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William P.Kenoi c t•q!.� RECEIC .) <br /> e . . Duane Kanuha <br /> Mayor SEP Z fi 1016 Director <br /> Joaquin Gamiao-Kunkel <br /> 4~•r�� Deputy Director <br /> West Hawaii Office East Hawaii Office <br /> 74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3 <br /> Kailua-Kona,Hawaii 96740 Uounty of Hawaii Hilo,Hawaii 96720 <br /> Phone(808)323-4770 Phone(808)961-8288 <br /> Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 <br /> September 21,2016 <br /> Ms. Christy A. Logan, PMP <br /> Bolton Inc. <br /> P. O Box 898 <br /> Kailua Kona, HI 96745 <br /> Dear Ms. Logan: <br /> Assessment of Conditions Relating to Warning Letter dated February 19,2016 <br /> (File No. 2015-035W) and Disposition of Special Permit Application No. 16-000188 <br /> Applicant: Bolton,Inc. <br /> TMK 7-5-017:044,Kahului 11&2"d,North Kona,Hawaii <br /> This is in regard to our letter dated August 23,2016,wherein we requested Bolton Inc. to cease and <br /> desist all work on site until a site inspection was conducted.That letter was the culmination of a <br /> series of letters and confirmations requested of Bolton Inc.in an effort to determine whether or not a <br /> violation of the Zoning Code or State Land Use Law had occurred and if so,whether or not the <br /> Special Permit application filed by Bolton Inc. would continue to move forward. <br /> After further consultation and field verification with and between DPW Engineering staff and our <br /> Zoning Inspector,we conclude that work being conducted on the property under the parameters of <br /> Grading Permit No. 092524 and stockpiling permits Nos. 092525 and 092529,and associated permits <br /> secured thereto(DOH temporary covered source permit and community noise permit)do not fall <br /> within the purview of Zoning Code requirements for a Special Permit under Section 25-5-72(c)(5), <br /> HCC. <br /> Section 25-5-72(c)requires that the following uses may be permitted in the(County)Agricultural <br /> zoning district,provided that a Special Permit is obtained for such use if the building site is located <br /> within the State Land Use Agricultural district. The only use category that could be reasonably <br /> applicable under this section is"(5) excavation or removal of natural building material or minerals, <br /> for commercial use." Generally speaking, we equate this definition to a quarry,where the purpose of <br /> the excavation and removal of natural building material is solely for commercial purposes. <br /> However, in this case,the evidence finds that the removal of natural building material from the <br /> subject property is related to on-site and off-site drainage improvement purposes with no further <br /> evidence it is being conducted for commercial purposes as a quarry would. We can therefore <br /> conclude that the material removal, as you specifically represented, is therefore defined by Chapter <br /> www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer plannin2@hawaiicountX_Qov <br />