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required, shall be constructed meeting with the approval of the Department of <br /> Public Works prior to the issuance of a construction permit for any new structure <br /> or driveway. <br /> L. All earthwork and grading activity shall conform to the Hawai`i County Code <br /> Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control. <br /> M. Any new construction within the Kihalani Homestead Road right-of-way shall <br /> conform to Hawai`i County Code Chapter 22, County Streets. <br /> N. In the unlikely event that any surface or subsurface historic properties and/or <br /> resources, such as lava tube openings, concentrations of artifacts, structural <br /> remains or human skeletal remains are found during construction activities, the <br /> applicants shall cease work in the immediate vicinity of the find, protect the find <br /> from additional disturbance and immediately contact the State Historic <br /> Preservation Division(DLNR-SHPD) at (808) 933-7651 for further guidance. <br /> The applicants shall also notify the Planning Department immediately after <br /> contacting the DLNR-SHPD. Subsequent work shall proceed upon an <br /> archaeological clearance from DLNR-SHPD when it finds that sufficient <br /> mitigation measures have been taken. <br /> 0. An initial extension of time for the performance of conditions within the <br /> ordinance may be granted by the Planning Director upon the following <br /> circumstances: <br /> 1. The non-performance is the result of conditions that could not have been <br /> foreseen or are beyond the control of the applicants, successors or assigns, <br /> and that are not the result of their fault or negligence. <br /> -6- <br />