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As such, the system will be constructed in conjunction with the balance of the <br /> infrastructure for the proposed subdivision. <br /> M. The applicant and its successors in interest shall be responsible for any noise <br /> abatement measures for the subject property, which may be required to qualify the <br /> Kahului-Keauhou Parkway for Federal funding. Until the completion of the Kahului- <br /> Keauhou Parkway through the subject property, covenants in all deeds to subject <br /> property, including deeds to individual units and to any lots subdivided from the <br /> subject property, and promotional and sales materials given to prospective <br /> purchasers, shall inform prospective owners of the following: "Plans for the area <br /> involve the construction of the Kahului-Keauhou Parkway within a right-of-way <br /> shown on the attached map. The, Kahului-Keauhou Parkway will be a major highway <br /> that is expected to carry a high volume of traffic. The County of Hawaii has <br /> determined that the construction of this highway is important to the proper <br /> development of Kona as a whole. The construction of the Kahului-Keauhou Parkway <br /> will create noise, dust, and other impacts. The contractor building the Parkway will <br /> be required to follow some regulations to reduce noise and dust, but some impacts <br /> will occur. After completion, traffic on the Kahului Keauhou Parkway will cause <br /> noise and other effects that must be expected from a busy roadway. A prospective <br /> purchaser who cannot accept the future construction of the Kahului-Keauhou <br /> Parkway in this area is advised to seek another area to reside. This property was <br /> rezoned on condition that if noise abatement measures between the Parkway and <br /> adjacent residences in this project must be taken to qualify the KahuluiKeauhou <br /> Parkway project for Federal funding, the residential owners would be required to pay <br /> for the noise abatement." The sales materials and covenants do not have to follow the <br /> exact wording of this condition but shall inform the prospective purchasers of the <br /> substance of this condition. <br /> • The Applicant acknowledges this condition and understands the obligations <br /> associated with potential noise abatement measures associated with the <br /> development of the Kahului-Keauhou Parkway and the noise implications <br /> associated with its development and use as a major highway. <br /> N. Comply with Chapter 11-55, Water Pollution Control, Hawai`i Administrative Rules, <br /> Department of Health, which requires an NPDES permit for certain construction <br /> activity. <br /> • The Applicant will comply with this condition. <br /> O. During construction, measures shall be taken to minimize the potential of both <br /> fugitive dust and runoff sedimentation. Such measures shall be in compliance with <br /> construction industry standards and practices utilized during construction projects of <br /> the State of Hawai`i. <br /> • This will be complied with by the contractor. <br /> 14Page <br />