date from this period as well,though they appear relatively substantial and resemble traditional structures found in similar lava tubes within North Kona. The tube has obviously been reused during in the more recent period. Mr. Bryon Freitas remembered that the lava tube on the 5.35 acre property served as a"play fort" for all the grandchildren of Henry Kamaka Kama. He did not remember the internal features within the tube(the stone terrace or slab table). "To me they were natural foundations" (pers. comm. Bryon Freitas April 2015). A similar,but larger,lava tube is said to be located on the adjacent property to the south. Mr. Bryon Freitas was told by his mother that the family used this larger lava tube as a shelter after the attack on Pearl Harbor in 1941. Mr. Freitas stated. that the story of,"the lava tube on the south of the 5.35 acre parcel was told to us (me) as a child. This was the story that was passed on. My mom was 7 years old. I do not think she had a clear recollection of this." Mr. Freitas never visited this cave. "I knew where it was,but we never went there" (pers comm. Bryon Freitas April 2015). This larger cave may also be the one used by Lahapa Kamaka Kama to hide her children from the leprosy inspectors (see Section 3.2.7). SIHP Number 50-10-27-30296 Field Number:T-002 Site Type:Wall Segment Present Condition:Poor Description: Site 50-10-27-30296 is a remnant segment of stacked stone wall that has survived due to its location next to two large `ohi'a lehua(Metrosideros polymorpha)trees and an avocado (Persea americana)tree(Figure 43). The area surrounding the site has been bulldozed, destroying all other evidence of the wall. Site 30296 is located in the central portion of the survey area,33 meters north of the southern boundary fence_ The wall is oriented east to west(mauka to makar). It rests on a 5 to 10 degree slope. The wall is constructed of loosely stacked small to medium subangular basalt boulders and pahoehoe slabs,and in its most intact section rises 5 courses high. DRAFT — Report Type Pacific Project Area,Ahupua'a IegaCy District,Island Month 2012 55 C ••�.' F` f� :'1 , 3 • ,,!`�� Sit i r,..1 Y 1-...-:.t - ..l l • Y At ,,,,RW T.,,4,�- -,:ii /.,--, 1,, �., 3-10,4 Ali e. '. y f��..!„r+.-..Y' '',..a: 1f f t t iP'�e..�,�t i n /r', ..r ... .f{} .J r r, • *• i'.', 'lii ' ''I , �' -— `y i t !!1111 s. i 1 ' l' , .si.f'. t t /'-'--2-', ~ tin•r�• / 1 ` V - - _ Ti.• t , 3 \ .--. , r.-'i i r / ( .,:"S,-.',., i.1µ*;,-,-2.--,f• AT. -,..--/ :,.� /��l��. y3r.,x lMrw C / "ti._ ^: 'lZv,7 a, .-' r \ t�`-tea I,- '`_ L� 'it >t + _. r 6 •`! r:''�� _ g , t. -,1,,, ,s.+.'.1, T!,.. �r�'� r1' N 7 i .eF'_ �a.�. „iii — - j• y i- %(/'` !°�. �- },-, f y ... `' 4' bf. 6 �- / , , R' �1� 3, -w r 1. t f lY • \ ' ,��,x "°8 .Sri--' .� • t. .._,;.. .....- ....;.^'.ate ;>;i , .. z r ---,;,if .. :. V.--4,-,_,_ �\ r���V�q �" .-�� l'� ',,,,,,i'; 1 _ � } A' ..�� �. � to ^ 1 w .. ;:-.4.":":2_-- !rte •,::,.-..1!-.i- !�i_' x,'`-s'..� ,-,..:% -'s w „-:.:.s_ ,! \,_ .•`'.-.` 13.- '. , !'i .- -.. l• ,......•.- - _ i '�aj' �.. v Figure 43.Site 50-10-27-30296 wall remnant(view southeast). The height of the wall varies somewhat due to tumble,but it averages c. 0.8 meters. The structure is relatively thick,measuring approximately 2.4 meters across. It appears to be core filled with small boulders. Only approximately 4.0 meters of the wall survives,and this section is in poor condition. As mentioned,the area surrounding it has been bulldozed,leaving only that portion of the wall next to and between the two mature `ohi'a lehua trees. Due to the grading,it is impossible to trace the wall any further either up or down slope. No cultural material was observed on or around the wall. There is no indication as to the age of the wall other than that it is older than the two mature `ohi'a lehua trees growing out of it. The structure may have served as a historic boundary or possibly a pre-Contact field wall,though the former seems more likely. DRAFT -- Report Type Pacific Project Area,Ahupua'a Legacy District,Island Historic Month 2012 56 P=esen-:>cion dimmormaisiomismommosim r 1 C SIHP Number:50-10-27-30297 , i Field Number:T-003 Site Type:Stone-edged Depression Present Condition:Fair Description:Site 50-10-27-30297 is a roughly circular stone-edged depression(Figure 44). It is located in the makai portion of the survey property,approximately 25 meters north of the southern fence line in an area of boulder rubble. The feature is partially surrounded by bulldozing. The site consists of a shallow depression in the stone rubble that is roughly circular in shape and appears to be edged with small to medium boulders and some cobbles. The depression measures approximately 0.6. meters in diameter and c. 0,3 meters deep. The floor of the depression is relatively level and consists of a flat pahoehoe slab and cobbles. ( '1 This solitary stone-edged depression may represent a pre-Contact agricultural feature,possibly < A a remnant of a somewhat larger complex of similar planting depressions. It is similar to planting features recorded elsewhere in Kona. A shallow depression would be made in a area of loose rock. The depression would then be filled with mulch and use for planting dryland kalo (taro,Colocasia esculenta), `uala(sweet potato,Ipomoea batatas)or another crop. c ,tell.:,---- -"",, - ' .'"'"--"':- --"''..410 , '''')ii,/ ,,,.......r:-.7\i,,, ,':..... ��yj \ - .y Ar,,,,,:',,,t 'C�+ye.t �' fty -+`� ��e 3 •,s yL /•, ..‘," - - - . t, -'( ( ' 1 ,,:ki\i_ # . ,f,.,: . iv..W.1 , iti . - '-,-- w ��/ '.17,4C- L i u .i � f • , ','...--*".7.7,7"--=--.- t', ',/ ----' '',;,,,.'-:--.4,:-", • I',L4-21.------14 ',• ',1%1/4,,,,:,... - \-,' i"1 ' -..' - '''''4111,1S. \ - t ' `_� y i •i r, 4 s T • •rr`" 9 t .., I-' .-'t �' ,,- =^ _ No.{ " ter:':-.1::. ` I(offe f,e V ' '''': lc J‘!--;. -,,,,,:-...,...';M:::" - ,..„.44....7 3 k $ 6 2: wr '� ,:, y+' ';,���y ''.4i sr�"'?'OXY • '� �,h� $ \ _.t,, " / R '.--7:' 'a ft ' . / yr\1 .tom/i. ;_,' "'✓ 4 to`i .,.• f 1 a 1� �\, Viz° *,- r r • ,440,21°' ;�+4� F ;`i-,- "a Pr�''` .s..^may,.' -:..rte m.l .f- >.,....:`pie. t..."'x� i �.Rw ai .;` .... � a.�'.4t:�. :i ....... `�. Figure 44.Site 50-10-27-30297 stone edged depression(view north). DRAFT — Report Type Pacific Project Area,Ahupua`a 'egacy C..-r District,Island I tt5toric Month 2012 57 Presery dnn ; -r 6.3 ISOLATED FINDS During the present survey, a small number of artifacts were encountered which were not directly associated with any documented archaeological site. Two of these artifacts were pre- Contact in age,while the remaining date from the late historic period. Both of the pre-Contact artifacts look to have been removed from their original context during the grubbing of the property conducted in the 1970s_ One was found in a bulldozer push pile,while the other was found under the floor of the existing house(Figure 45). The late historic artifacts were also found in the crawlspace under the house and appear to have belonged to Henry Palakiko Kamaka Kama. 6.3.1 Pre-Contact Artifacts Two pre-Contact artifacts were found within the 5.35 acre Kalaoa survey area. These consisted of a fragmentary polished basalt adze and a porous basalt polishing stone. Both appear to be removed from their original context. The polished basalt adze,the tang of which has been broken off near the shoulder,was found under the existing house structure. It was located on the ground surface,just in from the drip line of the southern wall,and immediately next to a crumbling historic grinding wheel. The location of the adze(as well as the lack of any other obvious pre-Contact cultural material in the area)suggests that the artifact was brought from elsewhere on the property and left under the house,along with the various other more recent objects collected there(see Section 6.1.1). Visible striations on the surface of the adze blade suggest that someone(in recent times)may have rubbed it over the grinding wheel to try and polish it. The surface of the break,as well as some chips on the blade of the adze, appear darker than the surface patina(and darker than a chip at the corner of the blade that may be the reason it was originally discarded). This difference in the patina of the stone might suggest that the adze was broken some time after it was initially discarded,possibly at the time it was found. It seems most likely that the adze was unearthed during the grubbing of the property and brought down to the house to be examined and then forgotten. The front surface of the adze is speckled with white paint from the painting of the house. The adze is quadrangular in cross section,tanged,and formed of dark gray basalt(Figure 46). It measures c. 14.5 centimeters in overall length. The artifact has been broken just to the rear of its shoulder and appears to be missing most of its tang. The full length of the intact adze would therefore have been longer,possibly by at least 5 centimeters. The adze is quadrangular in cross-section,with the width of the front surface being slightly greater than the width of the back surface (Figure 47). It is c. 6.1 centimeters in maximum width at the cutting edge (measurement taken on the front surface)and c.5 centimeters in width at the shoulder(also on the front surface). The back surface at the chin (bottom of the bevel)measures c.4.7 centimeters in width and the back surface at the shoulder measures c.4 centimeters in width. The front surface of the blade and the bevel are fully polished,while the sides show only patches of polish, and there is no visible polish on the front surface of the tang remnant. The chin thickness is c.4.4 centimeters and the approximate thickness at the shoulder is c.4 centimeters. The adze weighs 727 grams. DRAFT — Report Type �Pactf]C Project Area,Ahupua'a 115gacY District,Island Month 2012 58 "r 1 - r LEGEND Artifact n Archaeological Site Archaeological Site s �: �5 ASN ��♦ * '� Survey Area Boundary mott ., „ . • coy ; r a r w • y • 50 100 150 2J0 m Meters 1 _J reef 200 400 ;3 600 Figure 45.Locations of the two pre-Contact artifacts found in the survey area(base aerial from Google Earth,accessed 2015). DRAFT -- Report Type 'Pacific, Project Area,Ahupua'a .0 District,Island L Month 2012 59 PI sstoric r�serv.ion 0 f I k ‘*1 —, - -4-- ---,`' --,,,-- - , '''';-. — - ',,ice.. ..,azo'"tic" I 0 .; ., m `t. I Figure 46. Broken basalt adze found beneath the existing house (side view). c + �,;; w b ex§ r .... -.4 � x . -,.''-',-1.---- w t.+ 1. T Y C W: _ '•'Sita 1 ex Figure 47.Broken basalt adze found beneath theexisting house(back view). DRAFT — Report Type Project Area,Ahupua'a I'aalcic rmreati District,Island ' I iktunt. i Month 2012 �, ftn An adze of this size would most likely have been used as a general all purpose woodworking tool. It is too small to have been used to chop down trees,but could be used to shape wooden tools and for a range of other tasks. A much smaller polished basalt adze was found by the residents of the property located immediately to the north of the survey area(TMK(3)7-3-004:011) (Figure 48). It was found a few years ago toward the back of the property next to a mature kukui (candlenut,Aleurites nioluccana)tree. At the time the adze was found,the surrounding area was examined and nothing else was found (Ms.Wattle Green pers. comm. April 2015). An adze of this size would most likely have been used for finer cutting and woodworking(Figure 49). The presence of both of these cutting tools on the Grant 1609 property indicates that the area was the site of human activity during the pre-Contact period. Further evidence of this was provided by the discovery of a vesicular basalt abrader in a bulldozer push pile close to the opening of the Site 50-10-27-30295 lava tube(Figure 45). The artifact was found on the northern edge of the push pile,which is located just north of the tube opening(Figure 50). The abrader is oval in plan and formed of a vesicular basalt cobble. Its upper surface is rounded so as to be easily gripped by the hand (Figure 51),while its lower working surface is ground flat(Figure 52 and Figure 53). The artifact measures approximately 9.5 centimeters in length, c.8 centimeters in width and c.5.5 centimeters thick. It most likely would have been used for the rough sanding and polishing of wooden objects. DRAFT— Report Type Pacific Project Area,Ahupua'a Legacy. 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DRAFT — Report Type (Pacific Project Area,Ahupua`a Icgacy District,Island m{ rx Month 2012 64 t i'z r.}m 6.2.2 Historic Artifacts Among the various items stored beneath the present house was a box of iron horse shoes and various items of horse tack. The shoes varied somewhat in size and shape(Figure 54). Some were more rounded (having the common shape for horse shoes),while others were more U- shaped. A few of the narrower shoes were also noticeably smaller in size. The narrower and smaller shoes were most likely used for donkeys and mules,whose hoofs can be smaller and more elongated than those of horses. A total of 95 mule shoes were recovered from under the house. Other items of horse tack found beneath the house included a snaffle bit(Figure 55), six curb bits (Figure 56, Figure 57,and Figure 58),an iron stirrup (Figure 59),a wood and iron stirrup (Figure 60),and an iron spur,which was missing its rowel(Figure 61). These objects were examined by Dr. Billy Bergin,former President of the Paniolo Preservation Society and an expert on the history of the Hawaiian cowboy(paniolo). He noted that the tack could date anywhere from the 1920s to the 1970s and that it was definitely the equipment of a working paniolo(pers.comm. Dr. Billy Bergin April 2015). It is likely that, as with the other material found under the house,this set of tack was stored there and eventually forgotten. In discussions with Bryon Freitas,he recalled that his step grandfather, Henry Palikiko Kamaka Kama,had a horse in the late 1960's which he used for transportation. Mr.Freitas indicated that his step grandfather never drove,but always rode or walked wherever he needed to go. His paternal grandfather(Manuel Freitas)was a foreman for W. H. Greenwell Ranch in the mid 1960s. Mr. Freitas felt that his grandfather would most likely have given the tack found under the house to his son's (Robert Freitas Sr.)father in law,or possibly directly to his son (pers. comm. Bryon Freitas May 2015). Dr. Bergin has indicated that Manuel Freitas worked at Palani Ranch and had a home in Holualoa. He thinks it more likely,however,that the tack and shoes belonged to Henry Palikiko Kamaka Kama("Palakiko") whom he described as"a stately,elder paniolo who would ride his mule to Kailua until the late 60s" (pers.comm. Dr. Billy Bergin May 2015). Given the presence of mule shoes,he feels that the gear would probably have belonged to Henry Palikiko Kamaka Kama. As Dr. Bergin explained,"Manuel Freitas was a conventional horseman,not one to ride mules or donkeys" (pers. comm. Dr. Billy Bergin May 2015). That might better explain the tack,including mule shoes,being tucked away for safe keeping under the Kamaka Kama house. Another interesting historic artifact found beneath the house,in close proximity to the horse tack,is a pair of cast iron tongs (Figure 62). An examination of these tongs revealed that a floral pattern had been incised on the inner surface of the two circular plates. Research indicates that the object is a wrought iron communion wafer press, also known as a wafer iron. Such implements were used to mak church communion wafers. They possessed long handles so that they could be held over a fire to bake the communion wafer.The metal clasp at the end of the handle was to help hold the iron pressed flat. The pattern incised into the metal on the inside of the iron would have left a raised design on the surface of the wafer. The Kamaka Kama family,like many residents of North Kona,belonged to the Mauna Ziona Congregational Church and many of the family are buried there. 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A A: ft:, ,.%,.i.,,: J f, Ji lM1 47 r y '••••',.2, ,',, '., , . ,',.:".,,,,,,' ; ., ,',,;.,, .,,,...2, :,.,.•,....,' .' ° • ,...,,, , ' U 4 4 g nI N 1 4 N 7.0 TEST EXCAVATION An additional component of the archaeological inventory survey was the testing of a small stone platform within the project area to determine whether it represented a burial monument. This platform is located within and forms part of the garden area situated just niauka of the present house structure(for a detailed description of the feature see Section 6.1.3). It rests at the nzauka edge of the garden,abutting the interior of the encircling boundary wall. Given its location,the feature appears to form part of the garden complex. It bears a rough resemblance, however,to historic burial monuments documented elsewhere in the North Kona district. For this reason,it was determined that the structure should be tested to insure that it did not contain a burial. A plan view map was first drawn of the platform(Figure 64). A string was then run across the center of the structure,bisecting it from north to south, and the stones forming the western half of the feature were removed(Figure 65). The platform was found to be constructed of loosely piled small to medium subangular basalt boulders. It was built directly atop a pahoehoe lava bedrock outcrop (Figure 66). There was no evidence of any voids or chambers within the matrix of the structure. A small amount of sediment was encountered within the spaces between the stones and between the base stones and the outcrop. This sediment appears to have sifted in from above following the construction of the platform. No human remains were observed, and no other evidence of the structure's use as a burial monument was found. It appears that,as first suspected,the stone platform formed a feature of the garden and dates to the 1950s or 1960s. DRAFT — Report Type Pacific Project Area,Ahupua'a Legacy District,Island Month 2012 72 1i �� 1 0 m c • ar k IN ,` I+ -\� `may`./ `.�, \ �`• „� _ l _ �c N V ,O In C o` ir if -, I _ O rd �� -. .—� 11 1 •V i �. CJ et CU cj __ T, � _31 :- ! - � a � a • i `; j , v c n, .0 4 ;' 3 I, l % -_____T— v I i i t 1 o {i i 1�`� — __ — -- as t R+so cu 14 the et Um di T x'`• 14 _/ A • CLp, Z UQ tan 4- 7Ii o m e H y 40 wV r ,. crn t ,f } VI _ I �, 1 '' 1 .4, *Lic x , ' , ' Y r t, ,.. r . #4.•••,,a -0.'•'. "q, • _ Ai, .. ‘P _ . ,,.,;,., ., r ., .,...,4 . ,,,,,„ .. 04t--. �.,. - .-- , ..,. _. ✓. - „fes' - q - t „,,- .,- ,I...,,,,,-T -. , ..,1/4 g - x - _ - ,A,‘ ----, ” AI i s, s4 y Oho t.." r. e tt 3 •-•,_.--,-1. a 1y� r 'k'" r ;.w, s'"~ , --,,,z. .qg� , Y - ; ' fir' '' ,r - > nF u� "moi ,� ti. _ 4. h.. t A::, t Y a_r .-:-n, s s. 6N "e •. I ry �`..� M ! 'Vt{,�,. _ W. F ` +F Y ice` -�"• •`.e 1, K# 2 .,._ -,, ,,,,,..„.,--,....„1,,..4r...,... .. ...,..,4.elev.„-,... ,, ,f ,, 0, .. yam`./ �� .,.�; �f. £�,fY, ,' �A',� ,_,,,,,,t, /,,,4„,„, `�y_ •R,�.. r�. �, , i ,,,,6,--, ----";,..:Nli, '1, 2, , *4 i / i • ' , .43; Figure 65. Stone platform in the garden area before excavation (view east). its r � 1141„,,, .. — L rl 't. �., s 1 s . a vt,3t �+.'" "I .es'. 41 3 J dX t L- i yt-- q IS ' • g N -�' '�'� � ��y ' � N moi'. r. : .1 ♦ � xr. x - U. ,- g , r _ ?t 11 kt: - , T z-,,,, itaw,-.,.. v T—' r ti. _ ,.rte+- �+' 4 Figure 66. Stone platform in the garden area after excavation (view east). Legacy DRAFT — Report Type Pacific Project Area,Ahupua`a District,Island Month 2012 74 Pn^ rc ars ni. 8.0 SIGNIFICANCE AND RECOMMENDED TREATMENTS 8.1 HISTORIC SIGNIFICANCE The State of Hawaii has developed a system of evaluating significance of historic properties under Hawaii Administrative Rules(HAR). HAR§13-284-6. This system is patterned after Federal Regulations 36 CFR§60.4 and is meant to provide a framework for the evaluation of significance. To be significant, a historic property shall possess integrity of location, design, setting,materials,workmanship,feeling, and association and shall meet one or more of the following criterion: (1) Criterion"a".Be associated with events that have made an important contribution to the broad patterns of our history; (2) Criterion"b".Be associated with the lives of persons important in our past; (3) Criterion"c".Embody the distinctive characteristics of a type,period, or method of construction;represent the work of a master;or possess high artistic value; (4) Criterion"d".Have yielded,or is likely to yield,information important for research on prehistory or history;or (5) Criterion"e".Have an important value to the native Hawaiian people or to another ethnic group of the state due to associations with cultural practices once carried out,or still carried out,at the property or due to associations with traditional beliefs,events or oral accounts--these associations being important to the group's history and cultural identity. 8.2 ASSESSED SIGNIFICANCE OF PROJECT AREA SITES The historic sites identified during the present survey have been evaluated as to their historic significance based upon one or more of the National Register of Historic Places listing criteria as defined in 36 CFR§60.4 and Hawaii Revised Statute§13-275-6. The three historic properties documented were found to be significant solely for the information they contain. In the case of Sites 30296 and 30297 that information has been adequately documented during the current archaeological survey. 8.3 RECOMMENDED TREATMENTS DRAFT — Report Type Pacific Project Area,Ahupua'a LegaC) District,Island Month 2012 75 n.c4 n'aciun The usual categories of treatment recommended for archaeological sites include the following: No Further Work: When a site is determined significant solely for its informational content and that information has been adequately documented during the present archaeological inventory survey,no further work is suggested. Data Recovery: Data recovery is recommended when a site is deemed significant solely for its informational content,but when the documentation of that content requires more detailed investigation than included within the scope of the archaeological inventory survey. Data recovery investigations often involve subsurface excavation,and are likely to uncover additional information (in the form of internal features,subsurface artifacts, midden,and other cultural remains)not documented during the inventory survey. Preservation: This category involves the preservation of a site and its features,either in part or in their entirety. It is most often applied to sites which have been determined to be significant for more than simply their informational content (that have been assessed as significant under criteria A, C or Ej. Of the three archaeological sites documented within the 5.35 acre Kalaoa survey parcel, No Further Work is recommended for two of the sites, and one is being recommended for Preservation. For Sites 50-10-27-30296 and 30297,the detailed recording undertaken during the present archaeological surveys has been sufficient to record all of the information these sites are likely to yield. Both sites appear to represent badly disturb remnants of larger sites. These two sites have little or no excavation potential. Regretfully,the Site 30297 modified depression possesses no internal deposit of sediment that could yield soil samples suitable for pollen, phytolith and starch analysis,which might identify the cultigens grown within it. For the reasons mentioned above,both sites are recommended for No Further Work The Site 50-10-27-30295 modified lava tube is recommended for Preservation. It rests on the southern edge of the property and can easily be avoided during development of the parcel. Its internal modifications date to at least the 1950s,and possibly much earlier. The site may have been used as a temporary shelter during the Pre-Contact period. DRAFT— Report Type [Pacific] Project Area,Ahupua'a Legacy District,Island Month 2012 76 r> r;•acurr., 9.0 SUMMARY AND RECOMMENDATIONS 9.1 SUMMARY Although the majority of the 5.35 acre Kalaoa survey area was bulldozed during the 1970s, those artifacts and remnant archaeological features documented by the present survey can tell us something of the area's past history and its former land use. The discovery of two traditional artifacts,a polished basalt adze and a vesicular basalt abrader,indicate that there was a native Hawaiian presence in the area during the pre-Contact period. Though these objects have been removed from their original context,they suggest some of the activities that took place within the survey area or in the immediate vicinity. Most likely,the land,which rests within the apa`a zone of upland cultivation,was planted in dryland kalo(taro,Colocasia esculenta)and other crops such as uala(sweet potato,Ipomoea batatas),kb(sugar cane, Sacchrarum officinarum) or naai`a (banana). Further evidence of this is suggested by the presence of the Site 50-10-27-30297 modified depression,which strongly resembles traditional planting features found elsewhere in the uplands of North Kona. Since only a badly disturbed remnant of the Site 50-10-27-30296 wall segment has survived, it is not clear whether this site originally formed part of a traditional agricultural field wall or a later historic boundary wall. Given its proximity to the traditional upland trail that later became the alanui aupuni(the Old Mauka Government Road),it is possible that the survey area may also have contained one or more habitation sites. These sites would have served as temporary or permanent residences for the upland farmers cultivating the surrounding lands. The Site 50-10-27-30295 modified lava tube may have been utilized as a temporary shelter during the Pre-Contact period,though there is no direct evidence of this (the cave was certainly used/reused during the later historic period). The use of the survey area for the cultivation of crops appears to have continued into and through the historic period, as attested to by the photograph of dryland kalo on the land at the time it was owned by Jacob Palakiko Kamaka Kama(see Section 3.2.7). In the 1950s,the project parcel became the residence of Henry Palakiko Kamaka Kama and his descendants. 