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[X]W.Any construction within the Federal Emergency Management Agency(FEMA) <br /> designated flood zones shall conform to Chapter 27, Floodplain Management, of the <br /> Hawai`i County Code. <br /> [Y-]X. There shall be no construction of residential structures and related improvements or other <br /> substantial buildings, or subdivision roads (unless the roads are protected from flooding <br /> in a manner meeting with the approval of the Department of Public Works) within areas <br /> designated Zone "AE" or "A" on the Flood Insurance Rate Map (FIRM). Restrictive <br /> covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. <br /> A copy of the proposed covenant(s) to be recorded with the State of Hawai`i Bureau of <br /> Conveyances shall be submitted to the Planning Director for review and approval prior to <br /> issuance of Final Subdivision Approval for a non-bulk lot subdivision. A copy of the <br /> recorded document shall be filed with the Planning Department upon its receipt from the <br /> Bureau of Conveyances. No residential lots may be created which lack a buildable area. <br /> As represented by the applicant, the main Alenaio Stream drainageway shall be kept as an <br /> open space area, except for drainage improvements which may be required pursuant to <br /> the drainage study, and park improvements, including bicycle and pedestrian paths. <br /> [Z ]Y. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, <br /> Erosion and Sedimentation Control, of the Hawaii County Code. <br /> [AA.]Z. The applicant shall contact the U.S. Department of Army Corps of Engineers to identify <br /> whether a federal permit is required for any possible work involving the discharge of fill <br /> material into wetlands or Alenaio Stream. <br /> [BB]AA. The applicant shall contact the State Department of Health as to whether a National <br /> Pollutant Discharge Elimination System (NPDES) general or individual permit is <br /> required for this development. <br /> -11- <br />