10.2 RECOMMENDATIONS One of the purposes of this report is to assist Mr.Thomas Whittemore in planning for the development of his Kalaoa property. The report provides detailed information on the location, character and relative significance of the archaeological remains present within the 5.35 acre survey parcel. It should not,however,be considered an exhaustive document. The present program of site recording and test excavation was undertaken to gather information about the sites,not to mitigate any adverse impacts to these archaeological remains. As has been noted in Section 8.3,the Site 50-10-27-30296 wall segment and the Site 50-10-27- DRAFT— Report Type pacific Project Area,Ahupua'a Legacy District,Island Month 2012 77 lit{C3; :xr,•a3ao) Prc 30297 modified depression have not been recommended for any further work and therefore do not require any additional mitigation measures. However,since the Site 50-10-27-30295 modified lava tube has been recommended for preservation, it will be necessary,prior to the initiation of any ground disturbing activities within the project area,for a Historic Preservation Plan to be prepared. This Plan is intended to anticipate and suggest mitigation measures that will adequately address any potential adverse impacts of development upon that site. Prior to the development of the Kalaoa property,a Historic Preservation Plan will need to be prepared for Site 30295. This Plan must satisfy the requirements of Hawai`i Administrative Rules Chapter 13-277(HAR§13-277, Rules Governing Requirements for Archaeological Site Preservation and Development). HAR§13-277 outlines the components required for a Historic Preservation Plan as prepared pursuant to chapter 13-275. Given the limited development that will take place within the parcel,and the fact that only a single site has been designated for preservation,this plan can be a relatively simple document prepared by the land owner and submitted by him to the State Historic Preservation Division. The Preservation Plan should describe the site to be preserved,identify the type of preservation intended, and should address in detail the interim and long term protective measures to be put in place to protect it. HAR§13-277-3(1)lists the types of preservation that can be implemented including, "avoidance and protection (conservation),stabilization,rehabilitation, restoration,reconstruction, interpretation, or appropriate cultural use." In the case of Site 30295,avoidance and protection are recommended. There is no current need for stabilisation or reconstruction of the site. Given that the site is located on a private residence, interpretation is not being recommended. Protective measures to be implemented should include the establishment of an adequate buffer zone around the site. Interim protective measures to be employed during construction activities might include the erection of protective orange construction fence around the boundaries of the buffer zone during the use of heavy equipment on the property. Long term preservation may simply involve avoidance of the site. DRAFT— Report Type Pacific Project Area,Ahupua'a Leer District,Island Month 2012 78 10.0 REFERENCES Allen, Melinda S. (ed.) 2001 Gardens of Lono:Archaeological Investigations at the Amy B.H. Greenwell Ethnobotanical Garden,Kealakelaca,Hawai`i. Bishop Museum Press, Honolulu. Barrera,William 1992 Kalaoa, North Kona,Hawaii Island:Archaeological Inventory Survey for the Church of Jesus Christ of Latter Day Saints LTMK 7-3-03:8]. Report prepared by Chiniago,Inc. for the Church of Jesus Christ of Latter Day Saints. Copy on file at the State Historic Preservation Division library Hilo. Clark, Matthew and Robert Rechtman 2006 An Archaeological Inventory Survey of TMK:3-7-3-002:022, Kalaoa 1St Ahupua'a,North Kona District,Island of Hawai`i. Report prepared by Rechtman Consulting,LLC.for Mooers Enterprises,LLC. Copy on file at the State Historic Preservation Division library Hilo. Clark, Matthew,Amy Kasberg and Robert Rechtman 2004 An Archaeological Inventory Survey of TMKs:3-7-3-2:09, Kalaoa 2nd Ahupua'a, North Kona District,Island of Hawai`i. Report prepared by Rechtman Consulting, LLC.for Mooers Enterprises,LLC. Copy on file at the State Historic Preservation Division library Hilo. Cordy, Ross,Joseph Tainter, Robert Renger, and Robert Hitchcock 1991 An Ahupua'a Study::The 1971 Archaeological Work at Kaloko Ahupua`a, North Kona,Hawai`i: Archaeology at Kaloko-Honokohau National Historic Park. Western Archaeological and Conservation Center Publications in Anthropology No. 58, National Park Service,U. S. Department of the Interior. Ellis,William 1963 Journal of William Ellis:Narrative of a Tour of Hawaii, or Owhyhee;with Remarks on the History, Traditions,Manners, Customs and Language of the Inhabitants of the Sandwich Islands.The Advertiser Publishing Co., Ltd.,Honolulu. Emerson,Joseph Swift ms. Field Notebooks of J. S. Emerson,Government surveyor. Emerson's field notebooks are presently held at the Hawaii State Survey Office, Honolulu. Emerson,Joseph Swift 1882 Letter to W. D.Alexander,Surveyor General, May 21,1882. Housed in the Hawai`i State Archives-DAGS 6,Box 1. Enabling Act n.d. The text of the Enabling Act is preserved in the Hawaii State Archives,Series DLNR 2-4. DRAFT— Report Type Pacific Project Area,Ahupua'a Legacy District,Island 3i t,nt Month 2012 79 r`„""ation Foreign Register n.d. The register of land claims, chiefly in English,of non-native born residents made during the Mahele `Rina. The books of Foreign Register are preserved in the Hawaii State Archives where they are accessible on microfilm,and can also be found online at 1-ittp:;`.% .av akenL hikI.orq/hehvaii-Iand-documents.htmt or l�ttp:%/wjy.vy papakilodatabase.com. Foreign Testimony 1846-62 Testimony on land claims, chiefly in English, of both native and foreign-born residents made during the Mahele `Aina. The books of Foreign Testimony are preserved in the Hawaii State Archives where they are accessible on microfilm,and can also be found online at http://;vww.avakonobi ki.ogiliawv aii-land-documen ts.html or http:/ wvvwv.papakilodatabase.com. Giambelluca,T.W., M.A.Nullet and T.A. Schroeder 1986 Hawaii Rainfall Atlas, Report R76, Hawaii Division of Water and Land Development, Department of Land and Natural Resources, Honolulu. Haun and Henry 2001 Archaeological Inventory Survey TMK:3-7-3-05:4, Lot 54A,Land of'O'oma 1, North Kona District,Island of Hawaii. Report prepared by Haun&Associates, Inc.for THY Development, Inc. Copy on file at the State Historic Preservation Division library Hilo. Indices of Awards 1929 Indices of Awards Made by the Board of Land Commissioners to Quiet Land Titles in the Hawaiian Islands. Territory of Hawaii,Star Bulletin Press, Honolulu. Kelly, Marion 1983 Na Mala 0 Kona:Gardens of Kona.A History of Land Use in Kona, Hawai`i. Departmental Report Series 83-2. Department of Anthropology, Bernice P. Bishop Museum, Honolulu. Kirch, Patrick V. 1985 Feathered Gods and Fishhooks:An Introduction to Hawaiian Archaeology and Prehistory. University of Hawaii Press, Honolulu. Land Commission Awards (LCA) 1836-55 The Land Commission Awards are individual kuleana claims awarded during the Mahele'Aina. They are preserved in the Hawaii State Archives,where they are accessible on microfilm, and can also be found online at http: `1 th .a\akono111hi,or .ha ail-land-documents.htn- or http: V\ 4 "t .1 a pakilodata�t e c T Mahele Book 1848 The Buke Kakau Pan no ka mahele aina i Hooholoia i waena o Kamehameha III a me Na Lii a me na Konohiki ana,commonly referred to as the Mahele Book,records the division of lands DRAFT— Report Type Pacific Project Area,Ahupua'a Legacy District,Island Month 2012 80 R-uN:rsm.m that commenced on January 28, 1848 and ended on March 7, 1848 between Kamehameha III,the chiefs,and the konohiki. The Mahele Book is preserved in the Hawaii State Archives where it is accessible on microfilm. It is also available online at Itti}f ",'\` •tii a :, iIt iil kI.t71. 1nS t:ii I ili -t It I1t11.=:.1t .hU'i 1. Maly, Kepa 1994 Historical Documentary Research,Appendix A in Archaeological Inventory Survey, Sites 19762 and 19763, Queen Lili`uokalani Trust, Keahuolu Lands, Land of Keahuolu, North Kona District, Island of Hawai`i. Paul H.Rosendahl,Ph.D.,Inc. Submitted to Queen Lili`uokalani Trust. Copies of this report are on file at the State Historic Preservation Division Libraries in Hilo and Kapolei. Maly, Kepa and Onaona Maly 2007 Makalawena:Ma Kekaha Wai'Ole 0 Na Kona,Hawai`i:A Collection of Traditions and Historical Accounts of Makalawena in the Kekaha Region of Kona,Hawaii. Kumu Pono Associates.Submitted to Belt Collins Hawaii and the Kamehameha Schools. Malo,David 1951 Hawaiian Antiquities(Mo`olelo Hawai`i). Translated by Nathaniel B. Emerson. Bishop Museum Special Publication 2,Honolulu, Bishop Museum Press. Native Register 1846-48 The register of land claims,chiefly in Hawaiian, of native born residents made during the Mahele`Aina. The books of Native Register are preserved in the Hawaii State Archives where they are accessible on microfilm,and can also be found online at I1ttp:/:vvvv w.avakonohild.org/hav,,aii-lanci-documents.html or htt!':,' ;`'v`, w\\ .papakilodatabase.com. Native Testimony 1844-54 The Buke Hoike,commonly referred to as Native Testimony,which includes testimony on land claims,chiefly in Hawaiian,of both native and foreign-born residents made during the Mahele `Aina. The books of Native Testimony are preserved in the Hawai`i State Archives where they are accessible on microfilm, and can also be found online at http:/1 \v.avakonohildorg/hawaii-land-documents.html or h1 p %t' h ap kilo alcll+ase c m. Pukui,Mary Kawena,Samuel Elbert 1971 Hawaiian Dictionary. University of Hawaii Press. Honolulu. Pukui,Mary Kawena,Samuel Elbert and Esther Mookini 1974 Place Names of Hawaii. University of Hawaii Press. Honolulu. Sato, H. H.,W. Ikeda, R. Paeth,R.Smythe,M. M.Takehiro,Jr. 1973 Soil Survey of the Island of Hawai`i. U.S. Department of Agriculture Soil Conservation Service. Washington D.C.Government Printing Office. DRAFT— Report Type Pacific Project Area,Ahupua'a legacy District,Island Month 2012 81 Schilt, Rose 1984 Subsistence and Conflict in Kona,Hawaii:An Archaeological Study of the Kuakini Highway Realignment Corridor. Department of Anthropology, Bernice Pauahi Bishop Museum, Report 84-1. Schmitt, Robert C. 1968 Demographic Statistics of Hawai`i: 1778-1965.University of Hawaii Press,Honolulu. Soehren, L.J. and T. S. Newman 1968 The Archaeology of Kealakekua Bay. Special Report by the Departments of Anthropology Bernice P. Bishop Museum and University of Hawaii, Honolulu. Thurston,A. G. 1852 Letter on behalf of the Minister of the Interior Keoni Ana to J. Fuller,Government Land Agent in Kona, February 23, 1852. On file in the State of Hawaii Archives, Interior Department Letter Book 3:210-211. Wilkes, Charles 1845 Narrative of the United States Exploring Expedition...1838-1842. 5 Volumes. Philadelphia, Lea&Blanchard. Wiltse S.C. (Hawaii Government Surveyor and Land Agent) 1865 Letter to F. W. Hutchinson, Minister of the Interior, Kona Hawaii. Government Lands in this District not Sold; also those Sold and Not Patented,September 5, 1865. On file in the State of Hawaii Archives, Interior Department Lands File. Maps Awana, T.Y. 1952 "Hawaii Territory Survey, T. Y. Awana Surveyor, Kailua.Section, North Kona,Hawaii, Scale: 1 inch=2000 feet,Survey and Map by J. S. Emerson,Traced from Reg. Map 1280 By Herman K. Aid-Aug. 1952." Registered Map No. 1280. A copy of this map is on file at the Hawaii State Survey Office. Emerson,Joseph Swift 1888 "Akahipuu Section, N. Kona Hawaii,Scale 1000 feet to an inch,J. S. Emerson Surveyor, Sept 1888." Registered Map No. 1449. A copy of this map is on file at the Hawaii State Survey Office. United State Geological Survey 1928 "Keahole Point Quad." United State Geological Survey topographic map for 1928. Wolfe, E. W. and J. Morris 1996 Geologic Map of the Island of Hawaii. United States Geological Service Miscellaneous Investigations Series. Department of the Interior,Washington, D.C. DRAFT — Report Type 'Pacific' Project Area,Ahupua'a Legacy District,Island Month 2012 82 APPENDIX A Hawai`i State Historic Preservation Section 6E-42 Historic Preservation Review Letter DRAFT — Report Type Pacific Project Area,Ahupua'a iegacy District,Island f Month 2012 83 Pr,"r`""" cAkrt5.CHANG DAYIDS.!GE <<"''44;--. ma1; A111Ar1D.111,MMAn1.11.11 lnn oovaNcvo HAWAII :4T •¶1 i9• 7 c A+>m�x 011121 xE1(A1<iuMlxalFNT 1111aac1t Bund+11,40,. vfILLIAMMnn-rmanc TAM 111410111101111 111311.111111 ,,& ' aSS rr►x' rmAosmr cm11,10.I®aMRALIAMA C011131,131.1.16,101.41111 micactaaler STATE OF HAWAII110.1131041 rottaraxtus ;�11 1111 411 ala„R DEPARTMENT OF LAND AND NATURAL RESOURCES 6A100,Mr WAND 11111111016111 wa a:Ax+AIM5 STATE HISTORIC PRESFRVATJON DIVISION KAKUHSHEWA BUILDING SDI XAk1DXJLA BLVD,STE 555 DATE: January 13,2015 LOG: 2015.00133 DOC: 1501AB29 TO: Tont Whittemore-via email Tom.WhiuemoreCahawaiiantel.net SUBJECT: Section 6E42 Historic Preservation Review Project:Demolition-Single Family Dwelling Owner Name:Tom&Lucinda Whittemore Building Permit:None Submitted Addtesm 73-4347 Old Government Menke Road-Kalaoa Tax Map Key:(3)7-3-004:012 Date Received by SHPD:January 12,2015 Description of Project/Undertaking:Demolition of the existing single family dwelling. Area of Potential Effect(APE):Parcel Eligibility:The dwelling has been altered several times and is not eligible for the State or National Registers of Historic Places. Documentation Received:6E Submittal Form,photos and plans SHPD Determination:No histaric property affected based on the information provided. Any questions or concerns should be addressed to Anna Braverman,SHPD Architectural Historian at(808)692- 8028 or at Anna.E.Broverman@hawaii.gov. AI an Downer Deputy State Historic Preservation Officer In the event that historic resources,including human skeletal remains,cultural layers,cultural deposits,features, artifacts,or sinkholes,lava tubes or lava blisters/bubbles are identified during construction activities,all work should cease in the immediate vicinity of the find,the find should be protected from additional disturbance,and the State Historic Preservation Division should be contacted immediately at(808)692-8015. DRAFT — Report Type Pacific Project Area,Ahupua'a Legacy District,Island Month 2012 84 `' V r' APPENDIX B Site Attributes DRAFT— Report Type Pacific Project Area,Ahupua'a Legac District,Island I liq=zc Month 2012 85 r t scnitior: (� \\ a iiIit V o o C V2411< } • \ ± b } 2 -0 ° 7a, 417 _ a c 0 0 0 -rt,. a @ a) ) 0 } 2 2 2 / a)ul a) ( / 0 0 0 \ C e m °2\ z ) } \/\\ 7 1 > \ UI § G0 0 0 o 2' m } k } •o § m e ? 3 j o a) »\ \ R z z / • \ j = ) k { /\ a ? « m \ e = CR o ) / oE 8 8 �\ _ is, : & & 4 \ 7-4Q � // 7 / $ f7m e / I ° & / § § § R - fi . § N ) 0 @ \ / § \ / \ 3 Q / 2 APPENDIX C Site Coordinates DRAFT — Report Type Pacific Project Area,Ahugua`a I 'vaCY District,Island 11_ , . Month 2012 87 rr` mon 00 m o n to c 0 N ot 0CO (N N p1 Cr; h -i OD:._ ) N C C 00 lD N N 0 0 q 00 CO CO A:... 00 CO CO w C c m "7:1 , c w C R 4., O `... W w > V C.i 0 C a) +-D N 0 O = '7(�1 C V O-. t. O •00 A. = 00 Q U U Y • 0 f0C .Q:: W 0) U YL..'. i U U 41 O c c d d co C o x C - O O 'co o (0 t.) LL a L a. m # I- • > c O J E ti0 O `. 7 W 47 0) a fl � O (0= C O 12 o yr z o T o ' N N N E..y V O O O tz. U - Q .� 6 6 6 C m 5 v STATE OF HAWAII .,s a' M,,,, BUREAU OF CONVEYANCES ' ° ' RECORDED A 41 . January 8, 2014 8:02 AM 4 t _ Doc No(s)A-51210515 111111111111111111111111 Is!NICKI ANN THOMPSON REGISTRAR 4 1 1!1 KEO S-32399696 LAND COURT REGULAR SYSTEM Return by Mail (x) Pickup( ) To: WATER BOARD OF THE COUNTY OF HAW AI`I 345 Kekuanao`a Street,Suite 20 Hilo,Hawai`i.96720 TITLE OF DOCUMENT: ELEVATION AGREEMENT PARTIES TO DOCUMENT: OWNER: BRYON N.FREITAS,Successor Trustee of THE ROBERT FREITAS,SR. REVOCABLE LIVING TRUST dated April 14,2007,whose mailing address is P.O.Box 282,Kailua-Kona,Hawaii 96745. DEPARTMENT: DEPARTMENT OF WATER SUPPLY OF THE COUNTY OF HAWAII, whose principal place of business and mailing address is 345 Kekuanao`a Street, Suite 20,Hilo,Hawai`i 96720 PROPERTY DESCRIPTION: All of that certain parcel of land situate at Kalaoa, North Kona, Island, County and State of Hawaii,containing an area of 5.355 acres and bearing Tax Map Key(3)7-3-004:012. Affects Tax Map Key: (3) 7-3-004:012 This document contains 13 pages EXIIthIT B ELEVATION AGREEMENT THIS AGREEMENT made this 2nd day of December ,2013 pursuant to Rule 3, Section 3-3,of the Rules and Regulations of the Department of Water Supply, between the DEPARTMENT OF WATER SUPPLY OF THE.COUNTY OF HAWAII,whose principal place of business and mailing address is 345 Keku`anao`a Street,Suite 20,Hilo,Hawai`i 96720,hereinafter called the DEPARTMENT,and BRYON N.FREITAS, Successor Trustee of THE ROBERT FREITAS, SR. REVOCABLE LIVING TRUST dated April 14,2007,whose mailing address is P.O. Box 282,Kailua-Kona,Hawaii 96745hereinafter called the OWNER for himself and on behalf his heirs,successors,executors, administrators and assigns and each of them. WITNESSETH WHEREAS, the OWNER of that certain parcel of land designated as Tax Map Key:(3)7-3- 004:012,more particularly described by DEED dated the 14th day of April,2007 and recorded in the Bureau of Conveyances of the State of Hawaii on May 8th, 2007 and filed as Document No.2007.- 082738 007..082738 a copy of which is attached as Exhibit A,desires a connection to the public water system pursuant to the conditions of Rule 3,Section 3-3,of the Rules and Regulations of the Department. NOW,THEREFORE, in consideration of the DEPARTMENT granting such water connection pursuant to Rule 3, Section 3-3, of the Rules and Regulations of the DEPARTMENT,the OWNER agrees as follows: 2 1. DEPARTMENT shall not be responsible for any inadequate water pressure or dependable water supply to said property. 2. DEPARTMENT and its officers,agents and employees shall be held harmless from and free of all claims and liabilities resulting from,caused by or arising out of any harm or damages connected with the inadequate water service,including but not limited to inadequate water pressure and/or water supply to said property. 3. The OWNER shall indemnify and defend the DEPARTMENT,its officers, agents and employees from and against all loses,damages,costs,expenses,attorney's fees and other sums which the DEPARTMENT may incur,pay or be obligated to pay on account of any demand,claim or suit for any loss of or damage to property,property right or injury to - any person,arising out of,caused by or in any way connected with the inadequate water service,including but not limited to inadequate water pressure and/or water supply,to the above-described property,whether attributable to the fault,failure or negligence of the DEPARTMENT or any other fault,failure or negligence. 4. OWNER agrees to accept such water service as the DEPARTMENT is able to render and said OWNER agrees to construct,ct,if necessary,and maintain at his/her expense a tank and pump of suitable design and of sufficient capacity to furnish a supply of water at such times as the pressure in the water main may be insufficient to supply said property with water. 5. OWNER agrees to all other conditions as set forth in Rule 3, Section 3-3,Rules and Regulations of the Department. • 3 • , • The undersigned hereby further agrees that all the stipulations and provisions herein contained shall be binding upon his/her heirs,successors,administrators and assigns, and that this Agreement shall run with the land. The terms OWNER and OWNERS,as and when used herein, or any pronouns used in place thereof shall mean and include the masculine or feminine,the singular or plural number, individuals or corporations;and their and each of their respective successors,heirs,personal representatives and assigns,according to the context thereof. If this agreement is or shall be signed by two or more owners, all covenants of such parties shall for all purposes be joint and several. [The Remainder of This Page Was Intentionally Left Blank) • 4 • ' IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. DEPARTME Jk F WATER S 'PLY OF'THE C I, OF JL&WAI'I APPROVED AS TO FORM AND LEGALITY By Quinn.f tanio,dr:, Mana_ r-Chief Ex gineer Assistant Corporation Counsel County ofH.wai`i Date A. 0 (/ OWNER: BRYON N. FREITAS., Successor Trustee of the Robert Freitas Sr. Revocable Living Trust Dated April 14,2007 Bryon N.Freitas., Its Successor Trustee 5 • . , . , STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) s÷ On this Z_L day of before me appeared QUIRE%ANTONIO,JR.,to me personally laiown, who, being by me duly sworn, did say that he is the Manager-Chief Engineer of the Department of Water Supply of the County of Hawai‘i,and that the seal affixed to the foregoing instrument is the seal of said Department and that the instrument was signed and sealed in behalf of said Department by authority of the Water Board of the County of Hawai`i, and said QUIRINO ANTONIO JR.acknowledged said instrument to be the free act and deed of said Board. 01110 ka 14................ att"/ „..-i-A,Evs,A i•T‘ .. Icto).:.4k .41,1LnEs....06-4_its.....05.c. \iv • 4...--h._-.di 1-.."taii...i. 1,**Totary Public, State of Ha Fail' 4t0Print Name_ gar_9,..g.12)._ja,L...,...--i;fithibut My Commission ifirn Doc.Dole: /AA/LS #Pages: _ oltlifle / "Mine: CLEFrItilaalljzolif_. rsa-13L- arcult Doc.Description: fi-e...xrec1.t4n... 06-405 i ,E:'•- tcI2.!,_k-4'tIxu_ic •' .1*4-1: NOTARY CERTIFICATION '..i5'4IW Mli1111110 6 STATE OF HAWAI`T ) SS: COUNTY OF HAWAII } On this day of DiCGm b�' 20/___,;before me personally ed BRYAN N.FREITAS,Successor Trustee of THE ROBERT FREITAS, SR.REVOCABLE appear LIVING TRUST dated April 14,2007 to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed and as the free act and deed of said Trust. solottp..„,. i / / , e 111. •`'•,• Notary Public,State of Hawaii • Print Name , MA-AM- - .41 03 # r, My Commission Expire p 7� `ao/, s i Ai ',stator I Document Date: /�"34 /3 #Pages: �3 Notary Name: CHARMAINE E.GASPAR Third Circuit 0, .,t t. Doc. Description: E/ ite n • '- •Fi , IA =.:, , *S Notary Signature Date 4 Wil`,ft *=,H /psi Caao�s,- 7 * OP •,t- R-852 STATE OF HAWAII . 4- _ BUREAu OF CONVEYANCES s RECORDED• . . ,., • MAY 08, 2007 08:02 AM `+' i`y f . Doc No(s)2007.082738 �F1 � It 1! Ist CARL T.WATANABE 1111 1 REGISTRAR OF CONVEYANCES 20 1118 CONVEYANCE TAX:$0.00 LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION,RETURN BY Mail(X) Pickup( ) Nakamata,Okamato&Yamamoto 187 Kapiolani Street Hilo,Hawaii 96720 Order of Recording TITLE OF DOCUMENT: DEED PARTIES TO DOCUMENT: Grantor: ROBERT FREITAS, SR., widower Grantee: ROBERT FREITAS,SR,Trustee of THE ROBERT FREITAS, SR. REVOCABLE LIVING TRUST dated /,%� `7,0pwhose address is P.Q. Box 282,Kailua Korxa, Hawaii 745. • Affects: PAK(P)<3-5-16,7-3-4-12, This document contains 7-3-5-25,and 9-2-78-2 des_ - I 11, • DEED KNOW ALL MEN BY THESE PRESENTS: That ROBERT FREITAS, SR.,widower,whose address is P.O. Box 282,Kailua-Kona, Hawaii 96745,hereinafter called the Grantor,for and in consideration ofthe sum of ONE DOLLAR($I.00)to him in hand paid by ROBERT FREITAS; SR.,whose address is P.O. Box 282,Kailua-Kona,Hawaii 96745,Trustee of the Robert Freitas,Sr.Revocable Living Trust dated ' /#4q'1/c/ , as �',hereinafter called the Grantee,the receipt whereof is hereby acknowledged, has sold and by these presents does hereby bargain,sell,assign,convey and transfer unto the said Grantee,all of the property described in Exhibit A attached hereto and by reference made a pan hereof. TOGETHER with all and singular the improvements,tenements, rights,easements, privileges,hereditaments and_appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions,remainder and remainders,rents,issues and profits thereof. TO HAVE AND TO HOLD the same unto the said Grantee,his heirs and assigns and successors in trust,forever,for the uses and purposes set forth in said Robert Freitas,Sr.Revocable Living Trust,as the same now exists or as it may hereafter be amended,with full power in the Trustee to sell,convey,exchange,mortgage,lease,assign,hold,or otherwise deal with anddispose of the said property in accordance with the terms of said Robert Freitas,Sr. Revocable Living Trust. IN WITNESS WHEREOF,the said Grantor has hereunto set his hand on this day of ,2007. ...S.)......_ Pir ' *BERT FREITAS,SR. 2 ' • • - • — STATE OF HAWAII ss. COUNTY OF HAWAII ) On this daYyyes.eZ[___,2007,before me personaIly appeared ROBERT FREITAS,SR.,to known to be the person described in and who executed the foregoing instrument Inid acknowtedged to me that he executed the same as his free act and deed. 4111Kd'Ilr FPOK. islAICAMoza • S Notary Public Stare of flavisii My commission expires: 3 BXHIB1T A Parcel Firs: All of that oiortain *mixt•of load b� portion of Scant 2972 to pau acid Zoos situated on the southerly aide of Stena Palisade Unit 2. (File Plan 1061) at Nelsen 5th North Sana, Muesli, PARCEL A •and thus bounded and described at per r svrYay et 8ensiee Fa .Tflvl.I3„ Registered Professional Surveyor, of TavL11p MOMS &Associates,.Inn.: Beginning at tin Narthvest:.aarntr Of this parcel • of land being also the Sont#neest corner of Lot 160 . Kona Palisade tht t (Pile PlatE1061).the aootdtaatea • ai' said point of.beginning refereed to•Government � Survey angulation Statham 110,311111A1934°°" being•. 7°77045 feet South sod•13,124.56 feet West and • running-by azimutba measured claclagise from true south: E° . 280° 00' 246.48 feet sl.oagg_�Kana Palisade Unit 1. (Pile Plait 3.061); 2° 347° 49° 276,23 feet along remainder of Grant 2472 to KCaapau and 3. 72° 13° 229.34 feet;along remainder of Grant 2972 to Sampan and Kam4. 3.5?° 49° 391.66 foot;along•csaaiaader of Grant 297 to Raapau and Seas to the point- of be- ginning 76,222 and fe t or 1075 warm. • Together with an Easement twenty feet (20 ft.) wide for roadway and utility pax-poles deaar1Jed an follows: Beteg at that Northeast corner of this parcel . of land, being also the Northwest corner of Parcel.A and Sou ''net corner of Lot 160. gnu* Paiiaade Unit t (Fila Pians 1461), the coordinates of said point of be- ginning referred to ilovertent SureTriangulation Station ='M0AlWXABW' being-7770.35 sett South and 63.124.56 fest Heat.eod running by'azimuths.measured elontorise from faun Southt L. • 362° 9• • 391°68 feat Cram 72 to remainder qf Xtapa'a and Una;a. 72° 23' 20010 fest along stonewall along re aa#ades of Grant 2972 co Xaapan and Zama; 4 3. 167' 49.' 401.80 feet olceg remainder. of 'Grant 2972 to £iapau end tame; Jae 280e 00 21.60 foot elortg.Iona Palisade ;trait I .File Plan I.t 6tt) to the t area Of7.933 square feat* • Kesertring, however,. to Woke Land Cogigetion, at al., their sueceasors aid assigns the t to convey all or any part of the above describe esteem= to the State of Small..Covaty of Kemal. or ether .govet Ewe atal age p• and upon ewer noels conveyer:ea all rights of the Grantees. Isis hairs,. executors, a1L,f?tiat3rstors,_smcceesors and assigns hereunder to said easement so conveyed shell atsteeer les,tyr utero. Being the same parcel of land conveyed to the Grantors herein by that certain Warranty Deed dated February 26, 1971 and recorded in the Bureau of Conveyances,State of Hawaii in Liber 7472 at Page 337. Parcel Second All of that certain parcel of land situate at Kalaoa,North Kona,Island,County and State of Hawaii,containing an area of 5.355 acres and bearing Tax Map Key 7-3-04-12. Being the same parcel of land conveyed to the Grantors herein by Warranty Deed dated September 24, 1981 and recorded in the Bureau of Conveyances,State of Hawaii in Liber 15850 at Page 716. Parcel Third All of that certain parcel of land situate at Kalaoa 5,District of North Kona,County and State of Hawaii,being a portion of Grant 2972,containing an area of 0.401 acre,more or less, and bearing by Tax Map Key 7-3-05-25. Being the same parcel of land conveyed to the Grantors herein by that certain Quitclaim Deed dated December 30, 1970 and recorded in the Bureau of Conveyances,State of Hawaii in Liber 7365 at Page 281. • i 5 1 •• i . • Parcel Fain Ali of those certain parcels of lend aituata at Rehnku, Kau, Xeland, County. and State of Hawaii. described as follawas Loc 28, area .43,574 actuate feet, in Block 75, as delineated on the map entitles! -HAWAXIAM OCEAN VIEW ESTATES'. which said map was filed in the Bureau of Conveyances of the Grata of Haaaai as Pile Plan No. 738. • TOO TMBR WXTH an .undivided i/ll,SOUth few simple interact in and to all roadways located within. the above- mentioned 8ubdiviaion, together with. a perpetualnon-exolusive easement-of-way in common with all other owners from time to time of land. therein, in, over, under and across all of° said roadways, for ail ingress, egress and utility pet-popes; pRouTDED. HOVEVRR, in the event it shall at any future. time be deemed desirable by the .CONlr1TTBE having' control of the *cad maintenance Barrow rood heretofore established to convey the said roadways or any portion of these to arty proper governmental authority which Abell,. undertake the maintenance of Said raadueya, the ownership and easements herein set forth shall.' to the extent necessary, be forthwith terminated, . and the 'said Grantee herein does hereby irrevocably appoint said commit-rem and its suceeesore his attorney-in-fact to make much • conveyances. Being the same parcel of land conveyed to the Grantors herein by that certain Warranty Deed dated May 1, 1989 and recorded in the Bureau of Conveyances,State of Hawaii in Liber 23258 at Page 585. sosascr foesvon *pot 1. Reservation in favor of the State of Hawaii of all mineral end metallic nines. 2. Rights of Native Tenants as contained in Royal Patent Grant No. 2791. 3. The restrictions, covenants and conditions as contained ins n880 Dated. February 19, L974 Liber: 9833 Paget 44 to which reference le hereby made, out deleting restrictions, if any, based on racy, color, religion or national origins. Aier SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 2015 SEP 3 Pin 7 •Planning•Variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 1 ` '- 18 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports'.LAv ;,Ni3 `.- �, TMENT CONN IY OF HAWAII September 3,2015 Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application—Brett W.Ritchie TMK: 7-3-004: 012 (REZ 15-000192) I received a verbal comment from one of the surrounding property owners who claimed ownership of the subject property. In my subsequent discussions with the applicant's parents,I was informed that they have a recorded deed of the subject property as well as a title report attesting to same. In that regard,I am attaching a copy of a Preliminary Report prepared by Title Guaranty of Hawaii, Inc. attesting to the then owner being Bryon N. Freitas. A copy of the recorded deed reflecting the transfer of said property from Byron N. Freitas to Thomas and Lucinda Whittemore is also attached. Please also note that the record at the County Real Property Tax office identified Thomas and Lucinda Whittemore as owners of the subject property and that the Warranty Deed to that effect was recorded on June 30,2014. Should this issue surface during the Leeward Planning Commission meeting,I trust the Commission will conclude that the forum to contest or debate land ownership rests with the courts and not the Commission and thus,continue to process the application. Should you have questions on this application,please feel free to direct them to me for review and response. Thank you very much. Sincerely, ,i,\Ili %t\i\rd SIDNEY M. FUKE Planning Consultant Enclosure Copy—Brett Ritchie w/o enclosure via email 100713 4`f 1.C t,. 3 Z.:44- STATE OF HAWAII �,,'(t. ass'4 BUREAU OF CONVEYANCES 1:f-:%7' RECORDED -3Y,, 3 June 30, 2014 3:29 PM 1,' `` ='` :' r° Doc No(s) A-52940913 !s!NICK!ANN THOMPSON REGISTRAR 1 11/11 Kit Conveyance Tax: $0.00 8-32486496 Land Court Regular System AFTER RECORDATION, RETURN BY MAIL(X) PICK-UP( ) DARL C. GLEED&ASSOCIATES, LLLC Post Office Box 759 Kailua-Kona, Hawaii 96745 Total Pages: V TMK: (3) 7-3-004-012 WARRANTY DEED THIS DEED. made this 19' day of May ,2014,by THOMAS P.WHITTEMORE and LUCINDA H.WHITTEMORE,husband and wife,whose mailing address is Post Office Box 1929, Kailua-Kona, Hawaii 96745, hereinafter called the "Grantor", and THOMAS P. WHITTEMORE and LUCINDA H. WHITTEMORE, Trustees under the unrecorded "Revocable Trust of Thomas P. Whittemore" dated January 4, 1994. and any amendments thereto, a Certification of Trust of which was recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 5 -7-4,av41 bq and tiled with the Assistant Registrar of the Land Court of the State of Hawaii as Document No. C(414'l0"zj7. 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 interest therein, and LUCINDA H. WHITTEMORE and THOMAS P. WHITTEMORE, Trustees under the unrecorded "Revocable Trust of Lucinda H. Whittemore" dated January 4, 1994, and any amendments thereto, a Certification of Trust of which was recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 51-4(4°110 and filed with the Assistant Registrar of the Land Court of the State of Hawaii as Document No. cgt4ttp,ft , 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 interest therein, both of whose mailing address is Post Office Box 1929, Kailua-Kona, Hawaii 96745, hereinafter called the"Grantee"; WITNESSETH: That in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey unto the Grantee, in the following proportions and estates: A FIFTY PERCENT(50.0%)undivided interest to THOMAS P. WHITTEMORE and LUCINDA H. WHITTEMORE, Trustees under the unrecorded "Revocable Trust of Thomas P_ Whittemore" dated January 4, 1994, and any amendments thereto, 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 interest therein, IN TRUST, said Grantee's successors,devisees,and assigns; and A FIFTY PERCENT(50.0%)undivided interest to LUCINDA H.WHHITTEMORE and THOMAS P. WHITTEMORE, Trustees under the unrecorded "Revocable Trust of Lucinda H. Whittemore"dated January 4, 1994, and any amendments thereto, 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 interest therein, IN TRUST. said Grantee's successors, devisees,and assigns; The whole of said premises being held as TENANTS 1N COMMON. FURTHER,THE GRANTORS AND GRANTEES HEREBY DECLARE THAT THIS CONVEYANCE IS MADE PURSUANT TO HAWAII REVISED STATUTES SECTION 509-2,AND NOTICE IS HEREBY GIVEN THAT THE GRANTORS AND GRANTEES INTEND TO AND HEREBY DO CONTINUE THEIR TENANTS BY -2- THE ENTIRETY CREDITOR PROTECTION,THAT THE PROPERTY DESCRIBED IN SAID EXHIBIT"A"WILL BE HELD AND GOVERNED BY THE GRANTORS' RESPECTIVE TRUST AGREEMENTS HEREINBEFORE IDENTIFIED, WHICH TRUST AGREEMENTS ARE REVOCABLE AND AMENDABLE BY EACH RESPECTIVE GRANTOR, AND THAT THE PROPERTY DESCRIBED IN SAID EXHIBIT "A" SHALL CONTINUE TO BE IMMUNE FROM THE CLAIMS OF EACH OF THE GRANTORS' SEPARATE CREDITORS AND EACH OF THE GRANTEES' SEPARATE CREDITORS; all of that certain property described in Exhibit "A"attached hereto and by reference made a part hereof And the reversions, remainders,rents. issues and profits thereof and all of the estate, right, title and interest of the Grantor,both at law and in equity, therein and thereto. TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereon and thereto belonging or appertaining or held and enjoyed therewith. unto the Grantee, according to the tenancy herein set forth, forever. AND, in consideration of the premises, the Grantor does hereby covenant with the Grantee that the Grantor is seized of the property herein described in fee simple;that said property is free and clear of and from all liens and encumbrances,except as may herein specifically be set forth;that the Grantor has good right to sell and convey said property, as aforesaid; and, that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons. AT ALL TIMES HEREIN the terms"Grantor"and"Grantee"or any pronouns used in place thereof,shall mean and include the masculine or feminine,singular or plural number,and individu- als, firms or corporations, and their and each of their respective heirs, legal representatives, successors and assigns, according to the context thereof, and the covenant of any two or more persons herein shall be joint and several. -3- IN WITNESS WHEREOF,the Grantors and Grantees have executed these presents on the day and year first above written. THOMAS P. WHITTEMORE 4 �) LUCINDA H. WHI i'i i~,MORE GRANTOR THOMAS P. WHITTEMORE,Trustee under the unrecorded "Revocable Trust of Thomas P. Whittemore"dated January 4, 1994 LUCINDA H.WHITTEMORE,Trustee under the unrecorded "Revocable Trust of Thomas P. Whittemore" dated January 4, 1994 tit-A.1 •yk.4/0 LUCINDA H.WHITTEMORE,Trustee under the unrecorded "Revocable Trust of Lucinda H. Whittemore"dated January 4, 1994 THOMAS P. WHITTEMORE,Trustee under the unrecorded "Revocable Trust of Lucinda H. Whittemore" dated January 4, 1994 GRANTEE (Notary acknowledgment attached} -4- STATE OF HAWAII ) ) ss. COUNTY OF HAWAII ) On this 19`h day of May ,2014, before me personally appeared THOMAS P. WHITTEMORE and LUCINDA H. WHITTEMORE, to me known to be the persons described in and who executed the foregoing c3 page(including Exhibit"A") Warranty Deed, dated May 19, 2014(document date), and acknowledged that they executed the same as their free act and deed. Linda J. Decker, otary Public Third Circuit, State of Hawaii My commission expires: 06/03/2016 STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this l9`'' day of May , 2014, before me personally appeared THOMAS P. WHITTEMORE and LUCINDA H. WHI 11 EMORE,Trustees under the unrecorded "Revocable Trust of Thomas P. Whittemore"dated January 4. 1994,to me known,or having proved to mc on the basis of satisfactory evidence, to be the persons described in and who executed the foregoing page (including Exhibit"A") Warranty Deed, dated May 19, 2014 (document date), and acknowledged that they executed the same as their free act and deed. Linda J. Decker, Notary Public Third Circuit, State of Hawaii • My commission expires: 06/03/2016 -5- STATE OF HAWAII ) ) ss. COUNTY OF HAWAII ) On this 19th day of May , 2014,before me personally appeared LUCINDA H. WHITTEMORE and THOMAS P. WHITTEMORE, Trustees under the unrecorded "Revocable Trust of Lucinda H. Whittemore"dated January 4, 1994, to me known, or having proved to me on the basis of satisfactory evidence, to be the persons described in and who executed the foregoing `�-, page (including Exhibit"A") Warranty Deed, dated May 19, 2014 (document date), and acknowledged that they executed the same as their free act and deed. Z 14---k-4111\i• W ✓ ``" Linda J. Decker,Notary Public Third Circuit, State of Hawaii My commission expires:06/03/2016 . \• • -6- EDIT A All of that certain parcel of land(being portion(s) of the land(s)described in and covered by Royal Patent Grant Number 1609 to Kama)situate, lying and being on the easterly side of Mamalahoa Highway at Kalaoa 5, in the District of North Kona,Island and County of Hawaii, State of Hawaii,being LOT 3, and thus bounded and described as per survey dated May 25, 1962: Beginning at a pipe in concrete at the northwest corner of this parcel of land, and on the easterly side of Mamalahoa Highway,the coordinates of said point of beginning referred to Government Survey Triangulation Station"MOANUIAHEA" being also 7,944.37 feet south and 8,171.07 feet west, thence running by azimuths measured clockwise from true South: 1. 268° 45' 10" 1,234.02 feet along Lot 2, along remainder of Grant 1609 to Kama,to a pipe in concrete; 2. 3520 05' 211.30 feet along Government Land,to a pipe in concrete; 3. 88° 45' 10" 1,235.72 feet along Lot 4, along remainder of Grant 1609 to Kama, to a pipe in concrete; 4. 174° 25' 21.59 feet along the easterly side of Mamalahoa Highway, to a pipe in concrete; 5. 176° 52' 30" 60.71 feet along same, to a pipe in concrete; 6. 172° 18' 92.19 feet along same,to a pipe in concrete; 7. 164° 57' 30" 37.13 feet along same,to the point of beginning and containing an area of 5.9325 acres,more or less. Excepting and reserving that portion of Parcel 12, lying easterly of Royal Patent Grant Number 1609. Together with a non-exclusive easement for waterline purposes over tax key (3)7-3-005-025, by Grant of Easement dated April 22, 2014, recorded as Document No. A-52280156, said water line easement being 3 feet wide being more particularly described therein. BEING the same parcel of land conveyed to the Grantor herein by Deed dated May 19, 2014 and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. Doc A-52940912 June 30, 2014 3:29 PM SUBJECT HOWEVER, to the following: I. Mineral and water rights of any nature in favor of the State of Hawaii. 2. Encroachment(s) as shown on the survey map prepared by Blaine W. Ito, Land Surveyor, with John D. Weeks,Inc.,dated November 4,2011. (a) Southeast corner of the house is into Lot 4 by a distance of 2.2 feet. (b) Southwest corner if the house is into Lot 4 by a distance of 0.3 feet. -Note:- Title Company will, in its ALTA Loan Policy to insured lenders,issue its endorsement covering this item. 3. The terms and provisions contained in the following: INSTRUMENT : ELEVATION AGREEMENT DATED : December 2, 2013 RECORDED : Document No. A-51210515 PARTIES : DEPARTMENT OF WATER SUPPLY OF THE COUNTY OF HAWAI'I, "Department" and BRYON N. FREITAS, Successor Trustee of the Robert Freitas, Sr. Revocable Living Trust dated April 14, 2007, "Owner". RE : connection to the public water system END OF EXHIBIT "A" REVISED 4/25/2014 report date unchanged PRELIMINARY REPORT (No Liability Hereunder) This report (and any revisions thereto) is issued solely for the convenience of the titleholder, the titleholder's agent, counsel, purchaser or mortgagee, or the person ordering it for the purpose of facilitating the issuance of a policy of title insurance by Title Guaranty of Hawaii and no liability will arise under this report. SCHEDULE A Title Guaranty of Hawaii, Incorporated, hereby reports that, subject to those matters set forth in Schedule "B" hereof, the title to the estate or interest to the land described in Schedule "C" hereof is vested in: BRYON N. FREITAS, as Successor Trustee of the Robert Freitas, Sr. Revocable Living Trust dated April 14, 2007, as amended, with full powers to sell, mortgage, lease or otherwise deal with the land, as Fee Owner This report is dated as of April 22, 2014 at 8:00 a.m. Inquiries concerning this report Inquiries concerning Escrow should be directed to should be directed to RYAN SAWAI. Janet Lum Won. Email rsawai@tghawaii.com. KONA OFFICE Fax (808) 521-0288 . Email jlumwon@tghawaii.com. Telephone (808) 533-5601 . Fax (808) 329-3322. Refer to Order No. 201342959. Telephone (808) 327-3220. Escrow No. 13033009 201342959 CO Title Guaranty of Hawaii, Inc. Page 1 235 QUEEN ST.,HONOLULU,HAWAII 96813, PH:(808)533-6261 SCHEDULE B EXCEPTIONS 1. Real Property Taxes, if any, that may be due and owing. Tax Key: (3) 7-3-004-012 Area Assessed: 5. 933 acres Land Classification: AGRICULTURAL Street Address: 73-4347 OLD GOVERNMENT MAUKA ROAD, KAILUA KONA, HAWAII 96740 -Note:- Attention is invited to the fact that the premises covered herein may be subject to possible rollback or retroactive property taxes. 2 . Mineral and water rights of any nature in favor of the State of Hawaii . 3. MORTGAGE LOAN/ACCOUNT NO. 00019994364110008 MORTGAGOR ROBERT FREITAS, SR. , Trustee of the Robert Freitas Sr. Revocable Living Trust dated April 14, 2007 MORTGAGEE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , solely as nominee for COUNTRYWIDE BANK, FSB, now known as BANK OF AMERICA, NATIONAL ASSOCIATION DATED October 14, 2008 RECORDED Document No. 2008-161580 AMOUNT $357, 000 .00 201342959 © Title Guaranty of Hawaii, Inc. Page 2 235 QUEEN ST.,HONOLULU,HAWAII 96813, PH:(808)5336261 SCHEDULE B CONTINUED 4 . Encroachment (s) as shown on the survey map prepared by Blaine W. Ito, Land Surveyor, with John D. Weeks, Inc. , dated November 4, 2011. (a) Southeast corner of the house is into Lot 4 by a distance of 2 .2 feet. (b) Southwest corner if the house is into Lot 4 by a distance of 0. 3 feet. -Note: - Title Company will, in its ALTA Loan Policy to insured lenders, issue its endorsement covering this item. 5. The terms and provisions contained in the following: INSTRUMENT : ELEVATION AGREEMENT DATED December 2, 2013 RECORDED Document No. A-51210515 PARTIES DEPARTMENT OF WATER SUPPLY OF THE COUNTY OF HAWAI ' I, "Department" and BRYON N. FREITAS, Successor Trustee of the Robert Freitas, Sr. Revocable Living Trust dated April 14, 2007, "Owner" . RE connection to the public water system END OF SCHEDULE B 201342959 © Title Guaranty of Hawaii, Inc. Page 3 235 QUEEN ST.,HONOLULU,HAWAII 96813, PH:(808)5338261 SCHEDULE C All of that certain parcel of land (being portion (s) of the land(s) described in and covered by Royal Patent Grant Number 1609 to Kama) situate, lying and being on the easterly side of Mamalahoa Highway at Kalaoa 5, in the District of North Kona, Island and County of Hawaii, State of Hawaii, being LOT 3, and thus bounded and described as per survey dated May 25, 1962: Beginning at a pipe in concrete at the northwest corner of this parcel of land, and on the easterly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being also 7, 944 .37 feet south and 8, 171 .07 feet west, thence running by azimuths measured clockwise from true South: 1. 268° 45' 10" 1, 234 .02 feet along Lot 2, along remainder of Grant 1609 to Kama, to a pipe in concrete; 2 . 352° 05' 211 .30 feet along Government Land, to a pipe in concrete; 3. 88° 45' 10" 1,235.72 feet along Lot 4, along remainder of Grant 1609 to Kama, to a pipe in concrete; 4 . 174° 25' 21.59 feet along the easterly side of Mamalahoa Highway, to a pipe in concrete; 5. 176° 52 ' 30" 60.71 feet along same, to a pipe in concrete; 6. 172° 18 ' 92. 19 feet along same, to a pipe in concrete; 7 . 164° 57 ' 30" 37 . 13 feet along same, to the point of beginning and containing an area of 5. 9325 acres, more or less. Excepting and reserving that portion of Parcel 12, lying easterly of Royal Patent Grant Number 1609. 201342959 © Title Guaranty of Hawaii, Inc. Page 4 235 QUEEN ST.,HONOLULU,HAWAII 96813, PH:(808)533-6261 SCHEDULE C CONTINUED Together with a non-exclusive easement for waterline purposes over tax key (3) 7-3-005-025, by Grant of Easement dated April 22, 2014, recorded as Document No. A-52280156, said water line easement being 3 feet wide being more particularly described therein. BEING THE PREMISES ACQUIRED BY DEED GRANTOR ROBERT FREITAS, SR. , widower GRANTEE ROBERT FREITAS, SR. , Trustee of the Robert Freitas, Sr. Revocable Living Trust dated April 14, 2007, with full powers to sell, mortgage, lease or otherwise deal with the land DATED April 14, 2007 RECORDED Document No. 2007-082738 END OF SCHEDULE C 201342959 © Title Guaranty of Hawaii, Inc. Page 5 235 QUEEN ST.,HONOLULU,HAWAII 96813, PH:(808)533-6261 GENERAL NOTES 1 . The records in the Bureau of Health Statistics reveal the death of ROBERT FREITAS, SR. on November 15, 2008 at Kealakekua, State of Hawaii. BUYER(S) LIEN INFORMATION 1. Title Guaranty of Hawaii, Incorporated, finds no liens docketed against Lucinda H. Whittemore and Thomas P Whittemore Revocable Living Trust, the proposed purchaser (s) . 201342959 © Title Guaranty of Hawaii, Inc. Page 6 235 QUEEN ST.,HONOLULU,HAWAII 96813, PH:(806)5336261 GUIDELINES FOR THE ISSUANCE OF INSURANCE A. Taxes shown in Schedule B are as of the date such information is available from the taxing authority. Evidence of payment of all taxes and assessments subsequent to such date must be provided prior to recordation. B. Evidence of authority regarding the execution of all documents pertaining to the transaction is required prior to recordation. This includes corporate resolutions, copies of partnership agreements, powers of attorney and trust instruments. C. If an entity (corporation, partnership, limited liability company, etc. ) is not registered in Hawaii, evidence of its formation and existence under the laws where such entity is formed must be presented prior to recordation. D. If the transaction involves a construction loan, the following is required: (1) a letter confirming that there is no construction prior to recordation; or (2) if there is such construction, appropriate indemnity agreements, financial statements and other relevant information from the owner, developer, general contractor and major sub- contractors must be submitted to the Title Company for approval at least one week prior to the anticipated date of recordation. Forms are available upon request from Title Guaranty of Hawaii. E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable tolerances for discrepancies in structures or improvements relative to private property boundaries for various classes of real property. If your survey map shows a position discrepancy that falls within the tolerances of Chapter 669, call your title officer as affirmative coverage may be available to insured lenders. F. The right is reserved to make additional exceptions and/or requirements upon examination of all documents submitted in connection with this transaction. G. If a policy of title insurance is issued, it will exclude from coverage all matters set forth in Schedule B of this report and in • the printed Exclusions from Coverage contained in an ALTA policy or in the Hawaii Standard Owner' s Policy, as applicable. Different forms may have different exclusions and should be reviewed. Copies of the policy forms are available upon request from Title Guaranty of Hawaii or on our website at www.tghawaii .com. 201342959 © Title Guaranty of Hawaii, Inc. Page 7 235 QUEEN ST.,HONOLULU,HAWAII 96813, PH:(808)533-6261 • • DATE PRINTED: 4/25/2014 STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE TAX MAP KEY DIVISION ZONE SECTION PLAT PARCEL HPR NO. (3) 7 3 004 012 0000 CLASS: AGRICULTURAL AREA ASSESSED: 5.933 AC ASSESSED VALUES FOR CURRENT YEAR TAXES: 2013 The records of this division show the assessed values and taxes on the property designated by Tax Key shown above are as follows: BUILDING $ 1, 800 EXEMPTION $ 0 NET VALUE $ 1, 800 LAND $ 2, 900 EXEMPTION $ 0 NET VALUE $ 2, 900 TOTAL NET VALUE $ 4, 700 Installment (1 - due 8/20; 2 - due 2/20) Tax Info As Of - 2/20/2014 Tax Installment Tax Penalty Interest Other Total Year Amount Amount Amount Amount Amount 2013 2 50.00 50.00 PAID 2013 1 50.00 50.00 PAID 2012 2 50.00 50.00 PAID 2012 1 50.00 50.00 PAID 201342959 © Title Guaranty of Hawaii, Inc. Page 8 235 QUEEN ST.,HONOLULU,HAWAII 96813, PH:(808)533-6261 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 16, 2015 Memorandum TO : Duane Kanuha, Planning Director Planning Department FROM : Ben Ishii, Division Chief Engineering Division SUBJECT : Change of Zone Application (REZ 15-000192) Applicant: Brett W. Ritchie Location: Kalaoa 5th, N. Kona, HI TMK: 3/ 7-3-004:012 We reviewed the subject application and our comments are as follows: 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. Old Government Road, fronting the subject property, is a one lane County road. It has an approximate 10-ft. wide traveled way pavement (in fair to good condition), with narrow shoulders, within a variable width right-of-way (TMK map indicates approximate 50 -ft. wide along the subject property frontage). The road is substandard with regard to width and roadside hazard clearances and could benefit from a paved pullout along the subject property frontage, meeting with DPW approval. Install any required street lights, signs and markings meeting with the approval of the DPW, Traffic Division. 3. Access to Old Government Road, including the provision of adequate sight distances, should meet with the approval of DPW. Driveways shall conform to County standards details R-37 and R-38. Intersection sight distances shall meet the requirements of the Hawaii Statewide Uniform Design Manual and the AASHTO Standards. 4. The applicant shall remove any encroachments or obstructions within the County right-of-way. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. KE copy: ENG-HILO/KONA Hawaii County is an Equal Opportunity Provider and Employer F _ E M 49` c DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAI'l FttiwP����� ST EE- -- • 4t'd e August 5, 2015 TO: Mr. Duane Kanuha, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: CHANGE OF ZONE APPLICATION (REZ 15-000192) APPLICANT—BRETT W. RITCHIE • REQUEST: A-20A TO FA-1A TAX MAP KEY 7-3-004:012 We have reviewed the subject application and have the following comments and conditions. The subject property is currently served with three(3) 5/8-inch meters with substandard water pressure conditions, i.e., less than the minimum pressure of 40 pounds per square inch(psi) required for subdivisions. In other words, the existing private water system servicing the property does not meet water system standards for subdivisions in accordance with the Hawai`i County Code and the Rules and Regulations of the Department of Water Supply. Upgrading the system will require extensive water system improvements, including, but not limited to, storage reservoirs, booster pumps,and distribution pipelines. The Department does not foresee any upgrades to its existing water system facilities that would possibly provide the property with adequate pressure and volume meeting subdivision water system standards. In view of the above,the Department is not in a position to support the proposed rezoning and subsequent subdivision. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours. Keith K. Okamoto. P. . Manager-Chief Engineer RQ:dfg copy -- Mr. Brett W. Ritchie Mr. Sidney Fuke, Planning Consultant AUG - o ?V x bit 5 1.l;te:?, Our:'Lu t 1'if'c c 1t S Liesource . . . kit' '11 tZt GZ71k' . . w . 1. .n_ • ........i, William P. Kenoi c S Darren J. Rosario Mayor • Fire Chief +r . ;� _ Renwick J.Victorino a>�o' P�_ Deputy Fire Chief County of Ti,ctivari HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501• Hilo,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 July 24,2015 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO,FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION(REZ 15-000192) APPLICANT: BRETT W. RITCHIE REQUEST:A-20a to FA-la TAX MAP KEY: 7-3-004:012 In regards to the above-mentioned Change of Zone application,the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE,2006 EDITION Note: Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County of Hawai`i amendments. County amendments are identified with a preceding "C" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units,more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 6 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be ,Zi R submitted to the fire department for review and approval prior to construction. 1r� , C 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the 1/4.,-,A4 ."44 owner or Hawai'i County is an Equal Opportunity Provider and Employer. 100037 cti1E SUP-DATE - ry ianP. )��3 SNORT RA.'4G a:., PLANt!ER _ LI DRAFTING SZ.4::. ID DRAFrs1Y ete4tt `ve of the department, or company that owns or governs that water supply or system. cenEa--- ;ption: Fire Department personnel conducting firefighting operations, hydrant testing, and/or O secRET iiitenance,and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau o FILE personnel. O SEE ME O CIRCULATE o DRAFT 819.2 Fire Department Access. REMARKS...—.. _....✓..18,2.1 Fire department access, and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography,waterways, nonnegotiable grades, or other similar conditions,the AHJ shall be authorized to require additional fire protection features. Duane Kanuha July 24, 2015 Page 3 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft(46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. Duane Kanuha July 24, 2015 Page 4 C 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C 18.2.3.4.6.1 The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. Duane Kanuha July 24, 2015 Page 5 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other accessways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. Duane Kanuha July 24, 2015 Page 6 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies,the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. Duane Kanuha July 24, 2015 Page 7 C 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: (a)4"for C900 PVC pipe; (b) 4" for C906 PE pipe; (c) 3" for ductile Iron; (d) 3' for galvanized steel. 3) The Fire Department Connection(FDC) shall: (a) be made of galvanized steel; (b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; (c)be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; (d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; (e)be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; Duane Kanuha July 24, 2015 Page 8 (f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; (g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code; 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus' conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000 square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at (808) 323-4760. a L., DARREN J. ROSARIO Fire Chief KT/lc DAVID Y. IGE e'o F;.:,r VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII ;.�'�Bsy'~a wy'' DIRECTOR OF HEALTH y• % ,•rsr,evc- STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: July 27, 2015 TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 15-000192) Applicant: Brett W. Ritchie Request: A-20a to FA-l a TMK: 7-3-004:012 The proposed project is located within 1000 feet of a public drinking water source. One individual wastewater system will be allowed to be used for the project and must either contain an aerobic unit with disinfection or a non-discharge disposal system. WORD: REZ 15-000192.eh � . e n7 ibs 100043 Ptd a, Hqk DAVID Y.IGE 4,f�f',,�'\4Me SUZANNE D.CASE GOVERNOR OF HAWAII " ! �.,"s/ tft pANDCHAIRARSCNAIW1 A 'j �l A CUfANJ561(N:VN Y{_A':FA RYSVl1AC7f MAM1AGt7dtN1 `�sand and,y l :.,,,F No? STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES �� LAND DIVISION POST OFFICE BOX 621 state 004,7 F HONOLULU,HAWAII 96809 August 6, 2015 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: jdarrow%wco.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: SUBJECT: Change of Zone Application (REZ 15-000192); Request: A-20a to FA-1 a, Brett W. Ritchie,Applicant,North Kona, Hawaii, TMK: (3) 7-3-004:012 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time,enclosed are comments from the Engineering Division on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-04?6. Sincerely, 1: 'I )� ,f' 1 ,-,--,-._.....v-,✓ t '� Russell Y.Tsuji Land Administrator Enclosure(s) ;:J r-6 t E n Dept. hl j /° t);)/4:. ---B_�.�....... . 10 0 2 3 t' --�- 1111'1111'.IGL: ,,ccrrSP 1 a Ae ',Iv"V° , p til'T.n DIr).CA i it tl7 itV1 qt I111i 111'\il + 1 ;p li.\IA'II Im,Nr '..r�1 .4 m•.a1 1rV •\v \llI V11- rIv I.• ,t 1.311'1 4„; X .. � E.X vlt1d and lyd L�TS •.``�a,�l' `yam STATE OF HAWAII 100 . DEPARTMENT OF LAND AND NATURAL RESOURCES '=-( LAND DIVISION POST OFFICE BOX 621 'rtdfeofHa t" HONOLULU.HAWAII 9%809 July 15, 2015 MEMORANDUM ' DLNR Agencies: —Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division Div. of Forestry & Wildlife Div. of State Parks Commission on Water Resource Management Office of Conservation & Coastal Lands r', X Land Division –Hawaii District X Historic Preservation 7. F M: r" Russell Y. Tsuji. Land Administrator UBJECT: Change of Zone Application (REZ 15-000192); Request: A-20a to FA-la LOCATION: North Kona, Hawaii.TMK: 13)7-3-004:012 APPLICANT: Brett W. Ritchie Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by August 5. 2015. If no response is received by this date. we will assume your agency has no comments. If you have any questions about this request. please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. ( ) We have no comments. ( 4 Comments are attached. Signed: • Print name; _ Cony S.Otani(iiefEngineer Date: /' cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell V.Tsuji REF: Change of Zone Application for Brett W. Richie Property,North Kona Hawaii.041 COMMENTS (X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone X. The National Flood insurance Program does not have any regulations for developments within Zone X. O Please take note that the project site.according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone . O Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is . O Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFiP Coordinator, Ms.Carol Tyau-Beam,of the Department of Land and Natural Resources. Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFiP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Mario Sin Li at(808)768-8098 of the City and County of Honolulu, Department of Planning and Permitting. () Mr.Carter Romero(Acting)at(808)961-8943 of the County of Hawaii.Department of Public Works. () Mr. Carolyn Cortez at(808)270-7253 of the County of Maui, Department of Planning. () Mr. Stanford Iwamoto at(808)241-4896 of the County of Kauai. Department of Public Works. ( ) The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. ( ) The applicant should provide the water demands and calculations to the Engineering Division so ii can be included in the Stale Water Projects Plan Update. O Additional Comments: () Other: Should you have any questions,please call Mr. Dennis Imada of the Planting Branch/at 587-0257. Signed: • ' CAR"E"T S"CHAA1G<`Cl IIEF ENGINEER Date: State of Hawaii ,,•, ',.1 FLOOD HAZARD ASSESSMENT REPORT 1t 1 Q 1 `, 1114 II II - `'' 0701" �t 1 ( i IV'( 7 ',lilt/ TED 10(,, (AREA ALL IN ZONE X i. i II 1 I. I�1 4j`,j) I�. dr/ I �`,, �' 0703C _ 4'rr _- A AL-L iN L VNE X i I PANEL NOT PRINTED �# # RSA \ t II) : Mfg FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1%ANNUAL COUNTY: HAWAII CHANCE FLOOD-The 1%annual chance flood(100-year flood),also known as the base TMK NO: (3)7.3.004-012 food,is the flood that has a 1%chance of being equaled or exceeded in any given year PARCEL ADDRESS: 73-4347 OLD GOVERNMENT ROAD The Special Flood Hazard is the area subject to flooding by the 1%annual chance flood. KAILUA KONA.HI 95740 Areas of Special Flood Hazard include Zone A,AE,AH,AO.V.and VE. The Base Flood FIRM INDEX DATE: APRIL 02.2004 Elevation(BFE)is the water-surface elevation of the 1%annual chance flood. Mandatory LETTER OF MAP CHANGE(S): PRONE `food insurance purchase applies in these zones: Zone A: No BFE determined PANEL FIRM PANEL(S): 1551660701C PANEL EFFECTIVE DATE: PANEL NOT PRINTED RE Zone AE: BFE determined. IIIZone AH: Flood depths of'to 3 feet(usually areas of ponding);BFE determined. Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on sloping terrain); average depths determined. IIII Zone V: Coastal flood zone with velocity hazard(wave action);no SFE determined. PARCEL DATA FROM: JUNE 2013 ■ Zone VE: Coastal flood zone with velocity hazard(wave action);BFE detemmned. IMAGERY DATA FROM: MAY 2005 III Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream IMPORTANT PHONE NUMBERS plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood car be carried without increasing the BFE County NFIP Coordinator NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk flood zone. County of Hawaii No mandatory flood insurance purchase requirements apply,but coverage is available in Carter Romero,P.E.,CFM (808)961-$943 participating communities. State NFIP Coordinator Carol Tyau-Beam.P.E.CFM (808)587-0267 III Zone XS(X shaded): Areas of 0.2%annual chance flood areas of 1%annual chance flood with average depths of less Than 1 foot or with drainage areas less ):rr7a,n er erre,,Hams, C;eprsrtme 0 ,en.,nor:Netwe is sro,,,e•. than 1 square mile;and areas protected by levees from 1%annual chance flood. ins..'R;as.i'=rc-s,c esp-r -rry vision,p,1.,-.r e u c r ;:Jrac> Tousle vro. rd terer r'< )N'rrJ t C,"11e4,3Cd f:-PRE'F•.::..•: Zone X: Areas determined to be outside the 0.2%annual chance floodplain. •.,,e,,,,,,s P e a e re,p...,,;iea n.el,,; n,40.-_--0,ac) OTHER FLOOD AREAS ..ro;,riar r an^ tree no«iMemn ;µ,Mt 0w _-o re'h .. r. Zone D: Unstudied areas where flood hazards are undetermined tout flooding is . ,r're: possible. No mandatory flood insurance purchase requirements apply.but coverage a ,F nee;�r 0 , r,:',re- .Lc,r ,A.; ;, sr .,o:r is available in participating communities. t c rr-en's n3:•on ,-esio:ono s^v6 r . son'a' ,,.c,e, a.ar,cv rv:i q Cc-:u ,, i 0:wri f:004,,,10,4 1. .01 0:!r'_,,- ,.. ._6-6 t,o(.: t :N t" h',J0r.7r r pre K''' . r.:,2r e,P, � �T�o%"ry�QQr.- � rSKIL*Ch.IFills to N�" ;9E United States Department of the Interior 4 i400 s FISH AND WILDLIFE SERVICE -''-"-- : °` Pacific Islands Fish and Wildlife Office 300 Ala Moana Boulevard, Room 3-122 Honolulu, Hawaii 96850 In Reply Refer To: O I EPIF00-2015-TA-0358 AUG 13205 Ms. Maija Jackson ---- County of Hawaii Planning Department ' 74-5044 Ane Keohokalole Highway " - ' o _.:, Kailua-Kona, Hawaii 96740 Subject: Comments for Change of Zone at 73-4347 Old Government Mauka Road, Kailua- Kona. Hawaii Dear Ms. Jackson: The U.S. Fish and Wildlife Service (Service)received your correspondence on July 14, 2015, inviting comment on an application for county rezoning. The proposed action is on 73-4347 Old Government Mauka Road. Kailua-Kona on Hawaii (TMK: (3) 7-3-04: 012) and proposes rezoning the property from Agricultural to Family Agricultural prior to subdividing the property into three parcels and building a house on each parcel. Based on information you provided and pertinent information in our files, including data compiled by the Hawaii Biodiversity Program (ECP), there are 3 listed species possibly in the vicinity of the project area that are of concern: the endangered Hawaiian hoary bat(Lasiurus cinereus semotus). Hawaiian hawk(Io, Buteo solitarius), and Blackburn's sphinx moth (Manduca blackburni). Below are descriptions of pertinent natural history and best management practices for avoiding adverse effects to these species. Hawaiian hoary bat The Hawaiian hoary bat is known to occur across a broad range of habitats throughout the State of Hawaii. This bat roosts in both exotic and native woody vegetation and, while foraging, leaves young unattended in "nursery" trees and shrubs. If trees or shrubs suitable for bat roosting are cleared during the Hawaiian hoary bat breeding season (June 1 to September 15), there is a risk that young bats that cannot yet fly on their own could inadvertently be harmed or killed. As a result, the Service recommends that woody plants greater than 1.5 feet tall should not he removed or trimmed during the Hawaiian hoary bat breeding season. Additionally, Hawaiian hoary bats forage for insects from as low as three feet to higher than 500 feet above the ground. When barbed wire is used in fencing, Hawaiian hoary hats can become entangled. The Service, therefore. recommends that barbed wire not be used for fencing as part of this proposed action. Hawaiian hawk The reproductive success of the Hawaiian hawk may be reduced if they are disturbed at their nest site during the breeding season. Therefore, where noise greater than 60 dB (at fiv felt r ,�..--. .-�..:� Planning Dept. ,/t; Alii ;,! -, Exhibit,.__ f 4. 10 V2 4' k Ms. Maija Jackson 2 vegetation clearing is proposed during the March through September Hawaiian hawk breeding season, surveys of the trees within 328 feet (100 meters) of the project site should be conducted; if a hawk nest is found, work should be delayed until the nest is no longer occupied. Blackburn's sphinx moth The BIackburn's sphinx moth could potentially be in the vicinity of the proposed project area. Adult moths feed on nectar from native plants, including beach morning glory (Ipomoeaa pes- caprae), iliee (Plumbago zeylanica), and maiapilo (Capparis sandwichiana); larvae feed upon non-native tree tobacco (Nicotiana glauca) and native aiea(Nothocestruin latifoliurn). To pupate, the larvae burrow into the soil and can remain in a state of torpor for up to a year (or more) before emerging from the soil. Soil disturbance can result in death of the pupae. The Service recommends that a qualified biologist survey areas of proposed construction activities for Blackburn's sphinx moth and its host plants prior to work initiation. We recommend these surveys be conducted during the wettest portion of the year (usually November-April or several weeks after a significant rain) and immediately prior to construction. Surveys should include searches for eggs, larvae, and signs of larval feeding(chewed stems, frass, or leaf damage). Any host plants of Blackburn's sphinx moth identified should not be cut or disturbed. Implementation of these measures will minimize but does not ensure that take of listed species associated with this proposed action will he fully avoided. Thank you for your efforts to conserve listed species and native habitats. Please contact Fish and Wildlife Biologist Jon Sprague (808- 792-9573)if you have any questions or for further guidance. Sincerely, C1 Michelle Bogardus Island Team Leader Maui Nui and Hawaii Island •# SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision••Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports August 11, 2015 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application—Brett W. Ritchie TMK: 7-3-004: 012 (REZ 15-000192) This is in response to the Department of Water Supply's ("DWS")memo, dated August 5, 2015, regarding the subject application. The DWS correctly notes that the subject site is currently serviced with three(3) 5/8-inch meters and that the pressure does not meet with the normal standards of the DWS. It goes on to state that extensive improvements are needed to achieve this desired pressure and that the DWS has no plans to upgrade this system. On the face of it, the comments would suggest that the zoning code's concurrency provision relating to water cannot be addressed. That provision- Section 25-2-46(m)— reads that"zoning amendment application shall not be granted unless: (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or(2)specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed." (Emphasis added) The applicant contends that this requirement can be met. The rezoning request is to allow the creation of three(3)lots. As noted in both the application and the DWS' memo, the subject site is already being serviced with three(3)meters. As such, it is an indisputable fact that County water is currently available to service all of the proposed lots. True, the pressure does not meet the DWS standards. However, in situations where the pressure is inadequate, the DWS already has a process in place to address this issue. This is through the execution of an Elevation Agreement. As noted above,the concurrency provision calls for a system meeting with the water requirements - as opposed to standards - of the project. It is thus maintained that through the execution of an elevation agreement,the project will be able to satisfy the requirements and established practice and/or protocols of the DWS. Planning Dept. Abt '. Exhibit 10 Mr. Duane Kanuha, Director August 11, 2015 Page 2 Notwithstanding the above,please note that the landowner has already executed an Elevation Agreement already with DWS, a copy of which was made part of the planning and environmental report accompanying the application. Further, to better address personal and fire protection measure,the landowner intends to install an engineer-certified and designed pump system that would increase the overall water pressure serving all three (3) lots. Tentatively, the pump system would be situated at the makai end of the property where water would then be pumped into a tank storage system located at the mauka-most boundary of the subject property. Water would then be gravity-fed to all of the lots. We trust that this sufficiently addresses the DWS' comments on the subject application. If not or if there are other comments or questions on this application,please feel free to direct them to me for review and response. Thank you very much. incerel , v\I\r .0\ )( SIDNEY M. FUKE Planning Consultant Copy—Brett Ritchie via email SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212.Hilo, Hawaii 96720 •Planning•Variance•Zoning i tor Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net August 17, 2015 - i. ^' C•Environmental Reports •Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application—Brett W. Ritchie TMK: 7-3-004: 012 (REZ 15-000192) This is to follow up on my discussion with your staff regarding the subject matter. The discussion focused around potable water, archaeological preserve, and the Kona CDP. I would like to use this means to address these areas. WATER The applicant is mindful of the zoning code's concurrency language with respect to potable water, as well as the Department of Water Supply's ("DWS") comments. I believe that this issue was adequately addressed in my letter of August 11 to your office. To re- emphasize and supplement that letter: a. The subject site is already being serviced with three (3) 5/8-inch County water meters. No additional water meters would be required to service this proposed 3- lot subdivision. b. Because of pressure limitations,the landowner executed an Elevation Agreement ("EA") for the subject site that presumably covers all three(3)meters. An EA is usually executed whenever any portion of a site or parcel does not meet the required water pressure. During an August 13 discussion with Mr. Kurt Inaba of the DWS, it was pointed out that an EA is peculiar to a tax map key parcel. Further,because it is recorded with the State Bureau of Conveyances, it runs with the land. As such, any newly created lot or parcel within the parent parcel would still be subject to the same restriction even if it has its own tax map key number. Mr. Inaba added that after lots are created from the parent parcel, it might be prudent—although not necessary- to have each lot execute a separate EA. The reasoning behind this is that depending on the configuration of the lots, a lot may no longer need an EA because of it being entirely within the appropriate pressure zone. At any rate, it would be premature to have an EA executed now for any of the propase&tots - Planning Dept• a2di r it Exhibit ' `a' Mr. Duane Kanuha,Director August 17, 2015 Page 2 c. Notwithstanding the existing and future EAs that may be needed,the applicant intends to construct its own private pump and storage system to further address domestic and fire-fighting purposes. In sum, County water is available and can be provided under an acceptable practice of the DWS. And the provision of water under this approach should neither compromise the area's water infrastructure nor cause an additional burden to the County. .ARCHAEOLOGICAL PRESERVE There is a natural lava tube(SIHP Number: 50-10-27-30295)which is situated at the southern edge of the property. This site was recommended for preservation in the Archaeological Inventory Survey("AIS")prepared by Pacific Legacy,Inc. and submitted as part of the application. This is a recommendation which the applicant is prepared to accept. The issue raised by your staff was whether preservation can still be achieved based on the proposed subdivision layout submitted in conjunction with this application. The short answer is "yes." The ability to do so was even acknowledged in the AIS, wherein it noted that the site "can easily be avoided during the development of the parcel. " (Page 76) Further, in the attached letter, dated August 13, 2015 to the landowner,the archaeologist reconfirmed the proposed 20-foot wide buffer"should not interfere with the subdivision of the property into three lots as proposed. " The applicant is aware that the proposed configuration in the application is just a proposal. Adjustments will invariably have to be made to accommodate any zoning and/or subdivision conditions and more critically, an approved Preservation Plan. The usual protocol in situations like this is to have a Preservation Plan(which incidentally has already been prepared)with identified buffers(in this case,a 20-foot wide buffer)prepared and submitted to the State Historic Preservation Division("SHPD")for its review and approval. Once that is done,then, a proposed subdivision layout would be finalized and submitted to the County for subdivision review and approval. In sum, the applicant maintains that the subdivision of the subject parcel can occur, while still preserving the site pursuant to a SHPD-approved Preservation Plan. KONA COMMUNITY DEVELOPMENT PLAN ("CDP") a. Purpose of the CDP Section 15.1 of the County General Plan called for the development and Mr. Duane Kanuha, Director August 17, 2015 Page 3 eventual County Council adoption of Community Development Plans. The General Plan states that the CDP"will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that"If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling. " The Kona CDP, adopted in 2008, attempted to further define the General Plan and to serve as a guide for decision-makers. As a guide, it is not intended to make decisions but rather to assist decision-makers in making decisions that best achieve or implement the broader objectives of the CDP and the General Plan. b. Kona CDP Land Use Map Pursuant to the above,the Kona CDP identified its vision to be"A more sustainable Kona characterized by a deep respect for the culture and the environment...." In terms of guiding urban and rural developments, one of the adopted principles called for developments in rural areas to be directed to existing rural towns and villages. (Emphasis added) The General Plan LUPAG map was always intended to be"broad brush"and never intended to be specifically measurable. Specifically,the General Plan notes that the "The land use pattern is a broad,flexible design intended to guide the direction and quality of future developments in a coordinated and rational manner. " (Emphasis added) However,with the advent of technological advances, all properties have now been digitized and mapped to reflect zoning, SMA, and the General Plan LUPAG map information. The digitized LUPAG map reflects a small portion of the subject site fronting the Old Mamalahoa Highway to be within the Low Density Urban area, while the balance is designated Important Agriculture. Because the LUPAG map was not intended to be specifically measurable, it could be argued that the substantive intent of the map was to guide Low Density Urban activities makai and not mauka of the Old Homestead Road. It appeared that the digitized version of the LUPAG map was used to develop the Land Use map of the Kona CDP. Thus, the makai portion of the subject site (which corresponds to the digitized version of the LUPAG map Low Density designation)was designated to be within the Kona Urban Area,while the balance or mauka area(which corresponds to the LUPAG map Intensive Agriculture designation) to be outside of the Kona Urban Area. Mr. Duane Kanuha, Director August 17, 2015 Page 4 It is maintained that the subject site falls in the rural and not within the Kona Urban Area. The proposed FA-1 a zoning(which is rural in size and character) would be proximate to the Matsuyama Food Mart area, where the only semblance of the core of a rural village for Kalaoa exists. In that regard,the requested rezoning would be fostering and implementing the principle of directing rural uses close to established rural villages or towns. c. Kona CDP Guiding Principles As noted in the planning report which accompanied the application,the request would be consistent with the other principles related to the"vision" for Kona. These principles and their relationship to the proposed rezoning follow. 1. Protect Kona's natural resources and culture. The subject site does not have any critical natural resources, having been already developed as a farm with farm dwellings. The site is designated "X"on the Federal Emergency Management Agency's Flood Insurance Rate Map. This is areas outside of the 100-year storm. Appropriate on- site mitigation to accommodate project-generated drainage—if needed- will be addressed and implemented during the building permit and construction phases of this project. There are also no known floral or avifaunal resources that would be adversely affected by the project. Furthermore,the one identified archaeological site will be preserved. 2. Provide connectivity and transportation choices. The area of this proposed rezoning is not identified as any future connector road or on the concurrency map of the Kona CDP. While the balance of the site (which is not involved with this rezoning request) could eventually provide further access to mauka properties, the Applicant has no control over that portion. 3. Provide housing choices. With the subdivision of this site, the applicant would be able to finance and build her own home on the property. In that regard, it would provide a housing choice, although not necessarily for the public since the project will result in lots being conveyed to family members. Nevertheless, it does provide a choice for the applicant and the landowner's family. Mr. Duane Kanuha, Director August 17, 2015 Page 5 4. Provide recreational opportunities This project is not a recreational one. Nevertheless,the site is not a critical resource for recreational purposes, as it is not a coastal property nor identified in the CDP as an area necessary for future recreational purposes. 5. Direct future growth patterns toward compact villages,preserving Kona's rural, diverse and historical character. The location of this site is proximate and somewhat within the fringe of the Kalaoa urban area. The proposed FA-la zoning would help foster this rural concept. As such, the proposed project would be consistent with this principle. 6. Provide infrastructure and essential facilities consistent with growth. The basic infrastructure, such as access and water,to support the additional lots already exists. Each lot owner would supplement this with the construction of their own wastewater system. 7. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Study Bureau has classified the soil "D"or poor. In spite of this designation,the site has limited agricultural potential which will be enhanced should the request be approved. The rezoning would enable the land to be subdivided and thus make it more feasible for the applicant to live on site and develop her farm,even if only marginal. That would be better than leaving the site in its current vacant,non-agricultural state. d. Kona CDP Land Use Policies The Kona CDP identified seven(7) components that were applicable to the eight(8) Elements of the Goals, Objectives,Policies, and Actions of the Kona CDP. One of them—Policies—stated on page 4-2 -that"policies that use the word `shall' are mandatory directives legally binding on County agencies...Other policies that use the word `should'are not legally binding as they recommend desired actions... Mr. Duane Kanuha, Director August 17, 2015 Page 6 The Land Use Objectives and Policies of the Kona CDP are primarily directed at land uses within the Kona Urban Area. Relative to areas outside of the Kona Urban Area,the regional land use framework for rural areas,page 4-32 of the Kona CDP states that: "Outside of Kona Urban Area, the character of the rural areas should prevail. This means that limited future growth should be directed to the existing rural towns and villages in a way that revitalizes and enhances the existing rural lifestyle and culture of those communities. Outside of these towns and villages, the protection of important agricultural land is a priority objective. Protecting these lands requires regulations and incentives that will keep these lands available for agricultural use. Any development outside of the rural towns and villages should be directed to suitable areas that are not important for agriculture, in clustered patterns that will optimize the preservation of rural open space. " (Emphasis added). The subject site, falling outside of the Kona Urban Area, is thus guided by the aforementioned framework. Additionally,this framework uses the term"should"as opposed to "shall." The request is generally consistent with this framework. Its low density(no more than three(3) 1+acre sized lots in an area characterized by a mixture of one(1) to 5+acre sized lots)would be retain the rural character of this area. Furthermore, it is proximate to the rural village or town,as defined by the area's commercial core. The Land Study Bureau classifies the soil type as "D"or poor relative to agricultural potential. While the land is not important agricultural land,the applicant intends to cultivate the land to the extent practicable. The project would not adversely affect critical or important agricultural land. Finally,based on the policy framework noted above, it is not necessary or required that the project be developed in a clustered fashion. Having it developed in a clustered manner would necessitate the property being reclassified into the Rural or Urban district to create lots less than 1-acre in size, and such a designation may not realize the rural objectives being sought by the Kona CDP. It is also maintained that since the project will realize only three(3) lots,the rural open space ambiance or character can still be achieved, as it will not convey an"urban"feeling. If the project were a larger one—say 25+ lots-then, a clustered approach may realize more of an open space ambiance. Mr. Duane Kanuha, Director August 17, 2015 Page 6 Finally,the clustered approach is designed to achieve more open space. Yet, since the land is within the State Land Use Agriculture district, for this 3-lot request, there would be more of an opportunity for small-scale farming(in spite of the poor soil characteristics)than a clustered approach, which results in smaller lots per landowner. In sum,when compared to the clustered approach with smaller lots,the conventional 3-lot subdivision approach would create a greater potential for some measure of agricultural activity, while retaining the rural character of this area. We trust that this sufficiently addresses the comments raised by your staff. If not or if there are other comments or questions on this application, please feel free to direct them to me for review and response. Thank you very much. Sincerely, �\th (\f\i\f.v SIDNEYNIVI. FUKE Planning Consultant Enclosure Copy—Brett Ritchie via email Pacific Pacific Basin — Hawai`i Island Phone: 808.351.9560 Legacy 900 Kumukoa Street www.pacificlegacy.com i ii,-t,.-,, Hilo,HI 96720 tPrc. ,:v,•.n 13 August,2015 Mr.Tom Whittemore P.O. Box 1929 sent via email: Kailua-Kona,HI 96745 Tom.Whittemore@hawaiiantel.net Re: Preservation of the Site 50-10-27-30295 modified lava tube,located within the 5.355 acre property in the ahupua'a of Kalaoa 5,North Kona District,Hawaii Island [TMK(3) 7-3- 004:012] Dear Mr.Whittemore: The Archaeological Inventory Survey conducted by Pacific Legacy of your 5.355 acre Kalaoa property identified and recommended for preservation a single natural lava tube whose interior had been extensively modified for human use(Site 50-10-27-30295). Our recommendation was that the site be passively preserved through"avoidance and protection(conservation)" as specified in Hawai`i Administrative Rules Chapter 13-277-3(1) (HAR§13-277, Rules Governing Requirements for Archaeological Site Preservation and Development). Given that Site 50-10-27- 30295 is located close to the southern boundary of the subject property,we felt that it could easily be avoided during development of the parcel. We understand that a Preservation Plan has been prepared by you and submitted to the State Historic Preservation Division for their review and approval. This Preservation Plan calls for the creation of a permanent twenty foot buffer to be established around the entrance to the Site 50-10-27-30295 modified lava tube. It also details the interim protective measures to be employed during construction activities on the property,as well as long term preservation measures to be put in place to protect the site. The establishment of a permanent twenty foot buffer around the Site 50-10-27-30295 modified lava tube should not interfere with the subdivision of the property into three lots as proposed. If you have any further questions,please feel free to contact me. aloha, r'` doe::,... Rowland B. Reeve, M.A. Senior Supervisory Archaeologist Pacific Legacy,Inc. Pacific Basin-O'ahu Business Office Bay Area Sierra/Central Valley 30 flulike Si,Ste.301 2641 Hwy 4 900 Moduc St. 4919 Windplay Dr.,Ste.4 Kailua,111 96734 PO Box 6050 Berkeley,CA 94707 El Dorado I Tills,CA 95762 808.263.4800 Ph. Arnold,CA 95223 510.524.3991 Ph. 916.358.5156 Ph. 808.263.4300 Fax 209.795.4481 Ph. 510.524.4419 Fax 916.358.5161 Fax 209.795.1967 Fax #if SidneyFuke, Planning Consultant , r_ ,, 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports {p August 24, 2015 Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application—Brett W. Ritchie TMK: 7-3-004: 012 (REZ 15-000192) This is to supplement earlier information I provided regarding the site's archaeological report. Please find attached a copy of a letter, dated August 11, 2015, from the SHPD accepting the report, subject to certain technical, non-substantive revisions. Further, also attached is a copy of a letter, dated July 22, 2015, from the landowners to SHPD regarding their proposal to preserve the one site recommended for preservation in the Archaeological Inventory Survey. The"Passive Preservation Plan"called for the establishment of approximately a 20' x 20' square buffer zone around the entrance to the lava tube. There would also be a minimum 100-foot construction zone setback from the cave's entrance. To date,the landowners have not heard from the SHPD. In either event,the applicant and the landowners realize that land disturbance permits in this area would have to be deferred pending acceptance of an approved preservation plan. Should you have further questions on this application,please feel free to direct them to me for review and response. Thank you very much. Xtrer3y4\., SIDNEY M. FUKE Planning Consultant Enclosures Copy—Brett Ritchie w/o enclosures via email Planning Dept. 1 .. _; SUZANNE D.CASE O F y CNNRI'ERSON DAVID Y.ICE P�.•^'•^••..,q BOARD OFT AND AND NATURAL RESOURCES GOVERNOR OF HAWAII t9 59M1e til COMMISSION ON WATER RESOURCE MANAUEMIRIT y y• ISEKOA KALUHI WA i .. IISET DEPL71' and and a j^' • ) o`� �t4d stII W.ROY HARDY ACTING DEPUTY DIRECTOR-WATER F •''•., I AQUATIC RESOURCES fl "w........ J BOATING AND OCEAN RECREATION = -,`:`• J^,� N ON WATER COMMISSION V TION OAST LLANDSt.O:NT CONSERVATION AND COASTAL LANDS 1 "1".2.}.11,1‘ STATE OF HAWAII CONSERVATION AND RESOURCES LNEDRCEMEN ENGINEERING Spate DEPARTMENT OF LAND AND NATURAL RESOURCES EHISTORIC PRESEORISTRY AND RVATION St of Ha��� KAFICOLAWE ISLAND RESERVE COMMISSION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 August 11,2015 Dr.Paul L.Cleghorn,Senior Archaeologist LOG NO:2015.02362 Pacific Basin Division,Pacific Legacy,Inc. DOC NO: 1508MV 14 30 Aulike Street,Suite 301 Archaeology Kailua,Hawaii 96734 Dear Dr.Cleghorn: SUBJECT: Chapter 6E-42 Historic Preservation Review- Supplemental Archaeological Inventory Survey of 5.355-Acre Parcel Kalaoa 5 Ahupua`a,North Kona District,Island of Hawaii TMK:(3)7-3-004:012 Thank you for the opportunity to review the draft report titled: Archaeological Inventory Survey of a 5.355 Acre Property in the Ahupua`a of Kalaoa 5, North Kona District, Island of Hawai'i TMK: (3) 7-3-004:012 (Reeve and Cleghorn, June 2015). Our office received this report on June 15, 2015. We apologize for the delayed review and thank you for your patience. The archaeological inventory survey (AIS) included a 100%pedestrian survey of the parcel and resulted in identification of four historic properties. Of these, one historic property consisted of a house and associated outbuildings and structures which was determined by SHPD architectural branch staff to be a non- significant historic property (Log No. 2015.00133, Doc. No. 1501AB29), and thus was not assigned a State Inventory of Historic Places(SIHP)number. The remaining three are archaeological sites which were determined to be significant and were assigned SIHP numbers. They consist of a modified lava tube (SIHP 50-10-27-30295), a wall segment (SIHP 50-10-27-30296) and a stone-edged depression (SIHP 50-10-27-30297). These three historic properties were assessed as significant under criterion d. The modified lava tube (SIHP 30295) was recommended for preservation,and the other two sites were recommended for no further work. SHPD believes that this report is well written and contains an excellent background section. Further,we appreciate the efforts to consult with individuals knowledgeable about the project area,and we appreciate the incorporation of this consultation into the report. However we have some questions and concerns regarding the identification and recording of historic properties in the project area. These questions and other comments are presented in the subsequent attachment. Please revise and resubmit this report with a cover letter specifying the revisions that were made and their page numbers. Please contact Mike Vitousek at(808)692-8029 or at Michael.Vitousekhawaii.gov for any questions or concerns relating to this letter. Alohhhaa,, Susan A. Lebo,PhD Archaeology Branch Chief Historic Preservation Division Dr.Cleghorn August 11.2015 Page 2 ATTACHMENT Comments and Questions:Archaeological Inventory Survey of a 5.355 Acre Property in the Ahupua'a of Kalaoa 5, North Kona District, Island of Haii'ai'i TMK: (3) 7-3-004:012(Reeve and Cleghorn,June 2015) Abstract 1. Page i.Typo"Site 3296"should be"Site 30296" Field Investigations 2. Page 48:The garden area of the historic home should be considered separately from the historic structure. This garden area may have the potential to yield information on historic agricultural practices and may contain pre- contact agricultural features that have been adaptively re used for historic agriculture. SHPD considers this to be an archaeological site separate from the architectural site that was determined to be not significant by the SHPD architecture branch. Therefore we request that it is given an SIHP number and recorded pursuant to HAR 13-276-5. This should include documentation of the feature that was tested as a possible burial. 3. Page 53:Please include possible burial for the function of modified lava tube(SHIP 50-10-27-30295) 4. Page 63:Please include a drafted plan map of SIHP 30296 pursuant to HAR 13-276-5(d)(4)(f). 5. Page 65:Please include a drafted plan map of SIHP 30297 pursuant to HAR 13-276-5(d)(4)(f). 6. Page 83: Please include a summary table for significance assessments and treatment recommendations pursuant to HAR 13-276-7 and HAR 13-276-8. Recommendations 7. SHPD agrees with the recommendation that SIHP 30295 should be preserved and we look forward to the opportunity to review and archaeological preservation plan that meets the standards of HAR 13-277. In addition, we believe that the scattering of historic and pre-contact artifacts across the property suggest that the potential exists for pre-contact deposits in this project area.The presence of lava tubes in the project area also suggests that additional unrecorded historic lava tubes may exist on the property.Therefore,SHPD requests that an archaeological monitoring plan be in place during ground disturbing activities within this project area. Thomas P.and Lucinda H.Whittemore PO Box 1929 Kailua-Kona, HI 96745 July 22, 2015 Mr. Michael Vitousek, M.A. Lead Archaeologist, Hawaii Island Section State Historic Preservation Division Department of Land and Natural Resources State of Hawaii P.O. Box 2972 Kailua-Kona, Hawaii 96745 REFERENCE: Passive Preservation Plan-TMK(3)7-3-004:012 OWNERS OF RECORD: Thomas P.Whittemore RLT and Lucinda H.Whittemore RLT INTRODUCTION Pacific Legacy, Inc.was contracted to conduct an"Archaeological Inventory Survey"of the subject property documenting identifiable archaeological features. Their report was recently completed in May 2015. A complete report is available upon request. A summary of their archaeological findings identified only one site(30295)to be designated for preservation. The following presentation is intended to serve as a "Passive Preservation Plan"to proactively and respectfully address mitigation measures that will adequately protect the identified site for both interim and long term,given the eventual impact of limited development(roadway access and house site pads) within the subject property(Exhibit A). It is the property owner's intent to construct a roadway access along the northern boundary on the subject property as well as their personal private residence PROPERTY DESCRIPTION The 5.355 acre parcel located in the ahupua'a of Kalaoa 5,within the district of North Kona on the island of Hawaii. The subject parcel is one of several residential properties situated along and immediately mauka of the Old Government Road, which is itself slightly upslope of the Mamalahoa Highway.The subject parcel is immediately mauka of the Matsuyama Market(Exhibits B, C& D). The majority of the 5.355 acres were grubbed during the 1970's.A more detailed description of the subject parcel and its historic title ownership is included in the complete Archaeological Inventory Survey which is available upon request. SITE 30295 DESCRIPTION AND LOCATION The subject site type was identified by Pacific legacy, Inc. as"Modified Lava Tube" in good condition. It is a natural lava tube with internal modifications. The site is located in the central portion of the • • property, approximately 1.5 meters north of the fence line marking the southern property boundary (Exhibit E). To the north of the lava tube entrance the terrain has been grubbed. An east to west running line of bulldozer push boulders situated approximately one meter north of the entrance marks the edge of this ground disturbance. A mature avocado tree is growing just west of the lava tube entrance. Former owners recall as children having used the lava tube as a "play fort". The entrance to the lava tube consists of a skylight opening that measures approximately 1 meter in diameter(Exhibit F). Pacific Legacy, Inc. has stated that"There is no current need for stabilization or reconstruction of the site". PASSIVE PRESERVATION PLAN The property owners intend to establish an adequate squared buffer zone area of approximately 20 feet by 20 feet around the entrance to the lava tube (Exhibit G). Eventual planned road and home site construction work would not occur within 100 feet minimum of the designated preservation site 30295 buffer zone. Prudent damage avoidance and protection measures will be a priority. INTERIM TERM PROTECTIVE MEASURES—Because of the lava tube location being close to the southern fence lined boundary(Exhibit A),the initial interim preservation plan would be to place orange construction barricade net fencing around the designated site 30295 buffer zone boundaries, utilizing the southern barbed wire fence line as one boundary. The remaining three sides to the enclosure would be running 25 feet on all three remaining boundaries. This protective fence will stay in place until construction activities have been completed.The vegetation within and around the surrounding area site 30295 will continue to be controlled clear of prior Christmas berry, wild ginger and weed growth encroachment. LONG TERM PROTECTIVE MEASURES—Within a reasonable time period it is the property owner's intent to either install permanent hog wire fencing around the designated 20 foot by 20 foot preservation area or a rock wall enclosure having similar boundaries(Exhibit G). The area surrounding site 30295 will ultimately be utilized as active cattle pasture so appropriate measures will be taken to insure that there is never possibility of cattle access within the designated preservation area. Respectfully submitted for your favorable consideration and approval Dated: Thomas P. Whittemore Dated: Lucinda H. Whittemore SidneyFuke, Planning Consultant l -E;T 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning • Telephone: (808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports F ? August 25, 2015 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application—Brett W. Ritchie TMK: 7-3-004: 012 (REZ 15-000192) Thank you for providing me with a copy of the U.S. Fish and Wildlife Service's ("FAWS") and State Department of Health's comments regarding the subject matter. The FAWS noted that there are possibly three (3) species that may be found in the project vicinity and thus recommended some mitigation measures. One of those species was the Hawaiian hoary bat. The FAWS recommended that a) woody plants greater than 15 feet tall not be removed or trimmed during the bat's breeding season(June 1 to September 15); and b)barbed wire fencing be avoided as much as possible. The applicant will adhere to those recommendations. Please note that the applicant does not plan to denude the property of its vegetation but instead will integrate it into its subdivision, and thus the timing of any tree removal can be readily addressed. Further, while the applicant intends to fence portions of the property to accommodate cattle grazing,the fence will not be barbed. Relative to the Hawaiian hawk,the FAWS' concern also dealt with noise and its potential impact to the hawk's breeding season—March through September. As such,the applicant will avoid any land clearing during that period,which is somewhat coincident to the tree removal/trimming restriction above. Finally,relative to the Blackburn's sphinx moth,the applicant does not believe that the site has vegetation or host plants that are conducive to the propagation of the moth. Nevertheless, the applicant will have a qualified biologist conduct an assessment or survey during the wetter months or after a substantial rainfall and provide a copy to your office. In sum,the applicant is prepared to accept the following rezoning conditions to address the FAWS' concerns: Planning Dept. `' E ° - _t3____ ` " Exhibit Mr. Duane Kanuha, Director August 25, 2015 Page 2 a. Prior to any grading or grubbing activity of the property,the applicant shall submit a report to the Planning Director from a qualified biologist to assess the presence or absence of the Blackburn's sphinx moth, including any of the moth's host plants, and, if applicable, any recommended courses of action to mitigate impacts to the moth. The land disturbance activity can commence only acceptance of said report by the Planning Director. b. The removal of woody plants in excess of 15 feet shall be prohibited between June 1 to September 15. c. The use of any powered heavy equipment or device to remove trees and vegetation or site preparation shall be prohibited between the months of March to September. This restriction can be waived by the Planning Director upon submittal of a report or survey by a qualified avifaunal person noting the absence of any active Hawaiian hawk nests within the project site and up to 100 meters from the perimeter boundary of the subject site. d. Barbed wire shall not be used for fencing. As for the State Department of Health("DOH"), in conjunction with the building permit process that requires a waste disposal system(such as a dwelling),the DOH is one of many agencies that must approve the permit. As such,the wastewater system will have to be designed to address the requirement of a system falling within a 1,000 feet of a public drinking water source. This system would, as noted by the DOH, "an aerobic unit with disinfection or a non-discharge disposal system. " We trust that this sufficiently address the FAWS' and DOH's comments on the subject application. If not or if there are further comments or questions on this application, please feel free to direct them to me for review and response. Thank you very much. Sincerely, `I`i V v SIDNEY M. FUKE Planning Consultant Copy—Brett Ritchie via email QQapF YIATER,�Ar`t 7 , 79 @ f DEPARTMENT OF WATER SUPPLY • COUNTY OF HAINAI'I r 4y�r 345 KEKUANAQ'A STREET. SUITE 20 • HILO, HAW`AI'. 96720 OpHoit"" " TELEPHONE (803) 961-8950 • 'SAX :3;2-8) 961-3557 October I, 2014 Mr. Charles A.C.Young _ _ v Ms. Elizabeth K.Young P.O.Box 92 _ v Naalehu, HI 96772 -, 3 - ASSIGNMENT OF WATER SERVICE `z-i :ct TAX MAP KEY 7-3-004:013 • This is in response to your letter dated August 27.2014. Please be informed that the Department will acknowledge the assignment of two(2)existing service laterals from your parcel(Tax Map Key 7-3-004:013)to the adjacent parcel(Tax Map Key 7-3-004:12),as justified by the following circumstances: 1. The parcels are adjacent to each other and receiving water service from the same pressure zone. 2. The service laterals are currently installed and no additional service is available to any parcel. Subject to the property not fronting on the Department of Water Supply's existing water system facilities, a Policy and Conditions for Water Service,or"Out-of-Bounds Agreement"must be signed upon application of water service. The agreement is an understanding with the applicant that they are responsible for the installation and maintenance of the customer waterline from the meter to the parcel as well as obtaining any necessary permits, easements,or other access for the customer waterline. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sincer 'ours, Quinn Antonio,Jr., P.E. Mana r-Chief Engineer RQ:dfg copy Mr. Thomas P. Whittemore DWS Customer Service Sections(Hilo and Kona) ::71:7°1 '-' . . . :Water, Our Most ecicus Resource . . . z I i .ii �� . . 0 6 `. • • The aepartner.!:`t/,',ter Suz.-4 w ar .. . ..... friS1 //,/ . Al .,- .!, , II', s- . ,11131/,'" APPLICATION FOR WATER AND SEWER SERVICES , lili v 6554 COUNTY OF HA WA!'! DEPARTMENT OF WATER SUPPLY • DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, WASTEWATER DIVISION ii/ 0/1,/1 ,?- (11',- 6:;) — Served by Sewer: Yes No , Date of Application: Service No.: -2 cz . 4 - , Res ,/"--. Bus i /-.,/ . ft, 9-<ti 1 .1)/1 ./- • '-' .4 0 i No. of Units served by sewer ....00ATION/ADDRESS: , . t i .2k r / /1,4,.),,,,/:1 rc. 1 , 1 '-.1' • 1. 0 LA. r, ,91AAP KEY ) /: Lot No. ( ) rhe itindersigned applicant heireb applies to the Department of Water Supply of the County of Hawari for water service, and the Department of nviivnmental Management,-Wastewater Division, of the County of Hawaii for sewer service, if applicable, at the above location. Pending approval, Ind in consideration of commencement of such service(s), the undersigned agrees to pay all charges incurred upon such location for such service(s) Ind to abide by all rules, regulations, ordinances, codes, provisions, and policies prescribed by the Department of Water Supply and the Water Board )1*the County of filawai‘i, the Department of Environmental Management of the County of Hawal`i, and the State and County of Ilawai‘i, relating to water and sewer services and rates. The undersigned understands that they will be billed by the Department of Water Supply for water service, and if ipplicable,will be billed separately by the Wastewater Division of the Department of Enviromnental Management for sewer service. FOR DWS DEPARTMENTAL USE ONLY ACCOUNT INFORMATION Category Codc w 70%; ' /1 , , -/::-/. -,t:- (/ , •,.,i • / . ii Purpose: System Code: Applicant/Agent: 4 / Flat /Estimated Fees: $ '`--''fi Rec# kr-5 , .) . ...4)„.\ if ,›). r pcscription: ' ;' ,' I sA 4 /• ,/ .` I Billing Address: ____. , Facilities Charge $ Rec# / . ,':1;:i i it.." Credit Deposit $ . Rec#-----7,7 # - Work Order No.: / /Y/ -.:.' Size: ' # )' -", _________ _ /I „ t i ),A) v 3 ‘ ''; 3 ry -'i, Meter No./AMR No.: / ID#: _ Reading When 'Installed: Date: •"? i. (-7,,,, Elevation Agreement: Backflow Preventer: Phone: (I-1) (11) (C) Out-bf-Bound: Date Service Started: Remarks: ___ __ Signature: *-- Date: " \, - _ LIMITED TO GALLONS PER DAY( _j UNIT(S) DWS Cust Svc Rep: ......__________ The County of Hawaii is an equal opportunity provider and employer. Rev 5111 CUSTOMER ...... e OFFICIAL RECEIPT . • , . , DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII APP.,LICATiONNO M, i DATE ii / SERVICE L? - 1316,6-la 7 /0 / /y No. "cEivE---D P V fi 1t-ii-pn ore, /A.):1-)", f / FFIOA. / i FROM I 1 TO AMOUNT Nu. i METER,..A.TE-.- 1 !I. - . INSTALLATIONIC—k" 4211 /.5) -- FACILITIES I RESERVE CHARGES I CREDIT DEPOS7 ! ;; SERVICES , IT- I- •I METER II II LABOR&MATERIAL I' - ' .4•`"7-;..T i /,':71;•-• ! 7),4,1_, --,,, oci d 1.4_ /If c** ''' I - • !\„i i NS. . et,_ cl Cfri 4", i ' ' iii lit - [ C...\ ':i-- ' t5:18' ti Cit•NI\ i• i t qt CASH 0 M.0. 0 TOTAL iD f liEl.--Cifi .a.••TF,iv.::-i- )FFICE X... MAIL 0 , 2 17 9 a 3 -1AW,1,,PAINTING CORPORA-Ir.:MI.3M FAN,N15 tit~•OS MAtERf•,i ;i•f • if% DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII :n ..i p -1 AWOO �� 345 KEKUANAO'A STREET, SUITE 20 •• HILO. HAWAI-I 96720 TELEPHONE (808) 961-8050 - FAX (808) 961-8657 Date: 11/28/14 • TO: Thomas Whittemore re: acct# 930-13165-10 & 13166-10 FROM: Customer Service Section Department of Water Supply SUBJECT: LOCATION— 73-4347 OldGovernment Rd TMK 7-3-004:012 POLICY&CONDITIONS FOR WATER SERVICE (PREMISES NOT WITHIN SERVICE LIMITS OF THE DEPARTMENT) The following conditions are to be applied to the above referenced service. These conditions are supplemental to the Department's Rules&Regulations regulating water service to consumers. Failure to abide by the following conditions or the Department's Rules 8c Regulations shall result in denial or termination of service. I. An Elevation Agreement shall be required if there is less than 40 PSI at the meter,or if the property is situated at an elevation that cannot be assured of adequate service from the Depai tuient's water system. This document must be executed prior to granting of water service. In all situations,the Department is not responsible for pressure or flow conditions after the meter. ?. Water service is restricted to the property for which application has been made. If more than one lot is to be serviced from one meter,then a larger sized meter needs to be installed in addition to payment of the applicable facilities charge. Prospective consumers pursuing this option shall submit their intentions and plans for further review and approval by the Department. 3. Water service from each 5/8-inch meter shall not exceed 600 gallons per day.. 4_ The consumer shall be responsible to obtain all necessary permits from the Department of Public Works for the installation of the consumer's supply pipe within the County road right-of-way. 5. The consumer shall be responsible for securing any other permits,clearances,or easements from any other agency or party for the proper installation of the consumer's supply pipe. 6. The consumer shall be responsible for the repair and maintenance of the consumer's supply pipe. 7. Unless specifically agreed upon by the Department, the consumer shall not resell any water supplied through the Depai tuient's meter. I HEREBY AGREE TO ABIDE THE CONDITIONS LISTED ABOVE IN ADDITION TO THE DEPARTMENT'S RULES&REGULATIONS. Consumer The Department of Water Supply a an Equal Opportunity provider and employer. To file a complain!of discrimination.write: USDA,Durcta:Office of-Civil RiOhL.Roc2n ^(.-W Wfiinrn Ruildine_14°and independence Avenue.SW.Wahinaton DC 20250-94 10. Or calf 1202)720-5964(voice and TDD RRitchieREZ.doc 9/8/15 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION BRETT W. RITCHIE CHANGE OF ZONE APPLICATION (REZ 15-192) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from an Agricultural-20 acre (A-20a) to a Family Agricultural-1 acre (FA-la) zoning district for 5.9325 acres be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicant requests to change the zoning district from Agricultural-20 acres (A-20a)to Family Agricultural - 1 acre (FA-la) for 5.9325 acres of land in order to create a 3-lot family agricultural subdivision. The FA-la zoning district, with a minimum lot size of 1 acre, would allow a maximum density of 5 lots, although the applicant is proposing 3 lots. The existing dwelling on the property will be demolished, and each of the three family members (applicant, parents and sibling) will construct a residence on their newly created lots which will range in size from 1.2 to 3.3 acres. The applicant's parents would like to do some measure of farming such as cattle grazing and the applicant's sibling would like to develop a small nursery consisting of edible plants like dry land taro, sweet potatoes, and herbs to supplement his commercial culinary needs. 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 decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The long-term implications of these decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an Agricultural-20 acre (A-20a) to a Family Agricultural-1 acre (FA-la) zoning district conforms to applicable goals, policies and standards of the General Plan. The FA zoning district is intended for lands within -1- Re: Bill 108/Conan. 523 the State Land Use Agricultural District, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. In this case, the subject property is both in the urban and non-urban area because the LUPAG Map designates the makai half of the property as Low Density Urban and the mauka half as Important Agricultural Land. The Low Density Urban designation typically consists of low-density residential uses up to 6 units per acre, community uses, and convenience-type commercial uses like the nearby Matsuyama Food Mart. The requested rezone to the Family Agricultural district is not consistent with the Low Density Urban designation since the density of residential development proposed (one home per 1+ acre lot) is more rural in character. Thus, the request is more consistent with the Important Agricultural Land designation which allows farm dwellings on lands that have a better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. In fact, according to the Archeological Inventory Survey, the property was used historically for growing dryland taro, sweet potato and other crops. Additionally, the property is classified as Other Important Agricultural Land by the ALISH System, which are important to agriculture in Hawai`i yet they exhibit properties, such as seasonal wetness, erodibility, limited rooting zone, slope, flooding, or droughtiness,that exclude them from the `Prime' or `Unique' agricultural land classifications. These lands can be farmed satisfactorily by applying greater inputs of fertilizer and other soil amendments, drainage improvement, erosion control practices, flood protection and produce fair to good crop yields when managed properly. -2- A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicant is requesting the change in zoning in order to subdivide into three lots to convey to family members. At least two of the newly created lots will be used for agricultural purposes such as pasture. The Kona Community Development Plan (CDP) also identifies the property as partially in the urban area and partially within the rural area. The CDP has different land use policies for how each of these areas are developed; however, for both areas the overall land use policy is to concentrate all new development in existing villages rather than to continue to allow the historical scattered land use pattern of rural and urban sprawl caused by the subdivision of agricultural lands into smaller parcels. In the urban area, the policies of the CDP strongly encourage new development within compact villages along proposed primary transit routes known as Transit Oriented Developments (TOD's), or as Traditional Neighborhood Developments (TND's) along secondary transit routes, or as infill developments which are new developments adjacent to existing urban- developed properties. Rezoning of lands that are not infill developments or TOD/TND developments are considered "greenfields"developments, which require an amendment of the CDP before they can be approved(see Policy LU- 2.8). In the rural area, the policies of the CDP also strongly encourage new development within the existing rural villages of Holualoa, Honalo, Kainaliu, Kealakekua, Captain Cook, HOnaunau,Napo`opo`o, Kealia and Miloli`i. It should be noted that Kalaoa is not included as a rural village in the CDP. This could be because there is no clear commercial center in Kalaoa compared to the other villages or perhaps because the Kalaoa mauka area is seen as a sprawling extension of the Kona urban area rather than its own village. The land use polices in the CDP for the rural area are not as -3- clear as in the urban area and in some cases policies directly conflict one another or do not clearly indicate whether they are suggestions or requirements. For example, the following sections of the Kona CDP support a rural clustered land use pattern for all lands outside the rural villages (emphasis added): • Overall Land Use Strategy 4.2.2 states "Any development outside of the rural towns and villages should be directed to suitable areas that are not important for agriculture, in clustered patterns that will optimize the preservation of rural open space." • Land Use Policy LU-3.4 states"the Clustered Rural Subdivision Guidelines in Attachment C apply to proposed subdivisions outside the Kona Urban Area." • The"Applicability" section of the Guidelines state that they apply to "a special type of"Planned Unit Development" (PUD) for North and South Kona for lands outside the Urban Area zoned Agricultural, Intensive Agricultural, Family Agricultural, or Rural Agricultural." • Land Use Policy LU-3.8 states"Rezoning of areas currently zoned agricultural, outside of the Urban and Rural TOD areas shown on Figure 4-7 Official Kona Land Use Map, and outside of urban designations on the General Plan LUPAG, shall not be allowed, except in the following limited circumstances:... (3) the rezoning is to permit a subdivision consistent with the Clustered Rural Subdivision Guidelines, while preserving the majority of the property in non-residential use dedicated to agriculture, open space, or other conservation purposes, and does not have the primary effect of allowing subdivision into lots smaller than allowed by existing zoning. This policy is intended to prevent the rezoning of agricultural property to allow agricultural subdivisions where the primary objective of the lot owner will be to have a residential estate." Whereas, these policies encourage a clustered rural land use pattern but do not require the use of the Clustered Rural Subdivision Guidelines for every subdivision in the rural area. • Land Use Policy LU-3.5 states "Any subdivision of important agricultural land (IAL) lands involving 30 acres or more currently zoned at densities between Ag-la to Ag-5a and FA are encouraged to follow the Clustered Rural -4- Subdivision Guidelines in order to prevent sprawling, large-scale residential subdivision of these lands." • Land Use Policy LU-3.6 states"When granting any subdivision water variance served by a private water system to allow a subdivision involving 30 acres or more, a condition of the variance should be to follow the Clustered Rural Subdivision Guidelines." • Land Use Policy LU-3.8 states "Rezoning of areas currently zoned agricultural, outside of the Urban and Rural TOD areas shown on Figure 4-7 Official Kona Land Use Map, and outside of urban designations on the General Plan LUPAG, shall not be allowed, except in the following limited circumstances:... (1) the rezoning allows only a small number of additional lots, consistent in scale with the transfer of lots to family members," • Overall Economic Development Strategy 4.8.2(d) Food Industry states "The primary strategies for the enhancement of our Agricultural Industry in Kona focus on the following. 1. Protection of Agricultural Lands. The maintenance of the current overall density of agriculturally- zoned lands outside of the Kona Urban Area(UA) will discourage unplanned sprawl as well as protect agricultural lands for agricultural uses. See Policy LU-3.8. 2. Rural Clusters. The adoption of the new program will encourage clustering of development on agricultural lands in exchange for the perpetual protection of contiguous blocks of lands for crop production. The program will also provide an opportunity to create affordable housing in rural areas. See Policy LU-3.3." Based on these polices it seems that any agricultural lands outside the Kona urban area should be,but are not necessarily required to be, developed according to the Clustered Rural Subdivision Guidelines. The intent of these guidelines is to promote a more compact form of development by clustering smaller residential lots in order to preserve the balance of the subdivided property as rural open space for the protection of significant ecological, cultural, scenic or agricultural resources in perpetuity. What is very clear is that the CDP recognizes that in order to preserve important agricultural land for viable commercial agriculture and the rural character of Kona from -5- urban and suburban sprawl, the land use policies and practices of the past must change. Land Use Policy LU-3.8 allows for rezoning of agricultural lands outside of the urban and rural TOD's, which correspond to the existing villages, if it is to create only a small number of additional lots, consistent in scale with the transfer of lots to family members. The change of zone request is consistent with this policy of the Kona CDP in that the applicant proposes to rezone the property in order to create a 3-lot subdivision and convey the lots to family members. A condition of approval will encourage the use of the Clustered Rural Subdivision Guidelines when designing the subdivision so that the rural character of the property and surrounding area will be maintained. All essential utilities and services are available to the property. Access to the property is from Old Government Road, which is a one lane County road fronting the property. It has an approximately 10-foot wide traveled way pavement(in fair to good condition), with narrow shoulders, within a variable right-of-way. The tax plat map indicates the right-of-way width is about 50 feet fronting the property. According to the Department of Public Works (DPW), the road is substandard with regard to width and roadside hazard clearances and could benefit from a paved pullout along the subject property frontage. The DPW requires that any encroachments or obstructions within the County right-of-way be removed. Currently, there is an approximately 12-foot wide concrete paved driveway from Old Government Road to the property. The requested rezone and subsequent 3-lot subdivision will increase residential density on this substandard road. Therefore, the Planning Director agrees with these recommendations and conditions of approval will be included to implement these recommendations. Regarding water for this application, Section 25-2-46 (m) (Concurrency Requirements) within the Zoning Code states that a zoning amendment application shall not be granted unless: (1) the depai tnient of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or (2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed. -6- The Department of Water Supply has verified that the subject property is currently served by three 5/8-inch meters,but the system has substandard water pressure conditions and do not meet water system standards for subdivisions in accordance with the Hawai`i County Code and Rules and Regulations of the Department of Water Supply. For the applicant to upgrade the system to meet these standards, it will require extensive water system improvements, including,but not limited to, storage reservoirs, booster pumps, and distribution pipelines. In this particular case, the Planning Director will support a change of zone to FA-la to allow for the subdivision of the property into three parcels that will then be conveyed to the applicant's family members. The main reason for supporting this request is that no new additional DWS water meters will be required to service the proposed subdivision and the applicant will install a private pump system to increase water pressure for each lot. The issue surrounding the substandard service provided by the existing water meters currently servicing the project site is not about lack of capacity, it is about adequate pressure, which the applicant intends to resolve by the installation of a pump and storage system to supplement the existing system. The applicant made recent efforts to secure the transfer of two additional water meters to service the project site in accordance with existing protocols offered by the Department of Water Supply, with each water meter being able to service a single family residential unit. At no time was lack of adequate service through these existing and transferred water meters ever an issue. It was simply a lack of adequate pressure, which will be resolved through onsite improvements. Additionally,the property receives about 35 inches of rain annually which should be sufficient for agricultural purposes. County sewer service is not available in the area. According to the Department of Health, the property is located within 1,000 feet of a public drinking water source and therefore one individual wastewater system will be allowed to be used for the proposed development. The individual wastewater system must either contain an aerobic unit with disinfection or a non-discharge disposal system. Solid waste generated on the property will be disposed of at the Kealakehe transfer station located about 4 miles away. All other essential utilities and services are available. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would -7- render the land unusable. The property is located in Zone "X", an area determined by FEMA to be located outside of the 500-year floodplain. Should this request be approved, the applicant could apply for a Second Farm Dwelling allowing for the construction of a second dwelling unit on each newly created lot. The potential to allow additional dwellings would contribute to the cumulative burden on the existing infrastructure. As such, a condition will be included to prohibit a second dwelling unit (farm dwelling) and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the rural ambience of the area. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the County Council has historically required this contribution for minimum lot sizes of one acre. Therefore, a fair share contribution would be required for the requested FA-la zoning. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area,however all lands in the State are in the Coastal Zone Management Area. The subject property is located approximately 4 miles from the nearest coastline and will not be impacted by coastal hazards,beach erosion or marine resources. There are no identified coastal recreational resources, public access to the shoreline or mountain areas, or coastal scenic and open space resources on the property. The property does contain historic and natural resources that will be preserved and protected. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" and"Ka Pa`akai 0 Ka Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: -8- Investigation of valued resources: An Archaeological Inventory Survey(AIS) of the property was conducted in May 2015 by Pacific Legacy, Inc. The survey includes an oral history of kama`aina accounts of the area. No floral or faunal surveys of the property were completed. The property was previously grubbed in the 1970's. The valued cultural, historical, and natural resources found in the rezoning area. The AIS identified three historic sites on the property, one of which, a modified lava tube, was recommend for preservation by the SHPD. The U.S. Fish and Wildlife Service has indicated that three endangered species may be present in the area: the Hawaiian hoary bat, Hawaiian hawk and Blackburn's sphinx moth. Possible adverse effect or impairment of valued resources: Some plants that endangered species in the area rely on for food or nesting may be destroyed by construction or ground alteration. Feasible actions to protect native Hawaiian rights: There is no evidence that traditional and customary native Hawaiian rights are exercised on the property; therefore no action is necessary to protect these rights. In the event legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the property. Conditions of approval will be included to require the applicant preserve the modified lava tube as recommended by the SHPD and notify the SHPD should any unidentified historic or cultural sites or remains be encountered, and proceed only upon an archaeological clearance from the SHPD. Conditions of approval will also be included to implement best management practices to for protection of the three endangered species that may be on the property or in the general area. This favorable recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Family Agricultural zoning district,prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many -9- others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of the Change of Zone request from an Agricultural - 20 acre(A-20a) to a Family Agricultural - 1 acre(FA-1a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -10- Piahy b€4-I-) i�tV OF y COUNTY OF HAWAII : - A ' STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO FAMILY AGRICULTURAL—ONE ACRE (FA-la) AT KALAOA 5TH ,NORTH KONA,HAWAII, COVERED BY TAX MAP KEY: 7-3-004:012. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 5th,North Kona, Hawai`i, shall be Family Agricultural—One Acre(FA-la): Beginning at a pipe in concrete at the northwest corner of this parcel of land, and on the easterly side of Mamalahoa Highway,the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUIAHEA" being also 7,944.37 feet south and 8,171.07 feet west,thence running by azimuths measured clockwise from true South: 1. 268° 45' 10" 1,234.02 feet along Lot 2, along remainder of Grant 1609 to Kama,to a pipe in concrete; 2. 352° 05' 211.30 feet along Government Land, to a pipe in concrete; -1- 3. 88° 45' 10" 1,235.72 feet along Lot 4, along remainder of Grant 1609 to Kama, to a pipe in concrete; 4. 174° 25' 21.59 feet along the easterly side of Mamalahoa Highway, to a pipe in concrete; 5. 176° 52' 30" 60.71 feet along same, to a pipe in concrete; 6. 172° 18' 92.19 feet along same, to a pipe in concrete; 7. 164° 57' 30" 37.13 feet along same,to the point of beginning and containing an area of 5.9325 acres,more or less. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS -2- SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- • mgA-20a A-20a R5-20 R5-20 AGRICULTURAL-TWENTY ACRES(A-20a)TO FAMILY AGRICULTURAL-ONE ACRE(FA-1a) RS-20 RS-20 RS-20ill' A-20a 5.9325 ACRES A-20a ,' f w KKAMAKA LN gif, A-la A-laKA'IMINANlila 2944.375Fr8,17L07 wA-20n A-20n"MOANUTAHEA" IN 1111111111111111 iMI A-20a 0 1 CN-20 i L 1 A-20a 3 Q z 11111 A-20a A-20a A-20a A-la M1 A-20a h . -7<707,,,A-la N 11/1111 NM �A-la I A-3a - a A-3a A-3a Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -TWENTY ACRES (A-20a) TO FAMILY AGRICULTURAL - ONE ACRE (FA-1a) AT KALAOA 5th, NORTH KONA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)7-3-004:012 DATE:JULY 13,2015 Ritchie EXHIBIT"A" Mao: 1361 CRitchieREZ.doc 9/4/15 BRETT W. RITCHIE CHANGE OF ZONE APPLICATION (REZ 15-192) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. Final Subdivision Approval for the proposed development shall be secured within five(5) years from the effective date of this ordinance. The applicant is encouraged to follow the Clustered Rural Subdivision Guidelines in the Kona Community Development Plan when creating the subdivision layout. The intent of the guidelines is to minimize grading,preserve the natural appearance of the land to the maximum extent possible, ensure agriculture use in the State Land Use Agricultural District, and create a rural setting for residences. D. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. Should the Planning Department grant a water variance from the Subdivision Code, the applicant shall install a private pump system to increase water pressure to a minimum of 40 psi for each of the proposed lots and, if required by the Department of Water Supply, execute an out-of-bounds agreement and elevation agreement for the newly created lots. 1 F. To protect the endangered Hawaiian hoary bat during breeding and pup-rearing season,woody vegetation greater than 15 feet in height shall not be removed or trimmed between June 1 and September 15, and barbed wire fencing shall not be used on the property. G. To protect the endangered Hawaiian hawk, the use of powered heavy equipment or vegetation clearing during breeding season of March to September, shall be prohibited. This restriction can be waived by the Planning Director upon submittal of a survey by a qualified avifaunal professional noting the absence of any active Hawaiian hawk nests within and up to 100 meters from the perimeter of the subject property. The applicant shall coordinate the protection of found nests with the U.S. Fish and Wildlife Service. H. To protect the endangered Blackburn's sphinx moth that may be in the area,the applicant shall make a good faith effort to retain any vegetation on the property that moths feed on such as beach morning glory, `iliee, maiapilo, tree tobacco, and `aiea. A qualified biologist shall survey the areas of proposed construction activities for the moth and its host plants prior to work initiation as recommended by the U.S. Fish and Wildlife Service. The surveys shall be conducted during the wettest portion of the year and immediately prior to construction. Access to Old Government Road, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. Driveways shall conform to County standards details R-37 and R-38. Intersection sight distances shall meet the requirements of the Hawai`i Statewide Uniform Design Manual and the AASHTO Standards. J. Prior to the issuance of Final Subdivision Approval and for the purpose of mitigating the substandard width and roadside hazard clearances of Old Government Road, the applicant shall construct a paved vehicular pull-out within the existing right-of-way along the subject property frontage, meeting with the approval of the Department of Public Works. K. Prior to Final Subdivision Approval, the applicant shall remove any encroachments or obstructions within that portion of the Old Government Road right-of-way directly fronting the project site. 2 L. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. M. All earthwork activity, including grubbing and grading, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. N. An individual wastewater system containing an aerobic unit with disinfection or a non-discharge disposal system, meeting with the approval of the Department of Health, shall be installed for the proposed development. 0. Prior to Final Subdivision Approval, the applicant shall submit and receive approval from SHPD for a revised Archeological Inventory Survey and Preservation Plan. The Preservation Plan shall be implemented and the SHPD- approved preservation buffer for the modified lava tube(SIHP 30295) shall be delineated on the plats submitted for subdivision approval. P. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Q. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and transportation facilities. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each newly created lot shall be based on the actual number of residential units developed. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$13,506.70 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 3 1. $6,513.17 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $314.20 per single family residential unit to the County to support police facilities; 3. $620.58 per single family residential unit to the County to support fire facilities; 4. $271.70 per single family residential unit to the County to support solid waste facilities; and 5. $5,787.06 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. R. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. S. The applicant, successors or assigns shall comply with all applicable County, State and Federal laws,rules, regulations and requirements. T. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original 4 reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. U. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. 5 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT SEPTEMBER 17, 2015 A regularly advertised hearing on the application of BRETT W. RITCHIE(REZ 15-192)was called to order at 9:38 a.m. in the West Hawai`i Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet, Scott Church, Collin Kaholo, Barbara Nobriga, Sonny Shimaoka and Keith Unger ABSENT AND EXCUSED: Thomas Whittemore ALSO PRESENT: Danny Patel (Counsel for the Commission), Duane Kanuha(Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner),Maija Jackson (Planner), Lucas Mead (Planner) and Noriko Sauer(Commission Secretary) And approximately 60 people from the public in attendance. APPLICANT: BRETT W.RITCHIE (REZ 15-192) Application for a Change of Zone from an Agricultural-20 acres (A-20a)to a Family Agricultural-1 acre (FA-I a) zoning district for approximately 5.94 acres of land. The property is located on the east (mauka) side of the Old Mamalahoa Highway across the street and northeast of the Matsuyama Food Mart complex at Kalaoa 5th, North Kona, Hawaii,TMK: 7-3-004:012. BEAUDET: First agenda item on this morning's agenda is Applicant Brett Ritchie, rezone application, 15-192. Staff? JACKSON: Thank you, Mr. Chair. Good morning, everyone. The first item on the agenda is a request for a Change of Zone. The applicant is Brett Ritchie—oh, let me go up and adjust the screen. Okay, the subject property is located in the North Kona District in the Kalaoa area. You can see the property outlined in red in the middle of the slide. It's located just mauka of the upper road and just mauka of the Old Government Road. As a point of reference, the Matsuyama Market is located in this pink area right here. So the subject property is located just mauka and north of Matsuyama Market. It's currently zoned Agricultural-20 acres, which is shown in the dark green. Most of the properties around it are also zoned Agricultural with the exception of Matsuyama Market. The General Plan designation for the property is split just about in half; so the area shown in the yellow is Medium Density Urban, this allows for residential uses, some commercial uses, community uses; and then the light green area on the mauka end of the property is designated Important Agricultural Land. The State Land Use District for the property and surrounding area is Agricultural, which is shown in the light green. The area north, I'm sorry, east of that is Conservation, which is a forest reserve, and then you have the Urban area shown in the pink. This is the Kona Community Development Plan Map, 1 DRAFT Re: Bill 108/Corm. 523 and the subject property is located at the end of this arrow towards the top. So this zoom-out version just shows you generally where the future village centers are supposed to be located along the transit line in the middle of the slide. And then you have this area outlined in blue is a rural village center, which is Holualoa. So the property is located just outside of the Kona Urban Area, which is shown by the red line. And you can see the red line also goes right through the property; this designates the difference between the Kona Urban Area on the makai side and the rural area of Kona on the mauka side. This is an aerial photo of the property; there is an existing dwelling in the southwest corner of the property here, and then you can see a lot of the `ohi`a forest has been retained on the property that it has been selectively grubbed. The Old Mauka Road again is on the west side of the property. The applicant is proposing to demolish the existing dwelling here shown in the slide. So the applicant is requesting a Change of Zone from Agricultural-20 acres to Family Agricultural-1 acre in order to create a three-lot family agricultural subdivision. The FA zoning district, based on their lot size, which is a little over five acres, with a minimum lot size of one acre, would allow a maximum density of five lots,but the applicant is just proposing to subdivide it into three lots. The existing residence will be demolished, and each of the three family members,the applicant,their sibling and parents, will construct a farm dwelling on their newly created lot ranging in size from 1.2 to 3.3 acres. The applicant's parents would like to do some measure of farming, such as cattle grazing, and the applicant's sibling, I believe, is a chef and he would like to have a small nursery consisting of edible plants, such as dry land taro, sweet potatoes and herbs, to use in his commercial culinary business. This is the applicant's conceptual subdivision plan. You can see, it looks like they are proposing four lots, but there is actually a connection here; so the first lot is like a dumbbell shape, and then two lots in the middle of the property that are accessed through a flag pole down to the highway. These are some site photographs. This is looking makai; you can see Matsuyama Market in the distance here, and then the Old Government Road between the property and Matsuyama Market. So there is an existing concrete driveway. You can see that better on this slide looking mauka and then up to the existing home that they are proposing to demolish. And then this picture over on the right side just gives you a general idea of the type of vegetation that's on the property; there are some old growth of `ohi`a trees. This photograph shows Old Government Road; it's a narrow one-lane road, it's only about ten feet wide, and you can see the driveway coming off of that on the right side. And then this view is looking south; again, you can see the driveway on the left side. The Planning Director is recommending a favorable recommendation with conditions be sent to the County Council. And you should have received one letter of support since we sent your background and recommendation reports out. I also wanted to let you know that the applicant is proposing quite a few revisions to the conditions that the Director recommended. So after the applicant comes up and presents their conditions, we would like the opportunity to add some more comments or let you know which conditions we are agreeable to. That concludes my presentation. Are there any questions? BEAUDET: Thank you, Maija. Commissioners, any questions of staff? 2 DRAFT UNGER: I had a quick question just to be clear on what we are going to be deciding on. If this application does get approved,technically the applicant could subdivide it into five one-acre parcels, is that correct? JACKSON: That's correct. UNGER: And they represent that they only want to do the three parcels. JACKSON: That's correct. UNGER: Okay. BEAUDET: Thank you. Will the applicant and its representatives please come forward? Good morning. If each of you could please raise your right hand. Do you now swear and affirm to tell the truth now before the Leeward Planning Commission? APPLICANTS: I do. BEAUDET: Thank you. Please introduce yourselves, speak into the mike, name and address is fine. RITCHIE: I'm Brett Ritchie. FUKE: Good morning, Mr. Chairman. My name is Sidney Fuke. I'm the planning consultant. I'm here assisting the applicant on this matter. I would also like to acknowledge the presence of the applicant's brother, Ian, as well as their mother. And as the staff had pointed out, essentially this is a family type of subdivision. They have had a chance to review the staff's background report and the proposed recommendation. The background report is, you know, as always on point. Relative to the recommendations, you know, we had some concerns regarding certain conditions, and we'd like to, you know, during the course of the presentation discuss some of these concerns. But I'd like to also acknowledge that, you know, I had subsequent discussions with the staff and I think that pretty much we have reached the consensus in terms of how the conditions could be modified to our mutual satisfaction. Before going on further, however, I'd like to kind of make some general comments. One is that, you know, you may hear comments relating to questions regarding the ownership of the property, and we had already provided, and it's included in the Planning Department's Exhibit, I think it's Exhibit No. 3, we had provided the staff and the Commission with a warranty deed, which clearly shows that the applicant's parents do own the property. And also, it's also reflected in the real property tax report. So if there are any questions along the way, we would appreciate that maybe your counsel or the Planning Director to advise the Commission that this is really like, would not be the appropriate forum to discuss land ownership, and just looking at it purely from a land use and planning perspective whether the requested rezoning is or is not appropriate. The other, you know, the other general comment I would like to make is that, you know, the overall cost of fees, you know,just associated with developing properties, and if you look at the proposed, you know, it's not to say that the staff is objecting to any of those proposed fees, but I was just kind 3 DRAFT of like sitting down and just doing the numbers, and the fair share impact fee is like roughly about $13,500 per lot; so if you multiply that by three, you know,you are looking at$40,000. And relative to the fees for the water facilities charge, it's about$6,500 per lot. So just off the gate, you know, for a three-lot subdivision you are looking at fees of, you know, like nearly$60,000. And so even if you own the land, and then you've got tie in like whatever required infrastructure, then it becomes very costly even to subdivide a property then, you know, for family purposes. The request is like, you know, I think a number of years, maybe a couple of years ago, I had assisted another family subdivision, Harold Teshima, you know, out in the Honalo area. And essentially it's a same type of request; it's a family oriented type of subdivision. The utilities are all available. The property comes off of this old homestead road. Your staff is recommending, and which the applicant wholeheartedly agrees, that there be a pull-out, you know, constructed on the property. What we are suggesting is that, and we have a language along the way, is that because on the makai side of the old homestead road,the land kind of like drops down; to be able to accommodate the pull-out,the applicant would like the ability to have the pull-out be constructed on his property rather than necessarily all within the existing right-of-way. So we have language that would make that possible, you know, and whatever the additional right-of-way that he would have to relinquish and improve, he would like to then subsequently dedicate the portion to the County. I guess to answer a little bit Commissioner Unger's question as far as,you know, the proposal is for three lots, and it's ultimately, you know, the parents and the two siblings, and that's the reason why they want to do a three. But from an infrastructure standpoint, however,they do have some limitation in terms of the ability to develop the property into a five-lot subdivision in spite of the, you know,the size of the property and the requested zoning, and the limitation is tied into the water availability. So currently the property is being serviced by three existing water meter, and the meters they already have an executed what-is-called like an out-of-bounds agreement with the Water Department, as well as an elevation agreement with the Water Department; so they have three meters and it's ready to be hooked up, you know, if the rezoning is approved and they subsequently go through the subdivision process. To have like additional meters would require considerable cost and expense to upgrade the system, and thus, you know,be compliant with the Subdivision Code. The applicant also conducted an archaeological survey at the property. They found out that there is an entrance to a cave on the property on the south end of the property. And so he is proposing that that area be preserved; it's going to be like a buffer, you know, around the portion. And he has already submitted the portion, the proposed preservation plan to the State Historic Preservation Division and just king of waiting for further comments. So the idea is once the preservation plan is approved, then he would modify the proposed subdivision layout and then submit that to the County. You will also notice that as conditions there are like, you know, as a result of comments from the U.S. Fish and Wildlife, there are conditions relating to when you can or cannot clear the property; this is all in deference to the Hawaiian hoary bat, the sphinx monks, moth rather, as well as the Hawaiian hawk. So fortunately, you know, we are at the time when, you know, that's the closedown period, so it's not really going to significantly affect the proposed development of the property. 4 DRAFT In terms of the kind of issues that we are kind of suggesting was,initially,if you look at Condition D, Condition D kind of like relates to,you know,having only one dwelling per existing lot of record,but I think I had just heard, so we are suggesting that since one of the properties would have like three acres in size and, you know,the larger property would be set aside for the parents, the applicant would want the ability to construct an additional farm dwelling on the property because the zoning would allow by density the additional farm dwelling. But having the restriction of only one dwelling per lot, and any change to that would require County Council approval, you know,the applicant would want to avoid having to go through the process again just to construct an additional dwelling. I have had some discussions with your staff, and I think the staff is going to propose the deletion of the particular condition. So given that,then, you know, we,the applicant is very appreciative of that. The other condition relates to Condition E, relating to the water variance and the 40 psi requirement. On that particular condition, we would like to suggest that it be amended to read somewhat along these lines: it's like, should, you know, should a water variance form the Subdivision Code be required, as represented by the applicant, the applicant shall install a private pump and storage system to increase water pressure, and the balance is kind of continued. So essentially, what it does is like the proposed condition confirms what the applicant is going to do, and that is to say to have like a pump system and a storage tank developed on the property to increase the pressure while not necessary according to DWS's rules, you know, it's really designed more for the convenience of the respective property owners. What we wanted to eliminate was to have the minimum 40 psi cap. The 40 psi cap is what the, what is a standard Department of Water Supply requirement, and to meet the requirement, normally you would have to have your storage tank situated at difference in the elevation of 100 feet above the highest point of your property; so obviously, you know, that would be very difficult to achieve, you know. The alternative is to have a big pump so that you can reach the 40psi level. But I think that, as we had suggested, I think that would address the particular concern. The other one relates to Conditions I and J, and this relates to the driveway. Condition I states that, you know, the driveways have to conform to condition,Road Standard R-37 or R-38. And Condition J, you know, where it relates to the pull-out, what the applicant intends to do is to have the, his driveway also serve as the pull-out areas, so the driveway will be wider than what is normally what is required by the R-38 standard;the R-38 standard calls for the maximum width of only 36 feet. And so when you include the driveway plus the need for like the pull-out area, you'll probably be like, you know, you are looking at maybe 40 or 50 feet long. And so to having it tied down to the particular standard would not really be appropriate. I think that if you just say that, rather than deleting the reference, you know, you just modify it by saying"in accordance with Chapter 22, Hawaii County Code," and I believe the, in that regard then the proposed condition to Condition I would read as follows: "Access to Old Government Road, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. Driveways shall conform to Chapter 22, Hawaii County Code," and then you delete any reference to the County standards details R-37 and 38, and the rest would still remain. We are proposing that Condition I, you know, as it ties down to Condition J, and Condition J, we would like to modify just a bit,just to include the notion of this ability to put a vehicular pull-out on the makai section. So Condition J would read, "Prior to the issuance of Final Subdivision Approval and for the purpose of mitigating the substandard width and roadside hazard clearances of Old Government Road, the applicant shall construct a paved vehicular pull-out," and you would add, "fronting the subject property within the existing right-of-way and/or portions of the subject property, meeting with the approval of the 5 DRAFT Department of Public Works." The new sentence would be, "Further, all improvements and the land within the subject property used for this pull-out shall be subdivided and submitted for dedication to the County at no cost in conjunction with the Final Subdivision Approval process." That pretty much concludes our presentation and our request. If there are any questions that you may have,then we would be more than happy to answer them. BEAUDET: Commissioners, any questions of the applicant? I have a question, Mr. Fuke. Relative to, or maybe it's for staff then, with the requested changes or amendments to Condition I, you want to say, you want to refer to Chapter 22 of the County Code in replacement of R-37 and 38. I'm not familiar with 37 and 38. So if we could understand the differences in--. JACKSON: Sure. So one of those standard details, I think it's R-37, requires that a driveway connection to the County road not be wider than 36 feet. And so, as Mr. Fuke mentioned, since they are proposing to combine their driveway with the pull-out, Public Works is recommending it will go beyond the 36-foot minimum, I mean maximum, and so it won't need the R-37 standard. So Public Works, I spoke with Public Works and they were agreeable to removing the references to those County standards and instead saying that the driveway shall conform to Chapter 22,which is the Street Code, and the Street Code allows for a variance from the County standard details so that they can have a wider driveway that includes the pull-out area. BEAUDET: Thank you. CHURCH: Brandi? BEAUDET: Go ahead. CHURCH: This pertains to Condition J and the pull-out where the area is to be subdivided and dedicated to the County, therefore it becomes the County's responsibility to maintain that. Is that a customary and ordinary thing for situation like this? JACKSON: Yes. Typically,if it's, say, a pull-out that public vehicles would be using adjacent to a County road, it becomes part of the County right-of-way. And if I can just add a little bit to that, there is a quite wide right-of-way there, it's a 50-foot right-of-way, so it's possible that just a very small portion of the subject property would need to be subdivided out and dedicated; it could be that the majority of the pull-out and driveway apron is within the County right-of-way. UNGER: Can you explain your thought process in laying out the subdivision? I'm not used to seeing a makai lot and then two lots and then you've got the small connector access way connecting to a mauka lot; so basically,the one lot is the makai lot and the mauka lot with the flag lot. FUKE: Yeah, from what I understood from the applicant's parents, the concept is to have the mauka portion be used for cattle grazing, and also the makai portion as well, which is where the applicant's parents would own; so they want to be able to have like, you know, unfretted access to the mauka portion, as well as the makai section, for cattle grazing activity. The interior lots, well, the smaller lots, the one-acre size lots, one would be, you know, for the applicant and the other one would be for 6 DRAFT the brother, and the brother, as the staff had pointed out,is an accomplished chef, and so he wants to do his,you know,farm-to-market type of agricultural activities on his property. But, again,the concept behind having, you know, the mauka and makai portion is largely to accommodate the applicant's parents', you know, desire to have cattle grazing on both the mauka and makai portion. BEAUDET: I have a question, Sidney. Going to Condition J, you referred to constructing the pull-out on fronting the subject property, so I'm assuming that's makai side of the road. FUKE: No, the property is on the mauka side of the old homestead road, so the pull-out would be adjacent to the property on the mauka side,rather than on the makai side of the right-of-way,because the makai side of the right-of-way, you know, the property is right in the back of Matsuyama Store, if you are familiar with that area, there is a severe drop, you know, and so to have the pull-out on the makai side would really not be feasible, you know, except at some considerable cost. The mauka section would be much more feasible. BEAUDET: But still within the right-of-way, the 50-foot right-of-way --. FUKE: Well,that's why --. BEAUDET: -- or within its encumbrance on the property. FUKE: It could be within the existing right-of-way. Then, again, he may have to encroach into his own property. So if there is any encroachment,then the encroached portion would be subdivided and dedicated to the County. So that's the reason why when I had proposed the language, it was, you know, like, "a vehicular pull-out fronting the property within the existing right-of-way and/or portions of the subject property ...." So, you know, until an actual survey is done, it's difficult to determine whether their pull-out can occur entirely within the right-of-way or it may have to encroach, you know, into the private property. So if it does have to encroach, then he has the obligation to dedicate the portion. BEAUDET: Thank you. Staff,one of the conditions that was requested for amendment was Condition D. Was there any position from Planning, from the Department on the request? JACKSON: This was for Condition D? BEAUDET: Yeah. JACKSON: Yes, so we, the Department has actually included this condition in all rezones and all Agricultural rezones for about 15 years now, and we've done that as a way to kind of control density, residential density on Agricultural land. But in reality it's kind of a form of contractual zoning, because when someone applies for FA zoning, FA zoning allows for additional farm dwellings; if you meet the farming thresholds, you can apply for and get an additional farm dwelling. So the, I spoke with the Director about this and he is agreeable to actually deleting the condition completely in order to allow for additional farm dwellings on the entire property, if they meet those criteria. BEAUDET: So what is the farming threshold for three acres, or three-point-something acres? 7 DRAFT JACKSON: It's an hourly threshold. So I believe for a second dwelling it would be eight hours per week of farming, and then if you want an additional dwelling beyond that, there is a higher threshold, more hours per week of farming. BEAUDET: Okay. Because this is, it's two-sided, yeah? We are subdividing it into three lots with the restriction for one dwelling per lot. We obviously have a water issue, a Water Supply issue. But yet the request is to strike the condition so they can construct additional buildings. I would assume that a farm dwelling would need water service. JACKSON: Yes. BEAUDET: So how do we accommodate that, if there is other changes to Condition E? KANUHA: Perhaps I should respond to that; I was going to do that anyway. With regard to the philosophical notion that was raised by the applicant and discussed with the staff, that's, the current situation now is even without subdivision someone could come in and ask for a farm dwelling. So to condition a rezoning for density purposes to limit additional farm dwellings when the Code already permits those, provided you can meet the requirements for farm dwellings,it's,there is criteria already in the Code, but the analysis has been, you know,evolving over the years,because the primary threshold in the state Land Use Law is whether or not the proposed farm dwelling provides income to the occupants of the dwelling. Now,there is no real threshold for what the income is, and in the past the threshold has been at least 50 percent, okay, which obviously depending upon what kind of crops are involved, how big the property is, what the financing is for the dwelling, it could be difficult to accomplish. So the criteria has since been expanded somewhat to also include employees, you know, count your employees, how many hours they participate, you know, in the farm production,things of the nature. So based on that, that's why I'm, I'm agreeable to waiving this restriction because in my mind it is, it is a form of contractual zoning; you know, you let somebody get a zoning, and in any other situation you are not restricted from applying for these farm dwellings, but because you are getting this additional zoning, now you get this restriction. If there were no qualification criteria for farm dwelling, then I think we would take a different approach, okay. But the provision is already provided for in the Code. Related to water, farm dwellings, there is no specific water requirement for farm dwelling as they are for a rezoning and a subdivision, okay. Those, to accomplish, the concurrency requirements in the County Code provide that you have to have either public water service or a system, a private system, that meets the same requirements of a public water system,right, in order to accomplish zoning and in order to get subdivision. On the subdivision component without rezoning, you can apply for a subdivision, if the requirements are there is no County water available, there is no private system, you know,meeting County dedicable standards available,then you have an option to apply for a variance, a variance from the water requirements. And the result of the variance is usually some form of a catchment system, and that is related indirectly to an analysis we do with regard to what the annual rainfall is in the area, what size tank you are going to have, you know, whether or not the structure you are going to provide has enough roof area to provide, you know, those requirements. So in this particular case they are only going for three lots because that's how many meters, water meters, they have for the property. Now, in this case just because they have the meter doesn't mean they have 8 DRAFT enough available water, and that's why there is, you know,there is conditions in there about water pressure, out-of-bounds agreement, you know,things in the nature. Should they, should the applicant or their successors or their assigns decide to apply for a farm dwelling in the future on any of these lots actually, if they can meet those requirements—it's not only limited to the bigger lot, you know, they could possibly qualify depending upon what they want to do on the smaller lots as well, that's why we feel the restriction is a form of contractual zoning, you know, it shouldn't be incumbent upon the property—but at that time the subdivision requirements for water don't apply, okay, so catchment could be done, or catchment system could be utilized to service the additional farm dwellings, right? In this area, you know, it just depends on what the rainfall is, again, what size the catchment system is going to be and so on and so forth. So I hope that kind of helps us explain things a little more. Thank you. BEAUDET: Thank you, Director. I appreciate that. Commissioners, any more comments or questions of the applicant or staff? Since I hear none, we have two members in the audience who have signed up for testimony. If I could ask the applicant to go back to their seats, and if Norman Keanaaina and Robert Freitas, Jr. could please come to the table. KEANAAINA: [To the audience] Good morning, everybody. AUDIENCE: Good morning. KEANAAINA: Public hearing, freedom of speech. BEAUDET: One second,one second. If you could both please raise your right hands. KEANAAINA: Here's my, I have hearing impaired--. BEAUDET: Okay. KEANAAINA: -- so he [Mr. Freitas] has to talk to me. BEAUDET: Good. Do you now swear or affirm to tell the truth now before the Leeward Planning Commission? TESTIFIERS: Yes, I do. BEAUDET: Thank you. Please state your name and address in the microphone. KEANAAINA: I'm Kahu Norman Akahai Keanaaina,born here on the island right in Kalaoa, 1940. My address is 73-4303 Hawai`i Belt Road, Kalaoa Street. The property, or the subject property,is where I grew up on. The property owner is my father, Henry P. Kamaka, and my mother, Emily J. Keanaaina Kamaka. The property is unique; it was given by King Kamehameha, III as a Land Patent. And if anyone here has the knowledge of law in the U.S. Supreme Law, the Patent cannot be changed. That's the law. I'm here to speak for the family and for the person who purchased the land. The family is not accepting the fact that the land be sold, but yet the Ritchie family purchased the land without the knowledge of the Patent. Now the Patent is national, international, federal, and 9 DRAFT united nation, or united kingdom, law, and the County and State of Hawai`i cannot get around it. And this is what I wrote: "Notice of application, `Rezoning Request.' Applicant, Brett W. Ritchie. Portion of Royal Patent Land Grant No. 2972, Lot 12." And I got a letter for Mr.Fuke: "Dear Mr. Fuke: I am the son of Henry P. Kamaka and Emily J. Keanaaina Kamaka, in which are part of my heritage. I am aware of the lawful title to this ownership of this land. This land sits on an undivided interest of the family, Allodium R.P. Land Grant No. 2972 Ka`akau and Kama, by King Kamehameha, III, my great-granduncle, to the heirs and the assigns forever. The words `assign forever' means forever and nothing less. The property is in the first degree in land larceny, extortion and war crime complaint today. The United Supreme Court has certified that Land Patents when properly identified can't be ruled, cannot be ruled against, the fact that the Land Patent certifies absolute and supreme title to the land. Therefore, the land cannot thereafter lawfully be taken or adopt or taxed or executive orders, except by the willingness of the landowner. It is within the Bureau of Land Management, United States of America. United States Constitution Title 18, Section 241 and 242, and any and all other applicable federal and states, civil or criminal, trespass statutes shall apply to these following provision. You are hereby notified by the owners of this property requires all public officials, agents or persons to abide by the Supreme Law of this land and the United State Constitution and the ratified amendment thereto. Owners refuse to permit any access, audit, assessment, or inspection whatsoever to this property without the presentation of a warrant prepared as prescribed by the Fourth and Fourteenth Amendments to the United States Constitution, and particularly describing the place to be searched and the person or things to be seized, allege zoning or land use code violations for entering this property. Violators will be treated as intruders. Violators can trigger fines up to [$]10,000 and prison sentence of ten years, or both,pursuant to the trespass laws as above-stated. Warning, Allodium R.P. Land Grant No. 2972, the Aupuni of Hawai`i." That's the law. I'm here to protect the person who purchased the land by a fraud sale. And I spoke to Sidney Fuke about this over the phone. And it's a shame that this thing continues on and on and on and on in Hawaii. The laws that they are bringing to Hawai`i is not the laws of Hawaii; they are bringing in laws from the mainland and applying it to Hawaii. But all who are involved will be charged criminally in the war crimes of the Kingdom of Hawaii. That's all I have. BEAUDET: Thank you. Mahalo, Mr. Keanaaina. Would you like to proceed with your testimony? FREITAS: Good morning. My name is Robert Freitas,Jr. And I believe, if there is also Kamehameha Schools, well, if you really look at it, it's pretty much the same thing; Kamehameha Schools had Land Patents, Royal Patents,that was passed on from the king, so do we. So why is it that you are recognizing Kamehameha Schools' Land Patents and Awards, but not those of the Hawaiian people that have them as well, with the same allodial titles and claims? This is my testimony: To Whom It May Concern. My name is Robert Freitas,Jr. and I am the oldest son of Robert Freitas, Sr. and Amy Mokihana Keanaaina Freitas. My grandfather is William Keanaaina,Jr. and my grandmother is Emily Kopa Kapanui. My hanai great-grandfather is Jacob P. Kamaka Kama Kaiokeko`a and my hanai grandfather is Henry P. Kamaka. My great grandfather eventually changed his name from Jacob P. Kama to Jacob P. Kamaka. My mother's father William Keanaaina died when she was very young, and upon her mother Emily meeting Tutu man Henry P. Kamaka, he became the only father she knew, caring for him, his father Papa Jacob and her mother Emily, as a devoted daughter would. Because they didn't know how to drive, my mother and father would drive them wherever they needed to go and even assisted them in not only the caring of their 10 DRAFT lands but more importantly in trying to stop the theft of their lands by the State of Hawaii,being `O`oma and Keahole kuleana lands, Hu`ehu`e Ranch, and speculating developers of the mauka portions. My great grandfather Papa Jacob was also an attorney,and because he was aware of the illegal overthrown and how the illegally occupying government, businessmen,ranchers and speculating developers were trying to steal the lands, he made it a point that only one person was given the kuleana or responsibility for all lands belonging to both himself and his son Henry. Because my grandfather Tutu man Henry had no children, he Una hanai adopted my mother as his only daughter, and passed onto her the kuleana, as it was passed onto him from his father, and so on. As instructed by my mother Amy and as Hawaiian protocol dictates prior to my father's passing in 2008 the kuleana for all documents and lands belonging to Papa Jacob P. Kamaka and Henry P. Kamaka were passed onto me as the eldest son. These lands also included Land Grant 2972 Ka`akau Kama for 515 acres signed on August 24, 1864 by King Kamehameha V, not HI as my uncle had mentioned, it was Kamehameha V. BEAUDET: Mr. Freitas? FREITAS: Yes. BEAUDET: Excuse me. Kala mai,but I have to interject. Testimony is either to communicate your support or non-support of the application. So I respectfully ask that maybe you direct your testimony in the direction of your support or non-support of the application. FREITAS: Well, actually, what I'll do is I'll --. BEAUDET: I respect, I respect what you have --. FREITAS: -- I'll go ahead and just--. BEAUDET: -- to share with us, but. FREITAS: -- share the Exhibits that are being included. BEAUDET: Okay. FREITAS: And Exhibit A is the Lang Grant 2972 Ka`akau Kama, of which it was awarded to my grandfather. BEAUDET: I guess --. FREITAS: Exhibit B BEAUDET: -- if I could, if I could just interject one more time, Mr. Freitas. Our, the issue that we have to decide on today is not on the rightful ownership of the property, but it's merely for a rezoning and a subdivision of the subject property. Your issues and concerns are valid and real, and I respect that. But this is not the right venue for us to share in a discussion of that or provide opinions relative of how it should or not impact the application. So if you support, then you support; if you do not 11 DRAFT support,then you do not support. But as a commission, we are concerned with what direction your testimony is --. FREITAS: Okay. BEAUDET: --relative to just the application, not the land. FREITAS: Well, actually, I am just going to kind of round it up, because I'm pretty sure my Exhibits that I'm going to be handing in and the testimony will speak for itself. BEAUDET: Thank you. FREITAS: But in conclusion, because there is no treaty of annexation, the confiscation of lands belonging to the occupied state is a war crime, as my uncle had indicated. So I highly recommend, and there has been meetings that have been going on with Dr. Keanu Sai regarding this very issue, besides overthrow but also land claims and land titles and the consequences involved, so I highly recommend, and I provided both my attorney Dexter Kaiama, his phone number, as well as Dr. Keanu Sai's phone number, and I highly recommend that you obtain the professional and expert opinion on this matter and the information that I have provided to you. Dr. Sai is the leading expert in International Law, United States Constitution Law, Hawaiian Kingdom Law, Hawai`i's political history and land titles. Both Mr. Kaiama and Dr. Sai are assisting me in filing my felony and war crime complaints. So once again, I highly recommend that you contact them before making your decision,because if you make the wrong decisions,you can be implicated as accessories. That is my testimony. BEAUDET: Thank you, we appreciate that. If I could ask the applicant now to return to the table. FREITAS: Mahalo. BEAUDET: Mahalo. Applicant, if you could just hold off one second. So that concludes those who had requested for testimony. If there are any others in the audience who wish to testify on this agenda item,please come forward. Thank you. With that,I would like a motion for the closing of this portion of the public testimony. SHIMAOKA: I move. NOBRIGA: I second. BEAUDET: All those in favor? COMMISSIONERS: Aye [unanimous]. BEAUDET: Thank you. Applicant? Mr. Fuke, any, so you've heard the testimony and the discussion, is there any follow-up from the applicant that you would like to provide? 12 DRAFT FUKE: The only thing is that, you know, I had submitted a letter to the office,to the Planning Department and,which is reflected in your Exhibit 3, I just provided a copy of the title report,you know,a warranty deed,and so that's all we can rely on. And I concur with your comments in the sense that, you know, while there may be some constitutional or judicial related type of issues associated with the title of the property, I concur with you that this is not the appropriate forum or venue, you know, for the discussion. And that's all I can say, you know, with regards to the comments that was provided earlier. BEAUDET: Thank you. Commissioners, any comments or further discussion with the applicant or staff on this matter? CHURCH: So I understand, the Planning Director is advocating a favorable ruling accepting the applicant's request for modifications of Conditions D, E, I and J, is that correct? JACKSON: The Director is agreeable to deleting Condition D, modifying Condition E, modifying Condition I and J as described by Sidney. CHURCH: Right. That's what I thought. Thank you. BEAUDET: Commissioners, any more discussion with the applicant? With that, thank you, Sidney. So I think I've just got to make one comment before we move forward, and this is in dealing with the testimony. As a commission, you know, we make our decisions and we based our concerns and our comments and our discussions and everything on a set of rules and standards, although there are issues far beyond those things that are relevant, yeah, and, you know, individuals may look at those things differently and that's okay; but the format of the Commission and the forum that, and the platform, that we sit on in order to make the decisions on the applications request is only based on the standards and the rules that are put in front of us by the County of Hawaii and the State of Hawai`i from a land use perspective. So we cannot let ourselves to be directed in our decision making processes with those rules that we are not governed by. And that's why, as a commission, as its Chair, I need to facilitate these meetings in such a way that we just stick, as a commission, we just stick to the rules that we have to decide on, and we cannot be swayed by other things that we could have compassion for or not. So I just needed to share that with the audience. So if there is no further discussion, Commissioners, I need a motion for action. KAHOLO: Mr. Chair? BEAUDET: Yes. KAHOLO: I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone,Docket Number Rezone 15-192,based on the Planning Director's recommendation, findings, and proposed conditions, which shall be adopted. BEAUDET: Subject to changes and revisions? KAHOLO: D, E, I and J. 13 DRAFT PATEL: And just to clarify, that's as stated and agreed to, as stated by the applicant's representative and agreed to by the Planning Director'? KAHOLO: Yes. BEAUDET: Second? Asking for a second. UNGER: Second. BEAUDET: It has been moved by Commissioner Kaholo for a favorable recommendation on the rezoning application, 15-192, and seconded by Commissioner Unger. Staff,roll call,please. JACKSON: Thank you, Mr. Chair. Commissioner Kaholo? KAHOLO: Aye. JACKSON: Commissioner Unger? UNGER: Aye. JACKSON: Commissioner Church? CHURCH: Aye. JACKSON: Commissioner Nobriga? NOBRIGA: Aye. JACKSON: Commissioner Shimaoka? SHIMAOKA: Aye. JACKSON: And Chair Beaudet? BEAUDET: Aye. JACKSON: Okay, the motion passes, six-zero. The discussion ended at 10:35 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 14 DRAFT N �1 O GU LLI 0 z U W I- z O • U 0 n_ I-- w � Z 0II `L 0 CC) Lij z Q U a ,pi 111.' ttthh� /'I w 2. 1 14 .. 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